46 | | - | physician assistants or surgeon assistants accredited by the Accreditation 33 General Assembly Of North Carolina Session 2025 |
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47 | | - | Page 2 House Bill 672-First Edition |
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48 | | - | Review Commission on Education for the Physician Assistant or its 1 |
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49 | | - | predecessor or successor entities. 2 |
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50 | | - | (2) The applicant has a current or previous certification issued by the National 3 |
---|
51 | | - | Commission on Certification of Physician Assistants or its successor. 4 |
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52 | | - | (3) The applicant is of good moral character. 5 |
---|
53 | | - | (b) Before initiating practice of medical acts, tasks, or functions as a physician assistant, 6 |
---|
54 | | - | the physician assistant shall provide the Board the name, address, and telephone number of the 7 |
---|
55 | | - | physician who will supervise the physician assistant in the relevant medical setting. This 8 |
---|
56 | | - | subsection shall not apply to physician assistants who meet the requirements for team-based 9 |
---|
57 | | - | practice under G.S. 90-9.3A. 10 |
---|
58 | | - | (c) The Board may, by rule, require an applicant to comply with other requirements or 11 |
---|
59 | | - | submit additional information the Board deems appropriate." 12 |
---|
60 | | - | SECTION 1.1.(c) Article 1 of Chapter 90 of the General Statutes is amended by 13 |
---|
61 | | - | adding a new section to read: 14 |
---|
62 | | - | "§ 90-9.3A. Requirements for team-based practice as a physician assistant. 15 |
---|
63 | | - | (a) In order to practice as a team-based physician assistant, a physician assistant shall 16 |
---|
64 | | - | meet all of the following conditions: 17 |
---|
65 | | - | (1) Practice in team-based settings, as defined in G.S. 90-1.1(4d). 18 |
---|
66 | | - | (2) Have more than 4,000 hours of clinical practice experience as a licensed 19 |
---|
67 | | - | physician assistant and more than 1,000 hours of clinical practice experience 20 |
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68 | | - | within the specific medical specialty of practice with a physician in that 21 |
---|
69 | | - | specialty. 22 |
---|
70 | | - | (3) Submit proof as the Board may deem satisfactory by rule that the individual 23 |
---|
71 | | - | meets the requirements of subdivisions (1) and (2) of this subsection. The 24 |
---|
72 | | - | Board may, by rule, require the physician assistant to comply with other 25 |
---|
73 | | - | requirements or submit additional information the Board deems appropriate. 26 |
---|
74 | | - | (b) Team-based physician assistants shall collaborate and consult with or refer to the 27 |
---|
75 | | - | appropriate members of the health care team as required by the patient's condition and as 28 |
---|
76 | | - | indicated by the education, experience, and competencies of the physician assistant and the 29 |
---|
77 | | - | standard of care. The degree of collaboration must be determined by the practice which may 30 |
---|
78 | | - | include decisions by the employer, group, hospital service, and the credentialing and privileging 31 |
---|
79 | | - | systems of a licensed facility. The Board may adopt rules to establish requirements for the 32 |
---|
80 | | - | determination and enforcement of collaboration, consultation, and referral. Team-based 33 |
---|
81 | | - | physician assistants are responsible for the care they provide. 34 |
---|
82 | | - | (c) Notwithstanding any other provision of this Chapter, a team-based physician assistant 35 |
---|
83 | | - | practicing in a perioperative setting, including the provision of surgical or anesthesia-related 36 |
---|
84 | | - | services, shall be supervised by a physician." 37 |
---|
85 | | - | SECTION 1.1.(d) G.S. 90-12.4 reads as rewritten: 38 |
---|
86 | | - | "§ 90-12.4. Physician assistant limited volunteer license. 39 |
---|
87 | | - | … 40 |
---|
88 | | - | (d) Before initiating the performance of medical acts, tasks, or functions as a physician 41 |
---|
89 | | - | assistant licensed under this section, the physician assistant shall provide submit to the Board 42 |
---|
90 | | - | either an "Intent to Practice Notification Form," which shall include the name, address, and 43 |
---|
91 | | - | telephone number of the physician licensed under this Article who will supervise the physician 44 |
---|
92 | | - | assistant in the clinic specializing in the care of indigent patients.patients, or meet the 45 |
---|
93 | | - | requirements for team-based practice under G.S. 90-9.3A. 46 |
---|
94 | | - | …." 47 |
---|
95 | | - | SECTION 1.1.(e) G.S. 90-12.4B reads as rewritten: 48 |
---|
96 | | - | "§ 90-12.4B. Physician Assistant assistant retired limited volunteer license. 49 |
---|
97 | | - | …." 50 |
---|
98 | | - | SECTION 1.1.(f) G.S. 90-18.1 reads as rewritten: 51 General Assembly Of North Carolina Session 2025 |
---|
99 | | - | House Bill 672-First Edition Page 3 |
---|
100 | | - | "§ 90-18.1. Limitations on physician assistants. 1 |
---|
101 | | - | (a) Any person who is licensed under the provisions of G.S. 90-9.3 to perform medical 2 |
---|
102 | | - | acts, tasks, and functions as a physician assistant may use the title "physician assistant" or "PA." 3 |
---|
103 | | - | Any other person who uses the title in any form or holds out to be a physician assistant or to be 4 |
---|
104 | | - | so licensed, shall be deemed to be in violation of this Article. 5 |
---|
105 | | - | (a1) Physician assistants shall clearly designate their credentials as a physician assistant in 6 |
---|
106 | | - | all clinical settings. 7 |
---|
107 | | - | (b) Physician assistants are authorized to write prescriptions for drugs under the 8 |
---|
108 | | - | following conditions: 9 |
---|
109 | | - | (1) The North Carolina Medical Board has adopted regulations governing the 10 |
---|
110 | | - | approval of individual physician assistants to write prescriptions with such 11 |
---|
111 | | - | limitations as the Board may determine to be in the best interest of patient 12 |
---|
112 | | - | health and safety. 13 |
---|
113 | | - | (2) The physician assistant holds a current license issued by the Board. 14 |
---|
114 | | - | (3) Repealed by Session Laws 2019-191, s. 35, effective October 1, 2019. 15 |
---|
115 | | - | (4) The supervising physician has provided to the physician assistant written 16 |
---|
116 | | - | instructions about indications and contraindications for prescribing drugs and 17 |
---|
117 | | - | a written policy for periodic review by the physician of the drugs prescribed. 18 |
---|
118 | | - | This subdivision shall not apply to individuals who are practicing in a 19 |
---|
119 | | - | team-based setting under G.S. 90-9.3A. 20 |
---|
120 | | - | (5) A physician assistant shall personally consult with the supervising physician 21 |
---|
121 | | - | prior to prescribing a targeted controlled substance as defined in Article 5 of 22 |
---|
122 | | - | this Chapter when all of the following conditions apply: 23 |
---|
123 | | - | a. The patient is being treated by a facility that primarily engages in the 24 |
---|
124 | | - | treatment of pain by prescribing narcotic medications. 25 |
---|
125 | | - | b. The therapeutic use of the targeted controlled substance will or is 26 |
---|
126 | | - | expected to exceed a period of 30 days. 27 |
---|
127 | | - | When a targeted controlled substance prescribed in accordance with this subdivision is 28 |
---|
128 | | - | continuously prescribed to the same patient, the physician assistant shall consult with the 29 |
---|
129 | | - | supervising physician at least once every 90 days to verify that the prescription remains medically 30 |
---|
130 | | - | appropriate for the patient. 31 |
---|
131 | | - | (c) Physician assistants are authorized to compound and dispense drugs under the 32 |
---|
132 | | - | following conditions: 33 |
---|
133 | | - | (1) The function is performed under the supervision of a licensed 34 |
---|
134 | | - | pharmacist.physician. 35 |
---|
135 | | - | (2) Rules and regulations of the North Carolina Board of Pharmacy and all 36 |
---|
136 | | - | applicable State and federal laws governing this function compounding and 37 |
---|
137 | | - | dispensing are complied with. 38 |
---|
138 | | - | (3) The physician assistant holds a current license issued by the Board. 39 |
---|
139 | | - | (4) The physician assistant registers with the Board of Pharmacy. 40 |
---|
140 | | - | (d) Physician assistants are authorized to order medications, tests and treatments in 41 |
---|
141 | | - | hospitals, clinics, nursing homes, and other health facilities under the following conditions: 42 |
---|
142 | | - | (1) The North Carolina Medical Board has adopted regulations governing the 43 |
---|
143 | | - | approval of individual physician assistants to order medications, tests, and 44 |
---|
144 | | - | treatments with such limitations as the Board may determine to be in the best 45 |
---|
145 | | - | interest of patient health and safety. 46 |
---|
146 | | - | (2) The physician assistant holds a current license issued by the Board. 47 |
---|
147 | | - | (3) The If the physician assistant is subject to a supervisory arrangement, the 48 |
---|
148 | | - | supervising physician has provided to the physician assistant written 49 |
---|
149 | | - | instructions about ordering medications, tests, and treatments, and when 50 |
---|
150 | | - | appropriate, specific oral or written instructions for an individual patient, with 51 General Assembly Of North Carolina Session 2025 |
---|
151 | | - | Page 4 House Bill 672-First Edition |
---|
| 45 | + | physician assistants or surgeon assistants accredited by the Accreditation 33 |
---|
| 46 | + | Review Commission on Education for the Physician Assistant or its 34 |
---|
| 47 | + | predecessor or successor entities. 35 |
---|
| 48 | + | H.B. 672 |
---|
| 49 | + | Apr 1, 2025 |
---|
| 50 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
---|
| 51 | + | Page 2 DRH10292-NBf-127 |
---|
| 52 | + | (2) The applicant has a current or previous certification issued by the National 1 |
---|
| 53 | + | Commission on Certification of Physician Assistants or its successor. 2 |
---|
| 54 | + | (3) The applicant is of good moral character. 3 |
---|
| 55 | + | (b) Before initiating practice of medical acts, tasks, or functions as a physician assistant, 4 |
---|
| 56 | + | the physician assistant shall provide the Board the name, address, and telephone number of the 5 |
---|
| 57 | + | physician who will supervise the physician assistant in the relevant medical setting. This 6 |
---|
| 58 | + | subsection shall not apply to physician assistants who meet the requirements for team-based 7 |
---|
| 59 | + | practice under G.S. 90-9.3A. 8 |
---|
| 60 | + | (c) The Board may, by rule, require an applicant to comply with other requirements or 9 |
---|
| 61 | + | submit additional information the Board deems appropriate." 10 |
---|
| 62 | + | SECTION 1.1.(c) Article 1 of Chapter 90 of the General Statutes is amended by 11 |
---|
| 63 | + | adding a new section to read: 12 |
---|
| 64 | + | "§ 90-9.3A. Requirements for team-based practice as a physician assistant. 13 |
---|
| 65 | + | (a) In order to practice as a team-based physician assistant, a physician assistant shall 14 |
---|
| 66 | + | meet all of the following conditions: 15 |
---|
| 67 | + | (1) Practice in team-based settings, as defined in G.S. 90-1.1(4d). 16 |
---|
| 68 | + | (2) Have more than 4,000 hours of clinical practice experience as a licensed 17 |
---|
| 69 | + | physician assistant and more than 1,000 hours of clinical practice experience 18 |
---|
| 70 | + | within the specific medical specialty of practice with a physician in that 19 |
---|
| 71 | + | specialty. 20 |
---|
| 72 | + | (3) Submit proof as the Board may deem satisfactory by rule that the individual 21 |
---|
| 73 | + | meets the requirements of subdivisions (1) and (2) of this subsection. The 22 |
---|
| 74 | + | Board may, by rule, require the physician assistant to comply with other 23 |
---|
| 75 | + | requirements or submit additional information the Board deems appropriate. 24 |
---|
| 76 | + | (b) Team-based physician assistants shall collaborate and consult with or refer to the 25 |
---|
| 77 | + | appropriate members of the health care team as required by the patient's condition and as 26 |
---|
| 78 | + | indicated by the education, experience, and competencies of the physician assistant and the 27 |
---|
| 79 | + | standard of care. The degree of collaboration must be determined by the practice which may 28 |
---|
| 80 | + | include decisions by the employer, group, hospital service, and the credentialing and privileging 29 |
---|
| 81 | + | systems of a licensed facility. The Board may adopt rules to establish requirements for the 30 |
---|
| 82 | + | determination and enforcement of collaboration, consultation, and referral. Team-based 31 |
---|
| 83 | + | physician assistants are responsible for the care they provide. 32 |
---|
| 84 | + | (c) Notwithstanding any other provision of this Chapter, a team-based physician assistant 33 |
---|
| 85 | + | practicing in a perioperative setting, including the provision of surgical or anesthesia-related 34 |
---|
| 86 | + | services, shall be supervised by a physician." 35 |
---|
| 87 | + | SECTION 1.1.(d) G.S. 90-12.4 reads as rewritten: 36 |
---|
| 88 | + | "§ 90-12.4. Physician assistant limited volunteer license. 37 |
---|
| 89 | + | … 38 |
---|
| 90 | + | (d) Before initiating the performance of medical acts, tasks, or functions as a physician 39 |
---|
| 91 | + | assistant licensed under this section, the physician assistant shall provide submit to the Board 40 |
---|
| 92 | + | either an "Intent to Practice Notification Form," which shall include the name, address, and 41 |
---|
| 93 | + | telephone number of the physician licensed under this Article who will supervise the physician 42 |
---|
| 94 | + | assistant in the clinic specializing in the care of indigent patients.patients, or meet the 43 |
---|
| 95 | + | requirements for team-based practice under G.S. 90-9.3A. 44 |
---|
| 96 | + | …." 45 |
---|
| 97 | + | SECTION 1.1.(e) G.S. 90-12.4B reads as rewritten: 46 |
---|
| 98 | + | "§ 90-12.4B. Physician Assistant assistant retired limited volunteer license. 47 |
---|
| 99 | + | …." 48 |
---|
| 100 | + | SECTION 1.1.(f) G.S. 90-18.1 reads as rewritten: 49 |
---|
| 101 | + | "§ 90-18.1. Limitations on physician assistants. 50 General Assembly Of North Carolina Session 2025 |
---|
| 102 | + | DRH10292-NBf-127 Page 3 |
---|
| 103 | + | (a) Any person who is licensed under the provisions of G.S. 90-9.3 to perform medical 1 |
---|
| 104 | + | acts, tasks, and functions as a physician assistant may use the title "physician assistant" or "PA." 2 |
---|
| 105 | + | Any other person who uses the title in any form or holds out to be a physician assistant or to be 3 |
---|
| 106 | + | so licensed, shall be deemed to be in violation of this Article. 4 |
---|
| 107 | + | (a1) Physician assistants shall clearly designate their credentials as a physician assistant in 5 |
---|
| 108 | + | all clinical settings. 6 |
---|
| 109 | + | (b) Physician assistants are authorized to write prescriptions for drugs under the 7 |
---|
| 110 | + | following conditions: 8 |
---|
| 111 | + | (1) The North Carolina Medical Board has adopted regulations governing the 9 |
---|
| 112 | + | approval of individual physician assistants to write prescriptions with such 10 |
---|
| 113 | + | limitations as the Board may determine to be in the best interest of patient 11 |
---|
| 114 | + | health and safety. 12 |
---|
| 115 | + | (2) The physician assistant holds a current license issued by the Board. 13 |
---|
| 116 | + | (3) Repealed by Session Laws 2019-191, s. 35, effective October 1, 2019. 14 |
---|
| 117 | + | (4) The supervising physician has provided to the physician assistant written 15 |
---|
| 118 | + | instructions about indications and contraindications for prescribing drugs and 16 |
---|
| 119 | + | a written policy for periodic review by the physician of the drugs prescribed. 17 |
---|
| 120 | + | This subdivision shall not apply to individuals who are practicing in a 18 |
---|
| 121 | + | team-based setting under G.S. 90-9.3A. 19 |
---|
| 122 | + | (5) A physician assistant shall personally consult with the supervising physician 20 |
---|
| 123 | + | prior to prescribing a targeted controlled substance as defined in Article 5 of 21 |
---|
| 124 | + | this Chapter when all of the following conditions apply: 22 |
---|
| 125 | + | a. The patient is being treated by a facility that primarily engages in the 23 |
---|
| 126 | + | treatment of pain by prescribing narcotic medications. 24 |
---|
| 127 | + | b. The therapeutic use of the targeted controlled substance will or is 25 |
---|
| 128 | + | expected to exceed a period of 30 days. 26 |
---|
| 129 | + | When a targeted controlled substance prescribed in accordance with this subdivision is 27 |
---|
| 130 | + | continuously prescribed to the same patient, the physician assistant shall consult with the 28 |
---|
| 131 | + | supervising physician at least once every 90 days to verify that the prescription remains medically 29 |
---|
| 132 | + | appropriate for the patient. 30 |
---|
| 133 | + | (c) Physician assistants are authorized to compound and dispense drugs under the 31 |
---|
| 134 | + | following conditions: 32 |
---|
| 135 | + | (1) The function is performed under the supervision of a licensed 33 |
---|
| 136 | + | pharmacist.physician. 34 |
---|
| 137 | + | (2) Rules and regulations of the North Carolina Board of Pharmacy and all 35 |
---|
| 138 | + | applicable State and federal laws governing this function compounding and 36 |
---|
| 139 | + | dispensing are complied with. 37 |
---|
| 140 | + | (3) The physician assistant holds a current license issued by the Board. 38 |
---|
| 141 | + | (4) The physician assistant registers with the Board of Pharmacy. 39 |
---|
| 142 | + | (d) Physician assistants are authorized to order medications, tests and treatments in 40 |
---|
| 143 | + | hospitals, clinics, nursing homes, and other health facilities under the following conditions: 41 |
---|
| 144 | + | (1) The North Carolina Medical Board has adopted regulations governing the 42 |
---|
| 145 | + | approval of individual physician assistants to order medications, tests, and 43 |
---|
| 146 | + | treatments with such limitations as the Board may determine to be in the best 44 |
---|
| 147 | + | interest of patient health and safety. 45 |
---|
| 148 | + | (2) The physician assistant holds a current license issued by the Board. 46 |
---|
| 149 | + | (3) The If the physician assistant is subject to a supervisory arrangement, the 47 |
---|
| 150 | + | supervising physician has provided to the physician assistant written 48 |
---|
| 151 | + | instructions about ordering medications, tests, and treatments, and when 49 |
---|
| 152 | + | appropriate, specific oral or written instructions for an individual patient, with 50 General Assembly Of North Carolina Session 2025 |
---|
| 153 | + | Page 4 DRH10292-NBf-127 |
---|
152 | 154 | | provision for review by the physician of the order within a reasonable time, as 1 |
---|
153 | 155 | | determined by the Board, after the medication, test, or treatment is ordered. 2 |
---|
154 | 156 | | (4) The hospital or other health facility has adopted a written policy about 3 |
---|
155 | 157 | | ordering medications, tests, and treatments, including procedures for 4 |
---|
156 | 158 | | verification of the physician assistants' orders by nurses and other facility 5 |
---|
157 | 159 | | employees and such other procedures as are in the interest of patient health 6 |
---|
158 | 160 | | and safety. 7 |
---|
159 | 161 | | (e) Any prescription written by a physician assistant or order given by a physician 8 |
---|
160 | 162 | | assistant for medications, tests, or treatments shall be deemed to have been authorized by the 9 |
---|
161 | 163 | | physician approved by the Board as the supervisor of the physician assistant and the supervising 10 |
---|
162 | 164 | | physician shall be responsible for authorizing the prescription or order. This subsection shall not 11 |
---|
163 | 165 | | apply to individuals who are practicing in a team-based setting under G.S. 90-9.3A who may 12 |
---|
164 | 166 | | prescribe, order, administer, and procure drugs and medical devices without physician 13 |
---|
165 | 167 | | authorization. Individuals who are practicing in a team-based setting under G.S. 90-9.3A may 14 |
---|
166 | 168 | | also plan and initiate a therapeutic regimen that includes ordering and prescribing 15 |
---|
167 | 169 | | non-pharmacological interventions, including durable medical equipment, nutrition, blood, blood 16 |
---|
168 | 170 | | products, and diagnostic support services, including home health care, hospice, and physical and 17 |
---|
169 | 171 | | occupational therapy. 18 |
---|
170 | 172 | | (e1) Any medical certification completed by a physician assistant for a Physician assistants 19 |
---|
171 | 173 | | may authenticate any document, including death certificate shall be deemed to have been 20 |
---|
172 | 174 | | authorized by the physician approved by the Board as the supervisor of the physician assistant, 21 |
---|
173 | 175 | | and the supervising physician shall be responsible for authorizing the completion certificates with 22 |
---|
174 | 176 | | their signature, certification, stamp, verification, affidavit, or endorsement, if it may be so 23 |
---|
175 | 177 | | authenticated by the signature, certification, stamp, verification, affidavit, or endorsement of the 24 |
---|
176 | 178 | | medical certification.a physician. 25 |
---|
177 | 179 | | (e2) Physician assistants shall not perform final interpretations of diagnostic imaging 26 |
---|
178 | 180 | | studies. For purposes of this subsection, "diagnostic imaging" shall include computed 27 |
---|
179 | 181 | | tomography (CT), magnetic resonance imaging (MRI), nuclear medicine, positron emission 28 |
---|
180 | 182 | | tomography (PET), mammography, and ultrasound services. Final interpretation shall be 29 |
---|
181 | 183 | | provided by a physician licensed under this Chapter. Notwithstanding any other provision of this 30 |
---|
182 | 184 | | Chapter, physician assistants conducting final interpretation of plain film radiographs shall be 31 |
---|
183 | 185 | | supervised by a physician. 32 |
---|
184 | 186 | | … 33 |
---|
185 | 187 | | (g) Any person who is licensed under G.S. 90-9.3 to perform medical acts, tasks, and 34 |
---|
186 | 188 | | functions as a physician assistant shall comply with each of the following: 35 |
---|
187 | 189 | | (1) Maintain a current and active license to practice in this State. 36 |
---|
188 | 190 | | (2) Maintain an active registration with the Board. 37 |
---|
189 | 191 | | (3) Have File a current Intent to Practice form filed with the Board.Board or meet 38 |
---|
190 | 192 | | the requirements for team-based practice under G.S. 90-9.3A. 39 |
---|
191 | 193 | | …." 40 |
---|
192 | 194 | | SECTION 1.1.(g) G.S. 90-21.81(9) reads as rewritten: 41 |
---|
193 | 195 | | "(9) Qualified technician. – A registered diagnostic medical sonographer who is 42 |
---|
194 | 196 | | certified in obstetrics and gynecology by the American Registry for 43 |
---|
195 | 197 | | Diagnostic Medical Sonography (ARDMS) (ARDMS), a physician assistant 44 |
---|
196 | 198 | | with certification in obstetrical ultrasonography, or a nurse midwife or 45 |
---|
197 | 199 | | advanced practice nurse practitioner in obstetrics with certification in 46 |
---|
198 | 200 | | obstetrical ultrasonography." 47 |
---|
199 | 201 | | SECTION 1.1.(h) G.S. 58-3-169 reads as rewritten: 48 |
---|
200 | 202 | | "§ 58-3-169. Required coverage for minimum hospital stay following birth. 49 |
---|
201 | 203 | | (a) Definitions. – As used in this section: 50 |
---|
202 | 204 | | (1) "Attending providers" includes: 51 General Assembly Of North Carolina Session 2025 |
---|
204 | 206 | | a. The obstetrician-gynecologists, pediatricians, family physicians, and 1 |
---|
205 | 207 | | other physicians primarily responsible for the care of a mother and 2 |
---|
206 | 208 | | newborn; and 3 |
---|
207 | 209 | | b. The nurse midwives midwives, physician assistants, and nurse 4 |
---|
208 | 210 | | practitioners primarily responsible for the care of a mother and her 5 |
---|
209 | 211 | | newborn child in accordance with State licensure and certification 6 |
---|
210 | 212 | | laws. 7 |
---|
211 | 213 | | …." 8 |
---|
212 | 214 | | SECTION 1.1.(i) G.S. 110-91 reads as rewritten: 9 |
---|
213 | 215 | | "§ 110-91. Mandatory standards for a license. 10 |
---|
214 | 216 | | All child care facilities shall comply with all State laws and federal laws and local ordinances 11 |
---|
215 | 217 | | that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the 12 |
---|
216 | 218 | | standards in this section shall be complied with by all child care facilities. However, none of the 13 |
---|
217 | 219 | | standards in this section apply to the school-age children of the operator of a child care facility 14 |
---|
218 | 220 | | but do apply to the preschool-age children of the operator. Children 13 years of age or older may 15 |
---|
219 | 221 | | receive child care on a voluntary basis provided all applicable required standards are met. The 16 |
---|
220 | 222 | | standards in this section, along with any other applicable State laws and federal laws or local 17 |
---|
221 | 223 | | ordinances, shall be the required standards for the issuance of a license by the Secretary under 18 |
---|
222 | 224 | | the policies and procedures of the Commission except that the Commission may, in its discretion, 19 |
---|
223 | 225 | | adopt less stringent standards for the licensing of facilities which provide care on a temporary, 20 |
---|
224 | 226 | | part-time, drop-in, seasonal, after-school or other than a full-time basis. 21 |
---|
225 | 227 | | (1) Medical Care and Sanitation. – The Commission for Public Health shall adopt 22 |
---|
226 | 228 | | rules which establish minimum sanitation standards for child care centers and 23 |
---|
227 | 229 | | their personnel. The sanitation rules adopted by the Commission for Public 24 |
---|
228 | 230 | | Health shall cover such matters as the cleanliness of floors, walls, ceilings, 25 |
---|
229 | 231 | | storage spaces, utensils, and other facilities; adequacy of ventilation; 26 |
---|
230 | 232 | | sanitation of water supply, lavatory facilities, toilet facilities, sewage disposal, 27 |
---|
231 | 233 | | food protection facilities, bactericidal treatment of eating and drinking 28 |
---|
232 | 234 | | utensils, and solid-waste storage and disposal; methods of food preparation 29 |
---|
233 | 235 | | and serving; infectious disease control; sleeping facilities; and other items and 30 |
---|
234 | 236 | | facilities as are necessary in the interest of the public health. The Commission 31 |
---|
235 | 237 | | for Public Health shall allow child care centers to use domestic kitchen 32 |
---|
236 | 238 | | equipment, provided appropriate temperature levels for heating, cooling, and 33 |
---|
237 | 239 | | storing are maintained. Child care centers that fry foods shall use commercial 34 |
---|
238 | 240 | | hoods. These rules shall be developed in consultation with the Department. 35 |
---|
239 | 241 | | The Commission shall adopt rules for child care facilities to establish 36 |
---|
240 | 242 | | minimum requirements for child and staff health assessments and medical 37 |
---|
241 | 243 | | care procedures. These rules shall be developed in consultation with the 38 |
---|
242 | 244 | | Department. Each child shall have a health assessment before being admitted 39 |
---|
243 | 245 | | or within 30 days following admission to a child care facility. The assessment 40 |
---|
244 | 246 | | shall be done by: (i) a licensed physician, (ii) the physician's authorized agent 41 |
---|
245 | 247 | | who is currently approved by the North Carolina Medical Board, or 42 |
---|
246 | 248 | | comparable certifying board in any state contiguous to North Carolina, (iii) a 43 |
---|
247 | 249 | | certified nurse practitioner, (iv) a licensed physician assistant, or (iv) (v) a 44 |
---|
248 | 250 | | public health nurse meeting the Departments Standards for Early Periodic 45 |
---|
249 | 251 | | Screening, Diagnosis, and Treatment Program. However, no health 46 |
---|
250 | 252 | | assessment shall be required of any staff or child who is and has been in 47 |
---|
251 | 253 | | normal health when the staff, or the child's parent, guardian, or full-time 48 |
---|
252 | 254 | | custodian objects in writing to a health assessment on religious grounds which 49 |
---|
253 | 255 | | conform to the teachings and practice of any recognized church or religious 50 |
---|
254 | 256 | | denomination. 51 General Assembly Of North Carolina Session 2025 |
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256 | 258 | | Organizations that provide prepared meals to child care centers only are 1 |
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257 | 259 | | considered child care centers for purposes of compliance with appropriate 2 |
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258 | 260 | | sanitation standards. 3 |
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259 | 261 | | …." 4 |
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260 | 262 | | SECTION 1.2. The North Carolina Medical Board shall adopt permanent rules 5 |
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261 | 263 | | necessary to implement the provisions of this act. 6 |
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262 | 264 | | SECTION 1.3. Section 1.1 of this Part becomes effective when the North Carolina 7 |
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263 | 265 | | Medical Board adopts the permanent rules required under Section 1.2 of this Part or June 30, 8 |
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264 | 266 | | 2026, whichever occurs first. The North Carolina Medical Board shall notify the Revisor of 9 |
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265 | 267 | | Statutes when the rules required under Section 1.2 of this Part have been adopted. The remainder 10 |
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266 | 268 | | of this Part is effective when it becomes law. 11 |
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267 | 269 | | 12 |
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268 | 270 | | PART II. PHYSICIAN ASSISTANT LICENSURE COMPACT 13 |
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269 | 271 | | SECTION 2.1.(a) Chapter 90 of the General Statutes is amended by adding a new 14 |
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270 | 272 | | Article to read: 15 |
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271 | 273 | | "Article 18J. 16 |
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272 | 274 | | "PA Licensure Compact. 17 |
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273 | 275 | | "§ 90-270.200. Purpose. 18 |
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274 | 276 | | In order to strengthen access to Medical Services, and in recognition of the advances in the 19 |
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275 | 277 | | delivery of Medical Services, the Participating States of the PA Licensure Compact have allied 20 |
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276 | 278 | | in common purpose to develop a comprehensive process that complements the existing authority 21 |
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277 | 279 | | of State Licensing Boards to license and discipline PAs and seeks to enhance the portability of 22 |
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278 | 280 | | License to practice as a PA while safeguarding the safety of patients. This Compact allows 23 |
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279 | 281 | | Medical Services to be provided by PAs, via the mutual recognition of the Licensee's Qualifying 24 |
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280 | 282 | | License by other Compact Participating States. This Compact also adopts the prevailing standard 25 |
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281 | 283 | | for PA licensure and affirms that the practice and delivery of Medical Services by the PA occurs 26 |
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282 | 284 | | where the patient is located at the time of the patient encounter, and therefore requires the PA to 27 |
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283 | 285 | | be under the jurisdiction of the State Licensing Board where the patient is located. State Licensing 28 |
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284 | 286 | | Boards that participate in this Compact retain the jurisdiction to impose Adverse Action against 29 |
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285 | 287 | | a Compact Privilege in that State issued to a PA through the procedures of this Compact. The PA 30 |
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286 | 288 | | Licensure Compact will alleviate burdens for military families by allowing active duty military 31 |
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287 | 289 | | personnel and their spouses to obtain a Compact Privilege based on having an unrestricted 32 |
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288 | 290 | | License in good standing from a Participating State. 33 |
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289 | 291 | | "§ 90-270.201. Definitions. 34 |
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290 | 292 | | The following definitions apply in this Compact: 35 |
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291 | 293 | | (1) Adverse Action. – Any administrative, civil, equitable, or criminal action 36 |
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292 | 294 | | permitted by a State's laws which is imposed by a Licensing Board or other 37 |
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293 | 295 | | authority against a PA License or License application or Compact Privilege 38 |
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294 | 296 | | such as License denial, censure, revocation, suspension, probation, 39 |
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295 | 297 | | monitoring of the Licensee, or restriction on the Licensee's practice. 40 |
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296 | 298 | | (2) Compact Privilege. – The authorization granted by a Remote State to allow a 41 |
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297 | 299 | | Licensee from another Participating State to practice as a PA to provide 42 |
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298 | 300 | | Medical Services and other licensed activity to a patient located in the Remote 43 |
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299 | 301 | | State under the Remote State's laws and regulations. 44 |
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300 | 302 | | (3) Conviction. – A finding by a court that an individual is guilty of a felony or 45 |
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301 | 303 | | misdemeanor offense through adjudication or entry of a plea of guilt or no 46 |
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302 | 304 | | contest to the charge by the offender. 47 |
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303 | 305 | | (4) Criminal Background Check. – The submission of fingerprints or other 48 |
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304 | 306 | | biometric-based information for a License applicant for the purpose of 49 |
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305 | 307 | | obtaining that applicant's criminal history record information, as defined in 28 50 General Assembly Of North Carolina Session 2025 |
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307 | 309 | | C.F.R. § 20.3(d), from the State's criminal history record repository, as 1 |
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308 | 310 | | defined in 28 C.F.R. § 20.3(f). 2 |
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309 | 311 | | (5) Data System. – The repository of information about Licensees, including, but 3 |
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310 | 312 | | not limited to, License status and Adverse Actions, which is created and 4 |
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311 | 313 | | administered under the terms of this Compact. 5 |
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312 | 314 | | (6) Executive Committee. – A group of directors and ex officio individuals 6 |
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313 | 315 | | elected or appointed pursuant to G.S. 90-270.206(f)(2). 7 |
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314 | 316 | | (7) Impaired Practitioner. – A PA whose practice is adversely affected by 8 |
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315 | 317 | | health-related condition(s) that impact their ability to practice. 9 |
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316 | 318 | | (8) Investigative Information. – Information, records, or documents received or 10 |
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317 | 319 | | generated by a Licensing Board pursuant to an investigation. 11 |
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318 | 320 | | (9) Jurisprudence Requirement. – The assessment of an individual's knowledge 12 |
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319 | 321 | | of the laws and Rules governing the practice of a PA in a State. 13 |
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320 | 322 | | (10) License. – Current authorization by a State, other than authorization pursuant 14 |
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321 | 323 | | to a Compact Privilege, for a PA to provide Medical Services, which would 15 |
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322 | 324 | | be unlawful without current authorization. 16 |
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323 | 325 | | (11) Licensee. – An individual who holds a License from a State to provide 17 |
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324 | 326 | | Medical Services as a PA. 18 |
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325 | 327 | | (12) Licensing Board. – Any State entity authorized to license and otherwise 19 |
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326 | 328 | | regulate PAs. 20 |
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327 | 329 | | (13) Medical Services. – Health care services provided for the diagnosis, 21 |
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328 | 330 | | prevention, treatment, cure, or relief of a health condition, injury, or disease, 22 |
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329 | 331 | | as defined by a State's laws and regulations. 23 |
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330 | 332 | | (14) Model Compact. – The model for the PA Licensure Compact on file with The 24 |
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331 | 333 | | Council of State Governments or other entity as designated by the 25 |
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332 | 334 | | Commission. 26 |
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333 | 335 | | (15) Participating State. – A State that has enacted this Compact. 27 |
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334 | 336 | | (16) PA. – An individual who is licensed as a physician assistant in a State. For 28 |
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335 | 337 | | purposes of this Compact, any other title or status adopted by a State to replace 29 |
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336 | 338 | | the term "physician assistant" shall be deemed synonymous with "physician 30 |
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337 | 339 | | assistant" and shall confer the same rights and responsibilities to the Licensee 31 |
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338 | 340 | | under the provisions of this Compact at the time of its enactment. 32 |
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339 | 341 | | (17) PA Licensure Compact Commission, Compact Commission, or Commission. 33 |
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340 | 342 | | – The national administrative body created pursuant to G.S. 90-270.206(f)(2) 34 |
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341 | 343 | | of this Compact. 35 |
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342 | 344 | | (18) Qualifying License. – An unrestricted License issued by a Participating State 36 |
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343 | 345 | | to provide Medical Services as a PA. 37 |
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344 | 346 | | (19) Remote State. – A Participating State where a Licensee who is not licensed as 38 |
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345 | 347 | | a PA is exercising or seeking to exercise the Compact Privilege. 39 |
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346 | 348 | | (20) Rule. – A regulation promulgated by an entity that has the force and effect of 40 |
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347 | 349 | | law. 41 |
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348 | 350 | | (21) Significant Investigative Information. – Investigative Information that a 42 |
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349 | 351 | | Licensing Board, after an inquiry or investigation that includes notification 43 |
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350 | 352 | | and an opportunity for the PA to respond if required by State law, has reason 44 |
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351 | 353 | | to believe is not groundless and, if proven true, would indicate more than a 45 |
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352 | 354 | | minor infraction. 46 |
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353 | 355 | | (22) State. – Any state, commonwealth, district, or territory of the United States. 47 |
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354 | 356 | | "§ 90-270.202. State participation in this Compact. 48 |
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355 | 357 | | (a) To participate in this Compact, a Participating State shall: 49 |
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356 | 358 | | (1) License PAs. 50 |
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357 | 359 | | (2) Participate in the Compact Commission's Data System. 51 General Assembly Of North Carolina Session 2025 |
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359 | 361 | | (3) Have a mechanism in place for receiving and investigating complaints against 1 |
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360 | 362 | | Licensees and License applicants. 2 |
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361 | 363 | | (4) Notify the Commission, in compliance with the terms of this Compact and 3 |
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362 | 364 | | Commission Rules, of any Adverse Action against a Licensee or License 4 |
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363 | 365 | | applicant and the existence of Significant Investigative Information regarding 5 |
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364 | 366 | | a Licensee or License applicant. 6 |
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365 | 367 | | (5) Fully implement a Criminal Background Check requirement, within a time 7 |
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366 | 368 | | frame established by Commission Rule, by its Licensing Board receiving the 8 |
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367 | 369 | | results of a Criminal Background Check and reporting to the Commission 9 |
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368 | 370 | | whether the License applicant has been granted a License. 10 |
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369 | 371 | | (6) Comply with the Rules of the Compact Commission. 11 |
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370 | 372 | | (7) Utilize passage of a recognized national exam such as the NCCPA PANCE as 12 |
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371 | 373 | | a requirement for PA licensure. 13 |
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372 | 374 | | (8) Grant the Compact Privilege to a holder of a Qualifying License in a 14 |
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373 | 375 | | Participating State. 15 |
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374 | 376 | | (b) Nothing in this Compact prohibits a Participating State from charging a fee for 16 |
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375 | 377 | | granting the Compact Privilege. 17 |
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376 | 378 | | "§ 90-270.203. Compact Privilege. 18 |
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377 | 379 | | (a) To exercise the Compact Privilege, a Licensee must: 19 |
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378 | 380 | | (1) Have graduated from a PA program accredited by the Accreditation Review 20 |
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379 | 381 | | Commission on Education for the Physician Assistant, Inc., or other programs 21 |
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380 | 382 | | authorized by Commission Rule. 22 |
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381 | 383 | | (2) Hold current NCCPA certification. 23 |
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382 | 384 | | (3) Have no felony or misdemeanor conviction. 24 |
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383 | 385 | | (4) Have never had a controlled substance license, permit, or registration 25 |
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384 | 386 | | suspended or revoked by a State or by the United States Drug Enforcement 26 |
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385 | 387 | | Administration. 27 |
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386 | 388 | | (5) Have a unique identifier as determined by Commission Rule. 28 |
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387 | 389 | | (6) Hold a Qualifying License. 29 |
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388 | 390 | | (7) Have had no revocation of a License or limitation or restriction on any License 30 |
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389 | 391 | | currently held due to an Adverse Action. 31 |
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390 | 392 | | (8) If a Licensee has had a limitation or restriction on a License or Compact 32 |
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391 | 393 | | Privilege due to an Adverse Action, two years must have elapsed from the 33 |
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392 | 394 | | date on which the License or Compact Privilege is no longer limited or 34 |
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393 | 395 | | restricted due to the Adverse Action. 35 |
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394 | 396 | | (9) If a Compact Privilege has been revoked or is limited or restricted in a 36 |
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395 | 397 | | Participating State for conduct that would not be a basis for disciplinary action 37 |
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396 | 398 | | in a Participating State in which the Licensee is practicing or applying to 38 |
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397 | 399 | | practice under a Compact Privilege, that Participating State shall have the 39 |
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398 | 400 | | discretion not to consider such action as an Adverse Action requiring the 40 |
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399 | 401 | | denial or removal of a Compact Privilege in that State. 41 |
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400 | 402 | | (10) Notify the Compact Commission that the Licensee is seeking the Compact 42 |
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401 | 403 | | Privilege in a Remote State. 43 |
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402 | 404 | | (11) Meet any Jurisprudence Requirement of a Remote State in which the Licensee 44 |
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403 | 405 | | is seeking to practice under the Compact Privilege and pay any fees applicable 45 |
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404 | 406 | | to satisfying the Jurisprudence Requirement. 46 |
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405 | 407 | | (12) Report to the Commission any Adverse Action taken by a non-participating 47 |
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406 | 408 | | State within 30 days after the action is taken. 48 |
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407 | 409 | | (b) The Compact Privilege is valid until the expiration or revocation of the Qualifying 49 |
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408 | 410 | | License unless terminated pursuant to an Adverse Action. The Licensee must also comply with 50 |
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409 | 411 | | all of the requirements of subsection (a) of this section to maintain the Compact Privilege in a 51 General Assembly Of North Carolina Session 2025 |
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411 | 413 | | Remote State. If the Participating State takes Adverse Action against a Qualifying License, the 1 |
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412 | 414 | | Licensee shall lose the Compact Privilege in any Remote State in which the Licensee has a 2 |
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413 | 415 | | Compact Privilege until all of the following occur: 3 |
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414 | 416 | | (1) The License is no longer limited or restricted; and 4 |
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415 | 417 | | (2) Two years have elapsed from the date on which the License is no longer 5 |
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416 | 418 | | limited or restricted due to the Adverse Action. 6 |
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417 | 419 | | (c) Once a restricted or limited License satisfies the requirements of subdivisions (b)(1) 7 |
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418 | 420 | | and (2) of this section, the Licensee must meet the requirements of subsection (a) of this section 8 |
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419 | 421 | | to obtain a Compact Privilege in any Remote State. 9 |
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420 | 422 | | (d) For each Remote State in which a PA seeks authority to prescribe controlled 10 |
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421 | 423 | | substances, the PA shall satisfy all requirements imposed by such State in granting or renewing 11 |
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422 | 424 | | such authority. 12 |
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423 | 425 | | "§ 90-270.204. Designation of the State from which Licensee is applying for a Compact 13 |
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424 | 426 | | Privilege. 14 |
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425 | 427 | | Upon a Licensee's application for a Compact Privilege, the Licensee shall identify to the 15 |
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426 | 428 | | Commission the Participating State from which the Licensee is applying, in accordance with 16 |
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427 | 429 | | applicable Rules adopted by the Commission, and subject to the following requirements: 17 |
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428 | 430 | | (1) When applying for a Compact Privilege, the Licensee shall provide the 18 |
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429 | 431 | | Commission with the address of the Licensee's primary residence and 19 |
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430 | 432 | | thereafter shall immediately report to the Commission any change in the 20 |
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431 | 433 | | address of the Licensee's primary residence. 21 |
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432 | 434 | | (2) When applying for a Compact Privilege, the Licensee is required to consent 22 |
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433 | 435 | | to accept service of process by mail at the Licensee's primary residence on file 23 |
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434 | 436 | | with the Commission with respect to any action brought against the Licensee 24 |
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435 | 437 | | by the Commission or a Participating State, including a subpoena, with respect 25 |
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436 | 438 | | to any action brought or investigation conducted by the Commission or a 26 |
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437 | 439 | | Participating State. 27 |
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438 | 440 | | "§ 90-270.205. Adverse Actions. 28 |
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439 | 441 | | (a) A Participating State in which a Licensee is licensed shall have exclusive power to 29 |
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440 | 442 | | impose Adverse Action against the Qualifying License issued by that Participating State. 30 |
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441 | 443 | | (b) In addition to the other powers conferred by State law, a Remote State shall have the 31 |
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442 | 444 | | authority, in accordance with existing State due process law, to do all of the following: 32 |
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443 | 445 | | (1) Take Adverse Action against a PA's Compact Privilege within that State to 33 |
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444 | 446 | | remove a Licensee's Compact Privilege or take other action necessary under 34 |
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445 | 447 | | applicable law to protect the health and safety of its citizens. 35 |
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446 | 448 | | (2) Issue subpoenas for both hearings and investigations that require the 36 |
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447 | 449 | | attendance and testimony of witnesses as well as the production of evidence. 37 |
---|
448 | 450 | | Subpoenas issued by a Licensing Board in a Participating State for the 38 |
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449 | 451 | | attendance and testimony of witnesses or the production of evidence from 39 |
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450 | 452 | | another Participating State shall be enforced in the latter State by any court of 40 |
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451 | 453 | | competent jurisdiction, according to the practice and procedure of that court 41 |
---|
452 | 454 | | applicable to subpoenas issued in proceedings pending before it. The issuing 42 |
---|
453 | 455 | | authority shall pay any witness fees, travel expenses, mileage, and other fees 43 |
---|
454 | 456 | | required by the service statutes of the State in which the witnesses or evidence 44 |
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455 | 457 | | are located. 45 |
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456 | 458 | | (3) Notwithstanding subdivision (2) of this subsection, subpoenas may not be 46 |
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457 | 459 | | issued by a Participating State to gather evidence of conduct in another State 47 |
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458 | 460 | | that is lawful in that other State for the purpose of taking Adverse Action 48 |
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459 | 461 | | against a Licensee's Compact Privilege or application for a Compact Privilege 49 |
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460 | 462 | | in that Participating State. 50 General Assembly Of North Carolina Session 2025 |
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462 | 464 | | (4) Nothing in this Compact authorizes a Participating State to impose discipline 1 |
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463 | 465 | | against a PA's Compact Privilege or to deny an application for a Compact 2 |
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464 | 466 | | Privilege in that Participating State for the individual's otherwise lawful 3 |
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465 | 467 | | practice in another State. 4 |
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466 | 468 | | (c) For purposes of taking Adverse Action, the Participating State which issued the 5 |
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467 | 469 | | Qualifying License shall give the same priority and effect to reported conduct received from any 6 |
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468 | 470 | | other Participating State as it would if the conduct had occurred within the Participating State 7 |
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469 | 471 | | which issued the Qualifying License. In so doing, that Participating State shall apply its own 8 |
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470 | 472 | | State laws to determine appropriate action. 9 |
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471 | 473 | | (d) A Participating State, if otherwise permitted by State law, may recover from the 10 |
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472 | 474 | | affected PA the costs of investigations and disposition of cases resulting from any Adverse 11 |
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473 | 475 | | Action taken against that PA. 12 |
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474 | 476 | | (e) A Participating State may take Adverse Action based on the factual findings of a 13 |
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475 | 477 | | Remote State, provided that the Participating State follows its own procedures for taking the 14 |
---|
476 | 478 | | Adverse Action. 15 |
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477 | 479 | | (f) Joint Investigations. – 16 |
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478 | 480 | | (1) In addition to the authority granted to a Participating State by its respective 17 |
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479 | 481 | | State PA laws and regulations or other applicable State law, any Participating 18 |
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480 | 482 | | State may participate with other Participating States in joint investigations of 19 |
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481 | 483 | | Licensees. 20 |
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482 | 484 | | (2) Participating States shall share any investigative, litigation, or compliance 21 |
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483 | 485 | | materials in furtherance of any joint or individual investigation initiated under 22 |
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484 | 486 | | this Compact. 23 |
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485 | 487 | | (g) If an Adverse Action is taken against a PA's Qualifying License, the PA's Compact 24 |
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486 | 488 | | Privilege in all Remote States shall be deactivated until two years have elapsed after all 25 |
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487 | 489 | | restrictions have been removed from the State License. All disciplinary orders by the 26 |
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488 | 490 | | Participating State which issued the Qualifying License that impose Adverse Action against a 27 |
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489 | 491 | | PA's License shall include a Statement that the PA's Compact Privilege is deactivated in all 28 |
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490 | 492 | | Participating States during the pendency of the order. 29 |
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491 | 493 | | (h) If any Participating State takes Adverse Action, it promptly shall notify the 30 |
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492 | 494 | | administrator of the Data System. 31 |
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493 | 495 | | "§ 90-270.206. Establishment of the PA Licensure Compact Commission. 32 |
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494 | 496 | | (a) The Participating States hereby create and establish a joint government agency and 33 |
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495 | 497 | | national administrative body known as the PA Licensure Compact Commission. The 34 |
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496 | 498 | | Commission is an instrumentality of the Compact States acting jointly and not an instrumentality 35 |
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497 | 499 | | of any one State. The Commission shall come into existence on or after the effective date of the 36 |
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498 | 500 | | Compact as set forth in G.S. 90-270.210(a). 37 |
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499 | 501 | | (b) Membership, Voting, and Meetings: 38 |
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500 | 502 | | (1) Each Participating State shall have and be limited to one delegate selected by 39 |
---|
501 | 503 | | that Participating State's Licensing Board or, if the State has more than one 40 |
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502 | 504 | | Licensing Board, selected collectively by the Participating State's Licensing 41 |
---|
503 | 505 | | Boards. 42 |
---|
504 | 506 | | (2) The delegate shall be either: 43 |
---|
505 | 507 | | a. A current PA, physician, or public member of a Licensing Board or 44 |
---|
506 | 508 | | PA Council/Committee; or 45 |
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507 | 509 | | b. An administrator of a Licensing Board. 46 |
---|
508 | 510 | | (3) Any delegate may be removed or suspended from office as provided by the 47 |
---|
509 | 511 | | laws of the State from which the delegate is appointed. 48 |
---|
510 | 512 | | (4) The Participating State Licensing Board shall fill any vacancy occurring in the 49 |
---|
511 | 513 | | Commission within 60 days. 50 General Assembly Of North Carolina Session 2025 |
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513 | 515 | | (5) Each delegate shall be entitled to one vote on all matters voted on by the 1 |
---|
514 | 516 | | Commission and shall otherwise have an opportunity to participate in the 2 |
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515 | 517 | | business and affairs of the Commission. A delegate shall vote in person or by 3 |
---|
516 | 518 | | such other means as provided in the bylaws. The bylaws may provide for 4 |
---|
517 | 519 | | delegates' participation in meetings by telecommunications, video conference, 5 |
---|
518 | 520 | | or other means of communication. 6 |
---|
519 | 521 | | (6) The Commission shall meet at least once during each calendar year. 7 |
---|
520 | 522 | | Additional meetings shall be held as set forth in this Compact and the bylaws. 8 |
---|
521 | 523 | | (7) The Commission shall establish by Rule a term of office for delegates. 9 |
---|
522 | 524 | | (c) The Commission shall have the following powers and duties: 10 |
---|
523 | 525 | | (1) Establish a code of ethics for the Commission; 11 |
---|
524 | 526 | | (2) Establish the fiscal year of the Commission; 12 |
---|
525 | 527 | | (3) Establish fees; 13 |
---|
526 | 528 | | (4) Establish bylaws; 14 |
---|
527 | 529 | | (5) Maintain its financial records in accordance with the bylaws; 15 |
---|
528 | 530 | | (6) Meet and take such actions as are consistent with the provisions of this 16 |
---|
529 | 531 | | Compact and the bylaws; 17 |
---|
530 | 532 | | (7) Promulgate Rules to facilitate and coordinate implementation and 18 |
---|
531 | 533 | | administration of this Compact. The Rules shall have the force and effect of 19 |
---|
532 | 534 | | law and shall be binding in all Participating States; 20 |
---|
533 | 535 | | (8) Bring and prosecute legal proceedings or actions in the name of the 21 |
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534 | 536 | | Commission, provided that the standing of any State Licensing Board to sue 22 |
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535 | 537 | | or be sued under applicable law shall not be affected; 23 |
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536 | 538 | | (9) Purchase and maintain insurance and bonds; 24 |
---|
537 | 539 | | (10) Borrow, accept, or contract for services of personnel, including, but not 25 |
---|
538 | 540 | | limited to, employees of a Participating State; 26 |
---|
539 | 541 | | (11) Hire employees and engage contractors, elect or appoint officers, fix 27 |
---|
540 | 542 | | compensation, define duties, grant such individuals appropriate authority to 28 |
---|
541 | 543 | | carry out the purposes of this Compact, and establish the Commission's 29 |
---|
542 | 544 | | personnel policies and programs relating to conflicts of interest, qualifications 30 |
---|
543 | 545 | | of personnel, and other related personnel matters; 31 |
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544 | 546 | | (12) Accept any and all appropriate donations and grants of money, equipment, 32 |
---|
545 | 547 | | supplies, materials, and services and receive, utilize, and dispose of the same; 33 |
---|
546 | 548 | | provided that at all times the Commission shall avoid any appearance of 34 |
---|
547 | 549 | | impropriety or conflict of interest; 35 |
---|
548 | 550 | | (13) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, 36 |
---|
549 | 551 | | hold, improve, or use any property, real, personal, or mixed; provided that at 37 |
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550 | 552 | | all times the Commission shall avoid any appearance of impropriety; 38 |
---|
551 | 553 | | (14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 39 |
---|
552 | 554 | | dispose of any property real, personal, or mixed; 40 |
---|
553 | 555 | | (15) Establish a budget and make expenditures; 41 |
---|
554 | 556 | | (16) Borrow money; 42 |
---|
555 | 557 | | (17) Appoint committees, including standing committees composed of members, 43 |
---|
556 | 558 | | State regulators, State legislators or their representatives, and consumer 44 |
---|
557 | 559 | | representatives, and such other interested persons as may be designated in this 45 |
---|
558 | 560 | | Compact and the bylaws; 46 |
---|
559 | 561 | | (18) Provide and receive information from, and cooperate with, law enforcement 47 |
---|
560 | 562 | | agencies; 48 |
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561 | 563 | | (19) Elect a Chair, Vice-Chair, Secretary, and Treasurer and such other officers of 49 |
---|
562 | 564 | | the Commission as provided in the Commission's bylaws; 50 General Assembly Of North Carolina Session 2025 |
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564 | 566 | | (20) Reserve for itself, in addition to those reserved exclusively to the Commission 1 |
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565 | 567 | | under the Compact, powers that the Executive Committee may not exercise; 2 |
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566 | 568 | | (21) Approve or disapprove a State's participation in the Compact based upon its 3 |
---|
567 | 569 | | determination as to whether the State's Compact legislation departs in a 4 |
---|
568 | 570 | | material manner from the Model Compact language; 5 |
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569 | 571 | | (22) Prepare and provide to the Participating States an annual report; and 6 |
---|
570 | 572 | | (23) Perform such other functions as may be necessary or appropriate to achieve 7 |
---|
571 | 573 | | the purposes of this Compact consistent with the State regulation of PA 8 |
---|
572 | 574 | | licensure and practice. 9 |
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573 | 575 | | (d) Meetings of the Commission: 10 |
---|
574 | 576 | | (1) All meetings of the Commission that are not closed pursuant to this subsection 11 |
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575 | 577 | | shall be open to the public. Notice of public meetings shall be posted on the 12 |
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576 | 578 | | Commission's website at least 30 days prior to the public meeting. 13 |
---|
577 | 579 | | (2) Notwithstanding subdivision (1) of this subsection, the Commission may 14 |
---|
578 | 580 | | convene a public meeting by providing at least 24 hours' prior notice on the 15 |
---|
579 | 581 | | Commission's website, and any other means as provided in the Commission's 16 |
---|
580 | 582 | | Rules, for any of the reasons it may dispense with notice of proposed 17 |
---|
581 | 583 | | rulemaking under G.S. 90-270.208(l). 18 |
---|
582 | 584 | | (3) The Commission may convene in a closed, nonpublic meeting or nonpublic 19 |
---|
583 | 585 | | part of a public meeting to receive legal advice or to discuss: 20 |
---|
584 | 586 | | a. Noncompliance of a Participating State with its obligations under this 21 |
---|
585 | 587 | | Compact; 22 |
---|
586 | 588 | | b. The employment, compensation, discipline or other matters, practices 23 |
---|
587 | 589 | | or procedures related to specific employees or other matters related to 24 |
---|
588 | 590 | | the Commission's internal personnel practices and procedures; 25 |
---|
589 | 591 | | c. Current, threatened, or reasonably anticipated litigation; 26 |
---|
590 | 592 | | d. Negotiation of contracts for the purchase, lease, or sale of goods, 27 |
---|
591 | 593 | | services, or real estate; 28 |
---|
592 | 594 | | e. Accusing any person of a crime or formally censuring any person; 29 |
---|
593 | 595 | | f. Disclosure of trade secrets or commercial or financial information that 30 |
---|
594 | 596 | | is privileged or confidential; 31 |
---|
595 | 597 | | g. Disclosure of information of a personal nature where disclosure would 32 |
---|
596 | 598 | | constitute a clearly unwarranted invasion of personal privacy; 33 |
---|
597 | 599 | | h. Disclosure of investigative records compiled for law enforcement 34 |
---|
598 | 600 | | purposes; 35 |
---|
599 | 601 | | i. Disclosure of information related to any investigative reports prepared 36 |
---|
600 | 602 | | by or on behalf of or for use of the Commission or other committee 37 |
---|
601 | 603 | | charged with responsibility of investigation or determination of 38 |
---|
602 | 604 | | compliance issues pursuant to this Compact; 39 |
---|
603 | 605 | | j. Legal advice; or 40 |
---|
604 | 606 | | k. Matters specifically exempted from disclosure by federal or 41 |
---|
605 | 607 | | Participating States' statutes. 42 |
---|
606 | 608 | | (4) If a meeting, or portion of a meeting, is closed pursuant to this provision, the 43 |
---|
607 | 609 | | chair of the meeting or the chair's designee shall certify that the meeting or 44 |
---|
608 | 610 | | portion of the meeting may be closed and shall reference each relevant 45 |
---|
609 | 611 | | exempting provision. 46 |
---|
610 | 612 | | (5) The Commission shall keep minutes that fully and clearly describe all matters 47 |
---|
611 | 613 | | discussed in a meeting and shall provide a full and accurate summary of 48 |
---|
612 | 614 | | actions taken, including a description of the views expressed. All documents 49 |
---|
613 | 615 | | considered in connection with an action shall be identified in such minutes. 50 |
---|
614 | 616 | | All minutes and documents of a closed meeting shall remain under seal, 51 General Assembly Of North Carolina Session 2025 |
---|
616 | 618 | | subject to release by a majority vote of the Commission or order of a court of 1 |
---|
617 | 619 | | competent jurisdiction. 2 |
---|
618 | 620 | | (e) Financing of the Commission: 3 |
---|
619 | 621 | | (1) The Commission shall pay, or provide for the payment of, the reasonable 4 |
---|
620 | 622 | | expenses of its establishment, organization, and ongoing activities. 5 |
---|
621 | 623 | | (2) The Commission may accept any and all appropriate revenue sources, 6 |
---|
622 | 624 | | donations, and grants of money, equipment, supplies, materials, and services. 7 |
---|
623 | 625 | | (3) The Commission may levy on and collect an annual assessment from each 8 |
---|
624 | 626 | | Participating State and may impose Compact Privilege fees on Licensees of 9 |
---|
625 | 627 | | Participating States to whom a Compact Privilege is granted to cover the cost 10 |
---|
626 | 628 | | of the operations and activities of the Commission and its staff, which must 11 |
---|
627 | 629 | | be in a total amount sufficient to cover its annual budget as approved by the 12 |
---|
628 | 630 | | Commission each year for which revenue is not provided by other sources. 13 |
---|
629 | 631 | | The aggregate annual assessment amount levied on Participating States shall 14 |
---|
630 | 632 | | be allocated based upon a formula to be determined by Commission Rule. 15 |
---|
631 | 633 | | a. A Compact Privilege expires when the Licensee's Qualifying License 16 |
---|
632 | 634 | | in the Participating State from which the Licensee applied for the 17 |
---|
633 | 635 | | Compact Privilege expires. 18 |
---|
634 | 636 | | b. If the Licensee terminates the Qualifying License through which the 19 |
---|
635 | 637 | | Licensee applied for the Compact Privilege before its scheduled 20 |
---|
636 | 638 | | expiration, and the Licensee has a Qualifying License in another 21 |
---|
637 | 639 | | Participating State, the Licensee shall inform the Commission that it 22 |
---|
638 | 640 | | is changing to that Participating State the Participating State through 23 |
---|
639 | 641 | | which it applies for a Compact Privilege and pay to the Commission 24 |
---|
640 | 642 | | any Compact Privilege fee required by Commission Rule. 25 |
---|
641 | 643 | | (4) The Commission shall not incur obligations of any kind prior to securing the 26 |
---|
642 | 644 | | funds adequate to meet the same nor shall the Commission pledge the credit 27 |
---|
643 | 645 | | of any of the Participating States, except by and with the authority of the 28 |
---|
644 | 646 | | Participating State. 29 |
---|
645 | 647 | | (5) The Commission shall keep accurate accounts of all receipts and 30 |
---|
646 | 648 | | disbursements. The receipts and disbursements of the Commission shall be 31 |
---|
647 | 649 | | subject to the financial review and accounting procedures established under 32 |
---|
648 | 650 | | its bylaws. All receipts and disbursements of funds handled by the 33 |
---|
649 | 651 | | Commission shall be subject to an annual financial review by a certified or 34 |
---|
650 | 652 | | licensed public accountant, and the report of the financial review shall be 35 |
---|
651 | 653 | | included in and become part of the annual report of the Commission. 36 |
---|
652 | 654 | | (f) The Executive Committee: 37 |
---|
653 | 655 | | (1) The Executive Committee shall have the power to act on behalf of the 38 |
---|
654 | 656 | | Commission according to the terms of this Compact and Commission Rules. 39 |
---|
655 | 657 | | (2) The Executive Committee shall be composed of nine members: 40 |
---|
656 | 658 | | a. Seven voting members who are elected by the Commission from the 41 |
---|
657 | 659 | | current membership of the Commission; 42 |
---|
658 | 660 | | b. One ex officio, nonvoting member from a recognized national PA 43 |
---|
659 | 661 | | professional association; and 44 |
---|
660 | 662 | | c. One ex officio, nonvoting member from a recognized national PA 45 |
---|
661 | 663 | | certification organization. 46 |
---|
662 | 664 | | (3) The ex officio members will be selected by their respective organizations. 47 |
---|
663 | 665 | | (4) The Commission may remove any member of the Executive Committee as 48 |
---|
664 | 666 | | provided in its bylaws. 49 |
---|
665 | 667 | | (5) The Executive Committee shall meet at least annually. 50 |
---|
666 | 668 | | (6) The Executive Committee shall have the following duties and responsibilities: 51 General Assembly Of North Carolina Session 2025 |
---|
668 | 670 | | a. Recommend to the Commission changes to the Commission's Rules 1 |
---|
669 | 671 | | or bylaws, changes to this Compact legislation, fees to be paid by 2 |
---|
670 | 672 | | Compact Participating States such as annual dues, and any 3 |
---|
671 | 673 | | Commission Compact fee charged to Licensees for the Compact 4 |
---|
672 | 674 | | Privilege; 5 |
---|
673 | 675 | | b. Ensure Compact administration services are appropriately provided, 6 |
---|
674 | 676 | | contractual or otherwise; 7 |
---|
675 | 677 | | c. Prepare and recommend the budget; 8 |
---|
676 | 678 | | d. Maintain financial records on behalf of the Commission; 9 |
---|
677 | 679 | | e. Monitor Compact compliance of Participating States and provide 10 |
---|
678 | 680 | | compliance reports to the Commission; 11 |
---|
679 | 681 | | f. Establish additional committees as necessary; 12 |
---|
680 | 682 | | g. Exercise the powers and duties of the Commission during the interim 13 |
---|
681 | 683 | | between Commission meetings, except for issuing proposed 14 |
---|
682 | 684 | | rulemaking or adopting Commission Rules or bylaws, or exercising 15 |
---|
683 | 685 | | any other powers and duties exclusively reserved to the Commission 16 |
---|
684 | 686 | | by the Commission's Rules; and 17 |
---|
685 | 687 | | h. Perform other duties as provided in the Commission's Rules or bylaws. 18 |
---|
686 | 688 | | (7) All meetings of the Executive Committee at which it votes or plans to vote on 19 |
---|
687 | 689 | | matters in exercising the powers and duties of the Commission shall be open 20 |
---|
688 | 690 | | to the public and public notice of such meetings shall be given as public 21 |
---|
689 | 691 | | meetings of the Commission are given. 22 |
---|
690 | 692 | | (8) The Executive Committee may convene in a closed, nonpublic meeting for 23 |
---|
691 | 693 | | the same reasons that the Commission may convene in a nonpublic meeting 24 |
---|
692 | 694 | | as set forth in G.S. 90-270.206(d)(3) and shall announce the closed meeting 25 |
---|
693 | 695 | | as the Commission is required to under G.S. 90-270.206(d)(3) and keep 26 |
---|
694 | 696 | | minutes of the closed meeting as the Commission is required to under 27 |
---|
695 | 697 | | G.S. 90-270.206(d)(3). 28 |
---|
696 | 698 | | (g) Qualified Immunity, Defense, and Indemnification: 29 |
---|
697 | 699 | | (1) The members, officers, executive director, employees, and representatives of 30 |
---|
698 | 700 | | the Commission shall be immune from suit and liability, both personally and 31 |
---|
699 | 701 | | in their official capacity, for any claim for damage to or loss of property or 32 |
---|
700 | 702 | | personal injury or other civil liability caused by or arising out of any actual or 33 |
---|
701 | 703 | | alleged act, error, or omission that occurred, or that the person against whom 34 |
---|
702 | 704 | | the claim is made had a reasonable basis for believing occurred within the 35 |
---|
703 | 705 | | scope of Commission employment, duties, or responsibilities; provided that 36 |
---|
704 | 706 | | nothing in this paragraph shall be construed to protect any such person from 37 |
---|
705 | 707 | | suit or liability for any damage, loss, injury, or liability caused by the 38 |
---|
706 | 708 | | intentional or willful or wanton misconduct of that person. The procurement 39 |
---|
707 | 709 | | of insurance of any type by the Commission shall not in any way compromise 40 |
---|
708 | 710 | | or limit the immunity granted hereunder. 41 |
---|
709 | 711 | | (2) The Commission shall defend any member, officer, executive director, 42 |
---|
710 | 712 | | employee, and representative of the Commission in any civil action seeking 43 |
---|
711 | 713 | | to impose liability arising out of any actual or alleged act, error, or omission 44 |
---|
712 | 714 | | that occurred within the scope of Commission employment, duties, or 45 |
---|
713 | 715 | | responsibilities, or as determined by the Commission that the person against 46 |
---|
714 | 716 | | whom the claim is made had a reasonable basis for believing occurred within 47 |
---|
715 | 717 | | the scope of Commission employment, duties, or responsibilities; provided 48 |
---|
716 | 718 | | that nothing herein shall be construed to prohibit that person from retaining 49 |
---|
717 | 719 | | their own counsel at their own expense; and provided further, that the actual 50 General Assembly Of North Carolina Session 2025 |
---|
719 | 721 | | or alleged act, error, or omission did not result from that person's intentional 1 |
---|
720 | 722 | | or willful or wanton misconduct. 2 |
---|
721 | 723 | | (3) The Commission shall indemnify and hold harmless any member, officer, 3 |
---|
722 | 724 | | executive director, employee, and representative of the Commission for the 4 |
---|
723 | 725 | | amount of any settlement or judgment obtained against that person arising out 5 |
---|
724 | 726 | | of any actual or alleged act, error, or omission that occurred within the scope 6 |
---|
725 | 727 | | of Commission employment, duties, or responsibilities, or that such person 7 |
---|
726 | 728 | | had a reasonable basis for believing occurred within the scope of Commission 8 |
---|
727 | 729 | | employment, duties, or responsibilities, provided that the actual or alleged act, 9 |
---|
728 | 730 | | error, or omission did not result from the intentional or willful or wanton 10 |
---|
729 | 731 | | misconduct of that person. 11 |
---|
730 | 732 | | (4) Venue is proper and judicial proceedings by or against the Commission shall 12 |
---|
731 | 733 | | be brought solely and exclusively in a court of competent jurisdiction where 13 |
---|
732 | 734 | | the principal office of the Commission is located. The Commission may waive 14 |
---|
733 | 735 | | venue and jurisdictional defenses in any proceedings as authorized by 15 |
---|
734 | 736 | | Commission Rules. 16 |
---|
735 | 737 | | (5) Nothing herein shall be construed as a limitation on the liability of any 17 |
---|
736 | 738 | | Licensee for professional malpractice or misconduct, which shall be governed 18 |
---|
737 | 739 | | solely by any other applicable State laws. 19 |
---|
738 | 740 | | (6) Nothing herein shall be construed to designate the venue or jurisdiction to 20 |
---|
739 | 741 | | bring actions for alleged acts of malpractice, professional misconduct, 21 |
---|
740 | 742 | | negligence, or other such civil action pertaining to the practice of a PA. All 22 |
---|
741 | 743 | | such matters shall be determined exclusively by State law other than this 23 |
---|
742 | 744 | | Compact. 24 |
---|
743 | 745 | | (7) Nothing in this Compact shall be interpreted to waive or otherwise abrogate a 25 |
---|
744 | 746 | | Participating State's state action immunity or state action affirmative defense 26 |
---|
745 | 747 | | with respect to antitrust claims under the Sherman Act, Clayton Act, or any 27 |
---|
746 | 748 | | other State or federal antitrust or anticompetitive law or regulation. 28 |
---|
747 | 749 | | (8) Nothing in this Compact shall be construed to be a waiver of sovereign 29 |
---|
748 | 750 | | immunity by the Participating States or by the Commission. 30 |
---|
749 | 751 | | "§ 90-270.207. Data System. 31 |
---|
750 | 752 | | (a) The Commission shall provide for the development, maintenance, operation, and 32 |
---|
751 | 753 | | utilization of a coordinated data and reporting system containing licensure, Adverse Action, and 33 |
---|
752 | 754 | | the reporting of the existence of Significant Investigative Information on all licensed PAs and 34 |
---|
753 | 755 | | applicants denied a License in Participating States. 35 |
---|
754 | 756 | | (b) Notwithstanding any other State law to the contrary, a Participating State shall submit 36 |
---|
755 | 757 | | a uniform data set to the Data System on all PAs to whom this Compact is applicable (utilizing 37 |
---|
756 | 758 | | a unique identifier) as required by the Rules of the Commission, including: 38 |
---|
757 | 759 | | (1) Identifying information; 39 |
---|
758 | 760 | | (2) Licensure data; 40 |
---|
759 | 761 | | (3) Adverse Actions against a License or Compact Privilege; 41 |
---|
760 | 762 | | (4) Any denial of application for licensure, and the reason(s) for such denial 42 |
---|
761 | 763 | | (excluding the reporting of any criminal history record information where 43 |
---|
762 | 764 | | prohibited by law); 44 |
---|
763 | 765 | | (5) The existence of Significant Investigative Information; and 45 |
---|
764 | 766 | | (6) Other information that may facilitate the administration of this Compact, as 46 |
---|
765 | 767 | | determined by the Rules of the Commission. 47 |
---|
766 | 768 | | (c) Significant Investigative Information pertaining to a Licensee in any Participating 48 |
---|
767 | 769 | | State shall only be available to other Participating States. 49 General Assembly Of North Carolina Session 2025 |
---|
769 | 771 | | (d) The Commission shall promptly notify all Participating States of any Adverse Action 1 |
---|
770 | 772 | | taken against a Licensee or an individual applying for a License that has been reported to it. This 2 |
---|
771 | 773 | | Adverse Action information shall be available to any other Participating State. 3 |
---|
772 | 774 | | (e) Participating States contributing information to the Data System may, in accordance 4 |
---|
773 | 775 | | with State or federal law, designate information that may not be shared with the public without 5 |
---|
774 | 776 | | the express permission of the contributing State. Notwithstanding any such designation, such 6 |
---|
775 | 777 | | information shall be reported to the Commission through the Data System. 7 |
---|
776 | 778 | | (f) Any information submitted to the Data System that is subsequently expunged 8 |
---|
777 | 779 | | pursuant to federal law or the laws of the Participating State contributing the information shall 9 |
---|
778 | 780 | | be removed from the Data System upon reporting of such by the Participating State to the 10 |
---|
779 | 781 | | Commission. 11 |
---|
780 | 782 | | (g) The records and information provided to a Participating State pursuant to this 12 |
---|
781 | 783 | | Compact or through the Data System, when certified by the Commission or an agent thereof, 13 |
---|
782 | 784 | | shall constitute the authenticated business records of the Commission and shall be entitled to any 14 |
---|
783 | 785 | | associated hearsay exception in any relevant judicial, quasi-judicial, or administrative 15 |
---|
784 | 786 | | proceedings in a Participating State. 16 |
---|
785 | 787 | | "§ 90-270.208. Rulemaking. 17 |
---|
786 | 788 | | (a) The Commission shall exercise its Rulemaking powers pursuant to the criteria set 18 |
---|
787 | 789 | | forth in this section and the Rules adopted thereunder. Commission Rules shall become binding 19 |
---|
788 | 790 | | as of the date specified by the Commission for each Rule. 20 |
---|
789 | 791 | | (b) The Commission shall promulgate reasonable Rules in order to effectively and 21 |
---|
790 | 792 | | efficiently implement and administer this Compact and achieve its purposes. A Commission Rule 22 |
---|
791 | 793 | | shall be invalid and have not force or effect only if a court of competent jurisdiction holds that 23 |
---|
792 | 794 | | the Rule is invalid because the Commission exercised its rulemaking authority in a manner that 24 |
---|
793 | 795 | | is beyond the scope of the purposes of this Compact, or the powers granted hereunder, or based 25 |
---|
794 | 796 | | upon another applicable standard of review. 26 |
---|
795 | 797 | | (c) The Rules of the Commission shall have the force of law in each Participating State, 27 |
---|
796 | 798 | | provided, however, that where the Rules of the Commission conflict with the laws of the 28 |
---|
797 | 799 | | Participating State that establish the Medical Services a PA may perform in the Participating 29 |
---|
798 | 800 | | State, as held by a court of competent jurisdiction, the Rules of the Commission shall be 30 |
---|
799 | 801 | | ineffective in that State to the extent of the conflict. The Rules of the Commission shall not 31 |
---|
800 | 802 | | modify or expand, in any way, the scope of practice of a PA as established by the laws of the 32 |
---|
801 | 803 | | Participating State. 33 |
---|
802 | 804 | | (d) If a majority of the legislatures of the Participating States rejects a Commission Rule, 34 |
---|
803 | 805 | | by enactment of a statute or resolution in the same manner used to adopt this Compact within 35 |
---|
804 | 806 | | four years of the date of adoption of the Rule, then such Rule shall have no further force and 36 |
---|
805 | 807 | | effect in any Participating State or to any State applying to participate in the Compact. 37 |
---|
806 | 808 | | (e) Commission Rules shall be adopted at a regular or special meeting of the 38 |
---|
807 | 809 | | Commission. 39 |
---|
808 | 810 | | (f) Prior to promulgation and adoption of a final Rule or Rules by the Commission, and 40 |
---|
809 | 811 | | at least 30 days in advance of the meeting at which the Rule will be considered and voted upon, 41 |
---|
810 | 812 | | the Commission shall file a Notice of Proposed Rulemaking: 42 |
---|
811 | 813 | | (1) On the website of the Commission or other publicly accessible platform; 43 |
---|
812 | 814 | | (2) To persons who have requested notice of the Commission's notices of 44 |
---|
813 | 815 | | proposed rulemaking; and 45 |
---|
814 | 816 | | (3) In such other way(s) as the Commission may by Rule specify. 46 |
---|
815 | 817 | | (g) The Notice of Proposed Rulemaking shall include: 47 |
---|
816 | 818 | | (1) The time, date, and location of the public hearing on the proposed Rule and 48 |
---|
817 | 819 | | the proposed time, date, and location of the meeting in which the proposed 49 |
---|
818 | 820 | | Rule will be considered and voted upon; 50 |
---|
819 | 821 | | (2) The text of the proposed Rule and the reason for the proposed Rule; 51 General Assembly Of North Carolina Session 2025 |
---|
821 | 823 | | (3) A request for comments on the proposed Rule from any interested person and 1 |
---|
822 | 824 | | the date by which written comments must be received; and 2 |
---|
823 | 825 | | (4) The manner in which interested persons may submit notice to the Commission 3 |
---|
824 | 826 | | of their intention to attend the public hearing or provide any written 4 |
---|
825 | 827 | | comments. 5 |
---|
826 | 828 | | (h) Prior to adoption of a proposed Rule, the Commission shall allow persons to submit 6 |
---|
827 | 829 | | written data, facts, opinions, and arguments, which shall be made available to the public. 7 |
---|
828 | 830 | | (i) If the hearing is to be held via electronic means, the Commission shall publish the 8 |
---|
829 | 831 | | mechanism for access to the electronic hearing. 9 |
---|
830 | 832 | | (1) All persons wishing to be heard at the hearing shall as directed in the Notice 10 |
---|
831 | 833 | | of Proposed Rulemaking, not less than five business days before the scheduled 11 |
---|
832 | 834 | | date of the hearing, notify the Commission of their desire to appear and testify 12 |
---|
833 | 835 | | at the hearing. 13 |
---|
834 | 836 | | (2) Hearings shall be conducted in a manner providing each person who wishes 14 |
---|
835 | 837 | | to comment a fair and reasonable opportunity to comment orally or in writing. 15 |
---|
836 | 838 | | (3) All hearings shall be recorded. A copy of the recording and the written 16 |
---|
837 | 839 | | comments, data, facts, opinions, and arguments received in response to the 17 |
---|
838 | 840 | | proposed rulemaking shall be made available to a person upon request. 18 |
---|
839 | 841 | | (4) Nothing in this section shall be construed as requiring a separate hearing on 19 |
---|
840 | 842 | | each proposed Rule. Proposed Rules may be grouped for the convenience of 20 |
---|
841 | 843 | | the Commission at hearings required by this section. 21 |
---|
842 | 844 | | (j) Following the public hearing, the Commission shall consider all written and oral 22 |
---|
843 | 845 | | comments timely received. 23 |
---|
844 | 846 | | (k) The Commission shall, by majority vote of all delegates, take final action on the 24 |
---|
845 | 847 | | proposed Rule and shall determine the effective date of the Rule, if adopted, based on the 25 |
---|
846 | 848 | | Rulemaking record and the full text of the Rule. 26 |
---|
847 | 849 | | (1) If adopted, the Rule shall be posted on the Commission's website. 27 |
---|
848 | 850 | | (2) The Commission may adopt changes to the proposed Rule provided the 28 |
---|
849 | 851 | | changes do not enlarge the original purpose of the proposed Rule. 29 |
---|
850 | 852 | | (3) The Commission shall provide on its website an explanation of the reasons for 30 |
---|
851 | 853 | | substantive changes made to the proposed Rule as well as reasons for 31 |
---|
852 | 854 | | substantive changes not made that were recommended by commenters. 32 |
---|
853 | 855 | | (4) The Commission shall determine a reasonable effective date for the Rule. 33 |
---|
854 | 856 | | Except for an emergency as provided in subsection (l) of this section, the 34 |
---|
855 | 857 | | effective date of the Rule shall be no sooner than 30 days after the Commission 35 |
---|
856 | 858 | | issued the notice that it adopted the Rule. 36 |
---|
857 | 859 | | (l) Upon determination that an emergency exists, the Commission may consider and 37 |
---|
858 | 860 | | adopt an emergency Rule with 24 hours' prior notice, without the opportunity for comment, or 38 |
---|
859 | 861 | | hearing, provided that the usual Rulemaking procedures provided in this Compact and in this 39 |
---|
860 | 862 | | section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later 40 |
---|
861 | 863 | | than 90 days after the effective date of the Rule. For the purposes of this provision, an emergency 41 |
---|
862 | 864 | | Rule is one that must be adopted immediately by the Commission in order to: 42 |
---|
863 | 865 | | (1) Meet an imminent threat to public health, safety, or welfare; 43 |
---|
864 | 866 | | (2) Prevent a loss of Commission or Participating State funds; 44 |
---|
865 | 867 | | (3) Meet a deadline for the promulgation of a Commission Rule that is established 45 |
---|
866 | 868 | | by federal law or Rule; or 46 |
---|
867 | 869 | | (4) Protect public health and safety. 47 |
---|
868 | 870 | | (m) The Commission or an authorized committee of the Commission may direct revisions 48 |
---|
869 | 871 | | to a previously adopted Commission Rule for purposes of correcting typographical errors, errors 49 |
---|
870 | 872 | | in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be 50 |
---|
871 | 873 | | posted on the website of the Commission. The revision shall be subject to challenge by any 51 General Assembly Of North Carolina Session 2025 |
---|
873 | 875 | | person for a period of 30 days after posting. The revision may be challenged only on grounds 1 |
---|
874 | 876 | | that the revision results in a material change to a Rule. A challenge shall be made as set forth in 2 |
---|
875 | 877 | | the notice of revisions and delivered to the Commission prior to the end of the notice period. If 3 |
---|
876 | 878 | | no challenge is made, the revision will take effect without further action. If the revision is 4 |
---|
877 | 879 | | challenged, the revision may not take effect without the approval of the Commission. 5 |
---|
878 | 880 | | (n) No Participating State's rulemaking requirements shall apply under this Compact. 6 |
---|
879 | 881 | | "§ 90-270.209. Oversight, dispute resolution, and enforcement. 7 |
---|
880 | 882 | | (a) Oversight: 8 |
---|
881 | 883 | | (1) The executive and judicial branches of State government in each Participating 9 |
---|
882 | 884 | | State shall enforce this Compact and take all actions necessary and appropriate 10 |
---|
883 | 885 | | to implement the Compact. 11 |
---|
884 | 886 | | (2) Venue is proper and judicial proceedings by or against the Commission shall 12 |
---|
885 | 887 | | be brought solely and exclusively in a court of competent jurisdiction where 13 |
---|
886 | 888 | | the principal office of the Commission is located. The Commission may waive 14 |
---|
887 | 889 | | venue and jurisdictional defenses to the extent it adopts or consents to 15 |
---|
888 | 890 | | participate in alternative dispute resolution proceedings. Nothing herein shall 16 |
---|
889 | 891 | | affect or limit the selection or propriety of venue in any action against a 17 |
---|
890 | 892 | | Licensee for professional malpractice, misconduct, or any such similar matter. 18 |
---|
891 | 893 | | (3) The Commission shall be entitled to receive service of process in any 19 |
---|
892 | 894 | | proceeding regarding the enforcement or interpretation of the Compact or the 20 |
---|
893 | 895 | | Commission's Rules and shall have standing to intervene in such a proceeding 21 |
---|
894 | 896 | | for all purposes. Failure to provide the Commission with service of process 22 |
---|
895 | 897 | | shall render a judgment or order in such proceeding void as to the 23 |
---|
896 | 898 | | Commission, this Compact, or Commission Rules. 24 |
---|
897 | 899 | | (b) Default, Technical Assistance, and Termination: 25 |
---|
898 | 900 | | (1) If the Commission determines that a Participating State has defaulted in the 26 |
---|
899 | 901 | | performance of its obligations or responsibilities under this Compact or the 27 |
---|
900 | 902 | | Commission Rules, the Commission shall provide written notice to the 28 |
---|
901 | 903 | | defaulting State and other Participating States. The notice shall describe the 29 |
---|
902 | 904 | | default, the proposed means of curing the default, and any other action that 30 |
---|
903 | 905 | | the Commission may take and shall offer remedial training and specific 31 |
---|
904 | 906 | | technical assistance regarding the default. 32 |
---|
905 | 907 | | (2) If a State in default fails to cure the default, the defaulting State may be 33 |
---|
906 | 908 | | terminated from this Compact upon an affirmative vote of a majority of the 34 |
---|
907 | 909 | | delegates of the Participating States, and all rights, privileges, and benefits 35 |
---|
908 | 910 | | conferred by this Compact upon such State may be terminated on the effective 36 |
---|
909 | 911 | | date of termination. A cure of the default does not relieve the offending State 37 |
---|
910 | 912 | | of obligations or liabilities incurred during the period of default. 38 |
---|
911 | 913 | | (3) Termination of participation in this Compact shall be imposed only after all 39 |
---|
912 | 914 | | other means of securing compliance have been exhausted. Notice of intent to 40 |
---|
913 | 915 | | suspend or terminate shall be given by the Commission to the governor, the 41 |
---|
914 | 916 | | majority and minority leaders of the defaulting State's legislature, and to the 42 |
---|
915 | 917 | | Licensing Board(s) of each of the Participating States. 43 |
---|
916 | 918 | | (4) A State that has been terminated is responsible for all assessments, 44 |
---|
917 | 919 | | obligations, and liabilities incurred through the effective date of termination, 45 |
---|
918 | 920 | | including obligations that extend beyond the effective date of termination. 46 |
---|
919 | 921 | | (5) The Commission shall not bear any costs related to a State that is found to be 47 |
---|
920 | 922 | | in default or that has been terminated from this Compact, unless agreed upon 48 |
---|
921 | 923 | | in writing between the Commission and the defaulting State. 49 |
---|
922 | 924 | | (6) The defaulting State may appeal its termination from the Compact by the 50 |
---|
923 | 925 | | Commission by petitioning the United States District Court for the District of 51 General Assembly Of North Carolina Session 2025 |
---|
925 | 927 | | Columbia or the federal district where the Commission has its principal 1 |
---|
926 | 928 | | offices. The prevailing member shall be awarded all costs of such litigation, 2 |
---|
927 | 929 | | including reasonable attorneys' fees. 3 |
---|
928 | 930 | | (7) Upon the termination of a State's participation in the Compact, the State shall 4 |
---|
929 | 931 | | immediately provide notice to all Licensees within that State of such 5 |
---|
930 | 932 | | termination: 6 |
---|
931 | 933 | | a. Licensees who have been granted a Compact Privilege in that State 7 |
---|
932 | 934 | | shall retain the Compact Privilege for 180 days following the effective 8 |
---|
933 | 935 | | date of such termination. 9 |
---|
934 | 936 | | b. Licensees who are licensed in that State who have been granted a 10 |
---|
935 | 937 | | Compact Privilege in a Participating State shall retain the Compact 11 |
---|
936 | 938 | | Privilege for 180 days unless the Licensee also has a Qualifying 12 |
---|
937 | 939 | | License in a Participating State or obtains a Qualifying License in a 13 |
---|
938 | 940 | | Participating State before the 180-day period ends, in which case the 14 |
---|
939 | 941 | | Compact Privilege shall continue. 15 |
---|
940 | 942 | | (c) Dispute Resolution: 16 |
---|
941 | 943 | | (1) Upon request by a Participating State, the Commission shall attempt to resolve 17 |
---|
942 | 944 | | disputes related to this Compact that arise among Participating States and 18 |
---|
943 | 945 | | between Participating and non-Participating States. 19 |
---|
944 | 946 | | (2) The Commission shall promulgate a Rule providing for both mediation and 20 |
---|
945 | 947 | | binding dispute resolution for disputes as appropriate. 21 |
---|
946 | 948 | | (d) Enforcement: 22 |
---|
947 | 949 | | (1) The Commission, in the reasonable exercise of its discretion, shall enforce the 23 |
---|
948 | 950 | | provisions of this Compact and Rules of the Commission. 24 |
---|
949 | 951 | | (2) If compliance is not secured after all means to secure compliance have been 25 |
---|
950 | 952 | | exhausted, by majority vote, the Commission may initiate legal action in the 26 |
---|
951 | 953 | | United States District Court for the District of Columbia or the federal district 27 |
---|
952 | 954 | | where the Commission has its principal offices, against a Participating State 28 |
---|
953 | 955 | | in default to enforce compliance with the provisions of this Compact and the 29 |
---|
954 | 956 | | Commission's promulgated Rules and bylaws. The relief sought may include 30 |
---|
955 | 957 | | both injunctive relief and damages. In the event judicial enforcement is 31 |
---|
956 | 958 | | necessary, the prevailing party shall be awarded all costs of such litigation, 32 |
---|
957 | 959 | | including reasonable attorneys' fees. 33 |
---|
958 | 960 | | (3) The remedies herein shall not be the exclusive remedies of the Commission. 34 |
---|
959 | 961 | | The Commission may pursue any other remedies available under federal or 35 |
---|
960 | 962 | | State law. 36 |
---|
961 | 963 | | (e) Legal Action Against the Commission: 37 |
---|
962 | 964 | | (1) A Participating State may initiate legal action against the Commission in the 38 |
---|
963 | 965 | | United States District Court for the District of Columbia or the federal district 39 |
---|
964 | 966 | | where the Commission has its principal offices to enforce compliance with the 40 |
---|
965 | 967 | | provisions of the Compact and its Rules. The relief sought may include both 41 |
---|
966 | 968 | | injunctive relief and damages. In the event judicial enforcement is necessary, 42 |
---|
967 | 969 | | the prevailing party shall be awarded all costs of such litigation, including 43 |
---|
968 | 970 | | reasonable attorneys' fees. 44 |
---|
969 | 971 | | (2) No person other than a Participating State shall enforce this Compact against 45 |
---|
970 | 972 | | the Commission. 46 |
---|
971 | 973 | | "§ 90-270.210. Date of implementation of the PA Licensure Compact Commission. 47 |
---|
972 | 974 | | (a) This Compact shall come into effect on the date on which this Compact statute is 48 |
---|
973 | 975 | | enacted into law in the seventh Participating State. 49 |
---|
974 | 976 | | (1) On or after the effective date of the Compact, the Commission shall convene 50 |
---|
975 | 977 | | and review the enactment of each of the States that enacted the Compact prior 51 General Assembly Of North Carolina Session 2025 |
---|
977 | 979 | | to the Commission convening ("Charter Participating States") to determine if 1 |
---|
978 | 980 | | the statute enacted by each such Charter Participating State is materially 2 |
---|
979 | 981 | | different than the Model Compact. 3 |
---|
980 | 982 | | a. A Charter Participating State whose enactment is found to be 4 |
---|
981 | 983 | | materially different from the Model Compact shall be entitled to the 5 |
---|
982 | 984 | | default process set forth in G.S. 90-270.209(b). 6 |
---|
983 | 985 | | b. If any Participating State later withdraws from the Compact or its 7 |
---|
984 | 986 | | participation is terminated, the Commission shall remain in existence 8 |
---|
985 | 987 | | and the Compact shall remain in effect even if the number of 9 |
---|
986 | 988 | | Participating States should be less than seven. Participating States 10 |
---|
987 | 989 | | enacting the Compact subsequent to the Commission convening shall 11 |
---|
988 | 990 | | be subject to the process set forth in G.S. 90-270.206(c)(21) to 12 |
---|
989 | 991 | | determine if their enactments are materially different from the Model 13 |
---|
990 | 992 | | Compact and whether they qualify for participation in the Compact. 14 |
---|
991 | 993 | | (2) Participating States enacting the Compact subsequent to the seven initial 15 |
---|
992 | 994 | | Charter Participating States shall be subject to the process set forth in 16 |
---|
993 | 995 | | G.S. 90-270.206(c)(21) to determine if their enactments are materially 17 |
---|
994 | 996 | | different from the Model Compact and whether they qualify for participation 18 |
---|
995 | 997 | | in the Compact. 19 |
---|
996 | 998 | | (3) All actions taken for the benefit of the Commission or in furtherance of the 20 |
---|
997 | 999 | | purposes of the administration of the Compact prior to the effective date of 21 |
---|
998 | 1000 | | the Compact or the Commission coming into existence shall be considered to 22 |
---|
999 | 1001 | | be actions of the Commission unless specifically repudiated by the 23 |
---|
1000 | 1002 | | Commission. 24 |
---|
1001 | 1003 | | (b) Any State that joins this Compact shall be subject to the Commission's Rules and 25 |
---|
1002 | 1004 | | bylaws as they exist on the date on which this Compact becomes law in that State. Any Rule that 26 |
---|
1003 | 1005 | | has been previously adopted by the Commission shall have the full force and effect of law on the 27 |
---|
1004 | 1006 | | day this Compact becomes law in that State. 28 |
---|
1005 | 1007 | | (c) Any Participating State may withdraw from this Compact by enacting a statute 29 |
---|
1006 | 1008 | | repealing the same. 30 |
---|
1007 | 1009 | | (1) A Participating State's withdrawal shall not take effect until 180 days after 31 |
---|
1008 | 1010 | | enactment of the repealing statute. During this 180-day period, all Compact 32 |
---|
1009 | 1011 | | Privileges that were in effect in the withdrawing State and were granted to 33 |
---|
1010 | 1012 | | Licensees licensed in the withdrawing State shall remain in effect. If any 34 |
---|
1011 | 1013 | | Licensee licensed in the withdrawing State is also licensed in another 35 |
---|
1012 | 1014 | | Participating State or obtains a license in another Participating State within 36 |
---|
1013 | 1015 | | the 180 days, the Licensee's Compact Privileges in other Participating States 37 |
---|
1014 | 1016 | | shall not be affected by the passage of the 180 days. 38 |
---|
1015 | 1017 | | (2) Withdrawal shall not affect the continuing requirement of the State Licensing 39 |
---|
1016 | 1018 | | Board(s) of the withdrawing State to comply with the investigative and 40 |
---|
1017 | 1019 | | Adverse Action reporting requirements of this Compact prior to the effective 41 |
---|
1018 | 1020 | | date of withdrawal. 42 |
---|
1019 | 1021 | | (3) Upon the enactment of a statute withdrawing a State from this Compact, the 43 |
---|
1020 | 1022 | | State shall immediately provide notice of such withdrawal to all Licensees 44 |
---|
1021 | 1023 | | within that State. Such withdrawing State shall continue to recognize all 45 |
---|
1022 | 1024 | | Licenses granted pursuant to this Compact for a minimum of 180 days after 46 |
---|
1023 | 1025 | | the date of such notice of withdrawal. 47 |
---|
1024 | 1026 | | (d) Nothing contained in this Compact shall be construed to invalidate or prevent any PA 48 |
---|
1025 | 1027 | | licensure agreement or other cooperative arrangement between Participating States and between 49 |
---|
1026 | 1028 | | a Participating State and non-Participating State that does not conflict with the provisions of this 50 |
---|
1027 | 1029 | | Compact. 51 General Assembly Of North Carolina Session 2025 |
---|
1029 | 1031 | | (e) This Compact may be amended by the Participating States. No amendment to this 1 |
---|
1030 | 1032 | | Compact shall become effective and binding upon any Participating State until it is enacted 2 |
---|
1031 | 1033 | | materially in the same manner into the laws of all Participating States as determined by the 3 |
---|
1032 | 1034 | | Commission. 4 |
---|
1033 | 1035 | | "§ 90-270.211. Construction and severability. 5 |
---|
1034 | 1036 | | (a) This Compact and the Commission's rulemaking authority shall be liberally construed 6 |
---|
1035 | 1037 | | so as to effectuate the purposes and the implementation and administration of the Compact. 7 |
---|
1036 | 1038 | | Provisions of the Compact expressly authorizing or requiring the promulgation of Rules shall not 8 |
---|
1037 | 1039 | | be construed to limit the Commission's rulemaking authority solely for those purposes. 9 |
---|
1038 | 1040 | | (b) The provisions of this Compact shall be severable and if any phrase, clause, sentence, 10 |
---|
1039 | 1041 | | or provision of this Compact is held by a court of competent jurisdiction to be contrary to the 11 |
---|
1040 | 1042 | | constitution of any Participating State, a State seeking participation in the Compact, or of the 12 |
---|
1041 | 1043 | | United States, or the applicability thereof to any government, agency, person, or circumstance is 13 |
---|
1042 | 1044 | | held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of 14 |
---|
1043 | 1045 | | this Compact and the applicability thereof to any other government, agency, person, or 15 |
---|
1044 | 1046 | | circumstance shall not be affected thereby. 16 |
---|
1045 | 1047 | | (c) Notwithstanding subsection (b) of this section, the Commission may deny a State's 17 |
---|
1046 | 1048 | | participation in the Compact or, in accordance with the requirements of G.S. 90-270.209(b), 18 |
---|
1047 | 1049 | | terminate a Participating State's participation in the Compact, if it determines that a constitutional 19 |
---|
1048 | 1050 | | requirement of a Participating State is, or would be with respect to a State seeking to participate 20 |
---|
1049 | 1051 | | in the Compact, a material departure from the Compact. Otherwise, if this Compact shall be held 21 |
---|
1050 | 1052 | | to be contrary to the constitution of any Participating State, the Compact shall remain in full force 22 |
---|
1051 | 1053 | | and effect as to the remaining Participating States and in full force and effect as to the 23 |
---|
1052 | 1054 | | Participating State affected as to all severable matters. 24 |
---|
1053 | 1055 | | "§ 90-270.212. Binding effect of Compact. 25 |
---|
1054 | 1056 | | (a) Nothing herein prevents the enforcement of any other law of a Participating State that 26 |
---|
1055 | 1057 | | is not inconsistent with this Compact. 27 |
---|
1056 | 1058 | | (b) Any laws in a Participating State in conflict with this Compact are superseded to the 28 |
---|
1057 | 1059 | | extent of the conflict. 29 |
---|
1058 | 1060 | | (c) All agreements between the Commission and the Participating States are binding in 30 |
---|
1059 | 1061 | | accordance with their terms." 31 |
---|
1060 | 1062 | | SECTION 2.1.(b) G.S. 90-9.3 reads as rewritten: 32 |
---|
1061 | 1063 | | "§ 90-9.3. Requirements for licensure as a physician assistant. 33 |
---|
1062 | 1064 | | (a) To be eligible for licensure as a physician assistant, an applicant shall submit proof 34 |
---|
1063 | 1065 | | satisfactory to the Board that the applicant has met all of the following: 35 |
---|
1064 | 1066 | | (1) The applicant has successfully completed an educational program for 36 |
---|
1065 | 1067 | | physician assistants or surgeon assistants accredited by the Accreditation 37 |
---|
1066 | 1068 | | Review Commission on Education for the Physician Assistant or its 38 |
---|
1067 | 1069 | | predecessor or successor entities. 39 |
---|
1068 | 1070 | | (2) The applicant has a current or previous certification issued by the National 40 |
---|
1069 | 1071 | | Commission on Certification of Physician Assistants or its successor. 41 |
---|
1070 | 1072 | | (3) The applicant is of good moral character. 42 |
---|
1071 | 1073 | | (a1) A physician assistant applying for licensure under Article 18J of this Chapter shall be 43 |
---|
1072 | 1074 | | in compliance with that Article. 44 |
---|
1073 | 1075 | | (b) Before initiating practice of medical acts, tasks, or functions as a physician assistant, 45 |
---|
1074 | 1076 | | the physician assistant shall provide the Board the name, address, and telephone number of the 46 |
---|
1075 | 1077 | | physician who will supervise the physician assistant in the relevant medical setting. 47 |
---|
1076 | 1078 | | (c) The Board may, by rule, require an applicant to comply with other requirements or 48 |
---|
1077 | 1079 | | submit additional information the Board deems appropriate." 49 |
---|
1078 | 1080 | | SECTION 2.1.(c) G.S. 90-13.2 reads as rewritten: 50 |
---|
1079 | 1081 | | "§ 90-13.2. Registration every year with Board. 51 General Assembly Of North Carolina Session 2025 |
---|
1081 | 1083 | | (a) Every licensee shall register annually with the Board no later than 30 days after the 1 |
---|
1082 | 1084 | | person's birthday. Every privilege holder shall register annually with the Board in accordance 2 |
---|
1083 | 1085 | | with the Physician Assistant Licensure Compact, Article 18J of this Chapter. 3 |
---|
1084 | 1086 | | … 4 |
---|
1085 | 1087 | | (b1) Physician assistants shall pay an annual registration fee of one hundred forty dollars 5 |
---|
1086 | 1088 | | ($140.00). A physician assistant who fails to register as required by this section shall pay an 6 |
---|
1087 | 1089 | | additional fee of twenty-five dollars ($25.00) to the Board. 7 |
---|
1088 | 1090 | | …." 8 |
---|
1089 | 1091 | | SECTION 2.1.(d) G.S. 90-13.1 is amended by adding a new subsection to read: 9 |
---|
1090 | 1092 | | "(g) For the initial licensure or privilege of a physician assistant, the Board shall require 10 |
---|
1091 | 1093 | | the payment of two hundred thirty dollars ($230.00)." 11 |
---|
1092 | 1094 | | SECTION 2.1.(e) G.S. 90-1.1 reads as rewritten: 12 |
---|
1093 | 1095 | | "§ 90-1.1. Definitions. 13 |
---|
1094 | 1096 | | The following definitions apply in this Article: 14 |
---|
1095 | 1097 | | … 15 |
---|
1096 | 1098 | | (4) License. – An authorization issued by the Board to a physician, physician 16 |
---|
1097 | 1099 | | assistant, or anesthesiologist assistant to perform medical acts, tasks, or 17 |
---|
1098 | 1100 | | functions. License shall include any physician assistant compact privilege 18 |
---|
1099 | 1101 | | granted under Article 18J of this Chapter. 19 |
---|
1100 | 1102 | | (4a) Licensee. – Any person issued a license by the Board, whether the license is 20 |
---|
1101 | 1103 | | active or inactive, including an inactive license by means of surrender. 21 |
---|
1102 | 1104 | | Licensee shall include any compact privilege issued to a holder of a qualifying 22 |
---|
1103 | 1105 | | license in a participating state pursuant to Article 18J of this Chapter. 23 |
---|
1104 | 1106 | | …." 24 |
---|
1105 | 1107 | | SECTION 2.1.(f) G.S. 90-5.1 reads as rewritten: 25 |
---|
1106 | 1108 | | "§ 90-5.1. Powers and duties of the Board. 26 |
---|
1107 | 1109 | | (a) The Board shall have the following powers and duties: 27 |
---|
1108 | 1110 | | … 28 |
---|
1109 | 1111 | | (11) Implement the Physician Assistant Licensure Compact under Article 18J of 29 |
---|
1110 | 1112 | | this Chapter, including issuing compact privileges. 30 |
---|
1111 | 1113 | | (12) Appoint a delegate to serve on the Physician Assistant Licensure Compact 31 |
---|
1112 | 1114 | | Commission under G.S. 90-270.206. The delegate shall be either (i) a current 32 |
---|
1113 | 1115 | | physician assistant, physician, or public member of the Board, or (ii) an 33 |
---|
1114 | 1116 | | administrator of the Board. 34 |
---|
1115 | 1117 | | …." 35 |
---|
1116 | 1118 | | SECTION 2.1.(g) G.S. 90-11 reads as rewritten: 36 |
---|
1117 | 1119 | | "§ 90-11. Criminal background checks. 37 |
---|
1118 | 1120 | | (a) Repealed by Session Laws 2007-346, s. 11, effective October 1, 2007. 38 |
---|
1119 | 1121 | | (a1) Repealed by Session Laws 2007-346, s. 9.1, effective October 1, 2007. 39 |
---|
1120 | 1122 | | (b) The Department of Public Safety may provide a criminal record check to the Board 40 |
---|
1121 | 1123 | | for a person who has applied for a license through the Board. Board and for purposes of Article 41 |
---|
1122 | 1124 | | 18J of this Chapter. The Board shall provide to the Department of Public Safety, along with the 42 |
---|
1123 | 1125 | | request, the fingerprints of the applicant, any additional information required by the Department 43 |
---|
1124 | 1126 | | of Public Safety, and a form signed by the applicant consenting to the check of the criminal 44 |
---|
1125 | 1127 | | record and to the use of the fingerprints and other identifying information required by the State 45 |
---|
1126 | 1128 | | or national repositories. The applicant's fingerprints shall be forwarded to the State Bureau of 46 |
---|
1127 | 1129 | | Investigation for a search of the State's criminal history record file, and the State Bureau of 47 |
---|
1128 | 1130 | | Investigation shall forward a set of the fingerprints to the Federal Bureau of Investigation for a 48 |
---|
1129 | 1131 | | national criminal history check. The Board shall keep all information pursuant to this subsection 49 |
---|
1130 | 1132 | | privileged, in accordance with applicable State law and federal guidelines, and the information 50 |
---|
1131 | 1133 | | shall be confidential and shall not be a public record under Chapter 132 of the General Statutes. 51 General Assembly Of North Carolina Session 2025 |
---|