GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S D SENATE BILL DRS15068-NBf-60 Short Title: Physician Assistant Licensure Compact. (Public) Sponsors: Senators Hise, Hollo, and Galey (Primary Sponsors). Referred to: *DRS15068 -NBf-60* A BILL TO BE ENTITLED 1 AN ACT TO ESTABLISH A PA LICENSURE COMPACT FOR THE LICENSURE OF 2 PHYSICIAN ASSISTANTS. 3 The General Assembly of North Carolina enacts: 4 SECTION 1.(a) Chapter 90 of the General Statutes is amended by adding a new 5 Article to read: 6 "Article 18J. 7 "PA Licensure Compact. 8 "§ 90-270.200. Purpose. 9 In order to strengthen access to Medical Services, and in recognition of the advances in the 10 delivery of Medical Services, the Participating States of the PA Licensure Compact have allied 11 in common purpose to develop a comprehensive process that complements the existing authority 12 of State Licensing Boards to license and discipline PAs and seeks to enhance the portability of 13 License to practice as a PA while safeguarding the safety of patients. This Compact allows 14 Medical Services to be provided by PAs, via the mutual recognition of the Licensee's Qualifying 15 License by other Compact Participating States. This Compact also adopts the prevailing standard 16 for PA licensure and affirms that the practice and delivery of Medical Services by the PA occurs 17 where the patient is located at the time of the patient encounter, and therefore requires the PA to 18 be under the jurisdiction of the State Licensing Board where the patient is located. State Licensing 19 Boards that participate in this Compact retain the jurisdiction to impose Adverse Action against 20 a Compact Privilege in that State issued to a PA through the procedures of this Compact. The PA 21 Licensure Compact will alleviate burdens for military families by allowing active duty military 22 personnel and their spouses to obtain a Compact Privilege based on having an unrestricted 23 License in good standing from a Participating State. 24 "§ 90-270.201. Definitions. 25 The following definitions apply in this Compact: 26 (1) Adverse Action. – Any administrative, civil, equitable, or criminal action 27 permitted by a State's laws which is imposed by a Licensing Board or other 28 authority against a PA License or License application or Compact Privilege 29 such as License denial, censure, revocation, suspension, probation, 30 monitoring of the Licensee, or restriction on the Licensee's practice. 31 (2) Compact Privilege. – The authorization granted by a Remote State to allow a 32 Licensee from another Participating State to practice as a PA to provide 33 Medical Services and other licensed activity to a patient located in the Remote 34 State under the Remote State's laws and regulations. 35 FILED SENATE Feb 26, 2025 S.B. 190 PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 Page 2 DRS15068-NBf-60 (3) Conviction. – A finding by a court that an individual is guilty of a felony or 1 misdemeanor offense through adjudication or entry of a plea of guilt or no 2 contest to the charge by the offender. 3 (4) Criminal Background Check. – The submission of fingerprints or other 4 biometric-based information for a License applicant for the purpose of 5 obtaining that applicant's criminal history record information, as defined in 28 6 C.F.R. § 20.3(d), from the State's criminal history record repository, as 7 defined in 28 C.F.R. § 20.3(f). 8 (5) Data System. – The repository of information about Licensees, including, but 9 not limited to, License status and Adverse Actions, which is created and 10 administered under the terms of this Compact. 11 (6) Executive Committee. – A group of directors and ex officio individuals 12 elected or appointed pursuant to G.S. 90-270.206(f)(2). 13 (7) Impaired Practitioner. – A PA whose practice is adversely affected by 14 health-related condition(s) that impact their ability to practice. 15 (8) Investigative Information. – Information, records, or documents received or 16 generated by a Licensing Board pursuant to an investigation. 17 (9) Jurisprudence Requirement. – The assessment of an individual's knowledge 18 of the laws and Rules governing the practice of a PA in a State. 19 (10) License. – Current authorization by a State, other than authorization pursuant 20 to a Compact Privilege, for a PA to provide Medical Services, which would 21 be unlawful without current authorization. 22 (11) Licensee. – An individual who holds a License from a State to provide 23 Medical Services as a PA. 24 (12) Licensing Board. – Any State entity authorized to license and otherwise 25 regulate PAs. 26 (13) Medical Services. – Health care services provided for the diagnosis, 27 prevention, treatment, cure, or relief of a health condition, injury, or disease, 28 as defined by a State's laws and regulations. 29 (14) Model Compact. – The model for the PA Licensure Compact on file with The 30 Council of State Governments or other entity as designated by the 31 Commission. 32 (15) Participating State. – A State that has enacted this Compact. 33 (16) PA. – An individual who is licensed as a physician assistant in a State. For 34 purposes of this Compact, any other title or status adopted by a State to replace 35 the term "physician assistant" shall be deemed synonymous with "physician 36 assistant" and shall confer the same rights and responsibilities to the Licensee 37 under the provisions of this Compact at the time of its enactment. 38 (17) PA Licensure Compact Commission, Compact Commission, or Commission. 39 – The national administrative body created pursuant to G.S. 90-270.206(f)(2) 40 of this Compact. 41 (18) Qualifying License. – An unrestricted License issued by a Participating State 42 to provide Medical Services as a PA. 43 (19) Remote State. – A Participating State where a Licensee who is not licensed as 44 a PA is exercising or seeking to exercise the Compact Privilege. 45 (20) Rule. – A regulation promulgated by an entity that has the force and effect of 46 law. 47 (21) Significant Investigative Information. – Investigative Information that a 48 Licensing Board, after an inquiry or investigation that includes notification 49 and an opportunity for the PA to respond if required by State law, has reason 50 General Assembly Of North Carolina Session 2025 DRS15068-NBf-60 Page 3 to believe is not groundless and, if proven true, would indicate more than a 1 minor infraction. 2 (22) State. – Any state, commonwealth, district, or territory of the United States. 3 "§ 90-270.202. State participation in this Compact. 4 (a) To participate in this Compact, a Participating State shall: 5 (1) License PAs. 6 (2) Participate in the Compact Commission's Data System. 7 (3) Have a mechanism in place for receiving and investigating complaints against 8 Licensees and License applicants. 9 (4) Notify the Commission, in compliance with the terms of this Compact and 10 Commission Rules, of any Adverse Action against a Licensee or License 11 applicant and the existence of Significant Investigative Information regarding 12 a Licensee or License applicant. 13 (5) Fully implement a Criminal Background Check requirement, within a time 14 frame established by Commission Rule, by its Licensing Board receiving the 15 results of a Criminal Background Check and reporting to the Commission 16 whether the License applicant has been granted a License. 17 (6) Comply with the Rules of the Compact Commission. 18 (7) Utilize passage of a recognized national exam such as the NCCPA PANCE as 19 a requirement for PA licensure. 20 (8) Grant the Compact Privilege to a holder of a Qualifying License in a 21 Participating State. 22 (b) Nothing in this Compact prohibits a Participating State from charging a fee for 23 granting the Compact Privilege. 24 "§ 90-270.203. Compact Privilege. 25 (a) To exercise the Compact Privilege, a Licensee must: 26 (1) Have graduated from a PA program accredited by the Accreditation Review 27 Commission on Education for the Physician Assistant, Inc., or other programs 28 authorized by Commission Rule. 29 (2) Hold current NCCPA certification. 30 (3) Have no felony or misdemeanor conviction. 31 (4) Have never had a controlled substance license, permit, or registration 32 suspended or revoked by a State or by the United States Drug Enforcement 33 Administration. 34 (5) Have a unique identifier as determined by Commission Rule. 35 (6) Hold a Qualifying License. 36 (7) Have had no revocation of a License or limitation or restriction on any License 37 currently held due to an Adverse Action. 38 (8) If a Licensee has had a limitation or restriction on a License or Compact 39 Privilege due to an Adverse Action, two years must have elapsed from the 40 date on which the License or Compact Privilege is no longer limited or 41 restricted due to the Adverse Action. 42 (9) If a Compact Privilege has been revoked or is limited or restricted in a 43 Participating State for conduct that would not be a basis for disciplinary action 44 in a Participating State in which the Licensee is practicing or applying to 45 practice under a Compact Privilege, that Participating State shall have the 46 discretion not to consider such action as an Adverse Action requiring the 47 denial or removal of a Compact Privilege in that State. 48 (10) Notify the Compact Commission that the Licensee is seeking the Compact 49 Privilege in a Remote State. 50 General Assembly Of North Carolina Session 2025 Page 4 DRS15068-NBf-60 (11) Meet any Jurisprudence Requirement of a Remote State in which the Licensee 1 is seeking to practice under the Compact Privilege and pay any fees applicable 2 to satisfying the Jurisprudence Requirement. 3 (12) Report to the Commission any Adverse Action taken by a non-participating 4 State within 30 days after the action is taken. 5 (b) The Compact Privilege is valid until the expiration or revocation of the Qualifying 6 License unless terminated pursuant to an Adverse Action. The Licensee must also comply with 7 all of the requirements of subsection (a) of this section to maintain the Compact Privilege in a 8 Remote State. If the Participating State takes Adverse Action against a Qualifying License, the 9 Licensee shall lose the Compact Privilege in any Remote State in which the Licensee has a 10 Compact Privilege until all of the following occur: 11 (1) The License is no longer limited or restricted; and 12 (2) Two years have elapsed from the date on which the License is no longer 13 limited or restricted due to the Adverse Action. 14 (c) Once a restricted or limited License satisfies the requirements of subdivisions (b)(1) 15 and (2) of this section, the Licensee must meet the requirements of subsection (a) of this section 16 to obtain a Compact Privilege in any Remote State. 17 (d) For each Remote State in which a PA seeks authority to prescribe controlled 18 substances, the PA shall satisfy all requirements imposed by such State in granting or renewing 19 such authority. 20 "§ 90-270.204. Designation of the State from which Licensee is applying for a Compact 21 Privilege. 22 Upon a Licensee's application for a Compact Privilege, the Licensee shall identify to the 23 Commission the Participating State from which the Licensee is applying, in accordance with 24 applicable Rules adopted by the Commission, and subject to the following requirements: 25 (1) When applying for a Compact Privilege, the Licensee shall provide the 26 Commission with the address of the Licensee's primary residence and 27 thereafter shall immediately report to the Commission any change in the 28 address of the Licensee's primary residence. 29 (2) When applying for a Compact Privilege, the Licensee is required to consent 30 to accept service of process by mail at the Licensee's primary residence on file 31 with the Commission with respect to any action brought against the Licensee 32 by the Commission or a Participating State, including a subpoena, with respect 33 to any action brought or investigation conducted by the Commission or a 34 Participating State. 35 "§ 90-270.205. Adverse Actions. 36 (a) A Participating State in which a Licensee is licensed shall have exclusive power to 37 impose Adverse Action against the Qualifying License issued by that Participating State. 38 (b) In addition to the other powers conferred by State law, a Remote State shall have the 39 authority, in accordance with existing State due process law, to do all of the following: 40 (1) Take Adverse Action against a PA's Compact Privilege within that State to 41 remove a Licensee's Compact Privilege or take other action necessary under 42 applicable law to protect the health and safety of its citizens. 43 (2) Issue subpoenas for both hearings and investigations that require the 44 attendance and testimony of witnesses as well as the production of evidence. 45 Subpoenas issued by a Licensing Board in a Participating State for the 46 attendance and testimony of witnesses or the production of evidence from 47 another Participating State shall be enforced in the latter State by any court of 48 competent jurisdiction, according to the practice and procedure of that court 49 applicable to subpoenas issued in proceedings pending before it. The issuing 50 authority shall pay any witness fees, travel expenses, mileage, and other fees 51 General Assembly Of North Carolina Session 2025 DRS15068-NBf-60 Page 5 required by the service statutes of the State in which the witnesses or evidence 1 are located. 2 (3) Notwithstanding subdivision (2) of this subsection, subpoenas may not be 3 issued by a Participating State to gather evidence of conduct in another State 4 that is lawful in that other State for the purpose of taking Adverse Action 5 against a Licensee's Compact Privilege or application for a Compact Privilege 6 in that Participating State. 7 (4) Nothing in this Compact authorizes a Participating State to impose discipline 8 against a PA's Compact Privilege or to deny an application for a Compact 9 Privilege in that Participating State for the individual's otherwise lawful 10 practice in another State. 11 (c) For purposes of taking Adverse Action, the Participating State which issued the 12 Qualifying License shall give the same priority and effect to reported conduct received from any 13 other Participating State as it would if the conduct had occurred within the Participating State 14 which issued the Qualifying License. In so doing, that Participating State shall apply its own 15 State laws to determine appropriate action. 16 (d) A Participating State, if otherwise permitted by State law, may recover from the 17 affected PA the costs of investigations and disposition of cases resulting from any Adverse 18 Action taken against that PA. 19 (e) A Participating State may take Adverse Action based on the factual findings of a 20 Remote State, provided that the Participating State follows its own procedures for taking the 21 Adverse Action. 22 (f) Joint Investigations. – 23 (1) In addition to the authority granted to a Participating State by its respective 24 State PA laws and regulations or other applicable State law, any Participating 25 State may participate with other Participating States in joint investigations of 26 Licensees. 27 (2) Participating States shall share any investigative, litigation, or compliance 28 materials in furtherance of any joint or individual investigation initiated under 29 this Compact. 30 (g) If an Adverse Action is taken against a PA's Qualifying License, the PA's Compact 31 Privilege in all Remote States shall be deactivated until two years have elapsed after all 32 restrictions have been removed from the State License. All disciplinary orders by the 33 Participating State which issued the Qualifying License that impose Adverse Action against a 34 PA's License shall include a Statement that the PA's Compact Privilege is deactivated in all 35 Participating States during the pendency of the order. 36 (h) If any Participating State takes Adverse Action, it promptly shall notify the 37 administrator of the Data System. 38 "§ 90-270.206. Establishment of the PA Licensure Compact Commission. 39 (a) The Participating States hereby create and establish a joint government agency and 40 national administrative body known as the PA Licensure Compact Commission. The 41 Commission is an instrumentality of the Compact States acting jointly and not an instrumentality 42 of any one State. The Commission shall come into existence on or after the effective date of the 43 Compact as set forth in G.S. 90-270.210(a). 44 (b) Membership, Voting, and Meetings: 45 (1) Each Participating State shall have and be limited to one delegate selected by 46 that Participating State's Licensing Board or, if the State has more than one 47 Licensing Board, selected collectively by the Participating State's Licensing 48 Boards. 49 (2) The delegate shall be either: 50 General Assembly Of North Carolina Session 2025 Page 6 DRS15068-NBf-60 a. A current PA, physician, or public member of a Licensing Board or 1 PA Council/Committee; or 2 b. An administrator of a Licensing Board. 3 (3) Any delegate may be removed or suspended from office as provided by the 4 laws of the State from which the delegate is appointed. 5 (4) The Participating State Licensing Board shall fill any vacancy occurring in the 6 Commission within 60 days. 7 (5) Each delegate shall be entitled to one vote on all matters voted on by the 8 Commission and shall otherwise have an opportunity to participate in the 9 business and affairs of the Commission. A delegate shall vote in person or by 10 such other means as provided in the bylaws. The bylaws may provide for 11 delegates' participation in meetings by telecommunications, video conference, 12 or other means of communication. 13 (6) The Commission shall meet at least once during each calendar year. 14 Additional meetings shall be held as set forth in this Compact and the bylaws. 15 (7) The Commission shall establish by Rule a term of office for delegates. 16 (c) The Commission shall have the following powers and duties: 17 (1) Establish a code of ethics for the Commission; 18 (2) Establish the fiscal year of the Commission; 19 (3) Establish fees; 20 (4) Establish bylaws; 21 (5) Maintain its financial records in accordance with the bylaws; 22 (6) Meet and take such actions as are consistent with the provisions of this 23 Compact and the bylaws; 24 (7) Promulgate Rules to facilitate and coordinate implementation and 25 administration of this Compact. The Rules shall have the force and effect of 26 law and shall be binding in all Participating States; 27 (8) Bring and prosecute legal proceedings or actions in the name of the 28 Commission, provided that the standing of any State Licensing Board to sue 29 or be sued under applicable law shall not be affected; 30 (9) Purchase and maintain insurance and bonds; 31 (10) Borrow, accept, or contract for services of personnel, including, but not 32 limited to, employees of a Participating State; 33 (11) Hire employees and engage contractors, elect or appoint officers, fix 34 compensation, define duties, grant such individuals appropriate authority to 35 carry out the purposes of this Compact, and establish the Commission's 36 personnel policies and programs relating to conflicts of interest, qualifications 37 of personnel, and other related personnel matters; 38 (12) Accept any and all appropriate donations and grants of money, equipment, 39 supplies, materials, and services and receive, utilize, and dispose of the same; 40 provided that at all times the Commission shall avoid any appearance of 41 impropriety or conflict of interest; 42 (13) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, 43 hold, improve, or use any property, real, personal, or mixed; provided that at 44 all times the Commission shall avoid any appearance of impropriety; 45 (14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 46 dispose of any property real, personal, or mixed; 47 (15) Establish a budget and make expenditures; 48 (16) Borrow money; 49 (17) Appoint committees, including standing committees composed of members, 50 State regulators, State legislators or their representatives, and consumer 51 General Assembly Of North Carolina Session 2025 DRS15068-NBf-60 Page 7 representatives, and such other interested persons as may be designated in this 1 Compact and the bylaws; 2 (18) Provide and receive information from, and cooperate with, law enforcement 3 agencies; 4 (19) Elect a Chair, Vice-Chair, Secretary, and Treasurer and such other officers of 5 the Commission as provided in the Commission's bylaws; 6 (20) Reserve for itself, in addition to those reserved exclusively to the Commission 7 under the Compact, powers that the Executive Committee may not exercise; 8 (21) Approve or disapprove a State's participation in the Compact based upon its 9 determination as to whether the State's Compact legislation departs in a 10 material manner from the Model Compact language; 11 (22) Prepare and provide to the Participating States an annual report; and 12 (23) Perform such other functions as may be necessary or appropriate to achieve 13 the purposes of this Compact consistent with the State regulation of PA 14 licensure and practice. 15 (d) Meetings of the Commission: 16 (1) All meetings of the Commission that are not closed pursuant to this subsection 17 shall be open to the public. Notice of public meetings shall be posted on the 18 Commission's website at least 30 days prior to the public meeting. 19 (2) Notwithstanding subdivision (1) of this subsection, the Commission may 20 convene a public meeting by providing at least 24 hours' prior notice on the 21 Commission's website, and any other means as provided in the Commission's 22 Rules, for any of the reasons it may dispense with notice of proposed 23 rulemaking under G.S. 90-270.208(l). 24 (3) The Commission may convene in a closed, nonpublic meeting or nonpublic 25 part of a public meeting to receive legal advice or to discuss: 26 a. Noncompliance of a Participating State with its obligations under this 27 Compact; 28 b. The employment, compensation, discipline or other matters, practices 29 or procedures related to specific employees or other matters related to 30 the Commission's internal personnel practices and procedures; 31 c. Current, threatened, or reasonably anticipated litigation; 32 d. Negotiation of contracts for the purchase, lease, or sale of goods, 33 services, or real estate; 34 e. Accusing any person of a crime or formally censuring any person; 35 f. Disclosure of trade secrets or commercial or financial information that 36 is privileged or confidential; 37 g. Disclosure of information of a personal nature where disclosure would 38 constitute a clearly unwarranted invasion of personal privacy; 39 h. Disclosure of investigative records compiled for law enforcement 40 purposes; 41 i. Disclosure of information related to any investigative reports prepared 42 by or on behalf of or for use of the Commission or other committee 43 charged with responsibility of investigation or determination of 44 compliance issues pursuant to this Compact; 45 j. Legal advice; or 46 k. Matters specifically exempted from disclosure by federal or 47 Participating States' statutes. 48 (4) If a meeting, or portion of a meeting, is closed pursuant to this provision, the 49 chair of the meeting or the chair's designee shall certify that the meeting or 50 General Assembly Of North Carolina Session 2025 Page 8 DRS15068-NBf-60 portion of the meeting may be closed and shall reference each relevant 1 exempting provision. 2 (5) The Commission shall keep minutes that fully and clearly describe all matters 3 discussed in a meeting and shall provide a full and accurate summary of 4 actions taken, including a description of the views expressed. All documents 5 considered in connection with an action shall be identified in such minutes. 6 All minutes and documents of a closed meeting shall remain under seal, 7 subject to release by a majority vote of the Commission or order of a court of 8 competent jurisdiction. 9 (e) Financing of the Commission: 10 (1) The Commission shall pay, or provide for the payment of, the reasonable 11 expenses of its establishment, organization, and ongoing activities. 12 (2) The Commission may accept any and all appropriate revenue sources, 13 donations, and grants of money, equipment, supplies, materials, and services. 14 (3) The Commission may levy on and collect an annual assessment from each 15 Participating State and may impose Compact Privilege fees on Licensees of 16 Participating States to whom a Compact Privilege is granted to cover the cost 17 of the operations and activities of the Commission and its staff, which must 18 be in a total amount sufficient to cover its annual budget as approved by the 19 Commission each year for which revenue is not provided by other sources. 20 The aggregate annual assessment amount levied on Participating States shall 21 be allocated based upon a formula to be determined by Commission Rule. 22 a. A Compact Privilege expires when the Licensee's Qualifying License 23 in the Participating State from which the Licensee applied for the 24 Compact Privilege expires. 25 b. If the Licensee terminates the Qualifying License through which the 26 Licensee applied for the Compact Privilege before its scheduled 27 expiration, and the Licensee has a Qualifying License in another 28 Participating State, the Licensee shall inform the Commission that it 29 is changing to that Participating State the Participating State through 30 which it applies for a Compact Privilege and pay to the Commission 31 any Compact Privilege fee required by Commission Rule. 32 (4) The Commission shall not incur obligations of any kind prior to securing the 33 funds adequate to meet the same nor shall the Commission pledge the credit 34 of any of the Participating States, except by and with the authority of the 35 Participating State. 36 (5) The Commission shall keep accurate accounts of all receipts and 37 disbursements. The receipts and disbursements of the Commission shall be 38 subject to the financial review and accounting procedures established under 39 its bylaws. All receipts and disbursements of funds handled by the 40 Commission shall be subject to an annual financial review by a certified or 41 licensed public accountant, and the report of the financial review shall be 42 included in and become part of the annual report of the Commission. 43 (f) The Executive Committee: 44 (1) The Executive Committee shall have the power to act on behalf of the 45 Commission according to the terms of this Compact and Commission Rules. 46 (2) The Executive Committee shall be composed of nine members: 47 a. Seven voting members who are elected by the Commission from the 48 current membership of the Commission; 49 b. One ex officio, nonvoting member from a recognized national PA 50 professional association; and 51 General Assembly Of North Carolina Session 2025 DRS15068-NBf-60 Page 9 c. One ex officio, nonvoting member from a recognized national PA 1 certification organization. 2 (3) The ex officio members will be selected by their respective organizations. 3 (4) The Commission may remove any member of the Executive Committee as 4 provided in its bylaws. 5 (5) The Executive Committee shall meet at least annually. 6 (6) The Executive Committee shall have the following duties and responsibilities: 7 a. Recommend to the Commission changes to the Commission's Rules 8 or bylaws, changes to this Compact legislation, fees to be paid by 9 Compact Participating States such as annual dues, and any 10 Commission Compact fee charged to Licensees for the Compact 11 Privilege; 12 b. Ensure Compact administration services are appropriately provided, 13 contractual or otherwise; 14 c. Prepare and recommend the budget; 15 d. Maintain financial records on behalf of the Commission; 16 e. Monitor Compact compliance of Participating States and provide 17 compliance reports to the Commission; 18 f. Establish additional committees as necessary; 19 g. Exercise the powers and duties of the Commission during the interim 20 between Commission meetings, except for issuing proposed 21 rulemaking or adopting Commission Rules or bylaws, or exercising 22 any other powers and duties exclusively reserved to the Commission 23 by the Commission's Rules; and 24 h. Perform other duties as provided in the Commission's Rules or bylaws. 25 (7) All meetings of the Executive Committee at which it votes or plans to vote on 26 matters in exercising the powers and duties of the Commission shall be open 27 to the public and public notice of such meetings shall be given as public 28 meetings of the Commission are given. 29 (8) The Executive Committee may convene in a closed, nonpublic meeting for 30 the same reasons that the Commission may convene in a nonpublic meeting 31 as set forth in G.S. 90-270.206(d)(3) and shall announce the closed meeting 32 as the Commission is required to under G.S. 90-270.206(d)(3) and keep 33 minutes of the closed meeting as the Commission is required to under 34 G.S. 90-270.206(d)(3). 35 (g) Qualified Immunity, Defense, and Indemnification: 36 (1) The members, officers, executive director, employees, and representatives of 37 the Commission shall be immune from suit and liability, both personally and 38 in their official capacity, for any claim for damage to or loss of property or 39 personal injury or other civil liability caused by or arising out of any actual or 40 alleged act, error, or omission that occurred, or that the person against whom 41 the claim is made had a reasonable basis for believing occurred within the 42 scope of Commission employment, duties, or responsibilities; provided that 43 nothing in this paragraph shall be construed to protect any such person from 44 suit or liability for any damage, loss, injury, or liability caused by the 45 intentional or willful or wanton misconduct of that person. The procurement 46 of insurance of any type by the Commission shall not in any way compromise 47 or limit the immunity granted hereunder. 48 (2) The Commission shall defend any member, officer, executive director, 49 employee, and representative of the Commission in any civil action seeking 50 to impose liability arising out of any actual or alleged act, error, or omission 51 General Assembly Of North Carolina Session 2025 Page 10 DRS15068-NBf-60 that occurred within the scope of Commission employment, duties, or 1 responsibilities, or as determined by the Commission that the person against 2 whom the claim is made had a reasonable basis for believing occurred within 3 the scope of Commission employment, duties, or responsibilities; provided 4 that nothing herein shall be construed to prohibit that person from retaining 5 their own counsel at their own expense; and provided further, that the actual 6 or alleged act, error, or omission did not result from that person's intentional 7 or willful or wanton misconduct. 8 (3) The Commission shall indemnify and hold harmless any member, officer, 9 executive director, employee, and representative of the Commission for the 10 amount of any settlement or judgment obtained against that person arising out 11 of any actual or alleged act, error, or omission that occurred within the scope 12 of Commission employment, duties, or responsibilities, or that such person 13 had a reasonable basis for believing occurred within the scope of Commission 14 employment, duties, or responsibilities, provided that the actual or alleged act, 15 error, or omission did not result from the intentional or willful or wanton 16 misconduct of that person. 17 (4) Venue is proper and judicial proceedings by or against the Commission shall 18 be brought solely and exclusively in a court of competent jurisdiction where 19 the principal office of the Commission is located. The Commission may waive 20 venue and jurisdictional defenses in any proceedings as authorized by 21 Commission Rules. 22 (5) Nothing herein shall be construed as a limitation on the liability of any 23 Licensee for professional malpractice or misconduct, which shall be governed 24 solely by any other applicable State laws. 25 (6) Nothing herein shall be construed to designate the venue or jurisdiction to 26 bring actions for alleged acts of malpractice, professional misconduct, 27 negligence, or other such civil action pertaining to the practice of a PA. All 28 such matters shall be determined exclusively by State law other than this 29 Compact. 30 (7) Nothing in this Compact shall be interpreted to waive or otherwise abrogate a 31 Participating State's state action immunity or state action affirmative defense 32 with respect to antitrust claims under the Sherman Act, Clayton Act, or any 33 other State or federal antitrust or anticompetitive law or regulation. 34 (8) Nothing in this Compact shall be construed to be a waiver of sovereign 35 immunity by the Participating States or by the Commission. 36 "§ 90-270.207. Data System. 37 (a) The Commission shall provide for the development, maintenance, operation, and 38 utilization of a coordinated data and reporting system containing licensure, Adverse Action, and 39 the reporting of the existence of Significant Investigative Information on all licensed PAs and 40 applicants denied a License in Participating States. 41 (b) Notwithstanding any other State law to the contrary, a Participating State shall submit 42 a uniform data set to the Data System on all PAs to whom this Compact is applicable (utilizing 43 a unique identifier) as required by the Rules of the Commission, including: 44 (1) Identifying information; 45 (2) Licensure data; 46 (3) Adverse Actions against a License or Compact Privilege; 47 (4) Any denial of application for licensure, and the reason(s) for such denial 48 (excluding the reporting of any criminal history record information where 49 prohibited by law); 50 (5) The existence of Significant Investigative Information; and 51 General Assembly Of North Carolina Session 2025 DRS15068-NBf-60 Page 11 (6) Other information that may facilitate the administration of this Compact, as 1 determined by the Rules of the Commission. 2 (c) Significant Investigative Information pertaining to a Licensee in any Participating 3 State shall only be available to other Participating States. 4 (d) The Commission shall promptly notify all Participating States of any Adverse Action 5 taken against a Licensee or an individual applying for a License that has been reported to it. This 6 Adverse Action information shall be available to any other Participating State. 7 (e) Participating States contributing information to the Data System may, in accordance 8 with State or federal law, designate information that may not be shared with the public without 9 the express permission of the contributing State. Notwithstanding any such designation, such 10 information shall be reported to the Commission through the Data System. 11 (f) Any information submitted to the Data System that is subsequently expunged 12 pursuant to federal law or the laws of the Participating State contributing the information shall 13 be removed from the Data System upon reporting of such by the Participating State to the 14 Commission. 15 (g) The records and information provided to a Participating State pursuant to this 16 Compact or through the Data System, when certified by the Commission or an agent thereof, 17 shall constitute the authenticated business records of the Commission and shall be entitled to any 18 associated hearsay exception in any relevant judicial, quasi-judicial, or administrative 19 proceedings in a Participating State. 20 "§ 90-270.208. Rulemaking. 21 (a) The Commission shall exercise its Rulemaking powers pursuant to the criteria set 22 forth in this section and the Rules adopted thereunder. Commission Rules shall become binding 23 as of the date specified by the Commission for each Rule. 24 (b) The Commission shall promulgate reasonable Rules in order to effectively and 25 efficiently implement and administer this Compact and achieve its purposes. A Commission Rule 26 shall be invalid and have not force or effect only if a court of competent jurisdiction holds that 27 the Rule is invalid because the Commission exercised its rulemaking authority in a manner that 28 is beyond the scope of the purposes of this Compact, or the powers granted hereunder, or based 29 upon another applicable standard of review. 30 (c) The Rules of the Commission shall have the force of law in each Participating State, 31 provided, however, that where the Rules of the Commission conflict with the laws of the 32 Participating State that establish the Medical Services a PA may perform in the Participating 33 State, as held by a court of competent jurisdiction, the Rules of the Commission shall be 34 ineffective in that State to the extent of the conflict. 35 (d) If a majority of the legislatures of the Participating States rejects a Commission Rule, 36 by enactment of a statute or resolution in the same manner used to adopt this Compact within 37 four years of the date of adoption of the Rule, then such Rule shall have no further force and 38 effect in any Participating State or to any State applying to participate in the Compact. 39 (e) Commission Rules shall be adopted at a regular or special meeting of the 40 Commission. 41 (f) Prior to promulgation and adoption of a final Rule or Rules by the Commission, and 42 at least 30 days in advance of the meeting at which the Rule will be considered and voted upon, 43 the Commission shall file a Notice of Proposed Rulemaking: 44 (1) On the website of the Commission or other publicly accessible platform; 45 (2) To persons who have requested notice of the Commission's notices of 46 proposed rulemaking; and 47 (3) In such other way(s) as the Commission may by Rule specify. 48 (g) The Notice of Proposed Rulemaking shall include: 49 General Assembly Of North Carolina Session 2025 Page 12 DRS15068-NBf-60 (1) The time, date, and location of the public hearing on the proposed Rule and 1 the proposed time, date, and location of the meeting in which the proposed 2 Rule will be considered and voted upon; 3 (2) The text of the proposed Rule and the reason for the proposed Rule; 4 (3) A request for comments on the proposed Rule from any interested person and 5 the date by which written comments must be received; and 6 (4) The manner in which interested persons may submit notice to the Commission 7 of their intention to attend the public hearing or provide any written 8 comments. 9 (h) Prior to adoption of a proposed Rule, the Commission shall allow persons to submit 10 written data, facts, opinions, and arguments, which shall be made available to the public. 11 (i) If the hearing is to be held via electronic means, the Commission shall publish the 12 mechanism for access to the electronic hearing. 13 (1) All persons wishing to be heard at the hearing shall as directed in the Notice 14 of Proposed Rulemaking, not less than five business days before the scheduled 15 date of the hearing, notify the Commission of their desire to appear and testify 16 at the hearing. 17 (2) Hearings shall be conducted in a manner providing each person who wishes 18 to comment a fair and reasonable opportunity to comment orally or in writing. 19 (3) All hearings shall be recorded. A copy of the recording and the written 20 comments, data, facts, opinions, and arguments received in response to the 21 proposed rulemaking shall be made available to a person upon request. 22 (4) Nothing in this section shall be construed as requiring a separate hearing on 23 each proposed Rule. Proposed Rules may be grouped for the convenience of 24 the Commission at hearings required by this section. 25 (j) Following the public hearing, the Commission shall consider all written and oral 26 comments timely received. 27 (k) The Commission shall, by majority vote of all delegates, take final action on the 28 proposed Rule and shall determine the effective date of the Rule, if adopted, based on the 29 Rulemaking record and the full text of the Rule. 30 (1) If adopted, the Rule shall be posted on the Commission's website. 31 (2) The Commission may adopt changes to the proposed Rule provided the 32 changes do not enlarge the original purpose of the proposed Rule. 33 (3) The Commission shall provide on its website an explanation of the reasons for 34 substantive changes made to the proposed Rule as well as reasons for 35 substantive changes not made that were recommended by commenters. 36 (4) The Commission shall determine a reasonable effective date for the Rule. 37 Except for an emergency as provided in subsection (l) of this section, the 38 effective date of the Rule shall be no sooner than 30 days after the Commission 39 issued the notice that it adopted the Rule. 40 (l) Upon determination that an emergency exists, the Commission may consider and 41 adopt an emergency Rule with 24 hours' prior notice, without the opportunity for comment, or 42 hearing, provided that the usual Rulemaking procedures provided in this Compact and in this 43 section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later 44 than 90 days after the effective date of the Rule. For the purposes of this provision, an emergency 45 Rule is one that must be adopted immediately by the Commission in order to: 46 (1) Meet an imminent threat to public health, safety, or welfare; 47 (2) Prevent a loss of Commission or Participating State funds; 48 (3) Meet a deadline for the promulgation of a Commission Rule that is established 49 by federal law or Rule; or 50 (4) Protect public health and safety. 51 General Assembly Of North Carolina Session 2025 DRS15068-NBf-60 Page 13 (m) The Commission or an authorized committee of the Commission may direct revisions 1 to a previously adopted Commission Rule for purposes of correcting typographical errors, errors 2 in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be 3 posted on the website of the Commission. The revision shall be subject to challenge by any 4 person for a period of 30 days after posting. The revision may be challenged only on grounds 5 that the revision results in a material change to a Rule. A challenge shall be made as set forth in 6 the notice of revisions and delivered to the Commission prior to the end of the notice period. If 7 no challenge is made, the revision will take effect without further action. If the revision is 8 challenged, the revision may not take effect without the approval of the Commission. 9 (n) No Participating State's rulemaking requirements shall apply under this Compact. 10 "§ 90-270.209. Oversight, dispute resolution, and enforcement. 11 (a) Oversight: 12 (1) The executive and judicial branches of State government in each Participating 13 State shall enforce this Compact and take all actions necessary and appropriate 14 to implement the Compact. 15 (2) Venue is proper and judicial proceedings by or against the Commission shall 16 be brought solely and exclusively in a court of competent jurisdiction where 17 the principal office of the Commission is located. The Commission may waive 18 venue and jurisdictional defenses to the extent it adopts or consents to 19 participate in alternative dispute resolution proceedings. Nothing herein shall 20 affect or limit the selection or propriety of venue in any action against a 21 Licensee for professional malpractice, misconduct, or any such similar matter. 22 (3) The Commission shall be entitled to receive service of process in any 23 proceeding regarding the enforcement or interpretation of the Compact or the 24 Commission's Rules and shall have standing to intervene in such a proceeding 25 for all purposes. Failure to provide the Commission with service of process 26 shall render a judgment or order in such proceeding void as to the 27 Commission, this Compact, or Commission Rules. 28 (b) Default, Technical Assistance, and Termination: 29 (1) If the Commission determines that a Participating State has defaulted in the 30 performance of its obligations or responsibilities under this Compact or the 31 Commission Rules, the Commission shall provide written notice to the 32 defaulting State and other Participating States. The notice shall describe the 33 default, the proposed means of curing the default, and any other action that 34 the Commission may take and shall offer remedial training and specific 35 technical assistance regarding the default. 36 (2) If a State in default fails to cure the default, the defaulting State may be 37 terminated from this Compact upon an affirmative vote of a majority of the 38 delegates of the Participating States, and all rights, privileges, and benefits 39 conferred by this Compact upon such State may be terminated on the effective 40 date of termination. A cure of the default does not relieve the offending State 41 of obligations or liabilities incurred during the period of default. 42 (3) Termination of participation in this Compact shall be imposed only after all 43 other means of securing compliance have been exhausted. Notice of intent to 44 suspend or terminate shall be given by the Commission to the governor, the 45 majority and minority leaders of the defaulting State's legislature, and to the 46 Licensing Board(s) of each of the Participating States. 47 (4) A State that has been terminated is responsible for all assessments, 48 obligations, and liabilities incurred through the effective date of termination, 49 including obligations that extend beyond the effective date of termination. 50 General Assembly Of North Carolina Session 2025 Page 14 DRS15068-NBf-60 (5) The Commission shall not bear any costs related to a State that is found to be 1 in default or that has been terminated from this Compact, unless agreed upon 2 in writing between the Commission and the defaulting State. 3 (6) The defaulting State may appeal its termination from the Compact by the 4 Commission by petitioning the United States District Court for the District of 5 Columbia or the federal district where the Commission has its principal 6 offices. The prevailing member shall be awarded all costs of such litigation, 7 including reasonable attorneys' fees. 8 (7) Upon the termination of a State's participation in the Compact, the State shall 9 immediately provide notice to all Licensees within that State of such 10 termination: 11 a. Licensees who have been granted a Compact Privilege in that State 12 shall retain the Compact Privilege for 180 days following the effective 13 date of such termination. 14 b. Licensees who are licensed in that State who have been granted a 15 Compact Privilege in a Participating State shall retain the Compact 16 Privilege for 180 days unless the Licensee also has a Qualifying 17 License in a Participating State or obtains a Qualifying License in a 18 Participating State before the 180-day period ends, in which case the 19 Compact Privilege shall continue. 20 (c) Dispute Resolution: 21 (1) Upon request by a Participating State, the Commission shall attempt to resolve 22 disputes related to this Compact that arise among Participating States and 23 between Participating and non-Participating States. 24 (2) The Commission shall promulgate a Rule providing for both mediation and 25 binding dispute resolution for disputes as appropriate. 26 (d) Enforcement: 27 (1) The Commission, in the reasonable exercise of its discretion, shall enforce the 28 provisions of this Compact and Rules of the Commission. 29 (2) If compliance is not secured after all means to secure compliance have been 30 exhausted, by majority vote, the Commission may initiate legal action in the 31 United States District Court for the District of Columbia or the federal district 32 where the Commission has its principal offices, against a Participating State 33 in default to enforce compliance with the provisions of this Compact and the 34 Commission's promulgated Rules and bylaws. The relief sought may include 35 both injunctive relief and damages. In the event judicial enforcement is 36 necessary, the prevailing party shall be awarded all costs of such litigation, 37 including reasonable attorneys' fees. 38 (3) The remedies herein shall not be the exclusive remedies of the Commission. 39 The Commission may pursue any other remedies available under federal or 40 State law. 41 (e) Legal Action Against the Commission: 42 (1) A Participating State may initiate legal action against the Commission in the 43 United States District Court for the District of Columbia or the federal district 44 where the Commission has its principal offices to enforce compliance with the 45 provisions of the Compact and its Rules. The relief sought may include both 46 injunctive relief and damages. In the event judicial enforcement is necessary, 47 the prevailing party shall be awarded all costs of such litigation, including 48 reasonable attorneys' fees. 49 (2) No person other than a Participating State shall enforce this Compact against 50 the Commission. 51 General Assembly Of North Carolina Session 2025 DRS15068-NBf-60 Page 15 "§ 90-270.210. Date of implementation of the PA Licensure Compact Commission. 1 (a) This Compact shall come into effect on the date on which this Compact statute is 2 enacted into law in the seventh Participating State. 3 (1) On or after the effective date of the Compact, the Commission shall convene 4 and review the enactment of each of the States that enacted the Compact prior 5 to the Commission convening ("Charter Participating States") to determine if 6 the statute enacted by each such Charter Participating State is materially 7 different than the Model Compact. 8 a. A Charter Participating State whose enactment is found to be 9 materially different from the Model Compact shall be entitled to the 10 default process set forth in G.S. 90-270.209(b). 11 b. If any Participating State later withdraws from the Compact or its 12 participation is terminated, the Commission shall remain in existence 13 and the Compact shall remain in effect even if the number of 14 Participating States should be less than seven. Participating States 15 enacting the Compact subsequent to the Commission convening shall 16 be subject to the process set forth in G.S. 90-270.206(c)(21) to 17 determine if their enactments are materially different from the Model 18 Compact and whether they qualify for participation in the Compact. 19 (2) Participating States enacting the Compact subsequent to the seven initial 20 Charter Participating States shall be subject to the process set forth in 21 G.S. 90-270.206(c)(21) to determine if their enactments are materially 22 different from the Model Compact and whether they qualify for participation 23 in the Compact. 24 (3) All actions taken for the benefit of the Commission or in furtherance of the 25 purposes of the administration of the Compact prior to the effective date of 26 the Compact or the Commission coming into existence shall be considered to 27 be actions of the Commission unless specifically repudiated by the 28 Commission. 29 (b) Any State that joins this Compact shall be subject to the Commission's Rules and 30 bylaws as they exist on the date on which this Compact becomes law in that State. Any Rule that 31 has been previously adopted by the Commission shall have the full force and effect of law on the 32 day this Compact becomes law in that State. 33 (c) Any Participating State may withdraw from this Compact by enacting a statute 34 repealing the same. 35 (1) A Participating State's withdrawal shall not take effect until 180 days after 36 enactment of the repealing statute. During this 180-day period, all Compact 37 Privileges that were in effect in the withdrawing State and were granted to 38 Licensees licensed in the withdrawing State shall remain in effect. If any 39 Licensee licensed in the withdrawing State is also licensed in another 40 Participating State or obtains a license in another Participating State within 41 the 180 days, the Licensee's Compact Privileges in other Participating States 42 shall not be affected by the passage of the 180 days. 43 (2) Withdrawal shall not affect the continuing requirement of the State Licensing 44 Board(s) of the withdrawing State to comply with the investigative and 45 Adverse Action reporting requirements of this Compact prior to the effective 46 date of withdrawal. 47 (3) Upon the enactment of a statute withdrawing a State from this Compact, the 48 State shall immediately provide notice of such withdrawal to all Licensees 49 within that State. Such withdrawing State shall continue to recognize all 50 General Assembly Of North Carolina Session 2025 Page 16 DRS15068-NBf-60 Licenses granted pursuant to this Compact for a minimum of 180 days after 1 the date of such notice of withdrawal. 2 (d) Nothing contained in this Compact shall be construed to invalidate or prevent any PA 3 licensure agreement or other cooperative arrangement between Participating States and between 4 a Participating State and non-Participating State that does not conflict with the provisions of this 5 Compact. 6 (e) This Compact may be amended by the Participating States. No amendment to this 7 Compact shall become effective and binding upon any Participating State until it is enacted 8 materially in the same manner into the laws of all Participating States as determined by the 9 Commission. 10 "§ 90-270.211. Construction and severability. 11 (a) This Compact and the Commission's rulemaking authority shall be liberally construed 12 so as to effectuate the purposes and the implementation and administration of the Compact. 13 Provisions of the Compact expressly authorizing or requiring the promulgation of Rules shall not 14 be construed to limit the Commission's rulemaking authority solely for those purposes. 15 (b) The provisions of this Compact shall be severable and if any phrase, clause, sentence, 16 or provision of this Compact is held by a court of competent jurisdiction to be contrary to the 17 constitution of any Participating State, a State seeking participation in the Compact, or of the 18 United States, or the applicability thereof to any government, agency, person, or circumstance is 19 held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of 20 this Compact and the applicability thereof to any other government, agency, person, or 21 circumstance shall not be affected thereby. 22 (c) Notwithstanding subsection (b) of this section, the Commission may deny a State's 23 participation in the Compact or, in accordance with the requirements of G.S. 90-270.209(b), 24 terminate a Participating State's participation in the Compact, if it determines that a constitutional 25 requirement of a Participating State is, or would be with respect to a State seeking to participate 26 in the Compact, a material departure from the Compact. Otherwise, if this Compact shall be held 27 to be contrary to the constitution of any Participating State, the Compact shall remain in full force 28 and effect as to the remaining Participating States and in full force and effect as to the 29 Participating State affected as to all severable matters. 30 "§ 90-270.212. Binding effect of Compact. 31 (a) Nothing herein prevents the enforcement of any other law of a Participating State that 32 is not inconsistent with this Compact. 33 (b) Any laws in a Participating State in conflict with this Compact are superseded to the 34 extent of the conflict. 35 (c) All agreements between the Commission and the Participating States are binding in 36 accordance with their terms." 37 SECTION 1.(b) G.S. 90-9.3 reads as rewritten: 38 "§ 90-9.3. Requirements for licensure as a physician assistant. 39 (a) To be eligible for licensure as a physician assistant, an applicant shall submit proof 40 satisfactory to the Board that the applicant has met all of the following: 41 (1) The applicant has successfully completed an educational program for 42 physician assistants or surgeon assistants accredited by the Accreditation 43 Review Commission on Education for the Physician Assistant or its 44 predecessor or successor entities. 45 (2) The applicant has a current or previous certification issued by the National 46 Commission on Certification of Physician Assistants or its successor. 47 (3) The applicant is of good moral character. 48 (a1) A physician assistant applying for licensure under Article 18J of this Chapter shall be 49 in compliance with that Article. 50 General Assembly Of North Carolina Session 2025 DRS15068-NBf-60 Page 17 (b) Before initiating practice of medical acts, tasks, or functions as a physician assistant, 1 the physician assistant shall provide the Board the name, address, and telephone number of the 2 physician who will supervise the physician assistant in the relevant medical setting. 3 (c) The Board may, by rule, require an applicant to comply with other requirements or 4 submit additional information the Board deems appropriate." 5 SECTION 1.(c) G.S. 90-13.2(a) reads as rewritten: 6 "(a) Every licensee shall register annually with the Board no later than 30 days after the 7 person's birthday. Every privilege holder shall register annually with the Board as required by 8 Article 18J of Chapter 90 of the General Statutes and any rules adopted by the PA Licensure 9 Compact Commission." 10 SECTION 2. This act becomes effective October 1, 2025. 11