Oklahoma 2024 Regular Session

Oklahoma House Bill HB3781 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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3	34		BILL NO. 3781 By: Duel of the House
4	35
5	36		and
6	37
7	38		Pugh of the Senate
8		-
9	39
10	40
11	41
12	42
13	43		An Act relating to physician assistants; creating the
14	44		PA Licensure Compact; stating purpose; defining
15	45		terms; providing requirements f or state participation
16	46		in the Compact; providing for Compact privilege;
17	47		providing for state designation; providing for
18	48		adverse actions; establishing the PA Licensure
19	49		Compact Commission; providing for data and reporting
20	50		system; providing for rulemaking; pro viding for
21	51		oversight, dispute resolution, and enforcement;
22	52		providing for implementation of the Commission;
23	53		providing for construction and severability;
24	54		providing for binding effect of Compact; providing
25	55		for codification; and providing an effective date .
26	56
27	57
28	58
29		-
30		-	SUBJECT: Physician assistants
31		-
32	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
33		-
34	60		SECTION 1. NEW LAW A new section of law to be codified
35	61		in the Oklahoma Statutes as Section 545.1 of Title 59, unless there
36	62		is created a duplication in numbering, reads as follow s:
37		-
38	63		In order to strengthen access to medical services and in
39	64		recognition of the advances in the delivery of medical services, the
40	65		participating states of the PA Licensure Compact have allied in
41	66		common purpose to develop a comprehensive process that compl ements
42	67		the existing authority of state licensing boards to license and
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43	95		discipline physician assistants , or PAs, and seeks to enhance the
44	96		portability of a license to practice as a PA while safeguarding the
45	97		safety of patients. The Compact allows medical servic es to be
46		-	provided by PAs via the mutual recognition of the licensee's ~~ENR. H. B. NO. 3781 Page 2~~
	98	+	provided by PAs via the mutual recognition of the licensee 's
47	99		qualifying license by other Compact participating states. The
48	100		Compact also adopts the prevailing standard for PA licensure and
49	101		affirms that the practice and delivery of medical services by the PA
50	102		occurs where the patient is located at the time of the patient
51	103		encounter and therefore requires the PA to be under the jurisdiction
52	104		of the state licensing board where the patient is located. State
53	105		licensing boards that participate in th e Compact retain the
54	106		jurisdiction to impose adverse action against a Compact privilege in
55	107		that state issued to a PA through the procedures of th e Compact.
56	108		The PA Licensure Compact will alleviate burdens for military
57	109		families by allowing active duty military pe rsonnel and their
58	110		spouses to obtain a Compact privilege based on having an
59	111		unrestricted license in good standing from a participating state.
60		-
61	112		SECTION 2. NEW LAW A new section of law to be codified
62	113		in the Oklahoma Statutes as Section 545.2 of Title 59, unless there
63	114		is created a duplication in numbering, reads as follows:
64		-
65	115		As used in the Compact:
66		-
67	116		1. "Adverse action" means any administrative, civil, equitable,
68	117		or criminal action permitted by a state's laws which is imposed by a
69	118		licensing board or other authority against a PA license or license
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70	146		application or Compact privilege such as license denial, censure,
71	147		revocation, suspension, probation, monitoring of the licensee, or
72	148		restriction on the licensee's practice;
73		-
74	149		2. "Compact privilege" means the authorization granted by a
75	150		remote state to allow a licensee from another participating state to
76	151		practice as a PA to provide medical services and other licensed
77	152		activity to a patient located in the remote state under the remote
78	153		state's laws and regulations;
79		-
80	154		3. "Conviction" means a finding by a court that an individual
81	155		is guilty of a felony or misdemeanor offense through adjudication or
82	156		entry of a plea of guilt or no contest to the charge by the
83	157		offender;
84		-
85	158		4. "Criminal background check" means the submission of
86	159		fingerprints or other biometric -based information for a license
87	160		applicant for the purpose of obtaining that applicant 's criminal
88	161		history record information, as defined in 28 C.F.R. , Section
89	162		20.3(d), from the state's criminal history record repos itory as
90	163		defined in 28 C.F.R. , Section 20.3(f);
91		-	ENR. H. B. NO. 3781 Page 3
92	164		5. "Data system" means the repository of information about
93	165		licensees, including, but not limited to, license status and adverse
94	166		actions, which is created and administered under the terms of th e
95	167		Compact;
96	168
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97	195		6. "Executive committee" means a group of directors and ex
98	196		officio individuals elected or appointed pursuant to paragraph 2 of
99	197		subsection F of Section 7 of this Compact;
100		-
101	198		7. "Impaired practitioner" means a PA whose practice is
102	199		adversely affected by health -related conditions that impact his or
103	200		her ability to practice;
104		-
105	201		8. "Investigative information" means information, records, or
106	202		documents received or generated by a licensing board pursuant to an
107	203		investigation;
108		-
109	204		9. "Jurisprudence requirement" means the assessment of an
110	205		individual's knowledge of the laws and rules governing the practice
111	206		of a PA in a state;
112		-
113	207		10. "License" means current authorization by a state, other
114	208		than authorization pursuant to a Compact privilege, for a PA to
115	209		provide medical services, which would be unlawful without current
116	210		authorization;
117		-
118	211		11. "Licensee" means an individual who holds a license from a
119	212		state to provide medical services as a PA;
120		-
121	213		12. "Licensing board" means any state entity authorized to
122	214		license and otherwise regulate PAs ;
123		-
124	215		13. "Medical services" means health care services provided for
125	216		the diagnosis, prevention, treatment, cure , or relief of a health
126	217		condition, injury, or disease, as defined by a state's laws and
127	218		regulations;
128	219
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129	246		14. "Model Compact" means the model for the PA Licensur e
130	247		Compact on file with The Council of State Governments or other
131	248		entity as designated by the Commission ;
132		-
133	249		15. "Participating state" means a state that has enacted th e
134	250		Compact;
135		-	ENR. H. B. NO. 3781 Page 4
136	251		16. "PA" means an individual who is licensed as a physician
137	252		assistant in a state. For purposes of the Compact, any other title
138	253		or status adopted by a state to replace the term "physician
139	254		assistant" shall be deemed synonymous with "physician assistant" and
140	255		shall confer the same rights and responsibilities to the licensee
141	256		under the provisions of the Compact at the time of its enactment ;
142		-
143	257		17. "PA Licensure Compact Commission", "Compact Commission", or
144	258		"Commission" means the national administrative body created pursuant
145	259		to subsection A of Section 7 of this Compact;
146		-
147	260		18. "Qualifying license" means an unrestricted license issued
148	261		by a participating state to provide medical services as a PA;
149		-
150	262		19. "Remote state" means a participating state where a licensee
151	263		who is not licensed as a PA is exercising or seeking to exercise the
152	264		Compact privilege;
153		-
154	265		20. "Rule" means a regulation promulgated by an entity that has
155	266		the force and effect of law ;
156		-
157	267		21. "Significant investigative information" means investigative
158	268		information that a licensing board, after an inquiry or
159	269		investigation that includes notification and an opportunity for the
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160	297		PA to respond if required by state law, has reason to believe is not
161	298		groundless and, if proven true, would indicate more than a minor
162	299		infraction; and
163		-
164	300		22. "State" means any state, commonwealth, district, or
165	301		territory of the Unite d States.
166		-
167	302		SECTION 3. NEW LAW A new section of law to be codified
168	303		in the Oklahoma Statutes as Section 545.3 of Title 59, unless there
169	304		is created a duplication in numbering, reads as follows:
170		-
171	305		A. To participate in th e Compact, a participating state shall:
172		-
173	306		1. License PAs;
174		-
175	307		2. Participate in the Compact Commission's data system;
176		-
177	308		3. Have a mechanism in place for receiving and investigating
178	309		complaints against licensees and license applicants;
179		-	ENR. H. B. NO. 3781 Page 5
180	310		4. Notify the Commission, in compliance with the terms of the
181	311		Compact and Commission rules, of any adverse action against a
182	312		licensee or license applicant and the existence of significant
183	313		investigative information regarding a licensee or license applicant ;
184		-
185	314		5. Fully implement a criminal background check requirement
186	315		within a time frame established by Commission rule, by its licensing
187	316		board receiving the results of a criminal background check , and
188	317		reporting to the Commission whether the license applicant has been
189	318		granted a license;
190		-
191	319		6. Comply with the r ules of the Compact Commission;
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193	347		7. Utilize passage of a recognized national exam such as the
194	348		NCCPA PANCE as a requirement for PA licensure ; and
195		-
196	349		8. Grant the Compact privilege to a holder of a qualifying
197	350		license in a participating state .
198		-
199	351		B. Nothing in the Compact prohibits a participating state from
200	352		charging a fee for granting the Compact privilege.
201		-
202	353		SECTION 4. NEW LAW A new section of law to be codified
203	354		in the Oklahoma Statutes as Section 545.4 of Title 59, unless there
204	355		is created a duplication in numbering, reads as follows:
205		-
206	356		A. To exercise the Compact privilege, a licensee shall:
207		-
208	357		1. Have graduated from a PA program accredited by the
209	358		Accreditation Review Commission on Education for the Physician
210	359		Assistant, Inc., or other programs au thorized by Commission rule;
211		-
212	360		2. Hold current NCCPA certification ;
213		-
214	361		3. Have no felony or misdemeanor conviction;
215		-
216	362		4. Have never had a controlled substance license, permit, or
217	363		registration suspended or revoked by a state or by the United States
218	364		Drug Enforcement Administration;
219		-
220	365		5. Have a unique identifier as determined by Commission rule;
221		-
222	366		6. Hold a qualifying license;
223		-	ENR. H. B. NO. 3781 Page 6
224	367		7. Have had no revocation of a license or limitation or
225	368		restriction on any license currently held due to an adverse action ;
226		-
227	369		8. If a licensee has had a limitation or restriction on a
228	370		license or Compact privilege due to an adverse action, two (2) years
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229	398		must have elapsed from the date on which the license or Compact
230	399		privilege is no longer limited or restricted due to the adverse
231	400		action;
232		-
233	401		9. If a Compact privilege has been revoked or is limited or
234	402		restricted in a participating state for conduct that would not be a
235	403		basis for disciplinary action in a participating state in which the
236	404		licensee is practicing or applying to practice under a Compact
237	405		privilege, that participating state shall have the discretion not to
238	406		consider such action as an adverse action requiring the denial or
239	407		removal of a Compact privilege in that state;
240		-
241	408		10. Notify the Compact Commission that the licensee is seeking
242	409		the Compact privilege in a remote state;
243		-
244	410		11. Meet any jurisprudence requirement of a remote state in
245	411		which the licensee is seeking to practice under the Compact
246	412		privilege and pay any fees applicable to satisfying the
247	413		jurisprudence requirement; and
248		-
249	414		12. Report to the Commission any adverse action taken by a
250	415		nonparticipating state within thirty (30) days after the action is
251	416		taken.
252		-
253	417		B. The Compact privilege is valid until the expiration or
254	418		revocation of the qualifying license unless terminated pursuant to
255	419		an adverse action. The licensee must also comply with all of the
256	420		requirements of subsection A of this section to maintain the Compact
257	421		privilege in a remote state. If the participating state takes
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258	449		adverse action against a qualifying license, the licensee shall lose
259	450		the Compact privilege in any remote state in which the licensee has
260	451		a Compact privilege until all of the following occur:
261		-
262	452		1. The license is no longer limited or restricted; and
263		-
264	453		2. Two (2) years have elapsed from the date on which the
265	454		license is no longer lim ited or restricted due to the adverse
266	455		action.
267		-	ENR. H. B. NO. 3781 Page 7
268	456		C. Once a restricted or limited license satisfies the
269	457		requirements of paragraphs 1 and 2 of s ubsection B of this section,
270	458		the licensee must meet the requirements of subsection A of this
271	459		section to obtain a Compact privilege in any remote state.
272		-
273	460		D. For each remote state in which a PA seeks authority to
274	461		prescribe controlled substances, the PA shall satisfy all
275	462		requirements imposed by such state in granting or renewing such
276	463		authority.
277		-
278	464		SECTION 5. NEW LAW A new section of law to be codified
279	465		in the Oklahoma Statutes as Section 545.5 of Title 59, unless there
280	466		is created a duplication in numbering, reads as follows:
281		-
282	467		Upon a licensee's application for a Compact privilege, the
283	468		licensee shall identify to the Commission the participating state
284	469		from which the licensee is applying, in accordance with applicable
285	470		rules adopted by the Commission, and subject to the following
286	471		requirements:
287	472
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288	499		1. When applying for a Compact privilege, the licensee shall
289	500		provide the Commission with the address of the licensee 's primary
290	501		residence and thereafter shall immediately report to the Commission
291	502		any change in the address of the licensee 's primary residence; and
292		-
293	503		2. When applying for a Compact privilege, the licensee is
294	504		required to consent to accept service of process by mail at the
295	505		licensee's primary residence on file with the Commission with
296	506		respect to any action brought against the licensee by the Commission
297	507		or a participating state, including a subpoena, with respect to any
298	508		action brought or investigation conducted by the Commission or a
299	509		participating state.
300		-
301	510		SECTION 6. NEW LAW A new section of law to be codified
302	511		in the Oklahoma Statutes as Section 545.6 of Title 59, unless there
303	512		is created a duplicat ion in numbering, reads as follows:
304		-
305	513		A. A participating state in which a licensee is licensed shall
306	514		have exclusive power to impose adverse action against the qualifying
307	515		license issued by that participating state .
308		-
309	516		B. In addition to the other powers conf erred by state law, a
310	517		remote state shall have the authority, in accordance with existing
311	518		state due process law, to do all of the following :
312		-	ENR. H. B. NO. 3781 Page 8
313	519		1. Take adverse action against a PA's Compact privilege within
314	520		that state to remove a licensee 's Compact privilege or take other
315	521		action necessary under applicable law to protect the health and
316	522		safety of its citizens;
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317	549
318	550		2. Issue subpoenas for both hearings and investigations that
319	551		require the attendance and testimony of witnesses , as well as the
320	552		production of evidence. Subpoenas issued by a licensing board in a
321	553		participating state for the attendance and testimony of witnesses or
322	554		the production of evidence from another participating state shall be
323	555		enforced in the latter state by any court of competent jurisdiction,
324	556		according to the practice and procedure of that court applicable to
325	557		subpoenas issued in proceedings pending before it. The issuing
326	558		authority shall pay any witness fees, travel expenses, mileage , and
327	559		other fees required by the service statutes of the state in whi ch
328	560		the witnesses or evidence are located;
329		-
330	561		3. Notwithstanding paragraph 2 of this subsection, subpoenas
331	562		may not be issued by a participating state to gather evidence of
332	563		conduct in another state that is lawful in that other state for the
333	564		purpose of taking adve rse action against a licensee 's Compact
334	565		privilege or application for a Compact privilege in that
335	566		participating state; and
336		-
337	567		4. Nothing in the Compact authorizes a participating state to
338	568		impose discipline against a PA 's Compact privilege or to deny an
339	569		application for a Compact privilege in that participating state for
340	570		the individual's otherwise lawful practice in another state .
341		-
342	571		C. For purposes of taking adverse action, the participating
343	572		state which issued the qualifying license shall give the same
344	573		priority and effect to reported conduct received from any other
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345	601		participating state as it would if the conduct had occurred within
346	602		the participating state which issued the qualifying license. In so
347	603		doing, that participating state shall apply its own state laws t o
348	604		determine appropriate action.
349		-
350	605		D. A participating state, if otherwise permitted by state law,
351	606		may recover from the affected PA the costs of investigations and
352	607		disposition of cases resulting from any adverse action taken against
353	608		that PA.
354		-
355	609		E. A participating state may take adverse action based on the
356	610		factual findings of a remote state, provided that the participating
357		-	state follows its own procedu res for taking the adverse action . ENR. H. B. NO. 3781 Page 9
358		-
	611	+	state follows its own procedures for taking the adverse action.
359	612		F. Joint investigations:
360		-
361	613		1. In addition to the authority granted to a partic ipating
362	614		state by its respective state PA laws and regulations or other
363	615		applicable state law, any participating state may participate with
364	616		other participating states in joint investigations of licensees ; and
365		-
366	617		2. Participating states shall share any investigati ve,
367	618		litigation, or compliance materials in furtherance of any joint or
368	619		individual investigation initiated under th e Compact.
369		-
370	620		G. If an adverse action is taken against a PA's qualifying
371	621		license, the PA's Compact privilege in all remote states shall be
372	622		deactivated until two (2) years have elapsed after all restrictions
373	623		have been removed from the state license . All disciplinary orders
374	624		by the participating state which issued the qualifying license that
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375	652		impose adverse action against a PA's license shall include a
376	653		statement that the PA's Compact privilege is deactivated in all
377	654		participating states during the pendency of the order .
378		-
379	655		H. If any participating state takes adverse action, it promptly
380	656		shall notify the administrator of the data system .
381		-
382	657		SECTION 7. NEW LAW A new section of law to be codified
383	658		in the Oklahoma Statutes as Section 545.7 of Title 59, unless there
384	659		is created a duplication in numbering, reads as follows:
385		-
386	660		A. The participating states hereby create and establish a joint
387	661		government agency and national administrative body known as the PA
388	662		Licensure Compact Commission. The Commission is an instrumentality
389	663		of the Compact states acting jointly and not an instrumentality of
390	664		any one state. The Commission shall come into existence on or after
391	665		the effective date of the Compact as set forth in subsection A of
392	666		Section 11.
393		-
394	667		B. Membership, voting, and meetings:
395		-
396	668		1. Each participating state shall have and be limited to one
397	669		delegate selected by that participating state 's licensing board or,
398	670		if the state has more than one licensing board, selected
399	671		collectively by the participating state 's licensing boards;
400		-
401	672		2. The delegate shall be either:
402		-	ENR. H. B. NO. 3781 Page 10
403	673		a. a current PA, physician , or public member of a
404	674		licensing board or PA council/committee, or
405		-
406	675		b. an administrator of a licensing board;
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407	702
408	703		3. Any delegate may be removed or suspended from office as
409	704		provided by the laws of the state from which the delegate is
410	705		appointed;
411		-
412	706		4. The participating state licensing board shall fill any
413	707		vacancy occurring in the Commission within sixty (60) days;
414		-
415	708		5. Each delegate shall be entitled to one vote on all matters
416	709		voted on by the Commission and shall otherwise have an opportunity
417	710		to participate in the business and affairs of the Commission. A
418	711		delegate shall vote in person or by such other means as provided in
419	712		the bylaws. The bylaws may provide for delegates ' participation in
420	713		meetings by telecommunications, video conference, or other means of
421	714		communication;
422		-
423	715		6. The Commission shall meet at least once during each calendar
424	716		year. Additional meetings shall be held as set forth in th e Compact
425	717		and the bylaws; and
426		-
427	718		7. The Commission shall establish by rule a term of office for
428	719		delegates.
429		-
430	720		C. The Commission shall have the following powers and duties:
431		-
432	721		1. Establish a code of ethics fo r the Commission;
433		-
434	722		2. Establish the fiscal year of the Commission;
435		-
436	723		3. Establish fees;
437		-
438	724		4. Establish bylaws;
439		-
440	725		5. Maintain its financial records in accordance with the
441	726		bylaws;
442	727
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443	754		6. Meet and take such actions as are consistent with the
444	755		provisions of the Compact and the bylaws;
445		-	ENR. H. B. NO. 3781 Page 11
446	756		7. Promulgate rules to facilitate and coordinate implementation
447	757		and administration of th e Compact. The rules shall have the force
448	758		and effect of law and shall be binding in all participating states ;
449		-
450	759		8. Bring and prosecute legal proceed ings or actions in the name
451	760		of the Commission, provided that the standing of any state licensing
452	761		board to sue or be sued under applicable law shall not be affected;
453		-
454	762		9. Purchase and maintain insurance and bonds;
455		-
456	763		10. Borrow, accept, or contract for services o f personnel,
457	764		including, but not limited to, employees of a participating state;
458		-
459	765		11. Hire employees and engage contractors, elect or appoint
460	766		officers, fix compensation, define duties, grant such individuals
461	767		appropriate authority to carry out the purpose s of the Compact, and
462	768		establish the Commission 's personnel policies and programs relating
463	769		to conflicts of interest, qualifications of personnel, and other
464	770		related personnel matters;
465		-
466	771		12. Accept any and all appropriate donations and grants of
467	772		money, equipment, supplies, materials, and services, and receive,
468	773		utilize, and dispose of the same , provided that at all times the
469	774		Commission shall avoid any appearance of impropriety or conflict of
470	775		interest;
471		-
472	776		13. Lease, purchase, accept appropriate gifts or donations o f,
473	777		or otherwise own, hold, improve , or use, any property, real,
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474	805		personal or mixed, provided that at all times the Commission shall
475	806		avoid any appearance of impropriety;
476		-
477	807		14. Sell, convey, mortgage, pledge, lease, exchange, abandon,
478	808		or otherwise dispose of any property, real, personal, or mixed;
479		-
480	809		15. Establish a budget and make expenditures;
481		-
482	810		16. Borrow money;
483		-
484	811		17. Appoint committees, including standing committees , composed
485	812		of members, state regulators, state legislators or their
486	813		representatives, and consumer representatives and such other
487	814		interested persons as may be designated in th e Compact and the
488	815		bylaws;
489		-	ENR. H. B. NO. 3781 Page 12
490	816		18. Provide and receive information from, and cooperate with,
491	817		law enforcement agencies;
492		-
493	818		19. Elect a chair, vice-chair, secretary and treasurer , and
494	819		such other officers of the Commission as provided in the
495	820		Commission's bylaws;
496		-
497	821		20. Reserve for itself, in addition to those reserved
498	822		exclusively to the Commission under the Compact, powers that the
499	823		executive committee may not exercise;
500		-
501	824		21. Approve or disapprove a state's participation in the
502	825		Compact based upon its determination as to whether the state's
503	826		Compact legislation departs in a material manner from the model
504	827		Compact language;
505	828
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506	855		22. Prepare and provide to the participating states an annual
507	856		report; and
508		-
509	857		23. Perform such other functions as may be necessary or
510	858		appropriate to achieve the purposes of th e Compact consistent with
511	859		the state regulation of PA licensure and practice.
512		-
513	860		D. Meetings of the Commission :
514		-
515	861		1. All meetings of the Commission that are not cl osed pursuant
516	862		to this subsection shall be open to the public. Notice of public
517	863		meetings shall be posted on the Commission 's website at least thirty
518	864		(30) days prior to the public meeting ;
519		-
520	865		2. Notwithstanding paragraph 1 of this subsection, the
521	866		Commission may convene a public meeting by providing at least
522	867		twenty-four (24) hours prior notice on the Commission 's website, and
523	868		any other means as provided in the Commission 's rules, for any of
524	869		the reasons it may dispense with notice of proposed rulemaking under
525	870		subsection L of Section 9 of this Compact;
526		-
527	871		3. The Commission may convene in a closed, nonpublic meeting or
528	872		nonpublic part of a public meeting to receive legal advice or to
529	873		discuss:
530		-
531	874		a. noncompliance of a participating state with its
532	875		obligations under th e Compact,
533		-	ENR. H. B. NO. 3781 Page 13
534	876		b. the employment, compensation, discipline , or other
535	877		matters, practices, or procedures, related to specific
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536	905		employees or other matters related to the Commission 's
537	906		internal personnel practices and procedures,
538		-
539	907		c. current, threatened, or reasonably ant icipated
540	908		litigation,
541		-
542	909		d. negotiation of contracts for the purchase, lease, or
543	910		sale of goods, services, or real estate,
544		-
545	911		e. accusing any person of a crime or formally censuring
546	912		any person,
547		-
548	913		f. disclosure of trade secrets or commercial or financial
549	914		information that is privileged or confidential,
550		-
551	915		g. disclosure of information of a personal nature where
552	916		disclosure would constitute a clearly unwarranted
553	917		invasion of personal privacy,
554		-
555	918		h. disclosure of investigative records compiled for law
556	919		enforcement purposes,
557		-
558	920		i. disclosure of information related to any investigative
559	921		reports prepared by or on behalf of or for use of the
560	922		Commission or other committee charged with
561	923		responsibility of investigation or determination of
562	924		compliance issues pursuant to th e Compact,
563		-
564	925		j. legal advice, or
565		-
566	926		k. matters specifically exempted from disclosure by
567	927		federal or participating states ' statutes;
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568	954
569	955		4. If a meeting, or portion of a meeting, is closed pursuant to
570	956		this subsection, the chair of the meeting or the chair 's designee
571	957		shall certify that the meeting or portion of the meeting may be
572	958		closed and shall reference each relevant exempting provision ; and
573		-
574	959		5. The Commission shall keep minutes that fully and clearly
575	960		describe all matters discussed in a meeting and shall provide a full
576	961		and accurate summary of actions taken, including a description of
577	962		the views expressed. All documents considered in connection with an
578		-	action shall be identified in such minutes. All minutes and ~~ENR. H. B. NO. 3781 Page 14~~
	963	+	action shall be identified in such minutes. All minutes and
579	964		documents of a closed meeting shall remain under seal, subject to
580	965		release by a majority vote of the Commission or order of a court of
581	966		competent jurisdiction .
582		-
583	967		E. Financing of the Commission :
584		-
585	968		1. The Commission shall pay, or provide for the payment of, the
586	969		reasonable expenses of its establishment, organization, and ongoing
587	970		activities;
588		-
589	971		2. The Commission may accept any and all appropriate revenue
590	972		sources, donations, and grants of money, equipment, supplies,
591	973		materials, and services ; and
592		-
593	974		3. The Commission may levy on and collect an annual assessment
594	975		from each participating state and may impose Compact privilege fees
595	976		on licensees of participating states to whom a Compact privilege is
596	977		granted to cover the cost of the operations and activities of the
597	978		Commission and its staff, which must be in a total amount sufficient
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598	1006		to cover its annual budge t as approved by the Commission each year
599	1007		for which revenue is not provided by other sources. The aggregate
600	1008		annual assessment amount levied on participating states shall be
601	1009		allocated based upon a formula to be determined by Commission rule.
602		-
603	1010		a. a Compact privilege expires when the licensee 's
604	1011		qualifying license in the participating state from
605	1012		which the licensee applied for the Compact privilege
606	1013		expires, and
607		-
608	1014		b. if the licensee terminates the qualifying license
609	1015		through which the licensee applied for the Compact
610	1016		privilege before its scheduled expiration, and the
611	1017		licensee has a qualifying license in another
612	1018		participating state, the licensee shall inform the
613	1019		Commission that it is changing to that participating
614	1020		state the participating state through which it appl ies
615	1021		for a Compact privilege and pay to the Commission any
616	1022		Compact privilege fee required by Commission rule;
617		-
618	1023		4. The Commission shall not incur obligations of any kind prior
619	1024		to securing the funds adequate to meet the same , nor shall the
620	1025		Commission pledge the credit of any of the participating states,
621	1026		except by and with the authority of the participating state;
622		-	ENR. H. B. NO. 3781 Page 15
623	1027		5. The Commission shall keep accurate accounts of all receipts
624	1028		and disbursements. The receipts and disbursements of the Commission
625	1029		shall be subject to the financial review and accounting procedures
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626	1057		established under its bylaws. All receipts and disbursements of
627	1058		funds handled by the Commission shall be subject to an annual
628	1059		financial review by a certified or licensed public accountant, and
629	1060		the report of the financial review shall be included in and become
630	1061		part of the annual report of the Commission.
631		-
632	1062		F. The executive committee:
633		-
634	1063		1. The executive committee shall have the power to act on
635	1064		behalf of the Commission according to the terms of th e Compact and
636	1065		Commission rules;
637		-
638	1066		2. The executive committee shall be composed of nine (9)
639	1067		members:
640		-
641	1068		a. seven voting members who are elected by the Commission
642	1069		from the current membership of the Commission ,
643		-
644	1070		b. one ex officio, nonvoting member from a recognized
645	1071		national PA professional association , and
646		-
647	1072		c. one ex officio, nonvoting member from a recognized
648	1073		national PA certification organization;
649		-
650	1074		3. The ex officio members will be selected by their respective
651	1075		organizations;
652		-
653	1076		4. The Commission may remove any member of the executive
654	1077		committee as provided in its bylaws;
655		-
656	1078		5. The executive committee shall meet at least annually ;
657		-
658	1079		6. The executive committee shall have the following duties and
659	1080		responsibilities:
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660	1107
661	1108		a. recommend to the Commission changes to the
662	1109		Commission's rules or bylaws, changes to the Compact
663	1110		legislation, fees to be paid by Compact participating
664	1111		states such as annual dues, and any Commission Compact
665	1112		fee charged to licensees for the Compact privilege,
666		-	ENR. H. B. NO. 3781 Page 16
667	1113		b. ensure Compact administration services are
668	1114		appropriately provided, contractual or otherwise ,
669		-
670	1115		c. prepare and recommend the budget ,
671		-
672	1116		d. maintain financial records on behalf of the
673	1117		Commission,
674		-
675	1118		e. monitor Compact compliance of participating states and
676	1119		provide compliance reports to the Commission ,
677		-
678	1120		f. establish additional committee s as necessary,
679		-
680	1121		g. exercise the powers and duties of the Commission
681	1122		during the interim between Commission meetings, except
682	1123		for issuing proposed rulemaking or adopting Commission
683	1124		rules or bylaws, or exercising any other powers and
684	1125		duties exclusively rese rved to the Commission by the
685	1126		Commission's rules, and
686		-
687	1127		h. perform other duties as provided in the Commission 's
688	1128		rules or bylaws;
689		-
690	1129		7. All meetings of the executive committee at which it votes or
691	1130		plans to vote on matters in exercising the powers and duties of the
692	1131		Commission shall be open to the public , and public notice of such
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693	1159		meetings shall be given as public meetings of the Commission are
694	1160		given; and
695		-
696	1161		8. The executive committee may convene in a closed, nonpublic
697	1162		meeting for the same reasons that the Commissio n may convene in a
698	1163		nonpublic meeting as set forth in paragraph 3 of subsection D of
699	1164		this section and shall announce the closed meeting as the Commission
700	1165		is required to under paragraph 4 of subsection D of this section and
701	1166		keep minutes of the closed meeting as the Commission is required to
702	1167		under paragraph 5 of subsection D of this section.
703		-
704	1168		G. Qualified immunity, defense, and indemnification:
705		-
706	1169		1. The members, officers, executive director, employees , and
707	1170		representatives of the Commission shall be immune from suit and
708	1171		liability, both personally and in their official capacity, for any
709	1172		claim for damage to or loss of property or personal injury or other
710	1173		civil liability caused by or arising out of any actual or alleged
711		-	act, error, or omission that occurred, or that ~~the~~ person against ~~ENR. H. B. NO. 3781 Page 17~~
	1174	+	act, error, or omission that occurred, or that th e person against
712	1175		whom the claim is made had a reasonable basis for believing it
713	1176		occurred within the scope of Commission employment, duties , or
714	1177		responsibilities, provided that nothing in this paragraph shall be
715	1178		construed to protect any such person from s uit or liability for any
716	1179		damage, loss, injury, or liability caused by the intentional or
717	1180		willful or wanton misconduct of that person. The procurement of
718	1181		insurance of any type by the Commission shall not in any way
719	1182		compromise or limit the immunity granted her eunder;
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720	1209
721	1210		2. The Commission shall defend any member, officer, executive
722	1211		director, employee, and representative of the Commission in any
723	1212		civil action seeking to impose liability arising out of any actual
724	1213		or alleged act, error, or omission that occurred wi thin the scope of
725	1214		Commission employment, duties, or responsibilities, or as determined
726	1215		by the Commission that the person against whom the claim is made had
727	1216		a reasonable basis for believing occurred within the scope of
728	1217		Commission employment, duties, or respons ibilities, provided that
729	1218		nothing herein shall be construed to prohibit that person from
730	1219		retaining their own counsel at their own expense , and provided
731	1220		further, that the actual or alleged act, error, or omission did not
732	1221		result from that person 's intentional or willful or wanton
733	1222		misconduct;
734		-
735	1223		3. The Commission shall indemnify and hold harmless any member,
736	1224		officer, executive director, employee, and representative of the
737	1225		Commission for the amount of any settlement or judgment obtained
738	1226		against that person arising out of any actual or alleged act, error,
739	1227		or omission that occurred within the scope of Commission employment,
740	1228		duties, or responsibilities, or that such person had a reasonable
741	1229		basis for believing occurred within the scope of Commission
742	1230		employment, duties, or responsibilities, provided that the actual or
743	1231		alleged act, error, or omission did not result from the intentional
744	1232		or willful or wanton misconduct of that person ;
745	1233
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746	1260		4. Venue is proper and judicial proceedings by or against the
747	1261		Commission shall be brought solely and exclusively in a court of
748	1262		competent jurisdiction where the principal office of the Commission
749	1263		is located. The Commission may waive venue and jurisdictional
750	1264		defenses in any proceedings as authorized by Commission rules;
751		-
752	1265		5. Nothing herein sh all be construed as a limitation on the
753	1266		liability of any licensee for professional malpractice or
754	1267		misconduct, which shall be governed solely by any other applicable
755	1268		state laws;
756		-	ENR. H. B. NO. 3781 Page 18
757	1269		6. Nothing herein shall be construed to designate the venue or
758	1270		jurisdiction to bring actions for alleged acts of malpractice,
759	1271		professional misconduct, negligence, or other such civil action
760	1272		pertaining to the practice of a PA. All such matters shall be
761	1273		determined exclusively by state law other than th e Compact;
762		-
763	1274		7. Nothing in the Compact shall be interpreted to waive or
764	1275		otherwise abrogate a participating state's state action immunity or
765	1276		state action affirmative defense with respect to antitrust claims
766	1277		under the Sherman Act, Clayton Act, or any other state or federal
767	1278		antitrust or anticom petitive law or regulation ; and
768		-
769	1279		8. Nothing in the Compact shall be construed to be a waiver of
770	1280		sovereign immunity by the participating states or by the Commission.
771		-
772	1281		SECTION 8. NEW LAW A new section of law to be codified
773	1282		in the Oklahoma Statutes as Section 545.8 of Title 59, unless there
774	1283		is created a duplication in numbering, reads as follows:
	1284	+
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775	1310
776	1311		A. The Commission shall provide for the development,
777	1312		maintenance, operation, and utilization of a coordinated data and
778	1313		reporting system contai ning licensure, adverse action, and the
779	1314		reporting of the existence of significant investigative information
780	1315		on all licensed PAs and applicants denied a license in participating
781	1316		states.
782		-
783	1317		B. Notwithstanding an y other state law to the contrary, a
784	1318		participating state shall submit a uniform data set to the data
785	1319		system on all PAs to whom the Compact is applicable (utilizing a
786	1320		unique identifier) as required by the rules of the Commission,
787	1321		including:
788		-
789	1322		1. Identifying information;
790		-
791	1323		2. Licensure data;
792		-
793	1324		3. Adverse actions against a license or Compact privilege; and
794		-
795	1325		4. Any denial of application for licensure and the reason for
796	1326		such denial, excluding the reporting of any criminal history record
797	1327		information where prohibited by law;
798		-
799	1328		5. The existence of significant investigative information; and
800		-	ENR. H. B. NO. 3781 Page 19
801	1329		6. Other information that may facilitate the administration of
802	1330		the Compact, as determined by the rules of the Commission.
803		-
804	1331		C. Significant investigative information pertaining to a
805	1332		licensee in any participating state shall only be a vailable to other
806	1333		participating states .
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807	1360
808	1361		D. The Commission shall promptly notify all participating
809	1362		states of any adverse action taken against a licensee or an
810	1363		individual applying for a license that has been reported to it .
811	1364		This adverse action informati on shall be available to any other
812	1365		participating state.
813		-
814	1366		E. Participating states contributing information to the data
815	1367		system may, in accordance with state or federal law, designate
816	1368		information that may not be shared with the public without the
817	1369		express permission of the contributing state . Notwithstanding any
818	1370		such designation, such information shall be reported to the
819	1371		Commission through the data system.
820		-
821	1372		F. Any information submitted to the data system that is
822	1373		subsequently expunged pursuant to federal law or the laws of the
823	1374		participating state contributing the information shall be removed
824	1375		from the data system upon reporting of such by the participating
825	1376		state to the Commission.
826		-
827	1377		G. The records and information provided to a participating
828	1378		state pursuant to the Compact or through the data system, when
829	1379		certified by the Commission or an agent thereof, shall constitute
830	1380		the authenticated business records of the Commission and shall be
831	1381		entitled to any associated hearsay exception in any relevant
832	1382		judicial, quasi-judicial, or administrative proceedings in a
833	1383		participating state.
834	1384
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835	1411		SECTION 9. NEW LAW A new section of law to be codified
836	1412		in the Oklahoma Statutes as Section 545.9 of Title 59, unless there
837	1413		is created a duplication in numbering, reads as follo ws:
838		-
839	1414		A. The Commission shall exercise its rulemaking powers pursuant
840	1415		to the criteria set forth in this section and the rules adopted
841	1416		thereunder. Commission rules shall become binding as of the date
842	1417		specified by the Commission for each rule.
843		-
844	1418		B. The Commission shall promulgate reasonable rules in order to
845		-	effectively and efficiently implement and administer th e Compact and ~~ENR. H. B. NO. 3781 Page 20~~
	1419	+	effectively and efficiently implement and administer th e Compact and
846	1420		achieve its purposes. A Commission rule shall be invalid and have
847	1421		no force or effect only if a court of competent jurisdiction holds
848	1422		that the rule is invalid because the Commission exercised its
849	1423		rulemaking authority in a manner that is beyond the scope of the
850	1424		purposes of the Compact, or the powers granted hereunder, or based
851	1425		upon another applicable standard of review.
852		-
853	1426		C. The rules of the Commission shall have the force of law in
854	1427		each participating state; provided, however, that where the rules of
855	1428		the Commission conflict with the laws of the participating state
856	1429		that establish the medical services a PA may perform in the
857	1430		participating state, as held by a court of competent jurisdiction,
858	1431		the rules of the Commission shall be ineffective in that state to
859	1432		the extent of the conflict.
860		-
861	1433		D. If a majority of the legislatures of the participating
862	1434		states rejects a Commission rule, by enactment of a statute or
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863	1462		resolution in the same manner used to adopt th e Compact within four
864	1463		(4) years of the date of adoption of the rule, then such rule shall
865	1464		have no further force and effect in any participating state or to
866	1465		any state applying to participate in the Compact.
867		-
868	1466		E. Commission rules shall be adopted at a regular or special
869	1467		meeting of the Commission.
870		-
871	1468		F. Prior to promulgation and adoption of a final rule or rules
872	1469		by the Commission, and at least thirty (30) days in advance of the
873	1470		meeting at which the rule will be considered and voted upon, the
874	1471		Commission shall file a notice of proposed rulemaking :
875		-
876	1472		1. On the website of the Commission or other publicly
877	1473		accessible platform;
878		-
879	1474		2. To persons who have requested notice of the Commission 's
880	1475		notices of proposed rulemaking ; and
881		-
882	1476		3. In such other way(s) as the Commission may by rule specify.
883		-
884	1477		G. The notice of proposed rulemaking shall include :
885		-
886	1478		1. The time, date, and location of the public hearing on the
887	1479		proposed rule and the proposed time, date , and location of the
888	1480		meeting in which the proposed rule will be considered and voted
889	1481		upon;
890		-	ENR. H. B. NO. 3781 Page 21
891	1482		2. The text of the proposed rule and the reason for the
892	1483		proposed rule;
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893	1510
894	1511		3. A request for comments on the proposed rule from any
895	1512		interested person and the date by which written comments must be
896	1513		received; and
897		-
898	1514		4. The manner in which interested persons may submit notice to
899	1515		the Commission of their intention to attend the public hearing or
900	1516		provide any written comments.
901		-
902	1517		H. Prior to adoption of a proposed rule, the Commission shall
903	1518		allow persons to submit written data, facts, opinions, and
904	1519		arguments, which shall be made available to the public.
905		-
906	1520		I. If the hearing is to be held via electronic means, the
907	1521		Commission shall publish the mechanism for access to the electronic
908	1522		hearing.
909		-
910	1523		1. All persons wishing to be heard at the hearing shall , as
911	1524		directed in the notice of proposed rulemaking, not less than five
912	1525		(5) business days before the scheduled date of the hearing, notify
913	1526		the Commission of their desire to appear and testify at the hearing .
914		-
915	1527		2. Hearings shall be conducted in a manner providing each
916	1528		person who wishes to comment a fair and reasonable opportunity to
917	1529		comment orally or in writing .
918		-
919	1530		3. All hearings shall be recorded. A copy of the recording and
920	1531		the written comments, data, facts, opinions, and argum ents received
921	1532		in response to the proposed rulemaking shall be made available to a
922	1533		person upon request.
923	1534
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924	1561		4. Nothing in this section shall be construed as requiring a
925	1562		separate hearing on each proposed rule. Proposed rules may be
926	1563		grouped for the convenien ce of the Commission at hearings required
927	1564		by this section.
928		-
929	1565		J. Following the public hearing , the Commission shall consider
930	1566		all written and oral comments timely received.
931		-
932	1567		K. The Commission shall, by majority vote of all delegates,
933	1568		take final action on the proposed rule and shall determine the
934	1569		effective date of the rule, if adopted, based on the rulemaking
935		-	record and the full tex t of the rule. ENR. H. B. NO. 3781 Page 22
936		-
	1570	+	record and the full text of the rule .
937	1571		1. If adopted, the rule shall be posted on the Commission 's
938	1572		website.
939		-
940	1573		2. The Commission may adopt changes to the pr oposed rule
941	1574		provided the changes do not enlarge the original purpose of the
942	1575		proposed rule.
943		-
944	1576		3. The Commission shall provide on its website an explanation
945	1577		of the reasons for substantive changes made to the proposed rule, as
946	1578		well as reasons for substantive chan ges not made that were
947	1579		recommended by commenters .
948		-
949	1580		4. The Commission shall determine a reasonable effective date
950	1581		for the rule. Except for an emergency as provided in subsection L
951	1582		of this section, the effective date of the rule shall be no sooner
952	1583		than thirty (30) days after the Commission issued the notice that it
953	1584		adopted the rule.
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954	1611
955	1612		L. Upon determination that an emergency exists, the Commission
956	1613		may consider and adopt an emergency rule with twenty-four (24) hours
957	1614		prior notice, without the opportunity for com ment or hearing,
958	1615		provided that the usual rulemaking procedures provided in th e
959	1616		Compact and in this section shall be retroactively applied to the
960	1617		rule as soon as reasonably possible, in no event later than ninety
961	1618		(90) days after the effective date of the rule. For the purposes of
962	1619		this subsection, an emergency rule is one that must be adopted
963	1620		immediately by the Commission in order to:
964		-
965	1621		1. Meet an imminent threat to public health, safety, or
966	1622		welfare;
967		-
968	1623		2. Prevent a loss of Commission or participating state funds;
969		-
970	1624		3. Meet a deadline for the promulgation of a Commission rule
971	1625		that is established by federal law or rule; or
972		-
973	1626		4. Protect public health and safety.
974		-
975	1627		M. The Commission or an authorized committee of the Commission
976	1628		may direct revisions to a previously a dopted Commission rule for
977	1629		purposes of correcting typographical errors, errors in format,
978	1630		errors in consistency, or grammatical errors. Public notice of any
979	1631		revisions shall be posted on the website of the Commission. The
980		-	revision shall be subject to ~~challenge~~ by any person for a period of ~~ENR. H. B. NO. 3781 Page 23~~
	1632	+	revision shall be subject to challen ge by any person for a period of
981	1633		thirty (30) days after posting. The revision may be challenged only
982	1634		on grounds that the revision results in a material change to a rule.
983	1635		A challenge shall be made as set forth in the notice of revisions
	1636	+
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984	1663		and delivered to the Commission prior to the end of the notice
985	1664		period. If no challenge is made, the revision will take effect
986	1665		without further action. If the revision is challenged, the revision
987	1666		may not take effect without the approval of the Commission.
988		-
989	1667		N. No participating state's rulemaking requirements shall apply
990	1668		under the Compact.
991		-
992	1669		SECTION 10. NEW LAW A new section of law to be codified
993	1670		in the Oklahoma Statutes as Section 545.10 of Title 59, unless there
994	1671		is created a duplication in numbering, reads as follows:
995		-
996	1672		A. Oversight:
997		-
998	1673		1. The executive and judicial branches of state government in
999	1674		each participating state shall enforce th e Compact and take all
1000	1675		actions necessary and appropriate to implement the Compact;
1001		-
1002	1676		2. Venue is proper and judicial procee dings by or against the
1003	1677		Commission shall be brought solely and exclusively in a court of
1004	1678		competent jurisdiction where the principal office of the Commission
1005	1679		is located. The Commission may waive venue and jurisdictional
1006	1680		defenses to the extent it adopts or consents to participate in
1007	1681		alternative dispute resolution proceedings. Nothing herein shall
1008	1682		affect or limit the selection or propriety of venue in any action
1009	1683		against a licensee for professional malpractice, misconduct , or any
1010	1684		such similar matter; and
1011		-
1012	1685		3. The Commission shall be entitled to receive service of
1013	1686		process in any proceeding regarding the enforcement or
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1014	1714		interpretation of the Compact or the Commission's rules and shall
1015	1715		have standing to intervene in such a proceeding for all purposes.
1016	1716		Failure to provide the Commission with service of process shall
1017	1717		render a judgment or order in such proceeding void as to the
1018	1718		Commission, the Compact, or Commission rules.
1019		-
1020	1719		B. Default, technical assistance, and termination:
1021		-
1022	1720		1. If the Commission determines that a partic ipating state has
1023	1721		defaulted in the performance of its obligations or responsibilities
1024	1722		under the Compact or the Commission rules, the Commission shall
1025		-	provide written notice to the defaulting state and other ~~ENR. H. B. NO. 3781 Page 24~~
	1723	+	provide written notice to the defaulting state and other
1026	1724		participating states. The notice shall descri be the default, the
1027	1725		proposed means of curing the default , and any other action that the
1028	1726		Commission may take and shall offer remedial training and specific
1029	1727		technical assistance regarding the default;
1030		-
1031	1728		2. If a state in default fails to cure the default, the
1032	1729		defaulting state may be terminated from th e Compact upon an
1033	1730		affirmative vote of a majority of the delegates of the participating
1034	1731		states, and all rights, privileges , and benefits conferred by th e
1035	1732		Compact upon such state may be terminated on the effective da te of
1036	1733		termination. A cure of the default does not relieve the offending
1037	1734		state of obligations or liabilities incurred during the period of
1038	1735		default;
1039		-
1040	1736		3. Termination of participation in th e Compact shall be imposed
1041	1737		only after all other means of securing complia nce have been
	1738	+
	1739	+	SENATE FLOOR VERSION - HB3781 SFLR Page 35
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1042	1765		exhausted. Notice of intent to suspend or terminate shall be given
1043	1766		by the Commission to the governor, the majority and minority leaders
1044	1767		of the defaulting state's legislature, and to the licensing boards
1045	1768		of each of the participating states ;
1046		-
1047	1769		4. A state that has been terminated is responsible for all
1048	1770		assessments, obligations, and liabilities incurred through the
1049	1771		effective date of termination, including obligations that extend
1050	1772		beyond the effective date of termination ;
1051		-
1052	1773		5. The Commission shall no t bear any costs related to a state
1053	1774		that is found to be in default or that has been terminated from th e
1054	1775		Compact, unless agreed upon in writing between the Commission and
1055	1776		the defaulting state;
1056		-
1057	1777		6. The defaulting state may appeal its termination from the
1058	1778		Compact by the Commission by petitioning the U.S. District Court for
1059	1779		the District of Columbia or the federal district where the
1060	1780		Commission has its principal offices. The prevailing member shall
1061	1781		be awarded all costs of such litigation, including reasonable
1062	1782		attorney fees; and
1063		-
1064	1783		7. Upon the termination of a state's participation in the
1065	1784		Compact, the state shall immediately provide notice to all licensees
1066	1785		within that state of such termination:
1067		-
1068	1786		a. licensees who have been granted a Compact privilege in
1069		-	that state shall retain the Compact privilege for one ENR. H. B. NO. 3781 Page 25
	1787	+	that state shall retain the Compact privilege for one
	1788	+
	1789	+	SENATE FLOOR VERSION - HB3781 SFLR Page 36
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1070	1815		hundred eighty (180) days following the effective date
1071	1816		of such termination, and
1072		-
1073	1817		b. licensees who are licensed in that state who have been
1074	1818		granted a Compact privilege in a participating state
1075	1819		shall retain the Compact privilege for one hundred
1076	1820		eighty (180) days unless the licensee also has a
1077	1821		qualifying license in a participating state or obtains
1078	1822		a qualifying license in a participating state before
1079	1823		the one-hundred-eighty-day period ends, in which case
1080	1824		the Compact privilege shall continue.
1081		-
1082	1825		C. Dispute resolution:
1083		-
1084	1826		1. Upon request by a participating state, the Commission shall
1085	1827		attempt to resolve disputes related to th e Compact that arise among
1086	1828		participating states and between participating and nonparticipating
1087	1829		states; and
1088		-
1089	1830		2. The Commission shall promulgate a rule providing for both
1090	1831		mediation and binding dispute resolution for disputes as
1091	1832		appropriate.
1092		-
1093	1833		D. Enforcement:
1094		-
1095	1834		1. The Commission, in the reasonable exercise of its
1096	1835		discretion, shall enforce the provisions of th e Compact and rules of
1097	1836		the Commission;
1098		-
1099	1837		2. If compliance is not secured after all means to secure
1100	1838		compliance have been exhausted, by majority vote, the Commission may
	1839	+
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1101	1866		initiate legal action in the U.S. District Court for the District of
1102	1867		Columbia or the federal dist rict where the Commission has its
1103	1868		principal offices against a participating state in default to
1104	1869		enforce compliance with the provisions of th e Compact and the
1105	1870		Commission's promulgated rules and bylaws. The relief sought may
1106	1871		include both injunctive relie f and damages. In the event judicial
1107	1872		enforcement is necessary, the prevailing party shall be awarded all
1108	1873		costs of such litigation, including reasonable attorney fees ; and
1109		-
1110	1874		3. The remedies herein shall not be the exclusive remedies of
1111	1875		the Commission. The Commission may pursue any other remedies
1112	1876		available under federal or state law.
1113		-
1114		-	E. Legal action against the Commission: ENR. H. B. NO. 3781 Page 26
1115		-
	1877	+	E. Legal action against the Commission:
1116	1878		1. A participating state may initiate legal action against the
1117	1879		Commission in the U.S. District Court for the District of Columbia
1118	1880		or the federal district where the Commission has its principal
1119	1881		offices to enforce compliance with the provisions of the Compact and
1120	1882		its rules. The relief sought may include both injunctive relief and
1121	1883		damages. In the event judicial enforcement is necessary, the
1122	1884		prevailing party shall be awarded all costs of such litigation,
1123	1885		including reasonable attorney fees.
1124		-
1125	1886		2. No person other than a participating state shall enforce th e
1126	1887		Compact against the Commission.
	1888	+
	1889	+	SENATE FLOOR VERSION - HB3781 SFLR Page 38
	1890	+	(Bold face denotes Committee Amendments) 1
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1127	1914
1128	1915		SECTION 11. NEW LAW A new section of law to be codified
1129	1916		in the Oklahoma Statutes as Section 545.11 of Title 59, unless there
1130	1917		is created a duplication in numbering, reads as follows:
1131		-
1132	1918		A. The Compact shall come into effect on the date on which th e
1133	1919		Compact statute is enacted into law in the seve nth participating
1134	1920		state.
1135		-
1136	1921		1. On or after the effective date of the Compact, the
1137	1922		Commission shall convene and review the enactment of each of the
1138	1923		states that enacted the Compact prior to the Commission convening
1139	1924		"Charter Participating States " to determine if the statute enacted
1140	1925		by each such Charter Participating State is materially different
1141	1926		than the model Compact:
1142		-
1143	1927		a. A Charter Participating State whose enactment is found
1144	1928		to be materially different from the model Compact
1145	1929		shall be entitled to the default proc ess set forth in
1146	1930		subsection B of Section 10 of this Compact, and
1147		-
1148	1931		b. If any participating state later withdraws from the
1149	1932		Compact or its participation is terminated, the
1150	1933		Commission shall remain in existence and the Compact
1151	1934		shall remain in effect even if t he number of
1152	1935		participating states should be less than seven.
1153	1936		Participating states enacting the Compact subsequent
1154	1937		to the Commission convening shall be subject to the
1155	1938		process set forth in paragraph 21 of subsection C of
	1939	+
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	1965	+
1156	1966		Section 7 of this Compact to determine if their
1157	1967		enactments are materially different from the model
1158	1968		Compact and whether they qualify for participation in
1159		-	the Compact; ENR. H. B. NO. 3781 Page 27
1160		-
	1969	+	the Compact;
1161	1970		2. Participating states enacting the Compact subsequent to the
1162	1971		seven initial Charter Participating States shall be subject to the
1163	1972		process set forth in paragraph 21 of subsection C of Section 7 of
1164	1973		this Compact to determine if their enactments are materially
1165	1974		different from the model Compact and whether they qualify for
1166	1975		participation in the Compact; and
1167		-
1168	1976		3. All actions taken for the b enefit of the Commission or in
1169	1977		furtherance of the purposes of the administration of the Compact
1170	1978		prior to the effective date of the Compact or the Commission coming
1171	1979		into existence shall be considered to be actions of the Commission
1172	1980		unless specifically re pudiated by the Commission.
1173		-
1174	1981		B. Any state that joins the Compact shall be subject to the
1175	1982		Commission's rules and bylaws as they exist on the date on which th e
1176	1983		Compact becomes law in that state. Any rule that has been
1177	1984		previously adopted by the Commission shall have the full force and
1178	1985		effect of law on the day th e Compact becomes law in that state.
1179		-
1180	1986		C. Any participating state may withdraw from the Compact by
1181	1987		enacting a statute repealing the same.
1182		-
1183	1988		1. A participating state's withdrawal shall not take effect
1184	1989		until one hundred eighty (180) days after enactment of the repealing
	1990	+
	1991	+	SENATE FLOOR VERSION - HB3781 SFLR Page 40
	1992	+	(Bold face denotes Committee Amendments) 1
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	2016	+
1185	2017		statute. During this one-hundred-eighty-day period, all Compact
1186	2018		privileges that were in effect in the withdrawing state and were
1187	2019		granted to licensees licensed in the withdrawing state shall re main
1188	2020		in effect. If any licensee licensed in the withdrawing state is
1189	2021		also licensed in another participating state or obtains a license in
1190	2022		another participating state within the one hundred eighty (180)
1191	2023		days, the licensee's Compact privileges in other p articipating
1192	2024		states shall not be affected by the passage of the one hundred
1193	2025		eighty (180) days.
1194		-
1195	2026		2. Withdrawal shall not affect the continuing requirement of
1196	2027		the state licensing boards of the withdrawing state to comply with
1197	2028		the investigative and adverse actio n reporting requirements of the
1198	2029		Compact prior to the effective date of withdrawal.
1199		-
1200	2030		3. Upon the enactment of a statute withdrawing a state from the
1201	2031		Compact, the state shall immediately provide notice of such
1202	2032		withdrawal to all licensees within that state. Such withdrawing
1203		-	state shall continue to recognize all licenses granted pursuant to ~~ENR. H. B. NO. 3781 Page 28~~
	2033	+	state shall continue to recognize all licenses granted pursuant to
1204	2034		the Compact for a minimum of one hundred eighty (180) days after the
1205	2035		date of such notice of withdrawal.
1206		-
1207	2036		D. Nothing contained in th e Compact shall be construed to
1208	2037		invalidate or prevent any PA licensure agreement or other
1209	2038		cooperative arrangement between participating states and between a
1210	2039		participating state and nonparticipating state that does not
1211	2040		conflict with the provisions of th e Compact.
1212	2041
	2042	+	SENATE FLOOR VERSION - HB3781 SFLR Page 41
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	2067	+
1213	2068		E. The Compact may be amended by the participating states. No
1214	2069		amendment to the Compact shall become effective and binding upon any
1215	2070		participating state until it is enacted materially in the same
1216	2071		manner into the laws of all participating states as determined by
1217	2072		the Commission.
1218		-
1219	2073		SECTION 12. NEW LAW A new section of law to be codified
1220	2074		in the Oklahoma Statutes as Section 545.12 of Title 59, unless there
1221	2075		is created a duplication in numbering, reads as follows:
1222		-
1223	2076		A. The Compact and the Commission's rulemaking authority sh all
1224	2077		be liberally construed so as to effectuate the purposes and the
1225	2078		implementation and administration of the Compact. Provisions of the
1226	2079		Compact expressly authorizing or requiring the promulgation of rules
1227	2080		shall not be construed to limit the Commission 's rulemaking
1228	2081		authority solely for those purposes.
1229		-
1230	2082		B. The provisions of th e Compact shall be severable, and if any
1231	2083		phrase, clause, sentence , or provision of the Compact is held by a
1232	2084		court of competent jurisdiction to be contrary to the constitution
1233	2085		of any participating state, a state seeking participation in the
1234	2086		Compact, or of the United States, or the applicability thereof to
1235	2087		any government, agency, person , or circumstance is held to be
1236	2088		unconstitutional by a court of competent jurisdiction, the validity
1237	2089		of the remainder of the Compact and the applicability thereof to any
1238	2090		other government, agency, person , or circumstance shall not be
1239	2091		affected thereby.
1240	2092
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	2118	+
1241	2119		C. Notwithstanding subsection B o f this section, the Commission
1242	2120		may deny a state's participation in the Compact or, in accordance
1243	2121		with the requirements of subsection B of Section 10 of this Compact,
1244	2122		terminate a participating state 's participation in the Compact, if
1245	2123		it determines that a constitutional requirement of a participating
1246	2124		state is, or would be with respect t o a state seeking to participate
1247	2125		in the Compact, a material departure from the Compact. Otherwise,
1248		-	if the Compact shall be held to be contrary to the ~~consti tution~~ of ~~ENR. H. B. NO. 3781 Page 29~~
	2126	+	if the Compact shall be held to be contrary to the constitution of
1249	2127		any participating state, the Compact shall remain in full force and
1250	2128		effect as to the remaining participating states and in full force
1251	2129		and effect as to the participating state affected as to all
1252	2130		severable matters.
1253		-
1254	2131		SECTION 13. NEW LAW A new section of law to be codified
1255	2132		in the Oklahoma Statutes as Section 545.13 of Title 59, unless there
1256	2133		is created a duplication in numbering, reads as follows:
1257		-
1258	2134		A. Nothing herein prevents the enforcement of any other law of
1259	2135		a participating state that is not inconsistent with th e Compact.
1260		-
1261	2136		B. Any laws in a participating state in conflict w ith the
1262	2137		Compact are superseded to the extent of the conflict.
1263		-
1264	2138		C. All agreements between the Commission and the participating
1265	2139		states are binding in accordance with their terms.
1266		-
1267		-	SECTION 14. This act shall become effective November 1, 2024. ENR. H. B. NO. 3781 Page 30
1268		-	Passed the House of Representatives the 4th day of March, 2024.
1269		-
1270		-
1271		-
1272		-
1273		-	Presiding Officer of the House
1274		-	of Representatives
1275		-
1276		-
1277		-
1278		-	Passed the Senate the 15th day of April, 2024.
1279		-
1280		-
1281		-
1282		-
1283		-	Presiding Officer of the Senate
1284		-
1285		-
1286		-	OFFICE OF THE GOVERNOR
1287		-	Received by the Office of the Governor this ____________________
1288		-	day of ___________________, 20_______, at _______ o'clock _______ M.
1289		-	By: _________________________________
1290		-	Approved by the Governor of the State of Oklahoma this _____ ____
1291		-	day of ___________________ , 20_______, at _______ o'clock _______ M.
1292		-
1293		-
1294		-	_________________________________
1295		-	Governor of the State of Oklahoma
1296		-
1297		-	OFFICE OF THE SECRETARY OF STATE
1298		-	Received by the Office of the Secretary of State this __________
1299		-	day of ___________________, 20_______, at _______ o'clock _______ M.
1300		-	By: _________________________________
	2140	+	SECTION 14. This act shall become effective November 1, 2024.
	2141	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
	2142	+	April 4, 2024 - DO PASS