Rhode Island 2023 Regular Session

Rhode Island House Bill H5332 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- H 5332
6	6	========
7	7	LC000922
8	8	========
9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO BUSINESSES AND PROFESSIONS -- PHYSICIAN ASSISTANCE
16	16	LICENSING COMPACT AC T
17	17	Introduced By: Representatives Kislak, Bennett, McNamara, Potter, and Cruz
18	18	Date Introduced: February 03, 2023
19	19	Referred To: House Corporations
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" 1
24	24	is hereby amended by adding thereto the following chapter: 2
25	25	CHAPTER 93 3
26	26	PHYSICIAN ASSISTANCE LICENSING COMPACT ACT 4
27	27	5-93-1. Short title. 5
28	28	This chapter shall be known and may be cited as the "Physicians Assistance Licensing 6
29	29	Compact Act." 7
30	30	5-93-2. Definitions. 8
31	31	As used in this chapter: 9
32	32	(1) “Adverse action” means any administrative, civil, equitable, or criminal action 10
33	33	permitted by a state’s laws which is imposed by a licensing board or other authority against a 11
34	34	physician assistant license or license application or compact privilege such as license denial, 12
35	35	censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the 13
36	36	licensee’s practice. 14
37	37	(2) “Compact privilege” means the authorization granted by a remote state to allow a 15
38	38	licensee from another participating state to practice as a physician assistant to provide medical 16
39	39	services and other licensed activity to a patient located in the remote state under the remote state’s 17
40	40	laws and regulations. 18
41	41
42	42
43	43	LC000922 - Page 2 of 22
44	44	(3) “Conviction” means a finding by a court that an individual is guilty of a felony or 1
45	45	misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge by 2
46	46	the offender 3
47	47	(4) “Criminal background check” means the submission of fingerprints or other biometric-4
48	48	based information for a license applicant for the purpose of obtaining that applicant’s 5
49	49	criminal history record information, as defined in 28 C.F.R. § 20.3(d), from the state’s criminal 6
50	50	history record repository as defined in 28 C.F.R. § 20.3(f). 7
51	51	(5) “Data system” means the repository of information about licensees, including, but not 8
52	52	limited to, license status and adverse actions, which is created and administered under the terms of 9
53	53	this compact. 10
54	54	(6) “Executive committee” means a group of directors and exofficio individuals elected or 11
55	55	appointed pursuant to § 5-93-7. 12
56	56	(7) “Impaired practitioner” means a physician assistant whose practice is adversely affected 13
57	57	by health-related condition(s) that impact their ability to practice. 14
58	58	(8) “Investigative information” means information, records, or documents received or 15
59	59	generated by a licensing board pursuant to an investigation. 16
60	60	(9) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the 17
61	61	laws and rules governing the practice of a physician assistant in a state. 18
62	62	(10) “License” means current authorization by a state, other than authorization pursuant to 19
63	63	a compact privilege, for a physician assistant to provide medical services, which would be unlawful 20
64	64	without current authorization. 21
65	65	(11) “Licensee” means an individual who holds a license from a state to provide medical 22
66	66	services as a physician assistant. 23
67	67	(12) “Licensing board” means any state entity authorized to license and otherwise regulate 24
68	68	physician assistant's. 25
69	69	(13) “Medical services” means health care services provided for the diagnosis, prevention, 26
70	70	treatment, cure or relief of a health condition, injury, or disease, as defined by a state’s laws and 27
71	71	regulations. 28
72	72	(14) “Model compact” means the model for the physician assistant licensure compact on 29
73	73	file with the council of state governments or other entity as designated by the commission. 30
74	74	(15) “Participating state” means a state that has enacted this compact. 31
75	75	(16) “Physician assistant” means an individual who is licensed as a physician assistant in 32
76	76	a state. For purposes of this compact, any other title or status adopted by a state to replace the term 33
77	77	“physician assistant” shall be deemed synonymous with “physician assistant” and shall confer the 34
78	78
79	79
80	80	LC000922 - Page 3 of 22
81	81	same rights and responsibilities to the licensee under the provisions of this compact at the time of 1
82	82	its enactment. 2
83	83	(17) “Physician assistant licensure compact commission,” “compact commission,” or 3
84	84	“commission” means the national administrative body created pursuant to § 5-93-7(a). 4
85	85	(18) “Qualifying license” means an unrestricted license issued by a participating state to 5
86	86	provide medical services as a physician assistant. 6
87	87	(19) “Remote state” means a participating state where a licensee who is not licensed as a 7
88	88	physician assistant is exercising or seeking to exercise the compact privilege. 8
89	89	(20) “Rule” means a regulation promulgated by an entity that has the force and effect of 9
90	90	law. 10
91	91	(21) “Significant investigative information” means investigative information that a 11
92	92	licensing board, after an inquiry or investigation that includes notification and an opportunity for 12
93	93	the physician assistant to respond if required by state law, has reason to believe is not groundless 13
94	94	and, if proven true, would indicate more than a minor infraction. 14
95	95	(22) “State” means any state, commonwealth, district, or territory of the United States. 15
96	96	5-93-3. State participation in this compact. 16
97	97	(a) To participate in this compact, a participating state shall: 17
98	98	(1) License physician assistant. 18
99	99	(2) Participate in the compact commission’s data system. 19
100	100	(3) Have a mechanism in place for receiving and investigating complaints against licensees 20
101	101	and license applicants. 21
102	102	(4) Notify the commission, in compliance with the terms of this compact and commission 22
103	103	rules, of any adverse action against a licensee or license applicant and the existence of significant 23
104	104	investigative information regarding a licensee or license applicant. 24
105	105	(5) Fully implement a criminal background check requirement, within a time frame 25
106	106	established by commission rule, by its licensing board receiving the results of a criminal 26
107	107	background check and reporting to the commission whether the license applicant has been granted 27
108	108	a license. 28
109	109	(6) Comply with the rules of the compact commission. 29
110	110	(7) Utilize passage of a recognized national exam such as the NCCPA PANCE as a 30
111	111	requirement for physician assistance licensure. 31
112	112	(8) Require continuing education for license renewal. 32
113	113	(9) Grant the compact privilege to a holder of a qualifying license in a participating state. 33
114	114	(b) Nothing in this compact prohibits a participating state from charging a fee for granting 34
115	115
116	116
117	117	LC000922 - Page 4 of 22
118	118	the compact privilege. 1
119	119	5-93-4. Compact privilege. 2
120	120	(a) To exercise the compact privilege, a licensee must: 3
121	121	(1) Have graduated from a physician assistant program accredited by the Accreditation 4
122	122	Review Commission on Education for the Physician Assistant, Inc. or other programs authorized 5
123	123	by commission rule. 6
124	124	(2) Hold current NCCPA certification. 7
125	125	(3) Have no felony or misdemeanor conviction. 8
126	126	(4) Have never had a controlled substance license, permit, or registration suspended or 9
127	127	revoked by a state or by the United States Drug Enforcement Administration. 10
128	128	(5) Have a unique identifier as determined by commission rule. 11
129	129	(6) Hold a qualifying license. 12
130	130	(7) Have had no revocation of a license or limitation or restriction on any license currently 13
131	131	held due to an adverse action. 14
132	132	(8) If a licensee has had a limitation or restriction on a license or compact privilege due to 15
133	133	an adverse action, two (2) years must have elapsed from the date on which the license or compact 16
134	134	privilege is no longer limited or restricted due to the adverse action. 17
135	135	(9) If a compact privilege has been revoked or is limited or restricted in a participating state 18
136	136	for conduct that would not be a basis for disciplinary action in a participating state in which the 19
137	137	licensee is practicing or applying to practice under a compact privilege, that participating state shall 20
138	138	have the discretion not to consider such action as an adverse action requiring the denial or removal 21
139	139	of a compact privilege in that state. 22
140	140	(10) Notify the compact commission that the licensee is seeking the compact privilege in 23
141	141	a remote state. 24
142	142	(11) Meet any jurisprudence requirement of a remote state in which the licensee is seeking 25
143	143	to practice under the compact privilege and pay any fees applicable to satisfying the jurisprudence 26
144	144	requirement. 27
145	145	(12) Report to the commission any adverse action taken by a non-participating state within 28
146	146	thirty (30) days after the action is taken. 29
147	147	(b) The compact privilege is valid until the expiration or revocation of the qualifying 30
148	148	license unless terminated pursuant to an adverse action. The licensee must also comply with all of 31
149	149	the requirements of subsection (a) of this section to maintain the compact privilege in a remote 32
150	150	state. If the participating state takes adverse action against a qualifying license, the licensee shall 33
151	151	lose the compact privilege in any remote state in which the licensee has a compact privilege until 34
152	152
153	153
154	154	LC000922 - Page 5 of 22
155	155	all of the following occur: 1
156	156	(1) The license is no longer limited or restricted; and 2
157	157	(2) Two (2) years have elapsed from the date on which the license is no longer limited or 3
158	158	restricted due to the adverse action. 4
159	159	(c) Once a restricted or limited license satisfies the requirements of subsection (b)(1) and 5
160	160	(b)(2) of this section the licensee must meet the requirements of subsection (a) of this section to 6
161	161	obtain a compact privilege in any remote state. 7
162	162	(d) For each remote state in which a physician assistant seeks authority to prescribe 8
163	163	controlled substances, the physician assistant shall satisfy all requirements imposed by such state 9
164	164	in granting or renewing such authority. 10
165	165	5-93-5. Designation of the state from which licensee is applying for a compact 11
166	166	privilege. 12
167	167	(a) Upon a licensee’s application for a compact privilege, the licensee shall identify to the 13
168	168	commission the participating state from which the licensee is applying, in accordance with 14
169	169	applicable rules adopted by the commission, and subject to the following requirements: 15
170	170	(1) When applying for a compact privilege, the licensee shall provide the commission with 16
171	171	the address of the licensee’s primary residence and thereafter shall immediately report to the 17
172	172	commission any change in the address of the licensee’s primary residence. 18
173	173	(2) When applying for a compact privilege, the licensee is required to consent to accept 19
174	174	service of process by mail at the licensee’s primary residence on file with the commission with 20
175	175	respect to any action brought against the licensee by the commission or a participating state, 21
176	176	including a subpoena, with respect to any action brought or investigation conducted by the 22
177	177	commission or a participating state. 23
178	178	5-93-6. Adverse actions. 24
179	179	(a) A Participating state in which a licensee is licensed shall have exclusive power to 25
180	180	impose adverse action against the qualifying license issued by that participating state. 26
181	181	(b) In addition to the other powers conferred by state law, a remote state shall have the 27
182	182	authority, in accordance with existing state due process law, to do all of the following: 28
183	183	(1) Take adverse action against a physician assistant’s compact privilege within that state 29
184	184	to remove a licensee’s compact privilege or take other action necessary under applicable law to 30
185	185	protect the health and safety of its citizens. 31
186	186	(2) Issue subpoenas for both hearings and investigations that require the attendance and 32
187	187	testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board 33
188	188	in a participating state for the attendance and testimony of witnesses or the production of evidence 34
189	189
190	190
191	191	LC000922 - Page 6 of 22
192	192	from another participating state shall be enforced in the latter state by any court of competent 1
193	193	jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in 2
194	194	proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, 3
195	195	mileage and other fees required by the service statutes of the state in which the witnesses or 4
196	196	evidence are located. 5
197	197	(3) Notwithstanding subsection (b)(1) of this section, subpoenas may not be issued by a 6
198	198	participating state to gather evidence of conduct in another state that is lawful in that other state for 7
199	199	the purpose of taking adverse action against a licensee’s compact privilege or application for a 8
200	200	compact privilege in that participating state. Nothing in this compact authorizes a participating state 9
201	201	to impose discipline against a physician assistant’s compact privilege or to deny an application for 10
202	202	a compact privilege in that participating state for the individual’s otherwise lawful practice in 11
203	203	another state. 12
204	204	(c) For purposes of taking adverse action, the participating state which issued the qualifying 13
205	205	license shall give the same priority and effect to reported conduct received from any other 14
206	206	participating state as it would if the conduct had occurred within the participating state which issued 15
207	207	the qualifying license. In so doing, that participating state shall apply its own state laws to determine 16
208	208	appropriate action. 17
209	209	(d) A participating state, if otherwise permitted by state law, may recover from the affected 18
210	210	physician assistant the costs of investigations and disposition of cases resulting from any adverse 19
211	211	action taken against that physician assistant. 20
212	212	(e) A participating state may take adverse action based on the factual findings of a remote 21
213	213	state; provided that, the participating state follows its own procedures for taking the adverse action. 22
214	214	(f) Joint investigations. 23
215	215	(1) In addition to the authority granted to a participating state by its respective state 24
216	216	physician assistant laws and regulations or other applicable state law, any participating state may 25
217	217	participate with other participating states in joint investigations of licensees. 26
218	218	(2) Participating states shall share any investigative, litigation, or compliance materials in 27
219	219	furtherance of any joint or individual investigation initiated under this compact. 28
220	220	(g) If an adverse action is taken against a physician assistant’s qualifying license, the 29
221	221	physician assistant’s compact privilege in all remote states shall be deactivated until two (2) years 30
222	222	have elapsed after all restrictions have been removed from the state license. All disciplinary orders 31
223	223	by the participating state which issued the qualifying license that impose adverse action against a 32
224	224	physician assistant’s license shall include a statement that the physician assistant’s compact 33
225	225	privilege is deactivated in all participating states during the pendency of the order. 34
226	226
227	227
228	228	LC000922 - Page 7 of 22
229	229	(h) If any participating state takes adverse action, it promptly shall notify the administrator 1
230	230	of the data system. 2
231	231	5-93-7. Establishment of the physician assistant licensure compact commission. 3
232	232	(a) The participating states hereby create and establish a joint government agency and 4
233	233	national administrative body known as the physician assistant licensure compact commission. The 5
234	234	commission is an instrumentality of the compact states acting jointly and not an instrumentality of 6
235	235	any one state. The commission shall come into existence on or after the effective date of the 7
236	236	compact as set forth in section. 8
237	237	(b) Membership, voting, and meetings. 9
238	238	(1) Each participating state shall have and be limited to one delegate selected by that 10
239	239	participating state’s licensing board or, if the state has more than one licensing board, selected 11
240	240	collectively by the participating state’s licensing boards. 12
241	241	(2) The delegate shall be either: 13
242	242	(i) A current physician assistant, physician or public member of a licensing board or 14
243	243	physician assistant council/committee; or 15
244	244	(ii) An administrator of a licensing board. 16
245	245	(3) Any delegate may be removed or suspended from office as provided by the laws of the 17
246	246	state from which the delegate is appointed. 18
247	247	(4) The participating state licensing board shall fill any vacancy occurring in the 19
248	248	commission within sixty (60) days. 20
249	249	(5) Each delegate shall be entitled to one vote on all matters voted on by the commission 21
250	250	and shall otherwise have an opportunity to participate in the business and affairs of the commission. 22
251	251	A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may 23
252	252	provide for delegates’ participation in meetings by telecommunications, video conference, or other 24
253	253	means of communication. 25
254	254	(6) The commission shall meet at least once during each calendar year. Additional meetings 26
255	255	shall be held as set forth in this compact and the bylaws. 27
256	256	(7) The commission shall establish by rule a term of office for delegates. 28
257	257	(c) The commission shall have the following powers and duties: 29
258	258	(1) Establish a code of ethics for the commission; 30
259	259	(2) Establish the fiscal year of the commission; 31
260	260	(3) Establish fees; 32
261	261	(4). Establish bylaws; 33
262	262	(5). Maintain its financial records in accordance with the bylaws; 34
263	263
264	264
265	265	LC000922 - Page 8 of 22
266	266	(6). Meet and take such actions as are consistent with the provisions of this compact and 1
267	267	the bylaws; 2
268	268	(7) Promulgate rules to facilitate and coordinate implementation and administration of this 3
269	269	compact. The rules shall have the force and effect of law and shall be binding in all participating 4
270	270	states; 5
271	271	(8) Bring and prosecute legal proceedings or actions in the name of the commission; 6
272	272	provided that, the standing of any state licensing board to sue or be sued under applicable law shall 7
273	273	not be affected; 8
274	274	(9) Purchase and maintain insurance and bonds; 9
275	275	(10) Borrow, accept, or contract for services of personnel, including, but not limited to, 10
276	276	employees of a participating state; 11
277	277	(11) Hire employees and engage contractors, elect or appoint officers, fix compensation, 12
278	278	define duties, grant such individuals appropriate authority to carry out the purposes of this compact, 13
279	279	and establish the commission’s personnel policies and programs relating to conflicts of interest, 14
280	280	qualifications of personnel, and other related personnel matters; 15
281	281	(12) Accept any and all appropriate donations and grants of money, equipment, supplies, 16
282	282	materials and services, and receive, utilize and dispose of the same; provided that, at all times the 17
283	283	commission shall avoid any appearance of impropriety or conflict of interest; 18
284	284	(13) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, 19
285	285	improve or use, any property, real, personal or mixed; provided that, at all times the commission 20
286	286	shall avoid any appearance of impropriety; 21
287	287	(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any 22
288	288	property real, personal, or mixed; 23
289	289	(15) Establish a budget and make expenditures; 24
290	290	(16) Borrow money; 25
291	291	(17) Appoint committees, including standing committees composed of members, state 26
292	292	regulators, state legislators or their representatives, and consumer representatives, and such other 27
293	293	interested persons as may be designated in this compact and the bylaws; 28
294	294	(18) Provide and receive information from, and cooperate with, law enforcement agencies; 29
295	295	(19) Elect a chair, vice chair, secretary and treasurer and such other officers of the 30
296	296	commission as provided in the commission’s bylaws. 31
297	297	(20) Reserve for itself, in addition to those reserved exclusively to the commission under 32
298	298	the compact, powers that the executive committee may not exercise; 33
299	299	(21) Approve or disapprove a state’s participation in the compact based upon its 34
300	300
301	301
302	302	LC000922 - Page 9 of 22
303	303	determination as to whether the state’s compact legislation departs in a material manner from the 1
304	304	model compact language; 2
305	305	(22) Prepare and provide to the participating states an annual report; and 3
306	306	(23) Perform such other functions as may be necessary or appropriate to achieve the 4
307	307	purposes of this compact consistent with the state regulation of physician assistant licensure and 5
308	308	practice. 6
309	309	(d) Meetings of the commission. 7
310	310	(1) All meetings of the commission that are not closed pursuant to this section shall be 8
311	311	open to the public. Notice of public meetings shall be posted on the commission’s website at least 9
312	312	thirty (30) days prior to the public meeting. 10
313	313	(2) Notwithstanding subsection (d)(1) of this section, the commission may convene a 11
314	314	public meeting by providing at least twenty-four (24) hours prior notice on the commission’s 12
315	315	website, and any other means as provided in the commission’s rules, for any of the reasons it may 13
316	316	dispense with notice of proposed rulemaking under § 5-93-9. 14
317	317	(3) The commission may convene in a closed, non-public meeting or non-public part of a 15
318	318	public meeting to receive legal advice or to discuss: 16
319	319	(i) Non-compliance of a participating state with its obligations under this compact; 17
320	320	(ii) The employment, compensation, discipline or other matters, practices or procedures 18
321	321	related to specific employees or other matters related to the commission’s internal personnel 19
322	322	practices and procedures; 20
323	323	(iii) Current, threatened, or reasonably anticipated litigation; 21
324	324	(iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real 22
325	325	estate; 23
326	326	(v) Accusing any person of a crime or formally censuring any person; 24
327	327	(vi) Disclosure of trade secrets or commercial or financial information that is privileged or 25
328	328	confidential; 26
329	329	(vii) Disclosure of information of a personal nature where disclosure would constitute a 27
330	330	clearly unwarranted invasion of personal privacy; 28
331	331	(viii) Disclosure of investigative records compiled for law enforcement purposes; 29
332	332	(ix) Disclosure of information related to any investigative reports prepared by or on behalf 30
333	333	of or for use of the commission or other committee charged with responsibility of investigation or 31
334	334	determination of compliance issues pursuant to this compact; 32
335	335	(x) Legal advice; or 33
336	336	(xi) Matters specifically exempted from disclosure by federal or participating states’ 34
337	337
338	338
339	339	LC000922 - Page 10 of 22
340	340	statutes. 1
341	341	(4) If a meeting, or portion of a meeting, is closed pursuant to this provision, the chair of 2
342	342	the meeting or the chair’s designee shall certify that the meeting or portion of the meeting may be 3
343	343	closed and shall reference each relevant exempting provision. 4
344	344	(5) The commission shall keep minutes that fully and clearly describe all matters discussed 5
345	345	in a meeting and shall provide a full and accurate summary of actions taken, including a description 6
346	346	of the views expressed. All documents considered in connection with an action shall be identified 7
347	347	in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject 8
348	348	to release by a majority vote of the commission or order of a court of competent jurisdiction. 9
349	349	(e) Financing of the commission. 10
350	350	(1) The commission shall pay, or provide for the payment of, the reasonable expenses of 11
351	351	its establishment, organization, and ongoing activities. 12
352	352	(2) The commission may accept any and all appropriate revenue sources, donations, and 13
353	353	grants of money, equipment, supplies, materials, and services. 14
354	354	(3) The commission may levy on and collect an annual assessment from each participating 15
355	355	state and may impose compact privilege fees on licensees of participating states to whom a compact 16
356	356	privilege is granted to cover the cost of the operations and activities of the commission and its staff, 17
357	357	which must be in a total amount sufficient to cover its annual budget as approved by the commission 18
358	358	each year for which revenue is not provided by other sources. The aggregate annual assessment 19
359	359	amount levied on participating states shall be allocated based upon a formula to be determined by 20
360	360	commission rule. 21
361	361	(i) A compact privilege expires when the licensee’s qualifying license in the participating 22
362	362	state from which the licensee applied for the compact privilege expires. 23
363	363	(ii) If the licensee terminates the qualifying license through which the licensee applied for 24
364	364	the compact privilege before its scheduled expiration, and the licensee has a qualifying license in 25
365	365	another participating state, the licensee shall inform the commission that it is changing to that 26
366	366	participating state the participating state through which it applies for a compact privilege and pay 27
367	367	to the commission any compact privilege fee required by commission rule. 28
368	368	(4) The commission shall not incur obligations of any kind prior to securing the funds 29
369	369	adequate to meet the same; nor shall the commission pledge the credit of any of the participating 30
370	370	states, except by and with the authority of the participating state. 31
371	371	(5) The commission shall keep accurate accounts of all receipts and disbursements. The 32
372	372	receipts and disbursements of the commission shall be subject to the financial review and 33
373	373	accounting procedures established under its bylaws. All receipts and disbursements of funds 34
374	374
375	375
376	376	LC000922 - Page 11 of 22
377	377	handled by the commission shall be subject to an annual financial review by a certified or licensed 1
378	378	public accountant, and the report of the financial review shall be included in and become part of 2
379	379	the annual report of the commission. 3
380	380	(f) The executive committee. 4
381	381	(1) The executive committee shall have the power to act on behalf of the commission 5
382	382	according to the terms of this compact and commission rules. 6
383	383	(2) The executive committee shall be composed of nine (9) members: 7
384	384	(i) Seven (7) voting members who are elected by the commission from the current 8
385	385	membership of the commission; 9
386	386	(ii) One exofficio, nonvoting member from a recognized national physician assistant 10
387	387	professional association; and 11
388	388	(iii) One exofficio, nonvoting member from a recognized national physician assistant 12
389	389	certification organization. 13
390	390	(3) The exofficio members will be selected by their respective organizations. 14
391	391	(4) The commission may remove any member of the executive committee as provided in 15
392	392	its bylaws. 16
393	393	(5) The executive committee shall meet at least annually. 17
394	394	(6) The executive committee shall have the following duties and responsibilities: 18
395	395	(i) Recommend to the commission changes to the commission’s rules or bylaws, changes 19
396	396	to this compact legislation, fees to be paid by compact participating states such as annual dues, and 20
397	397	any commission compact fee charged to licensees for the compact privilege; 21
398	398	(ii) Ensure compact administration services are appropriately provided, contractual or 22
399	399	otherwise; 23
400	400	(iii) Prepare and recommend the budget; 24
401	401	(iv) Maintain financial records on behalf of the commission; 25
402	402	(v) Monitor compact compliance of participating states and provide compliance reports to 26
403	403	the commission; 27
404	404	(vi) Establish additional committees as necessary; 28
405	405	(vii) Exercise the powers and duties of the commission during the interim between 29
406	406	commission meetings, except for issuing proposed rulemaking or adopting commission rules or 30
407	407	bylaws, or exercising any other powers and duties exclusively reserved to the commission by the 31
408	408	commission’s rules; and 32
409	409	(viii) Perform other duties as provided in the commission’s rules or bylaws. 33
410	410	(7) All meeting of the executive committee at which it votes or plans to vote on matters in 34
411	411
412	412
413	413	LC000922 - Page 12 of 22
414	414	exercising the powers and duties of the commission shall be open to the public and public notice 1
415	415	of such meetings shall be given as public meetings of the commission are given. 2
416	416	(8) The executive committee may convene in a closed, non-public meeting for the same 3
417	417	reasons that the commission may convene in a non-public meeting as set forth in subsection (d)(3) 4
418	418	of this section and shall announce the closed meeting as the commission is required to under 5
419	419	subsection (d)(4) of this section and keep minutes of the closed meeting as the commission is 6
420	420	required to under subsection (d)(5) of this section. 7
421	421	(g) Qualified immunity, defense, and indemnification. 8
422	422	(1) The members, officers, executive director, employees and representatives of the 9
423	423	commission shall be immune from suit and liability, both personally and in their official capacity, 10
424	424	for any claim for damage to or loss of property or personal injury or other civil liability caused by 11
425	425	or arising out of any actual or alleged act, error, or commission that occurred, or that the person 12
426	426	against whom the claim is made had a reasonable basis for believing occurred within the scope of 13
427	427	commission employment, duties or responsibilities; provided that, nothing in this subsection shall 14
428	428	be construed to protect any such person from suit or liability for any damage, loss, injury, or liability 15
429	429	caused by the intentional or willful or wanton misconduct of that person. The procurement of 16
430	430	insurance of any type by the commission shall not in any way compromise or limit the immunity 17
431	431	granted hereunder. 18
432	432	(2) The commission shall defend any member, officer, executive director, employee, and 19
433	433	representative of the commission in any civil action seeking to impose liability arising out of any 20
434	434	actual or alleged act, error, or omission that occurred within the scope of commission employment, 21
435	435	duties, or responsibilities, or as determined by the commission that the person against whom the 22
436	436	claim is made had a reasonable basis for believing occurred within the scope of commission 23
437	437	employment, duties, or responsibilities; provided that, nothing herein shall be construed to prohibit 24
438	438	that person from retaining their own counsel at their own expense; and provided further, that the 25
439	439	actual or alleged act, error, or omission did not result from that person’s intentional or willful or 26
440	440	wanton misconduct. 27
441	441	(3) The commission shall indemnify and hold harmless any member, officer, executive 28
442	442	director, employee, and representative of the commission for the amount of any settlement or 29
443	443	judgment obtained against that person arising out of any actual or alleged act, error, or omission 30
444	444	that occurred within the scope of commission employment, duties, or responsibilities, or that such 31
445	445	person had a reasonable basis for believing occurred within the scope of commission employment, 32
446	446	duties, or responsibilities; provided that, the actual or alleged act, error, or omission did not result 33
447	447	from the intentional or willful or wanton misconduct of that person. 34
448	448
449	449
450	450	LC000922 - Page 13 of 22
451	451	(4) Venue is proper and judicial proceedings by or against the commission shall be brought 1
452	452	solely and exclusively in a court of competent jurisdiction where the principal office of the 2
453	453	commission is located. The commission may waive venue and jurisdictional defenses in any 3
454	454	proceedings as authorized by commission rules. 4
455	455	(5) Nothing herein shall be construed as a limitation on the liability of any licensee for 5
456	456	professional malpractice or misconduct, which shall be governed solely by any other applicable 6
457	457	state laws. 7
458	458	(6) Nothing herein shall be construed to designate the venue or jurisdiction to bring actions 8
459	459	for alleged acts of malpractice, professional misconduct, negligence, or other such civil action 9
460	460	pertaining to the practice of a physician assistant. All such matters shall be determined exclusively 10
461	461	by state law other than this compact. 11
462	462	(7) Nothing in this compact shall be interpreted to waive or otherwise abrogate a 12
463	463	participating state’s state action immunity or state action affirmative defense with respect to 13
464	464	antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or 14
465	465	anticompetitive law or regulation. 15
466	466	(8) Nothing in this compact shall be construed to be a waiver of sovereign immunity by 16
467	467	the participating states or by the commission. 17
468	468	5-93-8. Data system. 18
469	469	(a) The commission shall provide for the development, maintenance, operation, and 19
470	470	utilization of a coordinated data and reporting system containing licensure, adverse action, and the 20
471	471	reporting of the existence of significant investigative information on all licensed physician 21
472	472	assistants' and applicants denied a license in participating states. 22
473	473	(b) Notwithstanding any other state law to the contrary, a participating state shall submit a 23
474	474	uniform data set to the data system on all physician assistants' to whom this compact is applicable 24
475	475	(utilizing a unique identifier) as required by the rules of the commission, including: 25
476	476	(1) Identifying information; 26
477	477	(2) Licensure data; 27
478	478	(3) Adverse actions against a license or compact privilege; 28
479	479	(4) Any denial of application for licensure, and the reason(s) for such denial (excluding the 29
480	480	reporting of any criminal history record information where prohibited by law); 30
481	481	(5) The existence of significant investigative information; and 31
482	482	(6) Other information that may facilitate the administration of this compact, as determined 32
483	483	by the rules of the commission. 33
484	484	(c) Significant investigative information pertaining to a licensee in any participating state 34
485	485
486	486
487	487	LC000922 - Page 14 of 22
488	488	shall only be available to other participating states. 1
489	489	(d) The commission shall promptly notify all participating states of any adverse action 2
490	490	taken against a licensee or an individual applying for a license that has been reported to it. This 3
491	491	adverse action information shall be available to any other participating state. 4
492	492	(e) Participating states contributing information to the data system may, in accordance with 5
493	493	state or federal law, designate information that may not be shared with the public without the 6
494	494	express permission of the contributing state. Notwithstanding any such designation, such 7
495	495	information shall be reported to the commission through the data system. 8
496	496	(f) Any information submitted to the data system that is subsequently expunged pursuant 9
497	497	to federal law or the laws of the participating state contributing the information shall be removed 10
498	498	from the data system upon reporting of such by the participating state to the commission. 11
499	499	(g) The records and information provided to a participating state pursuant to this compact 12
500	500	or through the data system, when certified by the commission or an agent thereof, shall constitute 13
501	501	the authenticated business records of the commission, and shall be entitled to any associated 14
502	502	hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a 15
503	503	participating state. 16
504	504	5-93-9. Rulemaking. 17
505	505	(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth 18
506	506	in this section and the rules adopted thereunder. Commission rules shall become binding as of the 19
507	507	date specified by the commission for each rule. 20
508	508	(b) The commission shall promulgate reasonable rules in order to effectively and efficiently 21
509	509	implement and administer this compact and achieve its purposes. A commission rule shall be 22
510	510	invalid and have not force or effect only if a court of competent jurisdiction holds that the rule is 23
511	511	invalid because the commission exercised its rulemaking authority in a manner that is beyond the 24
512	512	scope of the purposes of this compact, or the powers granted hereunder, or based upon another 25
513	513	applicable standard of review. 26
514	514	(c) The rules of the commission shall have the force of law in each participating state; 27
515	515	provided, however, that where the rules of the commission conflict with the laws of the 28
516	516	participating state that establish the medical services a physician assistant may perform in the 29
517	517	participating state, as held by a court of competent jurisdiction, the rules of the commission shall 30
518	518	be ineffective in that state to the extent of the conflict. 31
519	519	(d) If a majority of the legislatures of the participating states rejects a commission rule, by 32
520	520	enactment of a statute or resolution in the same manner used to adopt this compact within four (4) 33
521	521	years of the date of adoption of the rule, then such rule shall have no further force and effect in any 34
522	522
523	523
524	524	LC000922 - Page 15 of 22
525	525	participating state or to any state applying to participate in the compact. 1
526	526	(e) Commission rules shall be adopted at a regular or special meeting of the commission. 2
527	527	(f) Prior to promulgation and adoption of a final rule or rules by the commission, and at 3
528	528	least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, 4
529	529	the commission shall file a notice of proposed rulemaking: 5
530	530	(1) On the website of the commission or other publicly accessible platform; and 6
531	531	(2) To persons who have requested notice of the commission’s notices of proposed 7
532	532	rulemaking, and 8
533	533	(3) In such other way(s) as the commission may by rule specify. 9
534	534	(g) The notice of proposed rulemaking shall include: 10
535	535	(1) The time, date, and location of the public hearing on the proposed rule and the proposed 11
536	536	time, date and location of the meeting in which the proposed rule will be considered and voted 12
537	537	upon; 13
538	538	(2) The text of the proposed rule and the reason for the proposed rule; 14
539	539	(3) A request for comments on the proposed rule from any interested person and the date 15
540	540	by which written comments must be received; and 16
541	541	(4) The manner in which interested persons may submit notice to the commission of their 17
542	542	intention to attend the public hearing or provide any written comments. 18
543	543	(h) Prior to adoption of a proposed rule, the commission shall allow persons to submit 19
544	544	written data, facts, opinions, and arguments, which shall be made available to the public. 20
545	545	(i) If the hearing is to be held via electronic means, the commission shall publish the 21
546	546	mechanism for access to the electronic hearing. 22
547	547	(1) All persons wishing to be heard at the hearing shall as directed in the notice of proposed 23
548	548	rulemaking, not less than five (5) business days before the scheduled date of the hearing, notify the 24
549	549	commission of their desire to appear and testify at the hearing. 25
550	550	(2) Hearings shall be conducted in a manner providing each person who wishes to 26
551	551	comment a fair and reasonable opportunity to comment orally or in writing. 27
552	552	(3) All hearings shall be recorded. A copy of the recording and the written comments, data, 28
553	553	facts, opinions, and arguments received in response to the proposed rulemaking shall be made 29
554	554	available to a person upon request. 30
555	555	(4) Nothing in this section shall be construed as requiring a separate hearing on each 31
556	556	proposed rule. Proposed rules may be grouped for the convenience of the commission at hearings 32
557	557	required by this section. 33
558	558	(j) Following the public hearing the commission shall consider all written and oral 34
559	559
560	560
561	561	LC000922 - Page 16 of 22
562	562	comments timely received. 1
563	563	(k) The commission shall, by majority vote of all delegates, take final action on the 2
564	564	proposed rule and shall determine the effective date of the rule, if adopted, based on the rulemaking 3
565	565	record and the full text of the rule. 4
566	566	(1) If adopted, the rule shall be posted on the commission’s website. 5
567	567	(2) The commission may adopt changes to the proposed rule provided the changes do not 6
568	568	enlarge the original purpose of the proposed rule. 7
569	569	(3) The commission shall provide on its website an explanation of the reasons for 8
570	570	substantive changes made to the proposed rule as well as reasons for substantive changes not made 9
571	571	that were recommended by commenters. 10
572	572	(4) The commission shall determine a reasonable effective date for the rule. Except for an 11
573	573	emergency as provided in subsection (l) of this section, the effective date of the rule shall be no 12
574	574	sooner than thirty (30) days after the commission issued the notice that it adopted the rule. 13
575	575	(l) Upon determination that an emergency exists, the commission may consider and adopt 14
576	576	an emergency rule with twenty-four (24) hours prior notice, without the opportunity for comment, 15
577	577	or hearing; provided that, the usual rulemaking procedures provided in this compact and in this 16
578	578	section shall be retroactively applied to the rule as soon as reasonably possible, in no event later 17
579	579	than ninety (90) days after the effective date of the rule. For the purposes of this provision, an 18
580	580	emergency rule is one that must be adopted immediately by the commission in order to: 19
581	581	(1) Meet an imminent threat to public health, safety, or welfare; 20
582	582	(2) Prevent a loss of commission or participating state funds; 21
583	583	(3) Meet a deadline for the promulgation of a commission rule that is established by federal 22
584	584	law or rule; or 23
585	585	(4) Protect public health and safety. 24
586	586	(m) The commission or an authorized committee of the commission may direct revisions 25
587	587	to a previously adopted commission rule for purposes of correcting typographical errors, errors in 26
588	588	format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted 27
589	589	on the website of the commission. The revision shall be subject to challenge by any person for a 28
590	590	period of thirty (30) days after posting. The revision may be challenged only on grounds that the 29
591	591	revision results in a material change to a rule. A challenge shall be made as set forth in the notice 30
592	592	of revisions and delivered to the commission prior to the end of the notice period. If no challenge 31
593	593	is made, the revision will take effect without further action. If the revision is challenged, the 32
594	594	revision may not take effect without the approval of the commission. 33
595	595	(n) No participating state’s rulemaking requirements shall apply under this compact. 34
596	596
597	597
598	598	LC000922 - Page 17 of 22
599	599	5-93-10. Oversight, dispute resolution, and enforcement. 1
600	600	(a) Oversight 2
601	601	(1) The executive and judicial branches of state government in each participating state shall 3
602	602	enforce this compact and take all actions necessary and appropriate to implement the compact. 4
603	603	(2) Venue is proper and judicial proceedings by or against the commission shall be brought 5
604	604	solely and exclusively in a court of competent jurisdiction where the principal office of the 6
605	605	commission is located. The commission may waive venue and jurisdictional defenses to the extent 7
606	606	it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein 8
607	607	shall affect or limit the selection or propriety of venue in any action against a licensee for 9
608	608	professional malpractice, misconduct or any such similar matter. 10
609	609	(3) The commission shall be entitled to receive service of process in any proceeding 11
610	610	regarding the enforcement or interpretation of the compact or the commission’s rules and shall have 12
611	611	standing to intervene in such a proceeding for all purposes. Failure to provide the commission with 13
612	612	service of process shall render a judgment or order in such proceeding void as to the commission, 14
613	613	this compact, or commission rules. 15
614	614	(b) Default, technical assistance, and termination. 16
615	615	(1) If the commission determines that a participating state has defaulted in the performance 17
616	616	of its obligations or responsibilities under this compact or the commission rules, the commission 18
617	617	shall provide written notice to the defaulting state and other participating states. The notice shall 19
618	618	describe the default, the proposed means of curing the default and any other action that the 20
619	619	commission may take and shall offer remedial training and specific technical assistance regarding 21
620	620	the default. 22
621	621	(2) If a state in default fails to cure the default, the defaulting state may be terminated from 23
622	622	this compact upon an affirmative vote of a majority of the delegates of the participating states, and 24
623	623	all rights, privileges and benefits conferred by this compact upon such state may be terminated on 25
624	624	the effective date of termination. A cure of the default does not relieve the offending state of 26
625	625	obligations or liabilities incurred during the period of default. 27
626	626	(3) Termination of participation in this compact shall be imposed only after all other means 28
627	627	of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given 29
628	628	by the commission to the governor, the majority and minority leaders of the defaulting state’s 30
629	629	legislature, and to the licensing board(s) of each of the participating states. 31
630	630	(4) A state that has been terminated is responsible for all assessments, obligations, and 32
631	631	liabilities incurred through the effective date of termination, including obligations that extend 33
632	632	beyond the effective date of termination. 34
633	633
634	634
635	635	LC000922 - Page 18 of 22
636	636	(5) The commission shall not bear any costs related to a state that is found to be in default 1
637	637	or that has been terminated from this compact, unless agreed upon in writing between the 2
638	638	commission and the defaulting state. 3
639	639	(6) The defaulting state may appeal its termination from the compact by the commission 4
640	640	by petitioning the United State District Court for the District of Columbia or the federal district 5
641	641	where the commission has its principal offices. The prevailing member shall be awarded all costs 6
642	642	of such litigation, including reasonable attorneys’ fees. 7
643	643	(7) Upon the termination of a state’s participation in the compact, the state shall 8
644	644	immediately provide notice to all licensees within that state of such termination: 9
645	645	(i) Licensees who have been granted a compact privilege in that state shall retain the 10
646	646	compact privilege for one hundred eighty (180) days following the effective date of such 11
647	647	termination. 12
648	648	(ii) Licensees who are licensed in that state who have been granted a compact privilege in 13
649	649	a participating state shall retain the compact privilege for one hundred eighty (180) days unless the 14
650	650	licensee also has a qualifying license in a participating state or obtains a qualifying license in a 15
651	651	participating state before the one hundred eighty (180) day period ends, in which case the compact 16
652	652	privilege shall continue. 17
653	653	(c) Dispute resolution. 18
654	654	(1) Upon request by a participating state, the commission shall attempt to resolve disputes 19
655	655	related to this compact that arise among participating states and between participating and non-20
656	656	participating states. 21
657	657	(2) The commission shall promulgate a rule providing for both mediation and binding 22
658	658	dispute resolution for disputes as appropriate. 23
659	659	(d) Enforcement. 24
660	660	(1) The commission, in the reasonable exercise of its discretion, shall enforce the 25
661	661	provisions of this compact and rules of the commission. 26
662	662	(2) If compliance is not secured after all means to secure compliance have been exhausted, 27
663	663	by majority vote, the commission may initiate legal action in the United States District Court for 28
664	664	the District of Columbia or the federal district where the commission has its principal offices, 29
665	665	against a participating state in default to enforce compliance with the provisions of this compact 30
666	666	and the commission’s promulgated rules and bylaws. The relief sought may include both injunctive 31
667	667	relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be 32
668	668	awarded all costs of such litigation, including reasonable attorneys’ fees. 33
669	669	(3) The remedies herein shall not be the exclusive remedies of the commission. The 34
670	670
671	671
672	672	LC000922 - Page 19 of 22
673	673	commission may pursue any other remedies available under federal or state law. 1
674	674	(e) Legal action against the commission. 2
675	675	(1) A participating state may initiate legal action against the commission in the United 3
676	676	States District Court for the District of Columbia or the federal district where the commission has 4
677	677	its principal offices to enforce compliance with the provisions of compact and its rules. The relief 5
678	678	sought may include both injunctive relief and damages. In the event judicial enforcement is 6
679	679	necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable 7
680	680	attorneys’ fees. 8
681	681	(2) No person other than a participating state shall enforce this compact against the 9
682	682	commission. 10
683	683	5-93-11. Date of implementation of the physician assistant licensure compact 11
684	684	commission. 12
685	685	(a) This compact shall come into effect on the date on which this compact statute is enacted 13
686	686	into law in the seventh participating state. 14
687	687	(1) On or after the effective date of the compact, the commission shall convene and review 15
688	688	the enactment of each of the states that enacted the compact prior to the commission convening 16
689	689	(“charter participating states”) to determine if the statute enacted by each such charter participating 17
690	690	state is materially different than the model compact. 18
691	691	(i) A charter participating state whose enactment is found to be materially different from 19
692	692	the model compact shall be entitled to the default process set forth in § 5-93-10(b). 20
693	693	(ii) If any participating state later withdraws from the compact or its participation is 21
694	694	terminated, the commission shall remain in existence and the compact shall remain in effect even 22
695	695	if the number of participating states should be less than seven (7). Participating states enacting the 23
696	696	compact subsequent to the commission convening shall be subject to the process set forth in § 5-24
697	697	93-7(c)(21) to determine if their enactments are materially different from the model compact and 25
698	698	whether they qualify for participation in the compact. 26
699	699	(2) Participating states enacting the compact subsequent to the seven (7) initial charter 27
700	700	participating states shall be subject to the process set forth in § 5-93-7(c)(21) to determine if their 28
701	701	enactments are materially different from the model compact and whether they qualify for 29
702	702	participation in the compact. 30
703	703	(3) All actions taken for the benefit of the commission or in furtherance of the purposes of 31
704	704	the administration of the compact prior to the effective date of the compact or the commission 32
705	705	coming into existence shall be considered to be actions of the commission unless specifically 33
706	706	repudiated by the commission. 34
707	707
708	708
709	709	LC000922 - Page 20 of 22
710	710	(b) Any state that joins this compact shall be subject to the commission’s rules and bylaws 1
711	711	as they exist on the date on which this compact becomes law in that state. Any rule that has been 2
712	712	previously adopted by the commission shall have the full force and effect of law on the day this 3
713	713	compact becomes law in that state. 4
714	714	(c) Any participating state may withdraw from this compact by enacting a statute repealing 5
715	715	the same. 6
716	716	(1) A participating state’s withdrawal shall not take effect until one hundred eighty (180) 7
717	717	days after enactment of the repealing statute. During this one hundred eighty (180) day-period, all 8
718	718	compact privileges that were in effect in the withdrawing state and were granted to licensees 9
719	719	licensed in the withdrawing state shall remain in effect. If any licensee licensed in the withdrawing 10
720	720	state is also licensed in another participating state or obtains a license in another participating state 11
721	721	within the one hundred eighty (180) days, the licensee’s compact privileges in other participating 12
722	722	states shall not be affected by the passage of the one hundred eighty (180) days. 13
723	723	(2) Withdrawal shall not affect the continuing requirement of the state licensing board(s) 14
724	724	of the withdrawing state to comply with the investigative, and adverse action reporting 15
725	725	requirements of this compact prior to the effective date of withdrawal. 16
726	726	(3) Upon the enactment of a statute withdrawing a state from this compact, the state shall 17
727	727	immediately provide notice of such withdrawal to all licensees within that state. Such withdrawing 18
728	728	state shall continue to recognize all licenses granted pursuant to this compact for a minimum of one 19
729	729	hundred eighty (180) days after the date of such notice of withdrawal. 20
730	730	(d) Nothing contained in this compact shall be construed to invalidate or prevent any 21
731	731	physician assistant licensure agreement or other cooperative arrangement between participating 22
732	732	states and between a participating state and non-participating state that does not conflict with the 23
733	733	provisions of this compact. 24
734	734	(e) This compact may be amended by the participating states. No amendment to this 25
735	735	compact shall become effective and binding upon any participating state until it is enacted 26
736	736	materially in the same manner into the laws of all participating states as determined by the 27
737	737	commission. 28
738	738	5-93-12. Construction and severability. 29
739	739	(a) This compact and the commission’s rulemaking authority shall be liberally construed 30
740	740	as to effectuate the purposes, and the implementation and administration of the compact. Provisions 31
741	741	of the compact expressly authorizing or requiring the promulgation of rules shall not be construed 32
742	742	to limit the commission’s rulemaking authority solely for those purposes. 33
743	743	(b) The provisions of this compact shall be severable and if any phrase, clause, sentence or 34
744	744
745	745
746	746	LC000922 - Page 21 of 22
747	747	provision of this compact is held by a court of competent jurisdiction to be contrary to the 1
748	748	constitution of any participating state, a state seeking participation in the compact, or of the United 2
749	749	States, or the applicability thereof to any government, agency, person or circumstance is held to be 3
750	750	unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact 4
751	751	and the applicability thereof to any other government, agency, person or circumstance shall not be 5
752	752	affected thereby. 6
753	753	(c) Notwithstanding subsection (c) of this section or the provisions of this section, the 7
754	754	commission may deny a state’s participation in the compact or, in accordance with the requirements 8
755	755	of § 5-93-10(b), terminate a participating state’s participation in the compact, if it determines that 9
756	756	a constitutional requirement of a participating state is, or would be with respect to a state seeking 10
757	757	to participate in the compact, a material departure from the compact. Otherwise, if this compact 11
758	758	shall be held to be contrary to the constitution of any participating state, the compact shall remain 12
759	759	in full force and effect as to the remaining participating states and in full force and effect as to the 13
760	760	participating state affected as to all severable matters. 14
761	761	5-93-13. Binding effect of compact. 15
762	762	(a) Nothing herein prevents the enforcement of any other law of a participating state that 16
763	763	is not inconsistent with this compact. 17
764	764	(b) Any laws in a participating state in conflict with this compact are superseded to the 18
765	765	extent of the conflict. 19
766	766	(c) All agreements between the commission and the participating states are binding in 20
767	767	accordance with their terms. 21
768	768	SECTION 2. This act shall take effect upon passage. 22
769	769	========
770	770	LC000922
771	771	========
772	772
773	773
774	774	LC000922 - Page 22 of 22
775	775	EXPLANATION
776	776	BY THE LEGISLATIVE COUNCIL
777	777	OF
778	778	A N A C T
779	779	RELATING TO BUSINESSES AND PROFESSIONS -- PHYSICIAN ASSISTANCE
780	780	LICENSING COMPACT AC T
781	781	***
782	782	This act would adopt the model compact for the physician assistant's licensure compact in 1
783	783	Rhode Island. 2
784	784	This act would take effect upon passage. 3
785	785	========
786	786	LC000922
787	787	========