Texas 2023 - 88th Regular

Texas House Bill HB2544 Compare Versions

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1	1	88R20123 SCP-D
2	2	By: Campos, Raymond, Morales of Maverick, H.B. No. 2544
3	3	Garcia
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the physician assistant licensure compact; authorizing
9	9	a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 204, Occupations Code, is amended by
12	12	adding Subchapter I to read as follows:
13	13	SUBCHAPTER I. PHYSICIAN ASSISTANT LICENSURE COMPACT
14	14	Sec. 204.401. PHYSICIAN ASSISTANT LICENSURE COMPACT. The
15	15	Physician Assistant Licensure Compact is enacted and entered into
16	16	with all other jurisdictions that legally join in the compact,
17	17	which reads as follows:
18	18	PA LICENSURE COMPACT
19	19	Section 1. Purpose
20	20	In order to strengthen access to Medical Services, and in
21	21	recognition of the advances in the delivery of Medical Services,
22	22	the Participating States of the PA Licensure Compact have allied in
23	23	common purpose to develop a comprehensive process that complements
24	24	the existing authority of State Licensing Boards to license and
25	25	discipline PAs and seeks to enhance the portability of a License to
26	26	practice as a PA while safeguarding the safety of patients. This
27	27	Compact allows Medical Services to be provided by PAs, via the
28	28	mutual recognition of the Licensee's Qualifying License by other
29	29	Compact Participating States. This Compact also adopts the
30	30	prevailing standard for PA licensure and affirms that the practice
31	31	and delivery of Medical Services by the PA occurs where the patient
32	32	is located at the time of the patient encounter, and therefore
33	33	requires the PA to be under the jurisdiction of the State Licensing
34	34	Board where the patient is located. State Licensing Boards that
35	35	participate in this Compact retain the jurisdiction to impose
36	36	Adverse Action against a Compact Privilege in that State issued to a
37	37	PA through the procedures of this Compact. The PA Licensure Compact
38	38	will alleviate burdens for military families by allowing active
39	39	duty military personnel and their spouses to obtain a Compact
40	40	Privilege based on having an unrestricted License in good standing
41	41	from a Participating State.
42	42	Section 2. Definitions
43	43	In this Compact:
44	44	A. "Adverse Action" means any administrative, civil,
45	45	equitable, or criminal action permitted by a State's laws which is
46	46	imposed by a Licensing Board or other authority against a PA License
47	47	or License application or Compact Privilege such as License denial,
48	48	censure, revocation, suspension, probation, monitoring of the
49	49	Licensee, or restriction on the Licensee's practice.
50	50	B. "Compact Privilege" means the authorization granted by a
51	51	Remote State to allow a Licensee from another Participating State
52	52	to practice as a PA to provide Medical Services and other licensed
53	53	activity to a patient located in the Remote State under the Remote
54	54	State's laws and regulations.
55	55	C. "Conviction" means a finding by a court that an
56	56	individual is guilty of a felony or misdemeanor offense through
57	57	adjudication or entry of a plea of guilt or no contest to the charge
58	58	by the offender
59	59	D. "Criminal Background Check" means the submission of
60	60	fingerprints or other biometric-based information for a License
61	61	applicant for the purpose of obtaining that applicant's criminal
62	62	history record information, as defined in 28 C.F.R. § 20.3(d), from
63	63	the State's criminal history record repository as defined in 28
64	64	C.F.R. § 20.3(f).
65	65	E. "Data System" means the repository of information about
66	66	Licensees, including but not limited to License status and Adverse
67	67	Actions, which is created and administered under the terms of this
68	68	Compact.
69	69	F. "Executive Committee" means a group of directors and
70	70	ex-officio individuals elected or appointed pursuant to Section
71	71	7.F.2.
72	72	G. "Impaired Practitioner" means a PA whose practice is
73	73	adversely affected by health-related condition(s) that impact
74	74	their ability to practice.
75	75	H. "Investigative Information" means information, records,
76	76	or documents received or generated by a Licensing Board pursuant to
77	77	an investigation.
78	78	I. "Jurisprudence Requirement" means the assessment of an
79	79	individual's knowledge of the laws and Rules governing the practice
80	80	of a PA in a State.
81	81	J. "License" means current authorization by a State, other
82	82	than authorization pursuant to a Compact Privilege, for a PA to
83	83	provide Medical Services, which would be unlawful without current
84	84	authorization.
85	85	K. "Licensee" means an individual who holds a License from a
86	86	State to provide Medical Services as a PA.
87	87	L. "Licensing Board" means any State entity authorized to
88	88	license and otherwise regulate PAs.
89	89	M. "Medical Services" means health care services provided
90	90	for the diagnosis, prevention, treatment, cure or relief of a
91	91	health condition, injury, or disease, as defined by a State's laws
92	92	and regulations.
93	93	N. "Model Compact" means the model for the PA Licensure
94	94	Compact on file with The Council of State Governments or other
95	95	entity as designated by the Commission.
96	96	O. "Participating State" means a State that has enacted this
97	97	Compact.
98	98	P. "PA" means an individual who is licensed as a physician
99	99	assistant in a State. For purposes of this Compact, any other title
100	100	or status adopted by a State to replace the term "physician
101	101	assistant" shall be deemed synonymous with "physician assistant"
102	102	and shall confer the same rights and responsibilities to the
103	103	Licensee under the provisions of this Compact at the time of its
104	104	enactment.
105	105	Q. "PA Licensure Compact Commission," "Compact Commission,"
106	106	or "Commission" mean the national administrative body created
107	107	pursuant to Section 7.A of this Compact.
108	108	R. "Qualifying License" means an unrestricted License
109	109	issued by a Participating State to provide Medical Services as a PA.
110	110	S. "Remote State" means a Participating State where a
111	111	Licensee who is not licensed as a PA is exercising or seeking to
112	112	exercise the Compact Privilege.
113	113	T. "Rule" means a regulation promulgated by an entity that
114	114	has the force and effect of law.
115	115	U. "Significant Investigative Information" means
116	116	Investigative Information that a Licensing Board, after an inquiry
117	117	or investigation that includes notification and an opportunity for
118	118	the PA to respond if required by State law, has reason to believe is
119	119	not groundless and, if proven true, would indicate more than a minor
120	120	infraction.
121	121	V. "State" means any state, commonwealth, district, or
122	122	territory of the United States.
123	123	Section 3. State Participation in this Compact
124	124	A. To participate in this Compact, a Participating State
125	125	shall:
126	126	1. License PAs.
127	127	2. Participate in the Compact Commission's Data
128	128	System.
129	129	3. Have a mechanism in place for receiving and
130	130	investigating complaints against Licensees and License applicants.
131	131	4. Notify the Commission, in compliance with the terms
132	132	of this Compact and Commission Rules, of any Adverse Action against
133	133	a Licensee or License applicant and the existence of Significant
134	134	Investigative Information regarding a Licensee or License
135	135	applicant.
136	136	5. Fully implement a Criminal Background Check
137	137	requirement, within a time frame established by Commission Rule, by
138	138	its Licensing Board receiving the results of a Criminal Background
139	139	Check and reporting to the Commission whether the License applicant
140	140	has been granted a License.
141	141	6. Comply with the Rules of the Compact Commission.
142	142	7. Utilize passage of a recognized national exam such
143	143	as the NCCPA PANCE as a requirement for PA licensure.
144	144	8. Require continuing education for License renewal.
145	145	9. Grant the Compact Privilege to a holder of a
146	146	Qualifying License in a Participating State.
147	147	B. Nothing in this Compact prohibits a Participating State
148	148	from charging a fee for granting the Compact Privilege.
149	149	Section 4. Compact Privilege
150	150	A. To exercise the Compact Privilege, a Licensee must:
151	151	1. Have graduated from a PA program accredited by the
152	152	Accreditation Review Commission on Education for the Physician
153	153	Assistant, Inc. or other programs authorized by Commission Rule.
154	154	2. Hold current NCCPA certification.
155	155	3. Have no felony or misdemeanor Conviction
156	156	4. Have never had a controlled substance license,
157	157	permit, or registration suspended or revoked by a State or by the
158	158	United States Drug Enforcement Administration.
159	159	5. Have a unique identifier as determined by
160	160	Commission Rule.
161	161	6. Hold a Qualifying License.
162	162	7. Have had no revocation of a License or limitation or
163	163	restriction on any License currently held due to an adverse action.
164	164	8. If a Licensee has had a limitation or restriction on
165	165	a License or Compact Privilege due to an Adverse Action, two years
166	166	must have elapsed from the date on which the License or Compact
167	167	Privilege is no longer limited or restricted due to the Adverse
168	168	Action.
169	169	9. If a Compact Privilege has been revoked or is
170	170	limited or restricted in a Participating State for conduct that
171	171	would not be a basis for disciplinary action in a Participating
172	172	State in which the Licensee is practicing or applying to practice
173	173	under a Compact Privilege, that Participating State shall have the
174	174	discretion not to consider such action as an Adverse Action
175	175	requiring the denial or removal of a Compact Privilege in that
176	176	State.
177	177	10. Notify the Compact Commission that the Licensee is
178	178	seeking the Compact Privilege in a Remote State.
179	179	11. Meet any Jurisprudence Requirement of a Remote
180	180	State in which the Licensee is seeking to practice under the Compact
181	181	Privilege and pay any fees applicable to satisfying the
182	182	Jurisprudence Requirement.
183	183	12. Report to the Commission any Adverse Action taken
184	184	by a non-participating State within thirty (30) days after the
185	185	action is taken.
186	186	B. The Compact Privilege is valid until the expiration or
187	187	revocation of the Qualifying License unless terminated pursuant to
188	188	an Adverse Action. The Licensee must also comply with all of the
189	189	requirements of Subsection A above to maintain the Compact
190	190	Privilege in a Remote State. If the Participating State takes
191	191	Adverse Action against a Qualifying License, the Licensee shall
192	192	lose the Compact Privilege in any Remote State in which the Licensee
193	193	has a Compact Privilege until all of the following occur:
194	194	1. The License is no longer limited or restricted; and
195	195	2. Two (2) years have elapsed from the date on which
196	196	the License is no longer limited or restricted due to the Adverse
197	197	Action.
198	198	C. Once a restricted or limited License satisfies the
199	199	requirements of Subsection B.1 and 2, the Licensee must meet the
200	200	requirements of Subsection A to obtain a Compact Privilege in any
201	201	Remote State.
202	202	D. For each Remote State in which a PA seeks authority to
203	203	prescribe controlled substances, the PA shall satisfy all
204	204	requirements imposed by such State in granting or renewing such
205	205	authority.
206	206	Section 5. Designation of the State from Which Licensee is
207	207	Applying for a Compact Privilege
208	208	A. Upon a Licensee's application for a Compact Privilege,
209	209	the Licensee shall identify to the Commission the Participating
210	210	State from which the Licensee is applying, in accordance with
211	211	applicable Rules adopted by the Commission, and subject to the
212	212	following requirements:
213	213	1. When applying for a Compact Privilege, the Licensee
214	214	shall provide the Commission with the address of the Licensee's
215	215	primary residence and thereafter shall immediately report to the
216	216	Commission any change in the address of the Licensee's primary
217	217	residence.
218	218	2. When applying for a Compact Privilege, the Licensee
219	219	is required to consent to accept service of process by mail at the
220	220	Licensee's primary residence on file with the Commission with
221	221	respect to any action brought against the Licensee by the
222	222	Commission or a Participating State, including a subpoena, with
223	223	respect to any action brought or investigation conducted by the
224	224	Commission or a Participating State.
225	225	Section 6. Adverse Actions
226	226	A. Participating State in which a Licensee is licensed shall
227	227	have exclusive power to impose Adverse Action against the
228	228	Qualifying License issued by that Participating State.
229	229	B. In addition to the other powers conferred by State law, a
230	230	Remote State shall have the authority, in accordance with existing
231	231	State due process law, to do all of the following:
232	232	1. Take Adverse Action against a PA's Compact
233	233	Privilege within that State to remove a Licensee's Compact
234	234	Privilege or take other action necessary under applicable law to
235	235	protect the health and safety of its citizens.
236	236	2. Issue subpoenas for both hearings and
237	237	investigations that require the attendance and testimony of
238	238	witnesses as well as the production of evidence. Subpoenas issued
239	239	by a Licensing Board in a Participating State for the attendance and
240	240	testimony of witnesses or the production of evidence from another
241	241	Participating State shall be enforced in the latter State by any
242	242	court of competent jurisdiction, according to the practice and
243	243	procedure of that court applicable to subpoenas issued in
244	244	proceedings pending before it. The issuing authority shall pay any
245	245	witness fees, travel expenses, mileage and other fees required by
246	246	the service statutes of the State in which the witnesses or evidence
247	247	are located.
248	248	3. Notwithstanding paragraph 1, subpoenas may not be
249	249	issued by a Participating State to gather evidence of conduct in
250	250	another State that is lawful in that other State for the purpose of
251	251	taking Adverse Action against a Licensee's Compact Privilege or
252	252	application for a Compact Privilege in that Participating State.
253	253	4. Nothing in this Compact authorizes a Participating
254	254	State to impose discipline against a PA's Compact Privilege or to
255	255	deny an application for a Compact Privilege in that Participating
256	256	State for the individual's otherwise lawful practice in another
257	257	State.
258	258	C. For purposes of taking Adverse Action, the Participating
259	259	State which issued the Qualifying License shall give the same
260	260	priority and effect to reported conduct received from any other
261	261	Participating State as it would if the conduct had occurred within
262	262	the Participating State which issued the Qualifying License. In so
263	263	doing, that Participating State shall apply its own State laws to
264	264	determine appropriate action.
265	265	D. A Participating State, if otherwise permitted by State
266	266	law, may recover from the affected PA the costs of investigations
267	267	and disposition of cases resulting from any Adverse Action taken
268	268	against that PA.
269	269	E. A Participating State may take Adverse Action based on
270	270	the factual findings of a Remote State, provided that the
271	271	Participating State follows its own procedures for taking the
272	272	Adverse Action.
273	273	F. Joint Investigations
274	274	1. In addition to the authority granted to a
275	275	Participating State by its respective State PA laws and regulations
276	276	or other applicable State law, any Participating State may
277	277	participate with other Participating States in joint
278	278	investigations of Licensees.
279	279	2. Participating States shall share any
280	280	investigative, litigation, or compliance materials in furtherance
281	281	of any joint or individual investigation initiated under this
282	282	Compact.
283	283	G. If an Adverse Action is taken against a PA's Qualifying
284	284	License, the PA's Compact Privilege in all Remote States shall be
285	285	deactivated until two (2) years have elapsed after all restrictions
286	286	have been removed from the State License. All disciplinary orders
287	287	by the Participating State which issued the Qualifying License that
288	288	impose Adverse Action against a PA's License shall include a
289	289	Statement that the PA's Compact Privilege is deactivated in all
290	290	Participating States during the pendency of the order.
291	291	H. If any Participating State takes Adverse Action, it
292	292	promptly shall notify the administrator of the Data System.
293	293	Section 7. Establishment of the PA Licensure Compact Commission
294	294	A. The Participating States hereby create and establish a
295	295	joint government agency and national administrative body known as
296	296	the PA Licensure Compact Commission. The Commission is an
297	297	instrumentality of the Compact States acting jointly and not an
298	298	instrumentality of any one State. The Commission shall come into
299	299	existence on or after the effective date of the Compact as set forth
300	300	in Section 11.A.
301	301	B. Membership, Voting, and Meetings
302	302	1. Each Participating State shall have and be limited
303	303	to one (1) delegate selected by that Participating State's
304	304	Licensing Board or, if the State has more than one Licensing Board,
305	305	selected collectively by the Participating State's Licensing
306	306	Boards.
307	307	2. The delegate shall be either:
308	308	a. A current PA, physician or public member of a
309	309	Licensing Board or PA Council/Committee; or
310	310	b. An administrator of a Licensing Board.
311	311	3. Any delegate may be removed or suspended from
312	312	office as provided by the laws of the State from which the delegate
313	313	is appointed.
314	314	4. The Participating State Licensing Board shall fill
315	315	any vacancy occurring in the Commission within sixty (60) days.
316	316	5. Each delegate shall be entitled to one (1) vote on
317	317	all matters voted on by the Commission and shall otherwise have an
318	318	opportunity to participate in the business and affairs of the
319	319	Commission. A delegate shall vote in person or by such other means
320	320	as provided in the bylaws. The bylaws may provide for delegates'
321	321	participation in meetings by telecommunications, video conference,
322	322	or other means of communication.
323	323	6. The Commission shall meet at least once during each
324	324	calendar year. Additional meetings shall be held as set forth in
325	325	this Compact and the bylaws.
326	326	7. The Commission shall establish by Rule a term of
327	327	office for delegates.
328	328	C. The Commission shall have the following powers and
329	329	duties:
330	330	1. Establish a code of ethics for the Commission;
331	331	2. Establish the fiscal year of the Commission;
332	332	3. Establish fees;
333	333	4. Establish bylaws;
334	334	5. Maintain its financial records in accordance with
335	335	the bylaws;
336	336	6. Meet and take such actions as are consistent with
337	337	the provisions of this Compact and the bylaws;
338	338	7. Promulgate Rules to facilitate and coordinate
339	339	implementation and administration of this Compact. The Rules shall
340	340	have the force and effect of law and shall be binding in all
341	341	Participating States;
342	342	8. Bring and prosecute legal proceedings or actions in
343	343	the name of the Commission, provided that the standing of any State
344	344	Licensing Board to sue or be sued under applicable law shall not be
345	345	affected;
346	346	9. Purchase and maintain insurance and bonds;
347	347	10. Borrow, accept, or contract for services of
348	348	personnel, including, but not limited to, employees of a
349	349	Participating State;
350	350	11. Hire employees and engage contractors, elect or
351	351	appoint officers, fix compensation, define duties, grant such
352	352	individuals appropriate authority to carry out the purposes of this
353	353	Compact, and establish the Commission's personnel policies and
354	354	programs relating to conflicts of interest, qualifications of
355	355	personnel, and other related personnel matters;
356	356	12. Accept any and all appropriate donations and
357	357	grants of money, equipment, supplies, materials and services, and
358	358	receive, utilize and dispose of the same; provided that at all times
359	359	the Commission shall avoid any appearance of impropriety or
360	360	conflict of interest;
361	361	13. Lease, purchase, accept appropriate gifts or
362	362	donations of, or otherwise own, hold, improve or use, any property,
363	363	real, personal or mixed; provided that at all times the Commission
364	364	shall avoid any appearance of impropriety;
365	365	14. Sell, convey, mortgage, pledge, lease, exchange,
366	366	abandon, or otherwise dispose ofany property real, personal, or
367	367	mixed;
368	368	15. Establish a budget and make expenditures;
369	369	16. Borrow money;
370	370	17. Appoint committees, including standing committees
371	371	composed of members, State regulators, State legislators or their
372	372	representatives, and consumer representatives, and such other
373	373	interested persons as may be designated in this Compact and the
374	374	bylaws;
375	375	18. Provide and receive information from, and
376	376	cooperate with, law enforcement agencies;
377	377	19. Elect a Chair, Vice Chair, Secretary and Treasurer
378	378	and such other officers of the Commission as provided in the
379	379	Commission's bylaws.
380	380	20. Reserve for itself, in addition to those reserved
381	381	exclusively to the Commission under the Compact, powers that the
382	382	Executive Committee may not exercise;
383	383	21. Approve or disapprove a State's participation in
384	384	the Compact based upon its determination as to whether the State's
385	385	Compact legislation departs in a material manner from the Model
386	386	Compact language;
387	387	22. Prepare and provide to the Participating States an
388	388	annual report; and
389	389	23. Perform such other functions as may be necessary
390	390	or appropriate to achieve the purposes of this Compact consistent
391	391	with the State regulation of PA licensure and practice.
392	392	D. Meetings of the Commission
393	393	1. All meetings of the Commission that are not closed
394	394	pursuant to this subsection shall be open to the public. Notice of
395	395	public meetings shall be posted on the Commission's website at
396	396	least thirty (30) days prior to the public meeting.
397	397	2. Notwithstanding subsection D.1 of this section, the
398	398	Commission may convene a public meeting by providing at least
399	399	twenty-four (24) hours prior notice on the Commission's website,
400	400	and any other means as provided in the Commission's Rules, for any
401	401	of the reasons it may dispense with notice of proposed rulemaking
402	402	under Section 9.L.
403	403	3. The Commission may convene in a closed, non-public
404	404	meeting or non-public part of a public meeting to receive legal
405	405	advice or to discuss:
406	406	a. Non-compliance of a Participating State with
407	407	its obligations under this Compact;
408	408	b. The employment, compensation, discipline or
409	409	other matters, practices or procedures related to specific
410	410	employees or other matters related to the Commission's internal
411	411	personnel practices and procedures;
412	412	c. Current, threatened, or reasonably
413	413	anticipated litigation;
414	414	d. Negotiation of contracts for the purchase,
415	415	lease, or sale of goods, services, or real estate;
416	416	e. Accusing any person of a crime or formally
417	417	censuring any person;
418	418	f. Disclosure of trade secrets or commercial or
419	419	financial information that is privileged or confidential;
420	420	g. Disclosure of information of a personal nature
421	421	where disclosure would constitute a clearly unwarranted invasion of
422	422	personal privacy;
423	423	h. Disclosure of investigative records compiled
424	424	for law enforcement purposes;
425	425	i. Disclosure of information related to any
426	426	investigative reports prepared byor on behalf of or for use of the
427	427	Commission or other committee charged with responsibility of
428	428	investigation or determination of compliance issues pursuant to
429	429	this Compact;
430	430	j. Legal advice; or
431	431	k. Matters specifically exempted from disclosure
432	432	by federal or Participating States' statutes
433	433	4. If a meeting, or portion of a meeting, is closed
434	434	pursuant to this provision, the chair of the meeting or the chair's
435	435	designee shall certify that the meeting or portion of the meeting
436	436	may be closed and shall reference each relevant exempting
437	437	provision.
438	438	5. The Commission shall keep minutes that fully and
439	439	clearly describe all matters discussed in a meeting and shall
440	440	provide a full and accurate summary of actions taken, including a
441	441	description of the views expressed. All documents considered in
442	442	connection with an action shall be identified in such minutes. All
443	443	minutes and documents of a closed meeting shall remain under seal,
444	444	subject to release by a majority vote of the Commission or order of
445	445	a court of competent jurisdiction.
446	446	E. Financing of the Commission
447	447	1. The Commission shall pay, or provide for the
448	448	payment of, the reasonable expenses of its establishment,
449	449	organization, and ongoing activities.
450	450	2. The Commission may accept any and all appropriate
451	451	revenue sources, donations, and grants of money, equipment,
452	452	supplies, materials, and services.
453	453	3. The Commission may levy on and collect an annual
454	454	assessment from each Participating State and may impose Compact
455	455	Privilege fees on Licensees of Participating States to whom a
456	456	Compact Privilege is granted to cover the cost of the operations and
457	457	activities of the Commission and its staff, which must be in a total
458	458	amount sufficient to cover its annual budget as approved by the
459	459	Commission each year for which revenue is not provided by other
460	460	sources. The aggregate annual assessment amount levied on
461	461	Participating States shall be allocated based upon a formula to be
462	462	determined by Commission Rule.
463	463	a. A Compact Privilege expires when the
464	464	Licensee's Qualifying License in the Participating State from which
465	465	the Licensee applied for the Compact Privilege expires.
466	466	b. If the Licensee terminates the Qualifying
467	467	License through which the Licensee applied for the Compact
468	468	Privilege before its scheduled expiration, and the Licensee has a
469	469	Qualifying License in another Participating State, the Licensee
470	470	shall inform the Commission that it is changing to that
471	471	Participating State the Participating State through which it
472	472	applies for a Compact Privilege and pay to the Commission any
473	473	Compact Privilege fee required by Commission Rule.
474	474	4. The Commission shall not incur obligations of any
475	475	kind prior to securing the funds adequate to meet the same; nor
476	476	shall the Commission pledge the credit of any of the Participating
477	477	States, except by and with the authority of the Participating
478	478	State.
479	479	5. The Commission shall keep accurate accounts of all
480	480	receipts and disbursements. The receipts and disbursements of the
481	481	Commission shall be subject to the financial review and accounting
482	482	procedures established under its bylaws. All receipts and
483	483	disbursements of funds handled by the Commission shall be subject
484	484	to an annual financial review by a certified or licensed public
485	485	accountant, and the report of the financial review shall be
486	486	included in and become part of the annual report of the Commission.
487	487	F. The Executive Committee
488	488	1. The Executive Committee shall have the power to act
489	489	on behalf of the Commission according to the terms of this Compact
490	490	and Commission Rules.
491	491	2. The Executive Committee shall be composed of nine
492	492	(9) members:
493	493	a. Seven voting members who are elected by the
494	494	Commission from the current membership of the Commission;
495	495	b. One ex-officio, nonvoting member from a
496	496	recognized national PA professional association; and
497	497	c. One ex-officio, nonvoting member from a
498	498	recognized national PA certification organization.
499	499	3. The ex-officio members will be selected by their
500	500	respective organizations.
501	501	4. The Commission may remove any member of the
502	502	Executive Committee as provided in its bylaws.
503	503	5. The Executive Committee shall meet at least
504	504	annually.
505	505	6. The Executive Committee shall have the following
506	506	duties and responsibilities:
507	507	a. Recommend to the Commission changes to the
508	508	Commission's Rules or bylaws, changes to this Compact legislation,
509	509	fees to be paid by Compact Participating States such as annual dues,
510	510	and any Commission Compact fee charged to Licensees for the Compact
511	511	Privilege;
512	512	b. Ensure Compact administration services are
513	513	appropriately provided, contractual or otherwise;
514	514	c. Prepare and recommend the budget;
515	515	d. Maintain financial records on behalf of the
516	516	Commission;
517	517	e. Monitor Compact compliance of Participating
518	518	States and provide compliance reports to the Commission;
519	519	f. Establish additional committees as necessary;
520	520	g. Exercise the powers and duties of the
521	521	Commission during the interim between Commission meetings, except
522	522	for issuing proposed rulemaking or adopting Commission Rules or
523	523	bylaws, or exercising any other powers and duties exclusively
524	524	reserved to the Commission by the Commission's Rules; and
525	525	h. Perform other duties as provided in the
526	526	Commission's Rules or bylaws.
527	527	7. All meeting of the Executive Committee at which it
528	528	votes or plans to vote on matters in exercising the powers and
529	529	duties of the Commission shall be open to the public and public
530	530	notice of such meetings shall be given as public meetings of the
531	531	Commission are given.
532	532	8. The Executive Committee may convene in a closed,
533	533	non-public meeting for the same reasons that the Commission may
534	534	convene in a non-public meeting as set forth in Section 7.D 3 and
535	535	shall announce the closed meeting as the Commission is required to
536	536	under Section 7.D.4 and keep minutes of the closed meeting as the
537	537	Commission is required to under Section 7.D.5.
538	538	G. Qualified Immunity, Defense, and Indemnification
539	539	1. The members, officers, executive director,
540	540	employees and representatives of the Commission shall be immune
541	541	from suit and liability, both personally and in their official
542	542	capacity, for any claim for damage to or loss of property or
543	543	personal injury or other civil liability caused by or arising out of
544	544	any actual or alleged act, error, or omission that occurred, or that
545	545	the person against whom the claim is made had a reasonable basis for
546	546	believing occurred within the scope of Commission employment,
547	547	duties or responsibilities; provided that nothing in this paragraph
548	548	shall be construed to protect any such person from suit or liability
549	549	for any damage, loss, injury, or liability caused by the
550	550	intentional or willful or wanton misconduct of that person. The
551	551	procurement of insurance of any type by the Commission shall not in
552	552	any way compromise or limit the immunity granted hereunder.
553	553	2. The Commission shall defend any member, officer,
554	554	executive director, employee, and representative of the Commission
555	555	in any civil action seeking to impose liability arising out of any
556	556	actual or alleged act, error, or omission that occurred within the
557	557	scope of Commission employment, duties, or responsibilities, or as
558	558	determined by the commission that the person against whom the claim
559	559	is made had a reasonable basis for believing occurred within the
560	560	scope of Commission employment, duties, or responsibilities;
561	561	provided that nothing herein shall be construed to prohibit that
562	562	person from retaining their own counsel at their own expense; and
563	563	provided further, that the actual or alleged act, error, or
564	564	omission did not result from that person's intentional or willful
565	565	or wanton misconduct.
566	566	3. The Commission shall indemnify and hold harmless
567	567	any member, officer, executive director, employee, and
568	568	representative of the Commission for the amount of any settlement
569	569	or judgment obtained against that person arising out of any actual
570	570	or alleged act, error, or omission that occurred within the scope of
571	571	Commission employment, duties, or responsibilities, or that such
572	572	person had a reasonable basis for believing occurred within the
573	573	scope of Commission employment, duties, or responsibilities,
574	574	provided that the actual or alleged act, error, or omission did not
575	575	result from the intentional or willful or wanton misconduct of that
576	576	person.
577	577	4. Venue is proper and judicial proceedings by or
578	578	against the Commission shall be brought solely and exclusively in a
579	579	court of competent jurisdiction where the principal office of the
580	580	Commission is located. The Commission may waive venue and
581	581	jurisdictional defenses in any proceedings as authorized by
582	582	Commission Rules.
583	583	5. Nothing herein shall be construed as a limitation
584	584	on the liability of any Licensee for professional malpractice or
585	585	misconduct, which shall be governed solely by any other applicable
586	586	State laws.
587	587	6. Nothing herein shall be construed to designate the
588	588	venue or jurisdiction to bring actions for alleged acts of
589	589	malpractice, professional misconduct, negligence, or other such
590	590	civil action pertaining to the practice of a PA. All such matters
591	591	shall be determined exclusively by State law other than this
592	592	Compact.
593	593	7. Nothing in this Compact shall be interpreted to
594	594	waive or otherwise person's intentional or willful or wanton
595	595	misconduct.abrogate a Participating State's state action immunity
596	596	or state action affirmative defense with respect to antitrust
597	597	claims under the Sherman Act, Clayton Act, or any other State or
598	598	federal antitrust or anticompetitive law or regulation.
599	599	8. Nothing in this Compact shall be construed to be a
600	600	waiver of sovereign immunity by the Participating States or by the
601	601	Commission.
602	602	Section 8. Data System
603	603	A. The Commission shall provide for the development,
604	604	maintenance, operation, and utilization of a coordinated data and
605	605	reporting system containing licensure, Adverse Action, and the
606	606	reporting of the existence of Significant Investigative
607	607	Information on all licensed PAs and applicants denied a License in
608	608	Participating States.
609	609	B. Notwithstanding any other State law to the contrary, a
610	610	Participating State shall submit a uniform data set to the Data
611	611	System on all PAs to whom this Compact is applicable (utilizing a
612	612	unique identifier) as required by the Rules of the Commission,
613	613	including:
614	614	1. Identifying information;
615	615	2. Licensure data;
616	616	3. Adverse Actions against a License or Compact
617	617	Privilege;
618	618	4. Any denial of application for licensure, and the
619	619	reason(s) for such denial (excluding the reporting of any Criminal
620	620	history record information where prohibited by law);
621	621	5. The existence of Significant Investigative
622	622	Information; and
623	623	6. Other information that may facilitate the
624	624	administration of this Compact, as determined by the Rules of the
625	625	Commission.
626	626	C. Significant Investigative Information pertaining to a
627	627	Licensee in any Participating State shall only be available to
628	628	other Participating States.
629	629	D. The Commission shall promptly notify all Participating
630	630	States of any Adverse Action taken against a Licensee or an
631	631	individual applying for a License that has been reported to it. This
632	632	Adverse Action information shall be available to any other
633	633	Participating State.
634	634	E. Participating States contributing information to the
635	635	Data System may, in accordance with State or federal law, designate
636	636	information that may not be shared with the public without the
637	637	express permission of the contributing State. Notwithstanding any
638	638	such designation, such information shall be reported to the
639	639	Commission through the Data System.
640	640	F. Any information submitted to the Data System that is
641	641	subsequently expunged pursuant to federal law or the laws of the
642	642	Participating State contributing the information shall be removed
643	643	from the Data System upon reporting of such by the Participating
644	644	State to the Commission.
645	645	G. The records and information provided to a Participating
646	646	State pursuant to this Compact or through the Data System, when
647	647	certified by the Commission or an agent thereof, shall constitute
648	648	the authenticated business records of the Commission, and shall be
649	649	entitled to any associated hearsay exception in any relevant
650	650	judicial, quasi-judicial or administrative proceedings in a
651	651	Participating State.
652	652	Section 9. Rulemaking
653	653	A. The Commission shall exercise its Rulemaking powers
654	654	pursuant to the criteria set forth in this Section and the Rules
655	655	adopted thereunder. Commission Rules shall become binding as of the
656	656	date specified by the Commission for each Rule.
657	657	B. The Commission shall promulgate reasonable Rules in
658	658	order to effectively and efficiently implement and administer this
659	659	Compact and achieve its purposes. A Commission Rule shall be
660	660	invalid and have not force or effect only if a court of competent
661	661	jurisdiction holds that the Rule is invalid because the Commission
662	662	exercised its rulemaking authority in a manner that is beyond the
663	663	scope of the purposes of this Compact, or the powers granted
664	664	hereunder, or based upon another applicable standard of review.
665	665	C. The Rules of the Commission shall have the force of law in
666	666	each Participating State, provided however that where the Rules of
667	667	the Commission conflict with the laws of the Participating State
668	668	that establish the medical services a PA may perform in the
669	669	Participating State, as held by a court of competent jurisdiction,
670	670	the Rules of the Commission shall be ineffective in that State to
671	671	the extent of the conflict.
672	672	D. If a majority of the legislatures of the Participating
673	673	States rejects a Commission Rule, by enactment of a statute or
674	674	resolution in the same manner used to adopt this Compact within four
675	675	(4) years of the date of adoption of the Rule, then such Rule shall
676	676	have no further force and effect in any Participating State or to
677	677	any State applying to participate in the Compact.
678	678	E. Commission Rules shall be adopted at a regular or special
679	679	meeting of the Commission.
680	680	F. Prior to promulgation and adoption of a final Rule or
681	681	Rules by the Commission, and at least thirty (30) days in advance of
682	682	the meeting at which the Rule will be considered and voted upon, the
683	683	Commission shall file a Notice of Proposed Rulemaking:
684	684	1. On the website of the Commission or other publicly
685	685	accessible platform; and
686	686	2. To persons who have requested notice of the
687	687	Commission's notices of proposed rulemaking, and
688	688	3. In such other way(s) as the Commission may by Rule
689	689	specify
690	690	G. The Notice of Proposed Rulemaking shall include:
691	691	1. The time, date, and location of the public hearing
692	692	on the proposed Rule and the proposed time, date and location of the
693	693	meeting in which the proposed Rule will be considered and voted
694	694	upon;
695	695	2. The text of the proposed Rule and the reason for the
696	696	proposed Rule;
697	697	3. A request for comments on the proposed Rule from any
698	698	interested person and the date by which written comments must be
699	699	received; and
700	700	4. The manner in which interested persons may submit
701	701	notice to the Commission of their intention to attend the public
702	702	hearing or provide any written comments.
703	703	H. Prior to adoption of a proposed Rule, the Commission
704	704	shall allow persons to submit written data, facts, opinions, and
705	705	arguments, which shall be made available to the public.
706	706	I. If the hearing is to be held via electronic means, the
707	707	Commission shall publish the mechanism for access to the electronic
708	708	hearing.
709	709	1. All persons wishing to be heard at the hearing shall
710	710	as directed in the Notice of Proposed Rulemaking, not less than five
711	711	(5) business days before the scheduled date of the hearing, notify
712	712	the Commission of their desire to appear and testify at the hearing.
713	713	2. Hearings shall be conducted in a manner providing
714	714	each person who wishes to comment a fair and reasonable opportunity
715	715	to comment orally or in writing.
716	716	3. All hearings shall be recorded. A copy of the
717	717	recording and the written comments, data, facts, opinions, and
718	718	arguments received in response to the proposed rulemaking shall be
719	719	made available to a person upon request.
720	720	4. Nothing in this section shall be construed as
721	721	requiring a separate hearing on each proposed Rule. Proposed Rules
722	722	may be grouped for the convenience of the Commission at hearings
723	723	required by this section.
724	724	J. Following the public hearing the Commission shall
725	725	consider all written and oral comments timely received.
726	726	K. The Commission shall, by majority vote of all delegates,
727	727	take final action on the proposed Rule and shall determine the
728	728	effective date of the Rule, if adopted, based on the Rulemaking
729	729	record and the full text of the Rule.
730	730	1. If adopted, the Rule shall be posted on the
731	731	Commission's website.
732	732	2. The Commission may adopt changes to the proposed
733	733	Rule provided the changes do not enlarge the original purpose of the
734	734	proposed Rule.
735	735	3. The Commission shall provide on its website an
736	736	explanation of the reasons for substantive changes made to the
737	737	proposed Rule as well as reasons for substantive changes not made
738	738	that were recommended by commenters.
739	739	4. The Commission shall determine a reasonable
740	740	effective date for the Rule. Except for an emergency as provided in
741	741	subsection L, the effective date of the Rule shall be no sooner than
742	742	thirty (30) days after the Commission issued the notice that it
743	743	adopted the Rule.
744	744	L. Upon determination that an emergency exists, the
745	745	Commission may consider and adopt an emergency Rule with
746	746	twenty-four (24) hours prior notice, without the opportunity for
747	747	comment, or hearing, provided that the usual rulemaking procedures
748	748	provided in this Compact and in this section shall be retroactively
749	749	applied to the Rule as soon as reasonably possible, in no event
750	750	later than ninety (90) days after the effective date of the Rule.
751	751	For the purposes of this provision, an emergency Rule is one that
752	752	must be adopted immediately by the Commission in order to:
753	753	1. Meet an imminent threat to public health, safety,
754	754	or welfare;
755	755	2. Prevent a loss of Commission or Participating State
756	756	funds;
757	757	3. Meet a deadline for the promulgation of a
758	758	Commission Rule that is established by federal law or Rule; or
759	759	4. Protect public health and safety.
760	760	M. The Commission or an authorized committee of the
761	761	Commission may direct revisions to a previously adopted Commission
762	762	Rule for purposes of correcting typographical errors, errors in
763	763	format, errors in consistency, or grammatical errors. Public notice
764	764	of any revisions shall be posted on the website of the Commission.
765	765	The revision shall be subject to challenge by any person for a
766	766	period of thirty (30) days after posting. The revision may be
767	767	challenged only on grounds that the revision results in a material
768	768	change to a Rule. A challenge shall be made as set forth in the
769	769	notice of revisions and delivered to the Commission prior to the end
770	770	of the notice period. If no challenge is made, the revision will
771	771	take effect without further action. If the revision is challenged,
772	772	the revision may not take effect without the approval of the
773	773	Commission.
774	774	N. No Participating State's rulemaking requirements shall
775	775	apply under this Compact.
776	776	Section 10. Oversight, Dispute Resolution, and Enforcement
777	777	A. Oversight
778	778	1. The executive and judicial branches of State
779	779	government in each Participating State shall enforce this Compact
780	780	and take all actions necessary and appropriate to implement the
781	781	Compact.
782	782	2. Venue is proper and judicial proceedings by or
783	783	against the Commission shall be brought solely and exclusively in a
784	784	court of competent jurisdiction where the principal office of the
785	785	Commission is located. The Commission may waive venue and
786	786	jurisdictional defenses to the extent it adopts or consents to
787	787	participate in alternative dispute resolution proceedings. Nothing
788	788	herein shall affect or limit the selection or propriety of venue in
789	789	any action against a licensee for professional malpractice,
790	790	misconduct or any such similar matter.
791	791	3. The Commission shall be entitled to receive service
792	792	of process in any proceeding regarding the enforcement or
793	793	interpretation of the Compact or the Commission's Rules and shall
794	794	have standing to intervene in such a proceeding for all purposes.
795	795	Failure to provide the Commission with service of process shall
796	796	render a judgment or order in such proceeding void as to the
797	797	Commission, this Compact, or Commission Rules.
798	798	B. Default, Technical Assistance, and Termination
799	799	1. If the Commission determines that a Participating
800	800	State has defaulted in the performance of its obligations or
801	801	responsibilities under this Compact or the Commission Rules, the
802	802	Commission shall provide written notice to the defaulting State and
803	803	other Participating States. The notice shall describe the default,
804	804	the proposed means of curing the default and any other action that
805	805	the Commission may take and shall offer remedial training and
806	806	specific technical assistance regarding the default.
807	807	2. If a State in default fails to cure the default, the
808	808	defaulting State may be terminated from this Compact upon an
809	809	affirmative vote of a majority of the delegates of the
810	810	Participating States, and all rights, privileges and benefits
811	811	conferred by this Compact upon such State may be terminated on the
812	812	effective date of termination. A cure of the default does not
813	813	relieve the offending State of obligations or liabilities incurred
814	814	during the period of default.
815	815	3. Termination of participation in this Compact shall
816	816	be imposed only after all other means of securing compliance have
817	817	been exhausted. Notice of intent to suspend or terminate shall be
818	818	given by the Commission to the governor, the majority and minority
819	819	leaders of the defaulting State's legislature, and to the Licensing
820	820	Board(s) of each of the Participating States.
821	821	4. A State that has been terminated is responsible for
822	822	all assessments, obligations, and liabilities incurred through the
823	823	effective date of termination, including obligations that extend
824	824	beyond the effective date of termination.
825	825	5. The Commission shall not bear any costs related to a
826	826	State that is found to be in default or that has been terminated
827	827	from this Compact, unless agreed upon in writing between the
828	828	Commission and the defaulting State.
829	829	6. The defaulting State may appeal its termination
830	830	from the Compact by the Commission by petitioning the U.S. District
831	831	Court for the District of Columbia or the federal district where the
832	832	Commission has its principal offices. The prevailing member shall
833	833	be awarded all costs of such litigation, including reasonable
834	834	attorney's fees.
835	835	7. Upon the termination of a State's participation in
836	836	the Compact, the State shall immediately provide notice to all
837	837	Licensees within that State of such termination:
838	838	a. Licensees who have been granted a Compact
839	839	Privilege in that State shall retain the Compact Privilege for one
840	840	hundred eighty (180) days following the effective date of such
841	841	termination.
842	842	b. Licensees who are licensed in that State who
843	843	have been granted a Compact Privilege in a Participating State
844	844	shall retain the Compact Privilege for one hundred eighty (180)
845	845	days unless the Licensee also has a Qualifying License in a
846	846	Participating State or obtains a Qualifying License in a
847	847	Participating State before the one hundred eighty (180)-day period
848	848	ends, in which case the Compact Privilege shall continue.
849	849	C. Dispute Resolution
850	850	1. Upon request by a Participating State, the
851	851	Commission shall attempt to resolve disputes related to this
852	852	Compact that arise among Participating States and between
853	853	participating and non-Participating States.
854	854	2. The Commission shall promulgate a Rule providing
855	855	for both mediation and binding dispute resolution for disputes as
856	856	appropriate.
857	857	D. Enforcement
858	858	1. The Commission, in the reasonable exercise of its
859	859	discretion, shall enforce the provisions of this Compact and Rules
860	860	of the Commission.
861	861	2. If compliance is not secured after all means to
862	862	secure compliance have been exhausted, by majority vote, the
863	863	Commission may initiate legal action in the United States District
864	864	Court for the District of Columbia or the federal district where the
865	865	Commission has its principal offices, against a Participating State
866	866	in default to enforce compliance with the provisions of this
867	867	Compact and the Commission's promulgated Rules and bylaws. The
868	868	relief sought may include both injunctive relief and damages. In
869	869	the event judicial enforcement is necessary, the prevailing party
870	870	shall be awarded all costs of such litigation, including reasonable
871	871	attorney's fees.
872	872	3. The remedies herein shall not be the exclusive
873	873	remedies of the Commission. The Commission may pursue any other
874	874	remedies available under federal or State law.
875	875	E. Legal Action Against the Commission
876	876	1. A Participating State may initiate legal action
877	877	against the Commission in the U.S. District Court for the District
878	878	of Columbia or the federal district where the Commission has its
879	879	principal offices to enforce compliance with the provisions of the
880	880	Compact and its Rules. The relief sought may include both
881	881	injunctive relief and damages. In the event judicial enforcement is
882	882	necessary, the prevailing party shall be awarded all costs of such
883	883	litigation, including reasonable attorney's fees.
884	884	2. No person other than a Participating State shall
885	885	enforce this Compact against the Commission.
886	886	Section 11. Date of Implementation of the PA Licensure Compact
887	887	Commission
888	888	A. This Compact shall come into effect on the date on which
889	889	this Compact statute is enacted into law in the seventh
890	890	Participating State.
891	891	1. On or after the effective date of the Compact, the
892	892	Commission shall convene and review the enactment of each of the
893	893	States that enacted the Compact prior to the Commission convening
894	894	("Charter Participating States") to determine if the statute
895	895	enacted by each such Charter Participating State is materially
896	896	different than the Model Compact.
897	897	a. A Charter Participating State whose enactment
898	898	is found to be materially different from the Model Compact shall be
899	899	entitled to the default process set forth in Section 10.B.
900	900	b. If any Participating State later withdraws
901	901	from the Compact or its participation is terminated, the Commission
902	902	shall remain in existence and the Compact shall remain in effect
903	903	even if the number of Participating States should be less than
904	904	seven. Participating States enacting the Compact subsequent to the
905	905	Commission convening shall be subject to the process set forth in
906	906	Section 7.C.21 to determine if their enactments are materially
907	907	different from the Model Compact and whether they qualify for
908	908	participation in the Compact.
909	909	2. Participating States enacting the Compact
910	910	subsequent to the seven initial Charter Participating States shall
911	911	be subject to the process set forth in Section 7.C.21 to determine
912	912	if their enactments are materially different from the Model Compact
913	913	and whether they qualify for participation in the Compact.
914	914	3. All actions taken for the benefit of the Commission
915	915	or in furtherance of the purposes of the administration of the
916	916	Compact prior to the effective date of the Compact or the Commission
917	917	coming into existence shall be considered to be actions of the
918	918	Commission unless specifically repudiated by the Commission.
919	919	B. Any State that joins this Compact shall be subject to the
920	920	Commission's Rules and bylaws as they exist on the date on which
921	921	this Compact becomes law in that State. Any Rule that has been
922	922	previously adopted by the Commission shall have the full force and
923	923	effect of law on the day this Compact becomes law in that State.
924	924	C. Any Participating State may withdraw from this Compact by
925	925	enacting a statute repealing the same.
926	926	1. A Participating State's withdrawal shall not take
927	927	effect until one hundred eighty (180) days after enactment of the
928	928	repealing statute. During this one hundred eighty (180) day-period,
929	929	all Compact Privileges that were in effect in the withdrawing State
930	930	and were granted to Licensees licensed in the withdrawing State
931	931	shall remain in effect. If any Licensee licensed in the withdrawing
932	932	State is also licensed in another Participating State or obtains a
933	933	license in another Participating State within the one hundred
934	934	eighty (180) days, the Licensee's Compact Privileges in other
935	935	Participating States shall not be affected by the passage of the one
936	936	hundred eighty (180) days.
937	937	2. Withdrawal shall not affect the continuing
938	938	requirement of the State Licensing Board(s) of the withdrawing
939	939	State to comply with the investigative, and Adverse Action
940	940	reporting requirements of this Compact prior to the effective date
941	941	of withdrawal.
942	942	3. Upon the enactment of a statute withdrawing a State
943	943	from this Compact, the State shall immediately provide notice of
944	944	such withdrawal to all Licensees within that State. Such
945	945	withdrawing State shall continue to recognize all licenses granted
946	946	pursuant to this Compact for a minimum of one hundred eighty (180)
947	947	days after the date of such notice of withdrawal.
948	948	D. Nothing contained in this Compact shall be construed to
949	949	invalidate or prevent any PA licensure agreement or other
950	950	cooperative arrangement between Participating States and between a
951	951	Participating State and non-Participating State that does not
952	952	conflict with the provisions of this Compact.
953	953	E. This Compact may be amended by the Participating States.
954	954	No amendment to this Compact shall become effective and binding
955	955	upon any Participating State until it is enacted materially in the
956	956	same manner into the laws of all Participating States as determined
957	957	by the Commission.
958	958	Section 12. Construction and Severability
959	959	A. This Compact and the Commission's rulemaking authority
960	960	shall be liberally construed so as to effectuate the purposes, and
961	961	the implementation and administration of the Compact. Provisions of
962	962	the Compact expressly authorizing or requiring the promulgation of
963	963	Rules shall not be construed to limit the Commission's rulemaking
964	964	authority solely for those purposes.
965	965	B. The provisions of this Compact shall be severable and if
966	966	any phrase, clause, sentence or provision of this Compact is held by
967	967	a court of competent jurisdiction to be contrary to the
968	968	constitution of any Participating State, a State seeking
969	969	participation in the Compact, or of the United States, or the
970	970	applicability thereof to any government, agency, person or
971	971	circumstance is held to be unconstitutional by a court of competent
972	972	jurisdiction, the validity of the remainder of this Compact and the
973	973	applicability thereof to any other government, agency, person or
974	974	circumstance shall not be affected thereby.
975	975	C. Notwithstanding subsection B or this section, the
976	976	Commission may deny a State's participation in the Compact or, in
977	977	accordance with the requirements of Section10.B, terminate a
978	978	Participating State's participation in the Compact, if it
979	979	determines that a constitutional requirement of a Participating
980	980	State is, or would be with respect to a State seeking to participate
981	981	in the Compact, a material departure from the Compact. Otherwise,
982	982	if this Compact shall be held to be contrary to the constitution of
983	983	any Participating State, the Compact shall remain in full force and
984	984	effect as to the remaining Participating States and in full force
985	985	and effect as to the Participating State affected as to all
986	986	severable matters.
987	987	Section 13. Binding Effect of Compact
988	988	A. Nothing herein prevents the enforcement of any other law
989	989	of a Participating State that is not inconsistent with this
990	990	Compact.
991	991	B. Any laws in a Participating State in conflict with this
992	992	Compact are superseded to the extent of the conflict.
993	993	C. All agreements between the Commission and the
994	994	Participating States are binding in accordance with their terms.
995	995	Sec. 204.402. ADMINISTRATION OF COMPACT. The physician
996	996	assistant board is the Physician Assistant Licensure Compact
997	997	administrator for this state.
998	998	Sec. 204.403. RULES. The physician assistant board may
999	999	adopt rules necessary to implement this subchapter.
1000	1000	SECTION 2. This Act takes effect September 1, 2023.