Texas 2025 - 89th Regular

Texas House Bill HB1731 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R19086 DNC-D
2		-	By: Campos, Oliverson H.B. No. 1731
3		-	Substitute the following for H.B. No. 1731:
4		-	By: VanDeaver C.S.H.B. No. 1731
	1	+	89R6324 DNC-D
	2	+	By: Campos H.B. No. 1731
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to the physician assistant licensure compact; authorizing
12	10		a fee.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Chapter 204, Occupations Code, is amended by
15	13		adding Subchapter I to read as follows:
16	14		SUBCHAPTER I. PHYSICIAN ASSISTANT LICENSURE COMPACT
17	15		Sec. 204.401. PHYSICIAN ASSISTANT LICENSURE COMPACT. The
18	16		Physician Assistant Licensure Compact is enacted and entered into
19	17		with all other jurisdictions that legally join in the compact,
20	18		which reads as follows:
21	19		PA LICENSURE COMPACT
22	20		Section 1. Purpose
23	21		In order to strengthen access to Medical Services, and in
24	22		recognition of the advances in the delivery of Medical Services,
25	23		the Participating States of the PA Licensure Compact have allied in
26	24		common purpose to develop a comprehensive process that complements
27	25		the existing authority of State Licensing Boards to license and
28	26		discipline PAs and seeks to enhance the portability of a License to
29	27		practice as a PA while safeguarding the safety of patients. This
30	28		Compact allows Medical Services to be provided by PAs, via the
31	29		mutual recognition of the Licensee's Qualifying License by other
32	30		Compact Participating States. This Compact also adopts the
33	31		prevailing standard for PA licensure and affirms that the practice
34	32		and delivery of Medical Services by the PA occurs where the patient
35	33		is located at the time of the patient encounter, and therefore
36	34		requires the PA to be under the jurisdiction of the State Licensing
37	35		Board where the patient is located. State Licensing Boards that
38	36		participate in this Compact retain the jurisdiction to impose
39	37		Adverse Action against a Compact Privilege in that State issued to a
40	38		PA through the procedures of this Compact. The PA Licensure Compact
41	39		will alleviate burdens for military families by allowing active
42	40		duty military personnel and their spouses to obtain a Compact
43	41		Privilege based on having an unrestricted License in good standing
44	42		from a Participating State.
45	43		Section 2. Definitions
46	44		In this Compact:
47	45		A. "Adverse Action" means any administrative, civil,
48	46		equitable, or criminal action permitted by a State's laws which is
49	47		imposed by a Licensing Board or other authority against a PA License
50	48		or License application or Compact Privilege such as License denial,
51	49		censure, revocation, suspension, probation, monitoring of the
52	50		Licensee, or restriction on the Licensee's practice.
53	51		B. "Compact Privilege" means the authorization granted by a
54	52		Remote State to allow a Licensee from another Participating State
55	53		to practice as a PA to provide Medical Services and other licensed
56	54		activity to a patient located in the Remote State under the Remote
57	55		State's laws and regulations.
58	56		C. "Conviction" means a finding by a court that an
59	57		individual is guilty of a felony or misdemeanor offense through
60	58		adjudication or entry of a plea of guilt or no contest to the charge
61	59		by the offender
62	60		D. "Criminal Background Check" means the submission of
63	61		fingerprints or other biometric-based information for a License
64	62		applicant for the purpose of obtaining that applicant's criminal
65	63		history record information, as defined in 28 C.F.R. § 20.3(d), from
66	64		the State's criminal history record repository as defined in 28
67	65		C.F.R. § 20.3(f).
68	66		E. "Data System" means the repository of information about
69	67		Licensees, including but not limited to License status and Adverse
70	68		Actions, which is created and administered under the terms of this
71	69		Compact.
72	70		F. "Executive Committee" means a group of directors and
73	71		ex-officio individuals elected or appointed pursuant to Section
74	72		7.F.2.
75	73		G. "Impaired Practitioner" means a PA whose practice is
76	74		adversely affected by health-related condition(s) that impact
77	75		their ability to practice.
78	76		H. "Investigative Information" means information, records,
79	77		or documents received or generated by a Licensing Board pursuant to
80	78		an investigation.
81	79		I. "Jurisprudence Requirement" means the assessment of an
82	80		individual's knowledge of the laws and Rules governing the practice
83	81		of a PA in a State.
84	82		J. "License" means current authorization by a State, other
85	83		than authorization pursuant to a Compact Privilege, for a PA to
86	84		provide Medical Services, which would be unlawful without current
87	85		authorization.
88	86		K. "Licensee" means an individual who holds a License from a
89	87		State to provide Medical Services as a PA.
90	88		L. "Licensing Board" means any State entity authorized to
91	89		license and otherwise regulate PAs.
92	90		M. "Medical Services" means health care services provided
93	91		for the diagnosis, prevention, treatment, cure or relief of a
94	92		health condition, injury, or disease, as defined by a State's laws
95	93		and regulations.
96	94		N. "Model Compact" means the model for the PA Licensure
97	95		Compact on file with The Council of State Governments or other
98	96		entity as designated by the Commission.
99	97		O. "Participating State" means a State that has enacted this
100	98		Compact.
101	99		P. "PA" means an individual who is licensed as a physician
102	100		assistant in a State. For purposes of this Compact, any other title
103	101		or status adopted by a State to replace the term "physician
104	102		assistant" shall be deemed synonymous with "physician assistant"
105	103		and shall confer the same rights and responsibilities to the
106	104		Licensee under the provisions of this Compact at the time of its
107	105		enactment.
108	106		Q. "PA Licensure Compact Commission," "Compact Commission,"
109	107		or "Commission" mean the national administrative body created
110	108		pursuant to Section 7.A of this Compact.
111	109		R. "Qualifying License" means an unrestricted License
112	110		issued by a Participating State to provide Medical Services as a PA.
113	111		S. "Remote State" means a Participating State where a
114	112		Licensee who is not licensed as a PA is exercising or seeking to
115	113		exercise the Compact Privilege.
116	114		T. "Rule" means a regulation promulgated by an entity that
117	115		has the force and effect of law.
118	116		U. "Significant Investigative Information" means
119	117		Investigative Information that a Licensing Board, after an inquiry
120	118		or investigation that includes notification and an opportunity for
121	119		the PA to respond if required by State law, has reason to believe is
122	120		not groundless and, if proven true, would indicate more than a minor
123	121		infraction.
124	122		V. "State" means any state, commonwealth, district, or
125	123		territory of the United States.
126	124		Section 3. State Participation in this Compact
127	125		A. To participate in this Compact, a Participating State
128	126		shall:
129	127		1. License PAs.
130	128		2. Participate in the Compact Commission's Data
131	129		System.
132	130		3. Have a mechanism in place for receiving and
133	131		investigating complaints against Licensees and License applicants.
134	132		4. Notify the Commission, in compliance with the terms
135	133		of this Compact and Commission Rules, of any Adverse Action against
136	134		a Licensee or License applicant and the existence of Significant
137	135		Investigative Information regarding a Licensee or License
138	136		applicant.
139	137		5. Fully implement a Criminal Background Check
140	138		requirement, within a time frame established by Commission Rule, by
141	139		its Licensing Board receiving the results of a Criminal Background
142	140		Check and reporting to the Commission whether the License applicant
143	141		has been granted a License.
144	142		6. Comply with the Rules of the Compact Commission.
145	143		7. Utilize passage of a recognized national exam such
146	144		as the NCCPA PANCE as a requirement for PA licensure.
147		-	8. Grant the Compact Privilege to a holder of a
	145	+	8. Require continuing education for License renewal.
	146	+	9. Grant the Compact Privilege to a holder of a
148	147		Qualifying License in a Participating State.
149	148		B. Nothing in this Compact prohibits a Participating State
150	149		from charging a fee for granting the Compact Privilege.
151	150		Section 4. Compact Privilege
152	151		A. To exercise the Compact Privilege, a Licensee must:
153	152		1. Have graduated from a PA program accredited by the
154	153		Accreditation Review Commission on Education for the Physician
155	154		Assistant, Inc. or other programs authorized by Commission Rule.
156	155		2. Hold current NCCPA certification.
157	156		3. Have no felony or misdemeanor Conviction
158	157		4. Have never had a controlled substance license,
159	158		permit, or registration suspended or revoked by a State or by the
160	159		United States Drug Enforcement Administration.
161	160		5. Have a unique identifier as determined by
162	161		Commission Rule.
163	162		6. Hold a Qualifying License.
164	163		7. Have had no revocation of a License or limitation or
165	164		restriction on any License currently held due to an adverse action.
166	165		8. If a Licensee has had a limitation or restriction on
167	166		a License or Compact Privilege due to an Adverse Action, two years
168	167		must have elapsed from the date on which the License or Compact
169	168		Privilege is no longer limited or restricted due to the Adverse
170	169		Action.
171	170		9. If a Compact Privilege has been revoked or is
172	171		limited or restricted in a Participating State for conduct that
173	172		would not be a basis for disciplinary action in a Participating
174	173		State in which the Licensee is practicing or applying to practice
175	174		under a Compact Privilege, that Participating State shall have the
176	175		discretion not to consider such action as an Adverse Action
177	176		requiring the denial or removal of a Compact Privilege in that
178	177		State.
179	178		10. Notify the Compact Commission that the Licensee is
180	179		seeking the Compact Privilege in a Remote State.
181	180		11. Meet any Jurisprudence Requirement of a Remote
182	181		State in which the Licensee is seeking to practice under the Compact
183	182		Privilege and pay any fees applicable to satisfying the
184	183		Jurisprudence Requirement.
185	184		12. Report to the Commission any Adverse Action taken
186	185		by a non-participating State within thirty (30) days after the
187	186		action is taken.
188	187		B. The Compact Privilege is valid until the expiration or
189	188		revocation of the Qualifying License unless terminated pursuant to
190	189		an Adverse Action. The Licensee must also comply with all of the
191	190		requirements of Subsection A above to maintain the Compact
192	191		Privilege in a Remote State. If the Participating State takes
193	192		Adverse Action against a Qualifying License, the Licensee shall
194	193		lose the Compact Privilege in any Remote State in which the Licensee
195	194		has a Compact Privilege until all of the following occur:
196	195		1. The License is no longer limited or restricted; and
197	196		2. Two (2) years have elapsed from the date on which
198	197		the License is no longer limited or restricted due to the Adverse
199	198		Action.
200	199		C. Once a restricted or limited License satisfies the
201	200		requirements of Subsection B.1 and 2, the Licensee must meet the
202	201		requirements of Subsection A to obtain a Compact Privilege in any
203	202		Remote State.
204	203		D. For each Remote State in which a PA seeks authority to
205	204		prescribe controlled substances, the PA shall satisfy all
206	205		requirements imposed by such State in granting or renewing such
207	206		authority.
208		-	E. For each Remote State in which a PA exercises the Compact
209		-	Privilege, the PA is subject to the laws of the Remote State that
210		-	establish, restrict, or otherwise regulate the medical services a
211		-	PA may perform, including any requirements concerning physician
212		-	delegation and supervision, collaboration, and any prescribing
213		-	authority requirements. A PA is not authorized by this Compact to
214		-	perform a medical service in violation of the laws of the Remote
215		-	State in which a PA exercises the Compact Privilege.
216	207		Section 5. Designation of the State from Which Licensee is
217	208		Applying for a Compact Privilege
218	209		A. Upon a Licensee's application for a Compact Privilege,
219	210		the Licensee shall identify to the Commission the Participating
220	211		State from which the Licensee is applying, in accordance with
221	212		applicable Rules adopted by the Commission, and subject to the
222	213		following requirements:
223	214		1. When applying for a Compact Privilege, the Licensee
224	215		shall provide the Commission with the address of the Licensee's
225	216		primary residence and thereafter shall immediately report to the
226	217		Commission any change in the address of the Licensee's primary
227	218		residence.
228	219		2. When applying for a Compact Privilege, the Licensee
229	220		is required to consent to accept service of process by mail at the
230	221		Licensee's primary residence on file with the Commission with
231	222		respect to any action brought against the Licensee by the
232	223		Commission or a Participating State, including a subpoena, with
233	224		respect to any action brought or investigation conducted by the
234	225		Commission or a Participating State.
235	226		Section 6. Adverse Actions
236	227		A. A Participating State in which a Licensee is licensed
237	228		shall have exclusive power to impose Adverse Action against the
238	229		Qualifying License issued by that Participating State.
239	230		B. In addition to the other powers conferred by State law, a
240	231		Remote State shall have the authority, in accordance with existing
241	232		State due process law, to do all of the following:
242	233		1. Take Adverse Action against a PA's Compact
243	234		Privilege within that State to remove a Licensee's Compact
244	235		Privilege or take other action necessary under applicable law to
245	236		protect the health and safety of its citizens.
246	237		2. Issue subpoenas for both hearings and
247	238		investigations that require the attendance and testimony of
248	239		witnesses as well as the production of evidence. Subpoenas issued
249	240		by a Licensing Board in a Participating State for the attendance and
250	241		testimony of witnesses or the production of evidence from another
251	242		Participating State shall be enforced in the latter State by any
252	243		court of competent jurisdiction, according to the practice and
253	244		procedure of that court applicable to subpoenas issued in
254	245		proceedings pending before it. The issuing authority shall pay any
255	246		witness fees, travel expenses, mileage and other fees required by
256	247		the service statutes of the State in which the witnesses or evidence
257	248		are located.
258	249		3. Notwithstanding paragraph 1, subpoenas may not be
259	250		issued by a Participating State to gather evidence of conduct in
260	251		another State that is lawful in that other State for the purpose of
261	252		taking Adverse Action against a Licensee's Compact Privilege or
262	253		application for a Compact Privilege in that Participating State.
263	254		4. Nothing in this Compact authorizes a Participating
264	255		State to impose discipline against a PA's Compact Privilege or to
265	256		deny an application for a Compact Privilege in that Participating
266	257		State for the individual's otherwise lawful practice in another
267	258		State.
268	259		C. For purposes of taking Adverse Action, the Participating
269	260		State which issued the Qualifying License shall give the same
270	261		priority and effect to reported conduct received from any other
271	262		Participating State as it would if the conduct had occurred within
272	263		the Participating State which issued the Qualifying License. In so
273	264		doing, that Participating State shall apply its own State laws to
274	265		determine appropriate action.
275	266		D. A Participating State, if otherwise permitted by State
276	267		law, may recover from the affected PA the costs of investigations
277	268		and disposition of cases resulting from any Adverse Action taken
278	269		against that PA.
279	270		E. A Participating State may take Adverse Action based on
280	271		the factual findings of a Remote State, provided that the
281	272		Participating State follows its own procedures for taking the
282	273		Adverse Action.
283	274		F. Joint Investigations
284	275		1. In addition to the authority granted to a
285	276		Participating State by its respective State PA laws and regulations
286	277		or other applicable State law, any Participating State may
287	278		participate with other Participating States in joint
288	279		investigations of Licensees.
289	280		2. Participating States shall share any
290	281		investigative, litigation, or compliance materials in furtherance
291	282		of any joint or individual investigation initiated under this
292	283		Compact.
293	284		G. If an Adverse Action is taken against a PA's Qualifying
294	285		License, the PA's Compact Privilege in all Remote States shall be
295	286		deactivated until two (2) years have elapsed after all restrictions
296	287		have been removed from the State License. All disciplinary orders
297	288		by the Participating State which issued the Qualifying License that
298	289		impose Adverse Action against a PA's License shall include a
299	290		Statement that the PA's Compact Privilege is deactivated in all
300	291		Participating States during the pendency of the order.
301	292		H. If any Participating State takes Adverse Action, it
302	293		promptly shall notify the administrator of the Data System.
303	294		Section 7. Establishment of the PA Licensure Compact Commission
304	295		A. The Participating States hereby create and establish a
305	296		joint government agency and national administrative body known as
306	297		the PA Licensure Compact Commission. The Commission is an
307	298		instrumentality of the Compact States acting jointly and not an
308	299		instrumentality of any one State. The Commission shall come into
309	300		existence on or after the effective date of the Compact as set forth
310	301		in Section 11.A.
311	302		B. Membership, Voting, and Meetings
312	303		1. Each Participating State shall have and be limited
313	304		to one (1) delegate selected by that Participating State's
314	305		Licensing Board or, if the State has more than one Licensing Board,
315	306		selected collectively by the Participating State's Licensing
316	307		Boards.
317	308		2. The delegate shall be either:
318	309		a. A current PA, physician or public member of a
319	310		Licensing Board or PA Council/Committee; or
320	311		b. An administrator of a Licensing Board.
321	312		3. Any delegate may be removed or suspended from
322	313		office as provided by the laws of the State from which the delegate
323	314		is appointed.
324	315		4. The Participating State Licensing Board shall fill
325	316		any vacancy occurring in the Commission within sixty (60) days.
326	317		5. Each delegate shall be entitled to one (1) vote on
327	318		all matters voted on by the Commission and shall otherwise have an
328	319		opportunity to participate in the business and affairs of the
329	320		Commission. A delegate shall vote in person or by such other means
330	321		as provided in the bylaws. The bylaws may provide for delegates'
331	322		participation in meetings by telecommunications, video conference,
332	323		or other means of communication.
333	324		6. The Commission shall meet at least once during each
334	325		calendar year. Additional meetings shall be held as set forth in
335	326		this Compact and the bylaws.
336	327		7. The Commission shall establish by Rule a term of
337	328		office for delegates.
338	329		C. The Commission shall have the following powers and
339	330		duties:
340	331		1. Establish a code of ethics for the Commission;
341	332		2. Establish the fiscal year of the Commission;
342	333		3. Establish fees;
343	334		4. Establish bylaws;
344	335		5. Maintain its financial records in accordance with
345	336		the bylaws;
346	337		6. Meet and take such actions as are consistent with
347	338		the provisions of this Compact and the bylaws;
348	339		7. Promulgate Rules to facilitate and coordinate
349	340		implementation and administration of this Compact. The Rules shall
350	341		have the force and effect of law and shall be binding in all
351	342		Participating States;
352	343		8. Bring and prosecute legal proceedings or actions in
353	344		the name of the Commission, provided that the standing of any State
354	345		Licensing Board to sue or be sued under applicable law shall not be
355	346		affected;
356	347		9. Purchase and maintain insurance and bonds;
357	348		10. Borrow, accept, or contract for services of
358	349		personnel, including, but not limited to, employees of a
359	350		Participating State;
360	351		11. Hire employees and engage contractors, elect or
361	352		appoint officers, fix compensation, define duties, grant such
362	353		individuals appropriate authority to carry out the purposes of this
363	354		Compact, and establish the Commission's personnel policies and
364	355		programs relating to conflicts of interest, qualifications of
365	356		personnel, and other related personnel matters;
366	357		12. Accept any and all appropriate donations and
367	358		grants of money, equipment, supplies, materials and services, and
368	359		receive, utilize and dispose of the same; provided that at all times
369	360		the Commission shall avoid any appearance of impropriety or
370	361		conflict of interest;
371	362		13. Lease, purchase, accept appropriate gifts or
372	363		donations of, or otherwise own, hold, improve or use, any property,
373	364		real, personal or mixed; provided that at all times the Commission
374	365		shall avoid any appearance of impropriety;
375	366		14. Sell, convey, mortgage, pledge, lease, exchange,
376	367		abandon, or otherwise dispose ofany property real, personal, or
377	368		mixed;
378	369		15. Establish a budget and make expenditures;
379	370		16. Borrow money;
380	371		17. Appoint committees, including standing committees
381	372		composed of members, State regulators, State legislators or their
382	373		representatives, and consumer representatives, and such other
383	374		interested persons as may be designated in this Compact and the
384	375		bylaws;
385	376		18. Provide and receive information from, and
386	377		cooperate with, law enforcement agencies;
387	378		19. Elect a Chair, Vice Chair, Secretary and Treasurer
388	379		and such other officers of the Commission as provided in the
389	380		Commission's bylaws.
390	381		20. Reserve for itself, in addition to those reserved
391	382		exclusively to the Commission under the Compact, powers that the
392	383		Executive Committee may not exercise;
393	384		21. Approve or disapprove a State's participation in
394	385		the Compact based upon its determination as to whether the State's
395	386		Compact legislation departs in a material manner from the Model
396	387		Compact language;
397	388		22. Prepare and provide to the Participating States an
398	389		annual report; and
399	390		23. Perform such other functions as may be necessary
400	391		or appropriate to achieve the purposes of this Compact consistent
401	392		with the State regulation of PA licensure and practice.
402	393		D. Meetings of the Commission
403	394		1. All meetings of the Commission that are not closed
404	395		pursuant to this subsection shall be open to the public. Notice of
405	396		public meetings shall be posted on the Commission's website at
406	397		least thirty (30) days prior to the public meeting.
407	398		2. Notwithstanding subsection D.1 of this section, the
408	399		Commission may convene a public meeting by providing at least
409	400		twenty-four (24) hours prior notice on the Commission's website,
410	401		and any other means as provided in the Commission's Rules, for any
411	402		of the reasons it may dispense with notice of proposed rulemaking
412	403		under Section 9.L.
413	404		3. The Commission may convene in a closed, non-public
414		-	meeting or ~~nonpublic~~ part of a public meeting to receive legal
	405	+	meeting or non-public part of a public meeting to receive legal
415	406		advice or to discuss:
416	407		a. Non-compliance of a Participating State with
417	408		its obligations under this Compact;
418	409		b. The employment, compensation, discipline or
419	410		other matters, practices or procedures related to specific
420	411		employees or other matters related to the Commission's internal
421	412		personnel practices and procedures;
422	413		c. Current, threatened, or reasonably
423	414		anticipated litigation;
424	415		d. Negotiation of contracts for the purchase,
425	416		lease, or sale of goods, services, or real estate;
426	417		e. Accusing any person of a crime or formally
427	418		censuring any person;
428	419		f. Disclosure of trade secrets or commercial or
429	420		financial information that is privileged or confidential;
430	421		g. Disclosure of information of a personal nature
431	422		where disclosure would constitute a clearly unwarranted invasion of
432	423		personal privacy;
433	424		h. Disclosure of investigative records compiled
434	425		for law enforcement purposes;
435	426		i. Disclosure of information related to any
436	427		investigative reports prepared byor on behalf of or for use of the
437	428		Commission or other committee charged with responsibility of
438	429		investigation or determination of compliance issues pursuant to
439	430		this Compact;
440	431		j. Legal advice; or
441	432		k. Matters specifically exempted from disclosure
442	433		by federal or Participating States' statutes
443	434		4. If a meeting, or portion of a meeting, is closed
444	435		pursuant to this provision, the chair of the meeting or the chair's
445	436		designee shall certify that the meeting or portion of the meeting
446	437		may be closed and shall reference each relevant exempting
447	438		provision.
448	439		5. The Commission shall keep minutes that fully and
449	440		clearly describe all matters discussed in a meeting and shall
450	441		provide a full and accurate summary of actions taken, including a
451	442		description of the views expressed. All documents considered in
452	443		connection with an action shall be identified in such minutes. All
453	444		minutes and documents of a closed meeting shall remain under seal,
454	445		subject to release by a majority vote of the Commission or order of
455	446		a court of competent jurisdiction.
456	447		E. Financing of the Commission
457	448		1. The Commission shall pay, or provide for the
458	449		payment of, the reasonable expenses of its establishment,
459	450		organization, and ongoing activities.
460	451		2. The Commission may accept any and all appropriate
461	452		revenue sources, donations, and grants of money, equipment,
462	453		supplies, materials, and services.
463	454		3. The Commission may levy on and collect an annual
464	455		assessment from each Participating State and may impose Compact
465	456		Privilege fees on Licensees of Participating States to whom a
466	457		Compact Privilege is granted to cover the cost of the operations and
467	458		activities of the Commission and its staff, which must be in a total
468	459		amount sufficient to cover its annual budget as approved by the
469	460		Commission each year for which revenue is not provided by other
470	461		sources. The aggregate annual assessment amount levied on
471	462		Participating States shall be allocated based upon a formula to be
472	463		determined by Commission Rule.
473	464		a. A Compact Privilege expires when the
474	465		Licensee's Qualifying License in the Participating State from which
475	466		the Licensee applied for the Compact Privilege expires.
476	467		b. If the Licensee terminates the Qualifying
477	468		License through which the Licensee applied for the Compact
478	469		Privilege before its scheduled expiration, and the Licensee has a
479	470		Qualifying License in another Participating State, the Licensee
480	471		shall inform the Commission that it is changing to that
481	472		Participating State the Participating State through which it
482	473		applies for a Compact Privilege and pay to the Commission any
483	474		Compact Privilege fee required by Commission Rule.
484	475		4. The Commission shall not incur obligations of any
485	476		kind prior to securing the funds adequate to meet the same; nor
486	477		shall the Commission pledge the credit of any of the Participating
487	478		States, except by and with the authority of the Participating
488	479		State.
489	480		5. The Commission shall keep accurate accounts of all
490	481		receipts and disbursements. The receipts and disbursements of the
491	482		Commission shall be subject to the financial review and accounting
492	483		procedures established under its bylaws. All receipts and
493	484		disbursements of funds handled by the Commission shall be subject
494	485		to an annual financial review by a certified or licensed public
495	486		accountant, and the report of the financial review shall be
496	487		included in and become part of the annual report of the Commission.
497	488		F. The Executive Committee
498	489		1. The Executive Committee shall have the power to act
499	490		on behalf of the Commission according to the terms of this Compact
500	491		and Commission Rules.
501	492		2. The Executive Committee shall be composed of nine
502	493		(9) members:
503	494		a. Seven voting members who are elected by the
504	495		Commission from the current membership of the Commission;
505	496		b. One ex-officio, nonvoting member from a
506	497		recognized national PA professional association; and
507	498		c. One ex-officio, nonvoting member from a
508	499		recognized national PA certification organization.
509	500		3. The ex-officio members will be selected by their
510	501		respective organizations.
511	502		4. The Commission may remove any member of the
512	503		Executive Committee as provided in its bylaws.
513	504		5. The Executive Committee shall meet at least
514	505		annually.
515	506		6. The Executive Committee shall have the following
516	507		duties and responsibilities:
517	508		a. Recommend to the Commission changes to the
518	509		Commission's Rules or bylaws, changes to this Compact legislation,
519	510		fees to be paid by Compact Participating States such as annual dues,
520	511		and any Commission Compact fee charged to Licensees for the Compact
521	512		Privilege;
522	513		b. Ensure Compact administration services are
523	514		appropriately provided, contractual or otherwise;
524	515		c. Prepare and recommend the budget;
525	516		d. Maintain financial records on behalf of the
526	517		Commission;
527	518		e. Monitor Compact compliance of Participating
528	519		States and provide compliance reports to the Commission;
529	520		f. Establish additional committees as necessary;
530	521		g. Exercise the powers and duties of the
531	522		Commission during the interim between Commission meetings, except
532	523		for issuing proposed rulemaking or adopting Commission Rules or
533	524		bylaws, or exercising any other powers and duties exclusively
534	525		reserved to the Commission by the Commission's Rules; and
535	526		h. Perform other duties as provided in the
536	527		Commission's Rules or bylaws.
537	528		7. All meeting of the Executive Committee at which it
538	529		votes or plans to vote on matters in exercising the powers and
539	530		duties of the Commission shall be open to the public and public
540	531		notice of such meetings shall be given as public meetings of the
541	532		Commission are given.
542	533		8. The Executive Committee may convene in a closed,
543	534		non-public meeting for the same reasons that the Commission may
544	535		convene in a non-public meeting as set forth in Section 7.D 3 and
545	536		shall announce the closed meeting as the Commission is required to
546	537		under Section 7.D.4 and keep minutes of the closed meeting as the
547	538		Commission is required to under Section 7.D.5.
548	539		G. Qualified Immunity, Defense, and Indemnification
549	540		1. The members, officers, executive director,
550	541		employees and representatives of the Commission shall be immune
551	542		from suit and liability, both personally and in their official
552	543		capacity, for any claim for damage to or loss of property or
553	544		personal injury or other civil liability caused by or arising out of
554	545		any actual or alleged act, error, or omission that occurred, or that
555	546		the person against whom the claim is made had a reasonable basis for
556	547		believing occurred within the scope of Commission employment,
557	548		duties or responsibilities; provided that nothing in this paragraph
558	549		shall be construed to protect any such person from suit or liability
559	550		for any damage, loss, injury, or liability caused by the
560	551		intentional or willful or wanton misconduct of that person. The
561	552		procurement of insurance of any type by the Commission shall not in
562	553		any way compromise or limit the immunity granted hereunder.
563	554		2. The Commission shall defend any member, officer,
564	555		executive director, employee, and representative of the Commission
565	556		in any civil action seeking to impose liability arising out of any
566	557		actual or alleged act, error, or omission that occurred within the
567	558		scope of Commission employment, duties, or responsibilities, or as
568	559		determined by the commission that the person against whom the claim
569	560		is made had a reasonable basis for believing occurred within the
570	561		scope of Commission employment, duties, or responsibilities;
571	562		provided that nothing herein shall be construed to prohibit that
572	563		person from retaining their own counsel at their own expense; and
573	564		provided further, that the actual or alleged act, error, or
574	565		omission did not result from that person's intentional or willful
575	566		or wanton misconduct.
576	567		3. The Commission shall indemnify and hold harmless
577	568		any member, officer, executive director, employee, and
578	569		representative of the Commission for the amount of any settlement
579	570		or judgment obtained against that person arising out of any actual
580	571		or alleged act, error, or omission that occurred within the scope of
581	572		Commission employment, duties, or responsibilities, or that such
582	573		person had a reasonable basis for believing occurred within the
583	574		scope of Commission employment, duties, or responsibilities,
584	575		provided that the actual or alleged act, error, or omission did not
585	576		result from the intentional or willful or wanton misconduct of that
586	577		person.
587	578		4. Venue is proper and judicial proceedings by or
588	579		against the Commission shall be brought solely and exclusively in a
589	580		court of competent jurisdiction where the principal office of the
590	581		Commission is located. The Commission may waive venue and
591	582		jurisdictional defenses in any proceedings as authorized by
592	583		Commission Rules.
593	584		5. Nothing herein shall be construed as a limitation
594	585		on the liability of any Licensee for professional malpractice or
595	586		misconduct, which shall be governed solely by any other applicable
596	587		State laws.
597	588		6. Nothing herein shall be construed to designate the
598	589		venue or jurisdiction to bring actions for alleged acts of
599	590		malpractice, professional misconduct, negligence, or other such
600	591		civil action pertaining to the practice of a PA. All such matters
601	592		shall be determined exclusively by State law other than this
602	593		Compact.
603	594		7. Nothing in this Compact shall be interpreted to
604		-	waive or otherwise abrogate a Participating State's state action
605		-	immunity or state action affirmative defense with respect to
606		-	antitrust claims under the Sherman Act, Clayton Act, or any other
607		-	State or federal antitrust or anticompetitive law or regulation.
	595	+	waive or otherwise person's intentional or willful or wanton
	596	+	misconduct.abrogate a Participating State's state action immunity
	597	+	or state action affirmative defense with respect to antitrust
	598	+	claims under the Sherman Act, Clayton Act, or any other State or
	599	+	federal antitrust or anticompetitive law or regulation.
608	600		8. Nothing in this Compact shall be construed to be a
609	601		waiver of sovereign immunity by the Participating States or by the
610	602		Commission.
611	603		Section 8. Data System
612	604		A. The Commission shall provide for the development,
613	605		maintenance, operation, and utilization of a coordinated data and
614	606		reporting system containing licensure, Adverse Action, and the
615	607		reporting of the existence of Significant Investigative
616	608		Information on all licensed PAs and applicants denied a License in
617	609		Participating States.
618	610		B. Notwithstanding any other State law to the contrary, a
619	611		Participating State shall submit a uniform data set to the Data
620	612		System on all PAs to whom this Compact is applicable (utilizing a
621	613		unique identifier) as required by the Rules of the Commission,
622	614		including:
623	615		1. Identifying information;
624	616		2. Licensure data;
625	617		3. Adverse Actions against a License or Compact
626	618		Privilege;
627	619		4. Any denial of application for licensure, and the
628	620		reason(s) for such denial (excluding the reporting of any Criminal
629	621		history record information where prohibited by law);
630	622		5. The existence of Significant Investigative
631	623		Information; and
632	624		6. Other information that may facilitate the
633	625		administration of this Compact, as determined by the Rules of the
634	626		Commission.
635	627		C. Significant Investigative Information pertaining to a
636	628		Licensee in any Participating State shall only be available to
637	629		other Participating States.
638	630		D. The Commission shall promptly notify all Participating
639	631		States of any Adverse Action taken against a Licensee or an
640	632		individual applying for a License that has been reported to it. This
641	633		Adverse Action information shall be available to any other
642	634		Participating State.
643	635		E. Participating States contributing information to the
644	636		Data System may, in accordance with State or federal law, designate
645	637		information that may not be shared with the public without the
646	638		express permission of the contributing State. Notwithstanding any
647	639		such designation, such information shall be reported to the
648	640		Commission through the Data System.
649	641		F. Any information submitted to the Data System that is
650	642		subsequently expunged pursuant to federal law or the laws of the
651	643		Participating State contributing the information shall be removed
652	644		from the Data System upon reporting of such by the Participating
653	645		State to the Commission.
654	646		G. The records and information provided to a Participating
655	647		State pursuant to this Compact or through the Data System, when
656	648		certified by the Commission or an agent thereof, shall constitute
657	649		the authenticated business records of the Commission, and shall be
658	650		entitled to any associated hearsay exception in any relevant
659	651		judicial, quasi-judicial or administrative proceedings in a
660	652		Participating State.
661	653		Section 9. Rulemaking
662	654		A. The Commission shall exercise its Rulemaking powers
663	655		pursuant to the criteria set forth in this Section and the Rules
664	656		adopted thereunder. Commission Rules shall become binding as of the
665	657		date specified by the Commission for each Rule.
666	658		B. The Commission shall promulgate reasonable Rules in
667	659		order to effectively and efficiently implement and administer this
668	660		Compact and achieve its purposes. A Commission Rule shall be
669	661		invalid and have not force or effect only if a court of competent
670	662		jurisdiction holds that the Rule is invalid because the Commission
671	663		exercised its rulemaking authority in a manner that is beyond the
672	664		scope of the purposes of this Compact, or the powers granted
673	665		hereunder, or based upon another applicable standard of review.
674	666		C. The Rules of the Commission shall have the force of law in
675	667		each Participating State, provided however that where the Rules of
676	668		the Commission conflict with the laws of the Participating State
677	669		that establish the medical services a PA may perform in the
678	670		Participating State, as held by a court of competent jurisdiction,
679	671		the Rules of the Commission shall be ineffective in that State to
680	672		the extent of the conflict.
681	673		D. If a majority of the legislatures of the Participating
682	674		States rejects a Commission Rule, by enactment of a statute or
683	675		resolution in the same manner used to adopt this Compact within four
684	676		(4) years of the date of adoption of the Rule, then such Rule shall
685	677		have no further force and effect in any Participating State or to
686	678		any State applying to participate in the Compact.
687	679		E. Commission Rules shall be adopted at a regular or special
688	680		meeting of the Commission.
689	681		F. Prior to promulgation and adoption of a final Rule or
690	682		Rules by the Commission, and at least thirty (30) days in advance of
691	683		the meeting at which the Rule will be considered and voted upon, the
692	684		Commission shall file a Notice of Proposed Rulemaking:
693	685		1. On the website of the Commission or other publicly
694	686		accessible platform; and
695	687		2. To persons who have requested notice of the
696	688		Commission's notices of proposed rulemaking, and
697	689		3. In such other way(s) as the Commission may by Rule
698	690		specify
699	691		G. The Notice of Proposed Rulemaking shall include:
700	692		1. The time, date, and location of the public hearing
701	693		on the proposed Rule and the proposed time, date and location of the
702	694		meeting in which the proposed Rule will be considered and voted
703	695		upon;
704	696		2. The text of the proposed Rule and the reason for the
705	697		proposed Rule;
706	698		3. A request for comments on the proposed Rule from any
707	699		interested person and the date by which written comments must be
708	700		received; and
709	701		4. The manner in which interested persons may submit
710	702		notice to the Commission of their intention to attend the public
711	703		hearing or provide any written comments.
712	704		H. Prior to adoption of a proposed Rule, the Commission
713	705		shall allow persons to submit written data, facts, opinions, and
714	706		arguments, which shall be made available to the public.
715	707		I. If the hearing is to be held via electronic means, the
716	708		Commission shall publish the mechanism for access to the electronic
717	709		hearing.
718	710		1. All persons wishing to be heard at the hearing shall
719	711		as directed in the Notice of Proposed Rulemaking, not less than five
720	712		(5) business days before the scheduled date of the hearing, notify
721	713		the Commission of their desire to appear and testify at the hearing.
722	714		2. Hearings shall be conducted in a manner providing
723	715		each person who wishes to comment a fair and reasonable opportunity
724	716		to comment orally or in writing.
725	717		3. All hearings shall be recorded. A copy of the
726	718		recording and the written comments, data, facts, opinions, and
727	719		arguments received in response to the proposed rulemaking shall be
728	720		made available to a person upon request.
729	721		4. Nothing in this section shall be construed as
730	722		requiring a separate hearing on each proposed Rule. Proposed Rules
731	723		may be grouped for the convenience of the Commission at hearings
732	724		required by this section.
733	725		J. Following the public hearing the Commission shall
734	726		consider all written and oral comments timely received.
735	727		K. The Commission shall, by majority vote of all delegates,
736	728		take final action on the proposed Rule and shall determine the
737	729		effective date of the Rule, if adopted, based on the Rulemaking
738	730		record and the full text of the Rule.
739	731		1. If adopted, the Rule shall be posted on the
740	732		Commission's website.
741	733		2. The Commission may adopt changes to the proposed
742	734		Rule provided the changes do not enlarge the original purpose of the
743	735		proposed Rule.
744	736		3. The Commission shall provide on its website an
745	737		explanation of the reasons for substantive changes made to the
746	738		proposed Rule as well as reasons for substantive changes not made
747	739		that were recommended by commenters.
748	740		4. The Commission shall determine a reasonable
749	741		effective date for the Rule. Except for an emergency as provided in
750	742		subsection L, the effective date of the Rule shall be no sooner than
751	743		thirty (30) days after the Commission issued the notice that it
752	744		adopted the Rule.
753	745		L. Upon determination that an emergency exists, the
754	746		Commission may consider and adopt an emergency Rule with
755	747		twenty-four (24) hours prior notice, without the opportunity for
756	748		comment, or hearing, provided that the usual rulemaking procedures
757	749		provided in this Compact and in this section shall be retroactively
758	750		applied to the Rule as soon as reasonably possible, in no event
759	751		later than ninety (90) days after the effective date of the Rule.
760	752		For the purposes of this provision, an emergency Rule is one that
761	753		must be adopted immediately by the Commission in order to:
762	754		1. Meet an imminent threat to public health, safety,
763	755		or welfare;
764	756		2. Prevent a loss of Commission or Participating State
765	757		funds;
766	758		3. Meet a deadline for the promulgation of a
767	759		Commission Rule that is established by federal law or Rule; or
768	760		4. Protect public health and safety.
769	761		M. The Commission or an authorized committee of the
770	762		Commission may direct revisions to a previously adopted Commission
771	763		Rule for purposes of correcting typographical errors, errors in
772	764		format, errors in consistency, or grammatical errors. Public notice
773	765		of any revisions shall be posted on the website of the Commission.
774	766		The revision shall be subject to challenge by any person for a
775	767		period of thirty (30) days after posting. The revision may be
776	768		challenged only on grounds that the revision results in a material
777	769		change to a Rule. A challenge shall be made as set forth in the
778	770		notice of revisions and delivered to the Commission prior to the end
779	771		of the notice period. If no challenge is made, the revision will
780	772		take effect without further action. If the revision is challenged,
781	773		the revision may not take effect without the approval of the
782	774		Commission.
783	775		N. No Participating State's rulemaking requirements shall
784	776		apply under this Compact.
785	777		Section 10. Oversight, Dispute Resolution, and Enforcement
786	778		A. Oversight
787	779		1. The executive and judicial branches of State
788	780		government in each Participating State shall enforce this Compact
789	781		and take all actions necessary and appropriate to implement the
790	782		Compact.
791	783		2. Venue is proper and judicial proceedings by or
792	784		against the Commission shall be brought solely and exclusively in a
793	785		court of competent jurisdiction where the principal office of the
794	786		Commission is located. The Commission may waive venue and
795	787		jurisdictional defenses to the extent it adopts or consents to
796	788		participate in alternative dispute resolution proceedings. Nothing
797	789		herein shall affect or limit the selection or propriety of venue in
798	790		any action against a licensee for professional malpractice,
799	791		misconduct or any such similar matter.
800	792		3. The Commission shall be entitled to receive service
801	793		of process in any proceeding regarding the enforcement or
802	794		interpretation of the Compact or the Commission's Rules and shall
803	795		have standing to intervene in such a proceeding for all purposes.
804	796		Failure to provide the Commission with service of process shall
805	797		render a judgment or order in such proceeding void as to the
806	798		Commission, this Compact, or Commission Rules.
807	799		B. Default, Technical Assistance, and Termination
808	800		1. If the Commission determines that a Participating
809	801		State has defaulted in the performance of its obligations or
810	802		responsibilities under this Compact or the Commission Rules, the
811	803		Commission shall provide written notice to the defaulting State and
812	804		other Participating States. The notice shall describe the default,
813	805		the proposed means of curing the default and any other action that
814	806		the Commission may take and shall offer remedial training and
815	807		specific technical assistance regarding the default.
816	808		2. If a State in default fails to cure the default, the
817	809		defaulting State may be terminated from this Compact upon an
818	810		affirmative vote of a majority of the delegates of the
819	811		Participating States, and all rights, privileges and benefits
820	812		conferred by this Compact upon such State may be terminated on the
821	813		effective date of termination. A cure of the default does not
822	814		relieve the offending State of obligations or liabilities incurred
823	815		during the period of default.
824	816		3. Termination of participation in this Compact shall
825	817		be imposed only after all other means of securing compliance have
826	818		been exhausted. Notice of intent to suspend or terminate shall be
827	819		given by the Commission to the governor, the majority and minority
828	820		leaders of the defaulting State's legislature, and to the Licensing
829	821		Board(s) of each of the Participating States.
830	822		4. A State that has been terminated is responsible for
831	823		all assessments, obligations, and liabilities incurred through the
832	824		effective date of termination, including obligations that extend
833	825		beyond the effective date of termination.
834	826		5. The Commission shall not bear any costs related to a
835	827		State that is found to be in default or that has been terminated
836	828		from this Compact, unless agreed upon in writing between the
837	829		Commission and the defaulting State.
838	830		6. The defaulting State may appeal its termination
839	831		from the Compact by the Commission by petitioning the U.S. District
840	832		Court for the District of Columbia or the federal district where the
841	833		Commission has its principal offices. The prevailing member shall
842	834		be awarded all costs of such litigation, including reasonable
843	835		attorney's fees.
844	836		7. Upon the termination of a State's participation in
845	837		the Compact, the State shall immediately provide notice to all
846	838		Licensees within that State of such termination:
847	839		a. Licensees who have been granted a Compact
848	840		Privilege in that State shall retain the Compact Privilege for one
849	841		hundred eighty (180) days following the effective date of such
850	842		termination.
851	843		b. Licensees who are licensed in that State who
852	844		have been granted a Compact Privilege in a Participating State
853	845		shall retain the Compact Privilege for one hundred eighty (180)
854	846		days unless the Licensee also has a Qualifying License in a
855	847		Participating State or obtains a Qualifying License in a
856	848		Participating State before the one hundred eighty (180)-day period
857	849		ends, in which case the Compact Privilege shall continue.
858	850		C. Dispute Resolution
859	851		1. Upon request by a Participating State, the
860	852		Commission shall attempt to resolve disputes related to this
861	853		Compact that arise among Participating States and between
862	854		participating and non-Participating States.
863	855		2. The Commission shall promulgate a Rule providing
864	856		for both mediation and binding dispute resolution for disputes as
865	857		appropriate.
866	858		D. Enforcement
867	859		1. The Commission, in the reasonable exercise of its
868	860		discretion, shall enforce the provisions of this Compact and Rules
869	861		of the Commission.
870	862		2. If compliance is not secured after all means to
871	863		secure compliance have been exhausted, by majority vote, the
872	864		Commission may initiate legal action in the United States District
873	865		Court for the District of Columbia or the federal district where the
874	866		Commission has its principal offices, against a Participating State
875	867		in default to enforce compliance with the provisions of this
876	868		Compact and the Commission's promulgated Rules and bylaws. The
877	869		relief sought may include both injunctive relief and damages. In
878	870		the event judicial enforcement is necessary, the prevailing party
879	871		shall be awarded all costs of such litigation, including reasonable
880	872		attorney's fees.
881	873		3. The remedies herein shall not be the exclusive
882	874		remedies of the Commission. The Commission may pursue any other
883	875		remedies available under federal or State law.
884	876		E. Legal Action Against the Commission
885	877		1. A Participating State may initiate legal action
886	878		against the Commission in the U.S. District Court for the District
887	879		of Columbia or the federal district where the Commission has its
888	880		principal offices to enforce compliance with the provisions of the
889	881		Compact and its Rules. The relief sought may include both
890	882		injunctive relief and damages. In the event judicial enforcement is
891	883		necessary, the prevailing party shall be awarded all costs of such
892	884		litigation, including reasonable attorney's fees.
893	885		2. No person other than a Participating State shall
894	886		enforce this Compact against the Commission.
895	887		Section 11. Date of Implementation of the PA Licensure Compact
896	888		Commission
897	889		A. This Compact shall come into effect on the date on which
898	890		this Compact statute is enacted into law in the seventh
899	891		Participating State.
900	892		1. On or after the effective date of the Compact, the
901	893		Commission shall convene and review the enactment of each of the
902	894		States that enacted the Compact prior to the Commission convening
903	895		("Charter Participating States") to determine if the statute
904	896		enacted by each such Charter Participating State is materially
905	897		different than the Model Compact.
906	898		a. A Charter Participating State whose enactment
907	899		is found to be materially different from the Model Compact shall be
908	900		entitled to the default process set forth in Section 10.B.
909	901		b. If any Participating State later withdraws
910	902		from the Compact or its participation is terminated, the Commission
911	903		shall remain in existence and the Compact shall remain in effect
912	904		even if the number of Participating States should be less than
913	905		seven. Participating States enacting the Compact subsequent to the
914	906		Commission convening shall be subject to the process set forth in
915	907		Section 7.C.21 to determine if their enactments are materially
916	908		different from the Model Compact and whether they qualify for
917	909		participation in the Compact.
918	910		2. Participating States enacting the Compact
919	911		subsequent to the seven initial Charter Participating States shall
920	912		be subject to the process set forth in Section 7.C.21 to determine
921	913		if their enactments are materially different from the Model Compact
922	914		and whether they qualify for participation in the Compact.
923	915		3. All actions taken for the benefit of the Commission
924	916		or in furtherance of the purposes of the administration of the
925	917		Compact prior to the effective date of the Compact or the Commission
926	918		coming into existence shall be considered to be actions of the
927	919		Commission unless specifically repudiated by the Commission.
928	920		B. Any State that joins this Compact shall be subject to the
929	921		Commission's Rules and bylaws as they exist on the date on which
930	922		this Compact becomes law in that State. Any Rule that has been
931	923		previously adopted by the Commission shall have the full force and
932	924		effect of law on the day this Compact becomes law in that State.
933	925		C. Any Participating State may withdraw from this Compact by
934	926		enacting a statute repealing the same.
935	927		1. A Participating State's withdrawal shall not take
936	928		effect until one hundred eighty (180) days after enactment of the
937	929		repealing statute. During this one hundred eighty (180) day-period,
938	930		all Compact Privileges that were in effect in the withdrawing State
939	931		and were granted to Licensees licensed in the withdrawing State
940	932		shall remain in effect. If any Licensee licensed in the withdrawing
941	933		State is also licensed in another Participating State or obtains a
942	934		license in another Participating State within the one hundred
943	935		eighty (180) days, the Licensee's Compact Privileges in other
944	936		Participating States shall not be affected by the passage of the one
945	937		hundred eighty (180) days.
946	938		2. Withdrawal shall not affect the continuing
947	939		requirement of the State Licensing Board(s) of the withdrawing
948	940		State to comply with the investigative, and Adverse Action
949	941		reporting requirements of this Compact prior to the effective date
950	942		of withdrawal.
951	943		3. Upon the enactment of a statute withdrawing a State
952	944		from this Compact, the State shall immediately provide notice of
953	945		such withdrawal to all Licensees within that State. Such
954	946		withdrawing State shall continue to recognize all licenses granted
955	947		pursuant to this Compact for a minimum of one hundred eighty (180)
956	948		days after the date of such notice of withdrawal.
957	949		D. Nothing contained in this Compact shall be construed to
958	950		invalidate or prevent any PA licensure agreement or other
959	951		cooperative arrangement between Participating States and between a
960	952		Participating State and non-Participating State that does not
961	953		conflict with the provisions of this Compact.
962	954		E. This Compact may be amended by the Participating States.
963	955		No amendment to this Compact shall become effective and binding
964	956		upon any Participating State until it is enacted materially in the
965	957		same manner into the laws of all Participating States as determined
966	958		by the Commission.
967	959		Section 12. Construction and Severability
968	960		A. This Compact and the Commission's rulemaking authority
969	961		shall be liberally construed so as to effectuate the purposes, and
970	962		the implementation and administration of the Compact. Provisions of
971	963		the Compact expressly authorizing or requiring the promulgation of
972	964		Rules shall not be construed to limit the Commission's rulemaking
973	965		authority solely for those purposes.
974	966		B. The provisions of this Compact shall be severable and if
975	967		any phrase, clause, sentence or provision of this Compact is held by
976	968		a court of competent jurisdiction to be contrary to the
977	969		constitution of any Participating State, a State seeking
978	970		participation in the Compact, or of the United States, or the
979	971		applicability thereof to any government, agency, person or
980	972		circumstance is held to be unconstitutional by a court of competent
981	973		jurisdiction, the validity of the remainder of this Compact and the
982	974		applicability thereof to any other government, agency, person or
983	975		circumstance shall not be affected thereby.
984	976		C. Notwithstanding subsection B or this section, the
985	977		Commission may deny a State's participation in the Compact or, in
986	978		accordance with the requirements of Section10.B, terminate a
987	979		Participating State's participation in the Compact, if it
988	980		determines that a constitutional requirement of a Participating
989	981		State is, or would be with respect to a State seeking to participate
990	982		in the Compact, a material departure from the Compact. Otherwise,
991	983		if this Compact shall be held to be contrary to the constitution of
992	984		any Participating State, the Compact shall remain in full force and
993	985		effect as to the remaining Participating States and in full force
994	986		and effect as to the Participating State affected as to all
995	987		severable matters.
996	988		Section 13. Binding Effect of Compact
997	989		A. Nothing herein prevents the enforcement of any other law
998	990		of a Participating State that is not inconsistent with this
999	991		Compact.
1000	992		B. Any laws in a Participating State in conflict with this
1001	993		Compact are superseded to the extent of the conflict.
1002	994		C. All agreements between the Commission and the
1003	995		Participating States are binding in accordance with their terms.
1004	996		Sec. 204.402. ADMINISTRATION OF COMPACT. The physician
1005	997		assistant board is the Physician Assistant Licensure Compact
1006	998		administrator for this state.
1007	999		Sec. 204.403. RULES. The physician assistant board may
1008	1000		adopt rules necessary to implement this subchapter.
1009	1001		SECTION 2. This Act takes effect September 1, 2025.