Texas 2025 - 89th Regular

Texas Senate Bill SB1609 Compare Versions

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1	1	89R6324 DNC-D
2	2	By: Paxton S.B. No. 1609
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the physician assistant licensure compact; authorizing
10	10	a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 204, Occupations Code, is amended by
13	13	adding Subchapter I to read as follows:
14	14	SUBCHAPTER I. PHYSICIAN ASSISTANT LICENSURE COMPACT
15	15	Sec. 204.401. PHYSICIAN ASSISTANT LICENSURE COMPACT. The
16	16	Physician Assistant Licensure Compact is enacted and entered into
17	17	with all other jurisdictions that legally join in the compact,
18	18	which reads as follows:
19	19	PA LICENSURE COMPACT
20	20	Section 1. Purpose
21	21	In order to strengthen access to Medical Services, and in
22	22	recognition of the advances in the delivery of Medical Services,
23	23	the Participating States of the PA Licensure Compact have allied in
24	24	common purpose to develop a comprehensive process that complements
25	25	the existing authority of State Licensing Boards to license and
26	26	discipline PAs and seeks to enhance the portability of a License to
27	27	practice as a PA while safeguarding the safety of patients. This
28	28	Compact allows Medical Services to be provided by PAs, via the
29	29	mutual recognition of the Licensee's Qualifying License by other
30	30	Compact Participating States. This Compact also adopts the
31	31	prevailing standard for PA licensure and affirms that the practice
32	32	and delivery of Medical Services by the PA occurs where the patient
33	33	is located at the time of the patient encounter, and therefore
34	34	requires the PA to be under the jurisdiction of the State Licensing
35	35	Board where the patient is located. State Licensing Boards that
36	36	participate in this Compact retain the jurisdiction to impose
37	37	Adverse Action against a Compact Privilege in that State issued to a
38	38	PA through the procedures of this Compact. The PA Licensure Compact
39	39	will alleviate burdens for military families by allowing active
40	40	duty military personnel and their spouses to obtain a Compact
41	41	Privilege based on having an unrestricted License in good standing
42	42	from a Participating State.
43	43	Section 2. Definitions
44	44	In this Compact:
45	45	A. "Adverse Action" means any administrative, civil,
46	46	equitable, or criminal action permitted by a State's laws which is
47	47	imposed by a Licensing Board or other authority against a PA License
48	48	or License application or Compact Privilege such as License denial,
49	49	censure, revocation, suspension, probation, monitoring of the
50	50	Licensee, or restriction on the Licensee's practice.
51	51	B. "Compact Privilege" means the authorization granted by a
52	52	Remote State to allow a Licensee from another Participating State
53	53	to practice as a PA to provide Medical Services and other licensed
54	54	activity to a patient located in the Remote State under the Remote
55	55	State's laws and regulations.
56	56	C. "Conviction" means a finding by a court that an
57	57	individual is guilty of a felony or misdemeanor offense through
58	58	adjudication or entry of a plea of guilt or no contest to the charge
59	59	by the offender
60	60	D. "Criminal Background Check" means the submission of
61	61	fingerprints or other biometric-based information for a License
62	62	applicant for the purpose of obtaining that applicant's criminal
63	63	history record information, as defined in 28 C.F.R. § 20.3(d), from
64	64	the State's criminal history record repository as defined in 28
65	65	C.F.R. § 20.3(f).
66	66	E. "Data System" means the repository of information about
67	67	Licensees, including but not limited to License status and Adverse
68	68	Actions, which is created and administered under the terms of this
69	69	Compact.
70	70	F. "Executive Committee" means a group of directors and
71	71	ex-officio individuals elected or appointed pursuant to Section
72	72	7.F.2.
73	73	G. "Impaired Practitioner" means a PA whose practice is
74	74	adversely affected by health-related condition(s) that impact
75	75	their ability to practice.
76	76	H. "Investigative Information" means information, records,
77	77	or documents received or generated by a Licensing Board pursuant to
78	78	an investigation.
79	79	I. "Jurisprudence Requirement" means the assessment of an
80	80	individual's knowledge of the laws and Rules governing the practice
81	81	of a PA in a State.
82	82	J. "License" means current authorization by a State, other
83	83	than authorization pursuant to a Compact Privilege, for a PA to
84	84	provide Medical Services, which would be unlawful without current
85	85	authorization.
86	86	K. "Licensee" means an individual who holds a License from a
87	87	State to provide Medical Services as a PA.
88	88	L. "Licensing Board" means any State entity authorized to
89	89	license and otherwise regulate PAs.
90	90	M. "Medical Services" means health care services provided
91	91	for the diagnosis, prevention, treatment, cure or relief of a
92	92	health condition, injury, or disease, as defined by a State's laws
93	93	and regulations.
94	94	N. "Model Compact" means the model for the PA Licensure
95	95	Compact on file with The Council of State Governments or other
96	96	entity as designated by the Commission.
97	97	O. "Participating State" means a State that has enacted this
98	98	Compact.
99	99	P. "PA" means an individual who is licensed as a physician
100	100	assistant in a State. For purposes of this Compact, any other title
101	101	or status adopted by a State to replace the term "physician
102	102	assistant" shall be deemed synonymous with "physician assistant"
103	103	and shall confer the same rights and responsibilities to the
104	104	Licensee under the provisions of this Compact at the time of its
105	105	enactment.
106	106	Q. "PA Licensure Compact Commission," "Compact Commission,"
107	107	or "Commission" mean the national administrative body created
108	108	pursuant to Section 7.A of this Compact.
109	109	R. "Qualifying License" means an unrestricted License
110	110	issued by a Participating State to provide Medical Services as a PA.
111	111	S. "Remote State" means a Participating State where a
112	112	Licensee who is not licensed as a PA is exercising or seeking to
113	113	exercise the Compact Privilege.
114	114	T. "Rule" means a regulation promulgated by an entity that
115	115	has the force and effect of law.
116	116	U. "Significant Investigative Information" means
117	117	Investigative Information that a Licensing Board, after an inquiry
118	118	or investigation that includes notification and an opportunity for
119	119	the PA to respond if required by State law, has reason to believe is
120	120	not groundless and, if proven true, would indicate more than a minor
121	121	infraction.
122	122	V. "State" means any state, commonwealth, district, or
123	123	territory of the United States.
124	124	Section 3. State Participation in this Compact
125	125	A. To participate in this Compact, a Participating State
126	126	shall:
127	127	1. License PAs.
128	128	2. Participate in the Compact Commission's Data
129	129	System.
130	130	3. Have a mechanism in place for receiving and
131	131	investigating complaints against Licensees and License applicants.
132	132	4. Notify the Commission, in compliance with the terms
133	133	of this Compact and Commission Rules, of any Adverse Action against
134	134	a Licensee or License applicant and the existence of Significant
135	135	Investigative Information regarding a Licensee or License
136	136	applicant.
137	137	5. Fully implement a Criminal Background Check
138	138	requirement, within a time frame established by Commission Rule, by
139	139	its Licensing Board receiving the results of a Criminal Background
140	140	Check and reporting to the Commission whether the License applicant
141	141	has been granted a License.
142	142	6. Comply with the Rules of the Compact Commission.
143	143	7. Utilize passage of a recognized national exam such
144	144	as the NCCPA PANCE as a requirement for PA licensure.
145	145	8. Require continuing education for License renewal.
146	146	9. Grant the Compact Privilege to a holder of a
147	147	Qualifying License in a Participating State.
148	148	B. Nothing in this Compact prohibits a Participating State
149	149	from charging a fee for granting the Compact Privilege.
150	150	Section 4. Compact Privilege
151	151	A. To exercise the Compact Privilege, a Licensee must:
152	152	1. Have graduated from a PA program accredited by the
153	153	Accreditation Review Commission on Education for the Physician
154	154	Assistant, Inc. or other programs authorized by Commission Rule.
155	155	2. Hold current NCCPA certification.
156	156	3. Have no felony or misdemeanor Conviction
157	157	4. Have never had a controlled substance license,
158	158	permit, or registration suspended or revoked by a State or by the
159	159	United States Drug Enforcement Administration.
160	160	5. Have a unique identifier as determined by
161	161	Commission Rule.
162	162	6. Hold a Qualifying License.
163	163	7. Have had no revocation of a License or limitation or
164	164	restriction on any License currently held due to an adverse action.
165	165	8. If a Licensee has had a limitation or restriction on
166	166	a License or Compact Privilege due to an Adverse Action, two years
167	167	must have elapsed from the date on which the License or Compact
168	168	Privilege is no longer limited or restricted due to the Adverse
169	169	Action.
170	170	9. If a Compact Privilege has been revoked or is
171	171	limited or restricted in a Participating State for conduct that
172	172	would not be a basis for disciplinary action in a Participating
173	173	State in which the Licensee is practicing or applying to practice
174	174	under a Compact Privilege, that Participating State shall have the
175	175	discretion not to consider such action as an Adverse Action
176	176	requiring the denial or removal of a Compact Privilege in that
177	177	State.
178	178	10. Notify the Compact Commission that the Licensee is
179	179	seeking the Compact Privilege in a Remote State.
180	180	11. Meet any Jurisprudence Requirement of a Remote
181	181	State in which the Licensee is seeking to practice under the Compact
182	182	Privilege and pay any fees applicable to satisfying the
183	183	Jurisprudence Requirement.
184	184	12. Report to the Commission any Adverse Action taken
185	185	by a non-participating State within thirty (30) days after the
186	186	action is taken.
187	187	B. The Compact Privilege is valid until the expiration or
188	188	revocation of the Qualifying License unless terminated pursuant to
189	189	an Adverse Action. The Licensee must also comply with all of the
190	190	requirements of Subsection A above to maintain the Compact
191	191	Privilege in a Remote State. If the Participating State takes
192	192	Adverse Action against a Qualifying License, the Licensee shall
193	193	lose the Compact Privilege in any Remote State in which the Licensee
194	194	has a Compact Privilege until all of the following occur:
195	195	1. The License is no longer limited or restricted; and
196	196	2. Two (2) years have elapsed from the date on which
197	197	the License is no longer limited or restricted due to the Adverse
198	198	Action.
199	199	C. Once a restricted or limited License satisfies the
200	200	requirements of Subsection B.1 and 2, the Licensee must meet the
201	201	requirements of Subsection A to obtain a Compact Privilege in any
202	202	Remote State.
203	203	D. For each Remote State in which a PA seeks authority to
204	204	prescribe controlled substances, the PA shall satisfy all
205	205	requirements imposed by such State in granting or renewing such
206	206	authority.
207	207	Section 5. Designation of the State from Which Licensee is
208	208	Applying for a Compact Privilege
209	209	A. Upon a Licensee's application for a Compact Privilege,
210	210	the Licensee shall identify to the Commission the Participating
211	211	State from which the Licensee is applying, in accordance with
212	212	applicable Rules adopted by the Commission, and subject to the
213	213	following requirements:
214	214	1. When applying for a Compact Privilege, the Licensee
215	215	shall provide the Commission with the address of the Licensee's
216	216	primary residence and thereafter shall immediately report to the
217	217	Commission any change in the address of the Licensee's primary
218	218	residence.
219	219	2. When applying for a Compact Privilege, the Licensee
220	220	is required to consent to accept service of process by mail at the
221	221	Licensee's primary residence on file with the Commission with
222	222	respect to any action brought against the Licensee by the
223	223	Commission or a Participating State, including a subpoena, with
224	224	respect to any action brought or investigation conducted by the
225	225	Commission or a Participating State.
226	226	Section 6. Adverse Actions
227	227	A. A Participating State in which a Licensee is licensed
228	228	shall have exclusive power to impose Adverse Action against the
229	229	Qualifying License issued by that Participating State.
230	230	B. In addition to the other powers conferred by State law, a
231	231	Remote State shall have the authority, in accordance with existing
232	232	State due process law, to do all of the following:
233	233	1. Take Adverse Action against a PA's Compact
234	234	Privilege within that State to remove a Licensee's Compact
235	235	Privilege or take other action necessary under applicable law to
236	236	protect the health and safety of its citizens.
237	237	2. Issue subpoenas for both hearings and
238	238	investigations that require the attendance and testimony of
239	239	witnesses as well as the production of evidence. Subpoenas issued
240	240	by a Licensing Board in a Participating State for the attendance and
241	241	testimony of witnesses or the production of evidence from another
242	242	Participating State shall be enforced in the latter State by any
243	243	court of competent jurisdiction, according to the practice and
244	244	procedure of that court applicable to subpoenas issued in
245	245	proceedings pending before it. The issuing authority shall pay any
246	246	witness fees, travel expenses, mileage and other fees required by
247	247	the service statutes of the State in which the witnesses or evidence
248	248	are located.
249	249	3. Notwithstanding paragraph 1, subpoenas may not be
250	250	issued by a Participating State to gather evidence of conduct in
251	251	another State that is lawful in that other State for the purpose of
252	252	taking Adverse Action against a Licensee's Compact Privilege or
253	253	application for a Compact Privilege in that Participating State.
254	254	4. Nothing in this Compact authorizes a Participating
255	255	State to impose discipline against a PA's Compact Privilege or to
256	256	deny an application for a Compact Privilege in that Participating
257	257	State for the individual's otherwise lawful practice in another
258	258	State.
259	259	C. For purposes of taking Adverse Action, the Participating
260	260	State which issued the Qualifying License shall give the same
261	261	priority and effect to reported conduct received from any other
262	262	Participating State as it would if the conduct had occurred within
263	263	the Participating State which issued the Qualifying License. In so
264	264	doing, that Participating State shall apply its own State laws to
265	265	determine appropriate action.
266	266	D. A Participating State, if otherwise permitted by State
267	267	law, may recover from the affected PA the costs of investigations
268	268	and disposition of cases resulting from any Adverse Action taken
269	269	against that PA.
270	270	E. A Participating State may take Adverse Action based on
271	271	the factual findings of a Remote State, provided that the
272	272	Participating State follows its own procedures for taking the
273	273	Adverse Action.
274	274	F. Joint Investigations
275	275	1. In addition to the authority granted to a
276	276	Participating State by its respective State PA laws and regulations
277	277	or other applicable State law, any Participating State may
278	278	participate with other Participating States in joint
279	279	investigations of Licensees.
280	280	2. Participating States shall share any
281	281	investigative, litigation, or compliance materials in furtherance
282	282	of any joint or individual investigation initiated under this
283	283	Compact.
284	284	G. If an Adverse Action is taken against a PA's Qualifying
285	285	License, the PA's Compact Privilege in all Remote States shall be
286	286	deactivated until two (2) years have elapsed after all restrictions
287	287	have been removed from the State License. All disciplinary orders
288	288	by the Participating State which issued the Qualifying License that
289	289	impose Adverse Action against a PA's License shall include a
290	290	Statement that the PA's Compact Privilege is deactivated in all
291	291	Participating States during the pendency of the order.
292	292	H. If any Participating State takes Adverse Action, it
293	293	promptly shall notify the administrator of the Data System.
294	294	Section 7. Establishment of the PA Licensure Compact Commission
295	295	A. The Participating States hereby create and establish a
296	296	joint government agency and national administrative body known as
297	297	the PA Licensure Compact Commission. The Commission is an
298	298	instrumentality of the Compact States acting jointly and not an
299	299	instrumentality of any one State. The Commission shall come into
300	300	existence on or after the effective date of the Compact as set forth
301	301	in Section 11.A.
302	302	B. Membership, Voting, and Meetings
303	303	1. Each Participating State shall have and be limited
304	304	to one (1) delegate selected by that Participating State's
305	305	Licensing Board or, if the State has more than one Licensing Board,
306	306	selected collectively by the Participating State's Licensing
307	307	Boards.
308	308	2. The delegate shall be either:
309	309	a. A current PA, physician or public member of a
310	310	Licensing Board or PA Council/Committee; or
311	311	b. An administrator of a Licensing Board.
312	312	3. Any delegate may be removed or suspended from
313	313	office as provided by the laws of the State from which the delegate
314	314	is appointed.
315	315	4. The Participating State Licensing Board shall fill
316	316	any vacancy occurring in the Commission within sixty (60) days.
317	317	5. Each delegate shall be entitled to one (1) vote on
318	318	all matters voted on by the Commission and shall otherwise have an
319	319	opportunity to participate in the business and affairs of the
320	320	Commission. A delegate shall vote in person or by such other means
321	321	as provided in the bylaws. The bylaws may provide for delegates'
322	322	participation in meetings by telecommunications, video conference,
323	323	or other means of communication.
324	324	6. The Commission shall meet at least once during each
325	325	calendar year. Additional meetings shall be held as set forth in
326	326	this Compact and the bylaws.
327	327	7. The Commission shall establish by Rule a term of
328	328	office for delegates.
329	329	C. The Commission shall have the following powers and
330	330	duties:
331	331	1. Establish a code of ethics for the Commission;
332	332	2. Establish the fiscal year of the Commission;
333	333	3. Establish fees;
334	334	4. Establish bylaws;
335	335	5. Maintain its financial records in accordance with
336	336	the bylaws;
337	337	6. Meet and take such actions as are consistent with
338	338	the provisions of this Compact and the bylaws;
339	339	7. Promulgate Rules to facilitate and coordinate
340	340	implementation and administration of this Compact. The Rules shall
341	341	have the force and effect of law and shall be binding in all
342	342	Participating States;
343	343	8. Bring and prosecute legal proceedings or actions in
344	344	the name of the Commission, provided that the standing of any State
345	345	Licensing Board to sue or be sued under applicable law shall not be
346	346	affected;
347	347	9. Purchase and maintain insurance and bonds;
348	348	10. Borrow, accept, or contract for services of
349	349	personnel, including, but not limited to, employees of a
350	350	Participating State;
351	351	11. Hire employees and engage contractors, elect or
352	352	appoint officers, fix compensation, define duties, grant such
353	353	individuals appropriate authority to carry out the purposes of this
354	354	Compact, and establish the Commission's personnel policies and
355	355	programs relating to conflicts of interest, qualifications of
356	356	personnel, and other related personnel matters;
357	357	12. Accept any and all appropriate donations and
358	358	grants of money, equipment, supplies, materials and services, and
359	359	receive, utilize and dispose of the same; provided that at all times
360	360	the Commission shall avoid any appearance of impropriety or
361	361	conflict of interest;
362	362	13. Lease, purchase, accept appropriate gifts or
363	363	donations of, or otherwise own, hold, improve or use, any property,
364	364	real, personal or mixed; provided that at all times the Commission
365	365	shall avoid any appearance of impropriety;
366	366	14. Sell, convey, mortgage, pledge, lease, exchange,
367	367	abandon, or otherwise dispose ofany property real, personal, or
368	368	mixed;
369	369	15. Establish a budget and make expenditures;
370	370	16. Borrow money;
371	371	17. Appoint committees, including standing committees
372	372	composed of members, State regulators, State legislators or their
373	373	representatives, and consumer representatives, and such other
374	374	interested persons as may be designated in this Compact and the
375	375	bylaws;
376	376	18. Provide and receive information from, and
377	377	cooperate with, law enforcement agencies;
378	378	19. Elect a Chair, Vice Chair, Secretary and Treasurer
379	379	and such other officers of the Commission as provided in the
380	380	Commission's bylaws.
381	381	20. Reserve for itself, in addition to those reserved
382	382	exclusively to the Commission under the Compact, powers that the
383	383	Executive Committee may not exercise;
384	384	21. Approve or disapprove a State's participation in
385	385	the Compact based upon its determination as to whether the State's
386	386	Compact legislation departs in a material manner from the Model
387	387	Compact language;
388	388	22. Prepare and provide to the Participating States an
389	389	annual report; and
390	390	23. Perform such other functions as may be necessary
391	391	or appropriate to achieve the purposes of this Compact consistent
392	392	with the State regulation of PA licensure and practice.
393	393	D. Meetings of the Commission
394	394	1. All meetings of the Commission that are not closed
395	395	pursuant to this subsection shall be open to the public. Notice of
396	396	public meetings shall be posted on the Commission's website at
397	397	least thirty (30) days prior to the public meeting.
398	398	2. Notwithstanding subsection D.1 of this section, the
399	399	Commission may convene a public meeting by providing at least
400	400	twenty-four (24) hours prior notice on the Commission's website,
401	401	and any other means as provided in the Commission's Rules, for any
402	402	of the reasons it may dispense with notice of proposed rulemaking
403	403	under Section 9.L.
404	404	3. The Commission may convene in a closed, non-public
405	405	meeting or non-public part of a public meeting to receive legal
406	406	advice or to discuss:
407	407	a. Non-compliance of a Participating State with
408	408	its obligations under this Compact;
409	409	b. The employment, compensation, discipline or
410	410	other matters, practices or procedures related to specific
411	411	employees or other matters related to the Commission's internal
412	412	personnel practices and procedures;
413	413	c. Current, threatened, or reasonably
414	414	anticipated litigation;
415	415	d. Negotiation of contracts for the purchase,
416	416	lease, or sale of goods, services, or real estate;
417	417	e. Accusing any person of a crime or formally
418	418	censuring any person;
419	419	f. Disclosure of trade secrets or commercial or
420	420	financial information that is privileged or confidential;
421	421	g. Disclosure of information of a personal nature
422	422	where disclosure would constitute a clearly unwarranted invasion of
423	423	personal privacy;
424	424	h. Disclosure of investigative records compiled
425	425	for law enforcement purposes;
426	426	i. Disclosure of information related to any
427	427	investigative reports prepared byor on behalf of or for use of the
428	428	Commission or other committee charged with responsibility of
429	429	investigation or determination of compliance issues pursuant to
430	430	this Compact;
431	431	j. Legal advice; or
432	432	k. Matters specifically exempted from disclosure
433	433	by federal or Participating States' statutes
434	434	4. If a meeting, or portion of a meeting, is closed
435	435	pursuant to this provision, the chair of the meeting or the chair's
436	436	designee shall certify that the meeting or portion of the meeting
437	437	may be closed and shall reference each relevant exempting
438	438	provision.
439	439	5. The Commission shall keep minutes that fully and
440	440	clearly describe all matters discussed in a meeting and shall
441	441	provide a full and accurate summary of actions taken, including a
442	442	description of the views expressed. All documents considered in
443	443	connection with an action shall be identified in such minutes. All
444	444	minutes and documents of a closed meeting shall remain under seal,
445	445	subject to release by a majority vote of the Commission or order of
446	446	a court of competent jurisdiction.
447	447	E. Financing of the Commission
448	448	1. The Commission shall pay, or provide for the
449	449	payment of, the reasonable expenses of its establishment,
450	450	organization, and ongoing activities.
451	451	2. The Commission may accept any and all appropriate
452	452	revenue sources, donations, and grants of money, equipment,
453	453	supplies, materials, and services.
454	454	3. The Commission may levy on and collect an annual
455	455	assessment from each Participating State and may impose Compact
456	456	Privilege fees on Licensees of Participating States to whom a
457	457	Compact Privilege is granted to cover the cost of the operations and
458	458	activities of the Commission and its staff, which must be in a total
459	459	amount sufficient to cover its annual budget as approved by the
460	460	Commission each year for which revenue is not provided by other
461	461	sources. The aggregate annual assessment amount levied on
462	462	Participating States shall be allocated based upon a formula to be
463	463	determined by Commission Rule.
464	464	a. A Compact Privilege expires when the
465	465	Licensee's Qualifying License in the Participating State from which
466	466	the Licensee applied for the Compact Privilege expires.
467	467	b. If the Licensee terminates the Qualifying
468	468	License through which the Licensee applied for the Compact
469	469	Privilege before its scheduled expiration, and the Licensee has a
470	470	Qualifying License in another Participating State, the Licensee
471	471	shall inform the Commission that it is changing to that
472	472	Participating State the Participating State through which it
473	473	applies for a Compact Privilege and pay to the Commission any
474	474	Compact Privilege fee required by Commission Rule.
475	475	4. The Commission shall not incur obligations of any
476	476	kind prior to securing the funds adequate to meet the same; nor
477	477	shall the Commission pledge the credit of any of the Participating
478	478	States, except by and with the authority of the Participating
479	479	State.
480	480	5. The Commission shall keep accurate accounts of all
481	481	receipts and disbursements. The receipts and disbursements of the
482	482	Commission shall be subject to the financial review and accounting
483	483	procedures established under its bylaws. All receipts and
484	484	disbursements of funds handled by the Commission shall be subject
485	485	to an annual financial review by a certified or licensed public
486	486	accountant, and the report of the financial review shall be
487	487	included in and become part of the annual report of the Commission.
488	488	F. The Executive Committee
489	489	1. The Executive Committee shall have the power to act
490	490	on behalf of the Commission according to the terms of this Compact
491	491	and Commission Rules.
492	492	2. The Executive Committee shall be composed of nine
493	493	(9) members:
494	494	a. Seven voting members who are elected by the
495	495	Commission from the current membership of the Commission;
496	496	b. One ex-officio, nonvoting member from a
497	497	recognized national PA professional association; and
498	498	c. One ex-officio, nonvoting member from a
499	499	recognized national PA certification organization.
500	500	3. The ex-officio members will be selected by their
501	501	respective organizations.
502	502	4. The Commission may remove any member of the
503	503	Executive Committee as provided in its bylaws.
504	504	5. The Executive Committee shall meet at least
505	505	annually.
506	506	6. The Executive Committee shall have the following
507	507	duties and responsibilities:
508	508	a. Recommend to the Commission changes to the
509	509	Commission's Rules or bylaws, changes to this Compact legislation,
510	510	fees to be paid by Compact Participating States such as annual dues,
511	511	and any Commission Compact fee charged to Licensees for the Compact
512	512	Privilege;
513	513	b. Ensure Compact administration services are
514	514	appropriately provided, contractual or otherwise;
515	515	c. Prepare and recommend the budget;
516	516	d. Maintain financial records on behalf of the
517	517	Commission;
518	518	e. Monitor Compact compliance of Participating
519	519	States and provide compliance reports to the Commission;
520	520	f. Establish additional committees as necessary;
521	521	g. Exercise the powers and duties of the
522	522	Commission during the interim between Commission meetings, except
523	523	for issuing proposed rulemaking or adopting Commission Rules or
524	524	bylaws, or exercising any other powers and duties exclusively
525	525	reserved to the Commission by the Commission's Rules; and
526	526	h. Perform other duties as provided in the
527	527	Commission's Rules or bylaws.
528	528	7. All meeting of the Executive Committee at which it
529	529	votes or plans to vote on matters in exercising the powers and
530	530	duties of the Commission shall be open to the public and public
531	531	notice of such meetings shall be given as public meetings of the
532	532	Commission are given.
533	533	8. The Executive Committee may convene in a closed,
534	534	non-public meeting for the same reasons that the Commission may
535	535	convene in a non-public meeting as set forth in Section 7.D 3 and
536	536	shall announce the closed meeting as the Commission is required to
537	537	under Section 7.D.4 and keep minutes of the closed meeting as the
538	538	Commission is required to under Section 7.D.5.
539	539	G. Qualified Immunity, Defense, and Indemnification
540	540	1. The members, officers, executive director,
541	541	employees and representatives of the Commission shall be immune
542	542	from suit and liability, both personally and in their official
543	543	capacity, for any claim for damage to or loss of property or
544	544	personal injury or other civil liability caused by or arising out of
545	545	any actual or alleged act, error, or omission that occurred, or that
546	546	the person against whom the claim is made had a reasonable basis for
547	547	believing occurred within the scope of Commission employment,
548	548	duties or responsibilities; provided that nothing in this paragraph
549	549	shall be construed to protect any such person from suit or liability
550	550	for any damage, loss, injury, or liability caused by the
551	551	intentional or willful or wanton misconduct of that person. The
552	552	procurement of insurance of any type by the Commission shall not in
553	553	any way compromise or limit the immunity granted hereunder.
554	554	2. The Commission shall defend any member, officer,
555	555	executive director, employee, and representative of the Commission
556	556	in any civil action seeking to impose liability arising out of any
557	557	actual or alleged act, error, or omission that occurred within the
558	558	scope of Commission employment, duties, or responsibilities, or as
559	559	determined by the commission that the person against whom the claim
560	560	is made had a reasonable basis for believing occurred within the
561	561	scope of Commission employment, duties, or responsibilities;
562	562	provided that nothing herein shall be construed to prohibit that
563	563	person from retaining their own counsel at their own expense; and
564	564	provided further, that the actual or alleged act, error, or
565	565	omission did not result from that person's intentional or willful
566	566	or wanton misconduct.
567	567	3. The Commission shall indemnify and hold harmless
568	568	any member, officer, executive director, employee, and
569	569	representative of the Commission for the amount of any settlement
570	570	or judgment obtained against that person arising out of any actual
571	571	or alleged act, error, or omission that occurred within the scope of
572	572	Commission employment, duties, or responsibilities, or that such
573	573	person had a reasonable basis for believing occurred within the
574	574	scope of Commission employment, duties, or responsibilities,
575	575	provided that the actual or alleged act, error, or omission did not
576	576	result from the intentional or willful or wanton misconduct of that
577	577	person.
578	578	4. Venue is proper and judicial proceedings by or
579	579	against the Commission shall be brought solely and exclusively in a
580	580	court of competent jurisdiction where the principal office of the
581	581	Commission is located. The Commission may waive venue and
582	582	jurisdictional defenses in any proceedings as authorized by
583	583	Commission Rules.
584	584	5. Nothing herein shall be construed as a limitation
585	585	on the liability of any Licensee for professional malpractice or
586	586	misconduct, which shall be governed solely by any other applicable
587	587	State laws.
588	588	6. Nothing herein shall be construed to designate the
589	589	venue or jurisdiction to bring actions for alleged acts of
590	590	malpractice, professional misconduct, negligence, or other such
591	591	civil action pertaining to the practice of a PA. All such matters
592	592	shall be determined exclusively by State law other than this
593	593	Compact.
594	594	7. Nothing in this Compact shall be interpreted to
595	595	waive or otherwise person's intentional or willful or wanton
596	596	misconduct.abrogate a Participating State's state action immunity
597	597	or state action affirmative defense with respect to antitrust
598	598	claims under the Sherman Act, Clayton Act, or any other State or
599	599	federal antitrust or anticompetitive law or regulation.
600	600	8. Nothing in this Compact shall be construed to be a
601	601	waiver of sovereign immunity by the Participating States or by the
602	602	Commission.
603	603	Section 8. Data System
604	604	A. The Commission shall provide for the development,
605	605	maintenance, operation, and utilization of a coordinated data and
606	606	reporting system containing licensure, Adverse Action, and the
607	607	reporting of the existence of Significant Investigative
608	608	Information on all licensed PAs and applicants denied a License in
609	609	Participating States.
610	610	B. Notwithstanding any other State law to the contrary, a
611	611	Participating State shall submit a uniform data set to the Data
612	612	System on all PAs to whom this Compact is applicable (utilizing a
613	613	unique identifier) as required by the Rules of the Commission,
614	614	including:
615	615	1. Identifying information;
616	616	2. Licensure data;
617	617	3. Adverse Actions against a License or Compact
618	618	Privilege;
619	619	4. Any denial of application for licensure, and the
620	620	reason(s) for such denial (excluding the reporting of any Criminal
621	621	history record information where prohibited by law);
622	622	5. The existence of Significant Investigative
623	623	Information; and
624	624	6. Other information that may facilitate the
625	625	administration of this Compact, as determined by the Rules of the
626	626	Commission.
627	627	C. Significant Investigative Information pertaining to a
628	628	Licensee in any Participating State shall only be available to
629	629	other Participating States.
630	630	D. The Commission shall promptly notify all Participating
631	631	States of any Adverse Action taken against a Licensee or an
632	632	individual applying for a License that has been reported to it. This
633	633	Adverse Action information shall be available to any other
634	634	Participating State.
635	635	E. Participating States contributing information to the
636	636	Data System may, in accordance with State or federal law, designate
637	637	information that may not be shared with the public without the
638	638	express permission of the contributing State. Notwithstanding any
639	639	such designation, such information shall be reported to the
640	640	Commission through the Data System.
641	641	F. Any information submitted to the Data System that is
642	642	subsequently expunged pursuant to federal law or the laws of the
643	643	Participating State contributing the information shall be removed
644	644	from the Data System upon reporting of such by the Participating
645	645	State to the Commission.
646	646	G. The records and information provided to a Participating
647	647	State pursuant to this Compact or through the Data System, when
648	648	certified by the Commission or an agent thereof, shall constitute
649	649	the authenticated business records of the Commission, and shall be
650	650	entitled to any associated hearsay exception in any relevant
651	651	judicial, quasi-judicial or administrative proceedings in a
652	652	Participating State.
653	653	Section 9. Rulemaking
654	654	A. The Commission shall exercise its Rulemaking powers
655	655	pursuant to the criteria set forth in this Section and the Rules
656	656	adopted thereunder. Commission Rules shall become binding as of the
657	657	date specified by the Commission for each Rule.
658	658	B. The Commission shall promulgate reasonable Rules in
659	659	order to effectively and efficiently implement and administer this
660	660	Compact and achieve its purposes. A Commission Rule shall be
661	661	invalid and have not force or effect only if a court of competent
662	662	jurisdiction holds that the Rule is invalid because the Commission
663	663	exercised its rulemaking authority in a manner that is beyond the
664	664	scope of the purposes of this Compact, or the powers granted
665	665	hereunder, or based upon another applicable standard of review.
666	666	C. The Rules of the Commission shall have the force of law in
667	667	each Participating State, provided however that where the Rules of
668	668	the Commission conflict with the laws of the Participating State
669	669	that establish the medical services a PA may perform in the
670	670	Participating State, as held by a court of competent jurisdiction,
671	671	the Rules of the Commission shall be ineffective in that State to
672	672	the extent of the conflict.
673	673	D. If a majority of the legislatures of the Participating
674	674	States rejects a Commission Rule, by enactment of a statute or
675	675	resolution in the same manner used to adopt this Compact within four
676	676	(4) years of the date of adoption of the Rule, then such Rule shall
677	677	have no further force and effect in any Participating State or to
678	678	any State applying to participate in the Compact.
679	679	E. Commission Rules shall be adopted at a regular or special
680	680	meeting of the Commission.
681	681	F. Prior to promulgation and adoption of a final Rule or
682	682	Rules by the Commission, and at least thirty (30) days in advance of
683	683	the meeting at which the Rule will be considered and voted upon, the
684	684	Commission shall file a Notice of Proposed Rulemaking:
685	685	1. On the website of the Commission or other publicly
686	686	accessible platform; and
687	687	2. To persons who have requested notice of the
688	688	Commission's notices of proposed rulemaking, and
689	689	3. In such other way(s) as the Commission may by Rule
690	690	specify
691	691	G. The Notice of Proposed Rulemaking shall include:
692	692	1. The time, date, and location of the public hearing
693	693	on the proposed Rule and the proposed time, date and location of the
694	694	meeting in which the proposed Rule will be considered and voted
695	695	upon;
696	696	2. The text of the proposed Rule and the reason for the
697	697	proposed Rule;
698	698	3. A request for comments on the proposed Rule from any
699	699	interested person and the date by which written comments must be
700	700	received; and
701	701	4. The manner in which interested persons may submit
702	702	notice to the Commission of their intention to attend the public
703	703	hearing or provide any written comments.
704	704	H. Prior to adoption of a proposed Rule, the Commission
705	705	shall allow persons to submit written data, facts, opinions, and
706	706	arguments, which shall be made available to the public.
707	707	I. If the hearing is to be held via electronic means, the
708	708	Commission shall publish the mechanism for access to the electronic
709	709	hearing.
710	710	1. All persons wishing to be heard at the hearing shall
711	711	as directed in the Notice of Proposed Rulemaking, not less than five
712	712	(5) business days before the scheduled date of the hearing, notify
713	713	the Commission of their desire to appear and testify at the hearing.
714	714	2. Hearings shall be conducted in a manner providing
715	715	each person who wishes to comment a fair and reasonable opportunity
716	716	to comment orally or in writing.
717	717	3. All hearings shall be recorded. A copy of the
718	718	recording and the written comments, data, facts, opinions, and
719	719	arguments received in response to the proposed rulemaking shall be
720	720	made available to a person upon request.
721	721	4. Nothing in this section shall be construed as
722	722	requiring a separate hearing on each proposed Rule. Proposed Rules
723	723	may be grouped for the convenience of the Commission at hearings
724	724	required by this section.
725	725	J. Following the public hearing the Commission shall
726	726	consider all written and oral comments timely received.
727	727	K. The Commission shall, by majority vote of all delegates,
728	728	take final action on the proposed Rule and shall determine the
729	729	effective date of the Rule, if adopted, based on the Rulemaking
730	730	record and the full text of the Rule.
731	731	1. If adopted, the Rule shall be posted on the
732	732	Commission's website.
733	733	2. The Commission may adopt changes to the proposed
734	734	Rule provided the changes do not enlarge the original purpose of the
735	735	proposed Rule.
736	736	3. The Commission shall provide on its website an
737	737	explanation of the reasons for substantive changes made to the
738	738	proposed Rule as well as reasons for substantive changes not made
739	739	that were recommended by commenters.
740	740	4. The Commission shall determine a reasonable
741	741	effective date for the Rule. Except for an emergency as provided in
742	742	subsection L, the effective date of the Rule shall be no sooner than
743	743	thirty (30) days after the Commission issued the notice that it
744	744	adopted the Rule.
745	745	L. Upon determination that an emergency exists, the
746	746	Commission may consider and adopt an emergency Rule with
747	747	twenty-four (24) hours prior notice, without the opportunity for
748	748	comment, or hearing, provided that the usual rulemaking procedures
749	749	provided in this Compact and in this section shall be retroactively
750	750	applied to the Rule as soon as reasonably possible, in no event
751	751	later than ninety (90) days after the effective date of the Rule.
752	752	For the purposes of this provision, an emergency Rule is one that
753	753	must be adopted immediately by the Commission in order to:
754	754	1. Meet an imminent threat to public health, safety,
755	755	or welfare;
756	756	2. Prevent a loss of Commission or Participating State
757	757	funds;
758	758	3. Meet a deadline for the promulgation of a
759	759	Commission Rule that is established by federal law or Rule; or
760	760	4. Protect public health and safety.
761	761	M. The Commission or an authorized committee of the
762	762	Commission may direct revisions to a previously adopted Commission
763	763	Rule for purposes of correcting typographical errors, errors in
764	764	format, errors in consistency, or grammatical errors. Public notice
765	765	of any revisions shall be posted on the website of the Commission.
766	766	The revision shall be subject to challenge by any person for a
767	767	period of thirty (30) days after posting. The revision may be
768	768	challenged only on grounds that the revision results in a material
769	769	change to a Rule. A challenge shall be made as set forth in the
770	770	notice of revisions and delivered to the Commission prior to the end
771	771	of the notice period. If no challenge is made, the revision will
772	772	take effect without further action. If the revision is challenged,
773	773	the revision may not take effect without the approval of the
774	774	Commission.
775	775	N. No Participating State's rulemaking requirements shall
776	776	apply under this Compact.
777	777	Section 10. Oversight, Dispute Resolution, and Enforcement
778	778	A. Oversight
779	779	1. The executive and judicial branches of State
780	780	government in each Participating State shall enforce this Compact
781	781	and take all actions necessary and appropriate to implement the
782	782	Compact.
783	783	2. Venue is proper and judicial proceedings by or
784	784	against the Commission shall be brought solely and exclusively in a
785	785	court of competent jurisdiction where the principal office of the
786	786	Commission is located. The Commission may waive venue and
787	787	jurisdictional defenses to the extent it adopts or consents to
788	788	participate in alternative dispute resolution proceedings. Nothing
789	789	herein shall affect or limit the selection or propriety of venue in
790	790	any action against a licensee for professional malpractice,
791	791	misconduct or any such similar matter.
792	792	3. The Commission shall be entitled to receive service
793	793	of process in any proceeding regarding the enforcement or
794	794	interpretation of the Compact or the Commission's Rules and shall
795	795	have standing to intervene in such a proceeding for all purposes.
796	796	Failure to provide the Commission with service of process shall
797	797	render a judgment or order in such proceeding void as to the
798	798	Commission, this Compact, or Commission Rules.
799	799	B. Default, Technical Assistance, and Termination
800	800	1. If the Commission determines that a Participating
801	801	State has defaulted in the performance of its obligations or
802	802	responsibilities under this Compact or the Commission Rules, the
803	803	Commission shall provide written notice to the defaulting State and
804	804	other Participating States. The notice shall describe the default,
805	805	the proposed means of curing the default and any other action that
806	806	the Commission may take and shall offer remedial training and
807	807	specific technical assistance regarding the default.
808	808	2. If a State in default fails to cure the default, the
809	809	defaulting State may be terminated from this Compact upon an
810	810	affirmative vote of a majority of the delegates of the
811	811	Participating States, and all rights, privileges and benefits
812	812	conferred by this Compact upon such State may be terminated on the
813	813	effective date of termination. A cure of the default does not
814	814	relieve the offending State of obligations or liabilities incurred
815	815	during the period of default.
816	816	3. Termination of participation in this Compact shall
817	817	be imposed only after all other means of securing compliance have
818	818	been exhausted. Notice of intent to suspend or terminate shall be
819	819	given by the Commission to the governor, the majority and minority
820	820	leaders of the defaulting State's legislature, and to the Licensing
821	821	Board(s) of each of the Participating States.
822	822	4. A State that has been terminated is responsible for
823	823	all assessments, obligations, and liabilities incurred through the
824	824	effective date of termination, including obligations that extend
825	825	beyond the effective date of termination.
826	826	5. The Commission shall not bear any costs related to a
827	827	State that is found to be in default or that has been terminated
828	828	from this Compact, unless agreed upon in writing between the
829	829	Commission and the defaulting State.
830	830	6. The defaulting State may appeal its termination
831	831	from the Compact by the Commission by petitioning the U.S. District
832	832	Court for the District of Columbia or the federal district where the
833	833	Commission has its principal offices. The prevailing member shall
834	834	be awarded all costs of such litigation, including reasonable
835	835	attorney's fees.
836	836	7. Upon the termination of a State's participation in
837	837	the Compact, the State shall immediately provide notice to all
838	838	Licensees within that State of such termination:
839	839	a. Licensees who have been granted a Compact
840	840	Privilege in that State shall retain the Compact Privilege for one
841	841	hundred eighty (180) days following the effective date of such
842	842	termination.
843	843	b. Licensees who are licensed in that State who
844	844	have been granted a Compact Privilege in a Participating State
845	845	shall retain the Compact Privilege for one hundred eighty (180)
846	846	days unless the Licensee also has a Qualifying License in a
847	847	Participating State or obtains a Qualifying License in a
848	848	Participating State before the one hundred eighty (180)-day period
849	849	ends, in which case the Compact Privilege shall continue.
850	850	C. Dispute Resolution
851	851	1. Upon request by a Participating State, the
852	852	Commission shall attempt to resolve disputes related to this
853	853	Compact that arise among Participating States and between
854	854	participating and non-Participating States.
855	855	2. The Commission shall promulgate a Rule providing
856	856	for both mediation and binding dispute resolution for disputes as
857	857	appropriate.
858	858	D. Enforcement
859	859	1. The Commission, in the reasonable exercise of its
860	860	discretion, shall enforce the provisions of this Compact and Rules
861	861	of the Commission.
862	862	2. If compliance is not secured after all means to
863	863	secure compliance have been exhausted, by majority vote, the
864	864	Commission may initiate legal action in the United States District
865	865	Court for the District of Columbia or the federal district where the
866	866	Commission has its principal offices, against a Participating State
867	867	in default to enforce compliance with the provisions of this
868	868	Compact and the Commission's promulgated Rules and bylaws. The
869	869	relief sought may include both injunctive relief and damages. In
870	870	the event judicial enforcement is necessary, the prevailing party
871	871	shall be awarded all costs of such litigation, including reasonable
872	872	attorney's fees.
873	873	3. The remedies herein shall not be the exclusive
874	874	remedies of the Commission. The Commission may pursue any other
875	875	remedies available under federal or State law.
876	876	E. Legal Action Against the Commission
877	877	1. A Participating State may initiate legal action
878	878	against the Commission in the U.S. District Court for the District
879	879	of Columbia or the federal district where the Commission has its
880	880	principal offices to enforce compliance with the provisions of the
881	881	Compact and its Rules. The relief sought may include both
882	882	injunctive relief and damages. In the event judicial enforcement is
883	883	necessary, the prevailing party shall be awarded all costs of such
884	884	litigation, including reasonable attorney's fees.
885	885	2. No person other than a Participating State shall
886	886	enforce this Compact against the Commission.
887	887	Section 11. Date of Implementation of the PA Licensure Compact
888	888	Commission
889	889	A. This Compact shall come into effect on the date on which
890	890	this Compact statute is enacted into law in the seventh
891	891	Participating State.
892	892	1. On or after the effective date of the Compact, the
893	893	Commission shall convene and review the enactment of each of the
894	894	States that enacted the Compact prior to the Commission convening
895	895	("Charter Participating States") to determine if the statute
896	896	enacted by each such Charter Participating State is materially
897	897	different than the Model Compact.
898	898	a. A Charter Participating State whose enactment
899	899	is found to be materially different from the Model Compact shall be
900	900	entitled to the default process set forth in Section 10.B.
901	901	b. If any Participating State later withdraws
902	902	from the Compact or its participation is terminated, the Commission
903	903	shall remain in existence and the Compact shall remain in effect
904	904	even if the number of Participating States should be less than
905	905	seven. Participating States enacting the Compact subsequent to the
906	906	Commission convening shall be subject to the process set forth in
907	907	Section 7.C.21 to determine if their enactments are materially
908	908	different from the Model Compact and whether they qualify for
909	909	participation in the Compact.
910	910	2. Participating States enacting the Compact
911	911	subsequent to the seven initial Charter Participating States shall
912	912	be subject to the process set forth in Section 7.C.21 to determine
913	913	if their enactments are materially different from the Model Compact
914	914	and whether they qualify for participation in the Compact.
915	915	3. All actions taken for the benefit of the Commission
916	916	or in furtherance of the purposes of the administration of the
917	917	Compact prior to the effective date of the Compact or the Commission
918	918	coming into existence shall be considered to be actions of the
919	919	Commission unless specifically repudiated by the Commission.
920	920	B. Any State that joins this Compact shall be subject to the
921	921	Commission's Rules and bylaws as they exist on the date on which
922	922	this Compact becomes law in that State. Any Rule that has been
923	923	previously adopted by the Commission shall have the full force and
924	924	effect of law on the day this Compact becomes law in that State.
925	925	C. Any Participating State may withdraw from this Compact by
926	926	enacting a statute repealing the same.
927	927	1. A Participating State's withdrawal shall not take
928	928	effect until one hundred eighty (180) days after enactment of the
929	929	repealing statute. During this one hundred eighty (180) day-period,
930	930	all Compact Privileges that were in effect in the withdrawing State
931	931	and were granted to Licensees licensed in the withdrawing State
932	932	shall remain in effect. If any Licensee licensed in the withdrawing
933	933	State is also licensed in another Participating State or obtains a
934	934	license in another Participating State within the one hundred
935	935	eighty (180) days, the Licensee's Compact Privileges in other
936	936	Participating States shall not be affected by the passage of the one
937	937	hundred eighty (180) days.
938	938	2. Withdrawal shall not affect the continuing
939	939	requirement of the State Licensing Board(s) of the withdrawing
940	940	State to comply with the investigative, and Adverse Action
941	941	reporting requirements of this Compact prior to the effective date
942	942	of withdrawal.
943	943	3. Upon the enactment of a statute withdrawing a State
944	944	from this Compact, the State shall immediately provide notice of
945	945	such withdrawal to all Licensees within that State. Such
946	946	withdrawing State shall continue to recognize all licenses granted
947	947	pursuant to this Compact for a minimum of one hundred eighty (180)
948	948	days after the date of such notice of withdrawal.
949	949	D. Nothing contained in this Compact shall be construed to
950	950	invalidate or prevent any PA licensure agreement or other
951	951	cooperative arrangement between Participating States and between a
952	952	Participating State and non-Participating State that does not
953	953	conflict with the provisions of this Compact.
954	954	E. This Compact may be amended by the Participating States.
955	955	No amendment to this Compact shall become effective and binding
956	956	upon any Participating State until it is enacted materially in the
957	957	same manner into the laws of all Participating States as determined
958	958	by the Commission.
959	959	Section 12. Construction and Severability
960	960	A. This Compact and the Commission's rulemaking authority
961	961	shall be liberally construed so as to effectuate the purposes, and
962	962	the implementation and administration of the Compact. Provisions of
963	963	the Compact expressly authorizing or requiring the promulgation of
964	964	Rules shall not be construed to limit the Commission's rulemaking
965	965	authority solely for those purposes.
966	966	B. The provisions of this Compact shall be severable and if
967	967	any phrase, clause, sentence or provision of this Compact is held by
968	968	a court of competent jurisdiction to be contrary to the
969	969	constitution of any Participating State, a State seeking
970	970	participation in the Compact, or of the United States, or the
971	971	applicability thereof to any government, agency, person or
972	972	circumstance is held to be unconstitutional by a court of competent
973	973	jurisdiction, the validity of the remainder of this Compact and the
974	974	applicability thereof to any other government, agency, person or
975	975	circumstance shall not be affected thereby.
976	976	C. Notwithstanding subsection B or this section, the
977	977	Commission may deny a State's participation in the Compact or, in
978	978	accordance with the requirements of Section10.B, terminate a
979	979	Participating State's participation in the Compact, if it
980	980	determines that a constitutional requirement of a Participating
981	981	State is, or would be with respect to a State seeking to participate
982	982	in the Compact, a material departure from the Compact. Otherwise,
983	983	if this Compact shall be held to be contrary to the constitution of
984	984	any Participating State, the Compact shall remain in full force and
985	985	effect as to the remaining Participating States and in full force
986	986	and effect as to the Participating State affected as to all
987	987	severable matters.
988	988	Section 13. Binding Effect of Compact
989	989	A. Nothing herein prevents the enforcement of any other law
990	990	of a Participating State that is not inconsistent with this
991	991	Compact.
992	992	B. Any laws in a Participating State in conflict with this
993	993	Compact are superseded to the extent of the conflict.
994	994	C. All agreements between the Commission and the
995	995	Participating States are binding in accordance with their terms.
996	996	Sec. 204.402. ADMINISTRATION OF COMPACT. The physician
997	997	assistant board is the Physician Assistant Licensure Compact
998	998	administrator for this state.
999	999	Sec. 204.403. RULES. The physician assistant board may
1000	1000	adopt rules necessary to implement this subchapter.
1001	1001	SECTION 2. This Act takes effect September 1, 2025.