The general assembly approves and
ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado and any
of the United States or other jurisdictions legally joining the compact in the form substantially as
follows:
Section 1.
Purpose
In order to strengthen access to Medical Services, and in recognition of advances in the
delivery of Medical Services, the Participating States of the PA Licensure Compact have allied
in common purpose to develop a comprehensive process that complements the existing authority
of State Licensing Boards to license and discipline PAs and seeks to enhance the portability of a
License to practice as a PA while safeguarding the safety of patients. This Compact allows
Medical Services to be provided by PAs, via the mutual recognition of the Licensee's Qualifying
License by other Compact Participating States. This Compact also adopts the prevailing standard
for PA licensure and affirms that the practice and delivery of Medical Services by the PA occurs
where the patient is located at the time of the patient encounter, and therefore requires the PA to
be under the jurisdiction of the State Licensing Board where the patient is located. State
Licensing Boards that participate in this Compact retain the jurisdiction to impose Adverse
Action against a Compact Privilege in that State issued to a PA through the procedures of this
Compact. The PA Licensure Compact will alleviate burdens for military families by allowing
active duty military personnel and their spouses to obtain a Compact Privilege based on having
an unrestricted License in good standing from a Participating State.
Section 2.
Definitions
In this Compact:
A. "Adverse Action" means any administrative, civil, equitable, or criminal action
permitted by a State's laws which is imposed by a Licensing Board or other authority against a
PA License or License application or Compact Privilege such as License denial, censure,
revocation, suspension, probation, monitoring of the Licensee, or restriction on the Licensee's
practice.
B. "Compact Privilege" means the authorization granted by a Remote State to allow a
Licensee from another Participating State to practice as a PA to provide Medical Services and
other licensed activity to a patient located in the Remote State under the Remote State's laws and
regulations.
C. "Conviction" means a finding by a court that an individual is guilty of a felony or
misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge
by the offender.
D. "Criminal Background Check" means the submission of fingerprints or other
biometric-based information for a License applicant for the purpose of obtaining that applicant's
criminal history record information, as defined in 28 CFR 20.3 (d), from the State's criminal
history record repository as defined in 28 CFR 20.3 (f).
E. "Data System" means the repository of information about Licensees, including but not
limited to License status and Adverse Actions, which is created and administered under the
terms of this Compact.
F. "Executive Committee" means a group of directors and ex officio individuals elected
or appointed pursuant to Section 7.F.2.
G. "Impaired Practitioner" means a PA whose practice is adversely affected by health-
related condition(s) that impact their ability to practice.
H. "Investigative Information" means information, records, or documents received or
generated by a Licensing Board pursuant to an investigation.
I. "Jurisprudence Requirement" means the assessment of an individual's knowledge of
the laws and Rules governing the practice of a PA in a State.
J. "License" means current authorization by a State, other than authorization pursuant to
a Compact Privilege, for a PA to provide Medical Services, which would be unlawful without
current authorization.
K. "Licensee" means an individual who holds a License from a State to provide Medical
Services as a PA.
L. "Licensing Board" means any State entity authorized to license and otherwise regulate
PAs.
M. "Medical Services" means health care services provided for the diagnosis,
prevention, treatment, cure, or relief of a health condition, injury, or disease, as defined by a
State's laws and regulations.
N. "Model Compact" means the model for the PA Licensure Compact on file with the
Council of State Governments or other entity as designated by the Commission.
O. "Participating State" means a State that has enacted this Compact.
P. "PA" means an individual who is licensed as a physician assistant in a State. For
purposes of this Compact, any other title or status adopted by a State to replace the term
"physician assistant" shall be deemed synonymous with "physician assistant" and shall confer
the same rights and responsibilities to the Licensee under the provisions of this Compact at the
time of its enactment.
Q. "PA Licensure Compact Commission," "Compact Commission," or "Commission"
means the national administrative body created pursuant to Section 7.A of this Compact.
R. "Qualifying License" means an unrestricted License issued by a Participating State to
provide Medical Services as a PA.
S. "Remote State" means a Participating State where a Licensee who is not licensed as a
PA is exercising or seeking to exercise the Compact Privilege.
T. "Rule" means a regulation promulgated by an entity that has the force and effect of
law.
U. "Significant Investigative Information" means Investigative Information that a
Licensing Board, after an inquiry or investigation that includes notification and an opportunity
for the PA to respond if required by State law, has reason to believe is not groundless and, if
proven true, would indicate more than a minor infraction.
V. "State" means any state, commonwealth, district, or territory of the United States.
Section 3.
State Participation in this Compact
A. To participate in this Compact, a Participating State shall:
1. License PAs;
2. Participate in the Compact Commission's Data System;
3. Have a mechanism in place for receiving and investigating complaints against
Licensees and License applicants;
4. Notify the Commission, in compliance with the terms of this Compact and
Commission Rules, of any Adverse Action against a Licensee or License applicant and the
existence of Significant Investigative Information regarding a Licensee or License applicant;
5. Fully implement a Criminal Background Check requirement, within a time frame
established by Commission Rule, by its Licensing Board receiving the results of a Criminal
Background Check and reporting to the Commission whether the License applicant has been
granted a License;
6. Comply with the Rules of the Compact Commission;
7. Utilize passage of a recognized national exam such as the National Commission on
Certification of Physician Assistants Physician Assistant National Certifying Examination as a
requirement for PA licensure;
8. Grant the Compact Privilege to a holder of a Qualifying License in a Participating
State.
B. Nothing in this Compact prohibits a Participating State from charging a fee for
granting the Compact Privilege.
Section 4.
Compact Privilege
A. To exercise the Compact Privilege, a Licensee must:
1. Have graduated from a PA program accredited by the Accreditation Review
Commission on Education for the Physician Assistant, Inc., or other programs authorized by
Commission Rule;
2. Hold current National Commission on Certification of Physician Assistants
certification;
3. Have no felony or misdemeanor Conviction;
4. Have never had a controlled substance license, permit, or registration suspended or
revoked by a State or by the United States Drug Enforcement Administration;
5. Have a unique identifier as determined by Commission Rule;
6. Hold a Qualifying License;
7. Have had no revocation of a License or limitation or restriction on any License
currently held due to an Adverse Action;
8. If a Licensee has had a limitation or restriction on a License or Compact Privilege due
to an Adverse Action, two years must have elapsed from the date on which the License or
Compact Privilege is no longer limited or restricted due to the Adverse Action;
9. If a Compact Privilege has been revoked or is limited or restricted in a Participating
State for conduct that would not be a basis for disciplinary action in a Participating State in
which the Licensee is practicing or applying to practice under a Compact Privilege, that
Participating State shall have the discretion not to consider such action as an Adverse Action
requiring the denial or removal of a Compact Privilege in that State;
10. Notify the Compact Commission that the Licensee is seeking the Compact Privilege
in a Remote State;
11. Meet any Jurisprudence Requirement of a Remote State in which the Licensee is
seeking to practice under the Compact Privilege and pay any fees applicable to satisfying the
Jurisprudence Requirement;
12. Report to the Commission any Adverse Action taken by a non-Participating State
within thirty (30) days after the action is taken.
B. The Compact Privilege is valid until the expiration or revocation of the Qualifying
License unless terminated pursuant to an Adverse Action. The Licensee must also comply with
all of the requirements of Subsection A of this section to maintain the Compact Privilege in a
Remote State. If the Participating State takes Adverse Action against a Qualifying License, the
Licensee shall lose the Compact Privilege in any Remote State in which the Licensee has a
Compact Privilege until all of the following occur:
1. The License is no longer limited or restricted; and
2. Two (2) years have elapsed from the date on which the License is no longer limited or
restricted due to the Adverse Action.
C. Once a restricted or limited License satisfies the requirements of Subsections B.1 and
B.2 of this section, the Licensee must meet the requirements of Subsection A of this section to
obtain a Compact Privilege in any Remote State.
D. For each Remote State in which a PA seeks authority to prescribe controlled
substances, the PA shall satisfy all requirements imposed by such State in granting or renewing
such authority.
Section 5.
Designation of the State from Which Licensee is
Applying for a Compact Privilege
A. Upon a Licensee's application for a Compact Privilege, the Licensee shall identify to
the Commission the Participating State from which the Licensee is applying, in accordance with
applicable Rules adopted by the Commission, and subject to the following requirements:
1. When applying for a Compact Privilege, the Licensee shall provide the Commission
with the address of the Licensee's primary residence and thereafter shall immediately report to
the Commission any change in the address of the Licensee's primary residence.
2. When applying for a Compact Privilege, the Licensee is required to consent to accept
service of process by mail at the Licensee's primary residence on file with the Commission with
respect to any action brought against the Licensee by the Commission or a Participating State,
including a subpoena, with respect to any action brought or investigation conducted by the
Commission or a Participating State.
Section 6.
Adverse Actions
A. A Participating State in which a Licensee is licensed shall have exclusive power to
impose Adverse Action against the Qualifying License issued by that Participating State.
B. In addition to the other powers conferred by State law, a Remote State shall have the
authority, in accordance with existing State due process law, to do all of the following:
1. Take Adverse Action against a PA's Compact Privilege within that State to remove a
Licensee's Compact Privilege or take other action necessary under applicable law to protect the
health and safety of its citizens.
2. Issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing
Board in a Participating State for the attendance and testimony of witnesses or the production of
evidence from another Participating State shall be enforced in the latter State by any court of
competent jurisdiction, according to the practice and procedure of that court applicable to
subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness
fees, travel expenses, mileage, and other fees required by the service statutes of the State in
which the evidence or witnesses are located.
3. Notwithstanding Subsection A.2 of this section, subpoenas may not be issued by a
Participating State to gather evidence of conduct in another State that is lawful in that other State
for the purpose of taking Adverse Action against a Licensee's Compact Privilege or application
for a Compact Privilege in that Participating State.
4. Nothing in this Compact authorizes a Participating State to impose discipline against a
PA's Compact Privilege or to deny an application for a Compact Privilege in that Participating
State for the individual's otherwise lawful practice in another State.
C. For purposes of taking Adverse Action, the Participating State which issued the
Qualifying License shall give the same priority and effect to reported conduct received from any
other Participating State as it would if the conduct had occurred within the Participating State
which issued the Qualifying License. In so doing, that Participating State shall apply its own
State laws to determine appropriate action.
D. A Participating State, if otherwise permitted by State law, may recover from the
affected PA the costs of investigations and disposition of cases resulting from any Adverse
Action taken against that PA.
E. A Participating State may take Adverse Action based on the factual findings of a
Remote State, provided that the Participating State follows its own procedures for taking the
Adverse Action.
F. Joint Investigations
1. In addition to the authority granted to a Participating State by its respective State PA
laws and regulations or other applicable State law, any Participating State may participate with
other Participating States in joint investigations of Licensees.
2. Participating States shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under this Compact.
G. If an Adverse Action is taken against a PA's Qualifying License, the PA's Compact
Privilege in all Remote States shall be deactivated until two (2) years have elapsed after all
restrictions have been removed from the State License. All disciplinary orders by the
Participating State which issued the Qualifying License that impose Adverse Action against a
PA's License shall include a Statement that the PA's Compact Privilege is deactivated in all
Participating States during the pendency of the order.
H. If any Participating State takes Adverse Action, it promptly shall notify the
administrator of the Data System.
Section 7.
Establishment of the
PA Licensure Compact Commission
A. The Participating States hereby create and establish a joint government agency and
national administrative body known as the PA Licensure Compact Commission. The
Commission is an instrumentality of the Compact States acting jointly and not an instrumentality
of any one State. The Commission shall come into existence on or after the effective date of the
Compact as set forth in Section 11.A of this Compact.
B. Membership, Voting, and Meetings
1. Each Participating State shall have and be limited to one (1) delegate selected by that
Participating State's Licensing Board or, if the State has more than one Licensing Board, selected
collectively by the Participating State's Licensing Boards.
2. The delegate shall be either:
a. A current PA, physician, or public member of a Licensing Board or PA
Council/Committee; or
b. An administrator of a Licensing Board.
3. Any delegate may be removed or suspended from office as provided by the laws of
the State from which the delegate is appointed.
4. The Participating State Licensing Board shall fill any vacancy occurring in the
Commission within sixty (60) days.
5. Each delegate shall be entitled to one (1) vote on all matters voted on by the
Commission and shall otherwise have an opportunity to participate in the business and affairs of
the Commission. A delegate shall vote in person or by such other means as provided in the
bylaws. The bylaws may provide for delegates' participation in meetings by telecommunications,
video conference, or other means of communication.
6. The Commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in this Compact and the bylaws.
7. The Commission shall establish by Rule a term of office for delegates.
C. The Commission shall have the following powers and duties:
1. Establish a code of ethics for the Commission;
2. Establish the fiscal year of the Commission;
3. Establish fees;
4. Establish bylaws;
5. Maintain its financial records in accordance with the bylaws;
6. Meet and take such actions as are consistent with the provisions of this Compact and
the bylaws;
7. Promulgate Rules to facilitate and coordinate implementation and administration of
this Compact. The Rules shall have the force and effect of law and shall be binding in all
Participating States.
8. Bring and prosecute legal proceedings or actions in the name of the Commission,
provided that the standing of any State Licensing Board to sue or be sued under applicable law
shall not be affected;
9. Purchase and maintain insurance and bonds;
10. Borrow, accept, or contract for services of personnel, including, but not limited to,
employees of a Participating State;
11. Hire employees and engage contractors, elect or appoint officers, fix compensation,
define duties, grant such individuals appropriate authority to carry out the purposes of this
Compact, and establish the Commission's personnel policies and programs relating to conflicts
of interest, qualifications of personnel, and other related personnel matters;
12. Accept any and all appropriate donations and grants of money, equipment, supplies,
materials, and services, and receive, utilize, and dispose of the same; provided that at all times
the Commission shall avoid any appearance of impropriety or conflict of interest;
13. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,
improve, or use, any property, real, personal, or mixed; provided that at all times the
Commission shall avoid any appearance of impropriety;
14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property, real, personal, or mixed;
15. Establish a budget and make expenditures;
16. Borrow money;
17. Appoint committees, including standing committees composed of members, State
regulators, State legislators or their representatives, and consumer representatives, and such
other interested persons as may be designated in this Compact and the bylaws;
18. Provide and receive information from, and cooperate with, law enforcement
agencies;
19. Elect a chair, vice chair, secretary, and treasurer and such other officers of the
Commission as provided in the Commission's bylaws;
20. Reserve for itself, in addition to those reserved exclusively to the Commission under
the Compact, powers that the Executive Committee may not exercise;
21. Approve or disapprove a State's participation in the Compact based upon its
determination as to whether the State's Compact legislation departs in a material manner from
the Model Compact language;
22. Prepare and provide to the Participating States an annual report; and
23. Perform such other functions as may be necessary or appropriate to achieve the
purposes of this Compact consistent with the State regulation of PA licensure and practice.
D. Meetings of the Commission
1. All meetings of the Commission that are not closed pursuant to this Subsection D.1
shall be open to the public. Notice of public meetings shall be posted on the Commission's
website at least thirty (30) days prior to the public meeting.
2. Notwithstanding subsection D.1 of this section, the Commission may convene a
public meeting by providing at least twenty-four (24) hours prior notice on the Commission's
website, and any other means as provided in the Commission's Rules, for any of the reasons it
may dispense with notice of proposed rulemaking under Section 9.L of this Compact.
3. The Commission may convene in a closed, non-public meeting or non-public part of a
public meeting to receive legal advice or to discuss:
a. Non-compliance of a Participating State with its obligations under this Compact;
b. The employment, compensation, discipline or other enforcement matters, practices, or
procedures related to specific employees or other matters related to the Commission's internal
personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged or
confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf
of or for use of the Commission or other committee charged with responsibility of investigation
or determination of compliance issues pursuant to this Compact;
j. Legal advice; or
k. Matters specifically exempted from disclosure by federal or Participating States'
statutes.
4. If a meeting, or portion of a meeting, is closed pursuant to this Subsection D, the chair
of the meeting or the chair's designee shall certify that the meeting or portion of the meeting may
be closed and shall reference each relevant exempting provision.
5. The Commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions taken, including
a description of the views expressed. All documents considered in connection with an action
shall be identified in such minutes. All minutes and documents of a closed meeting shall remain
under seal, subject to release by a majority vote of the Commission or order of a court of
competent jurisdiction.
E. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each
Participating State and may impose Compact Privilege fees on Licensees of Participating States
to whom a Compact Privilege is granted to cover the cost of the operations and activities of the
Commission and its staff, which must be in a total amount sufficient to cover its annual budget
as approved by the Commission each year for which revenue is not provided by other sources.
The aggregate annual assessment amount levied on Participating States shall be allocated based
upon a formula to be determined by Commission Rule.
a. A Compact Privilege expires when the Licensee's Qualifying License in the
Participating State from which the Licensee applied for the Compact Privilege expires.
b. If the Licensee terminates the Qualifying License through which the Licensee applied
for the Compact Privilege before its scheduled expiration, and the Licensee has a Qualifying
License in another Participating State, the Licensee shall inform the Commission that the
Licensee is changing to that Participating State the Participating State through which it applies
for a Compact Privilege and pay to the Commission any Compact Privilege fee required by
Commission Rule.
4. The Commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the Commission pledge the credit of any of the
Participating States, except by and with the authority of the Participating State.
5. The Commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the Commission shall be subject to the financial review and
accounting procedures established under its bylaws. All receipts and disbursements of funds
handled by the Commission shall be subject to an annual financial review by a certified or
licensed public accountant, and the report of the financial review shall be included in and
become part of the annual report of the Commission.
F. The Executive Committee
1. The Executive Committee shall have the power to act on behalf of the Commission
according to the terms of this Compact and Commission Rules.
2. The Executive Committee shall be composed of nine (9) members:
a. Seven (7) voting members who are elected by the Commission from the current
membership of the Commission;
b. One (1) ex officio, nonvoting member from a recognized national PA professional
association; and
c. One (1) ex officio, nonvoting member from a recognized national PA certification
organization.
3. The ex officio members will be selected by their respective organizations.
4. The Commission may remove any member of the Executive Committee as provided
in its bylaws.
5. The Executive Committee shall meet at least annually.
6. The Executive Committee shall have the following duties and responsibilities:
a. Recommend to the Commission changes to the Commission's Rules or bylaws,
changes to this Compact legislation, fees to be paid by Compact Participating States such as
annual dues, and any Commission Compact fee charged to Licensees for the Compact Privilege;
b. Ensure Compact administration services are appropriately provided, contractual or
otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of Participating States and provide compliance reports
to the Commission;
f. Establish additional committees as necessary;
g. Exercise the powers and duties of the Commission during the interim between
Commission meetings, except for issuing proposed rulemaking or adopting Commission Rules
or bylaws, or exercising any other powers and duties exclusively reserved to the Commission by
the Commission's Rules; and
h. Perform other duties as provided in the Commission's Rules or bylaws.
7. All meetings of the Executive Committee at which it votes or plans to vote on matters
in exercising the powers and duties of the Commission shall be open to the public, and public
notice of such meetings shall be given as public meetings of the Commission are given.
8. The Executive Committee may convene in a closed, non-public meeting for the same
reasons that the Commission may convene in a non-public meeting as set forth in Subsection D.3
of this Section and shall announce the closed meeting as the Commission is required to under
Subsection D.4 of this Section and keep minutes of the closed meeting as the Commission is
required to under Subsection D.5 of this Section.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees, and representatives of the
Commission shall be immune from suit and liability, both personally and in their official
capacity, for any claim for damage to or loss of property or personal injury or other civil liability
caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within the
scope of Commission employment, duties, or responsibilities; provided that nothing herein shall
be construed to protect any such person from suit or liability for any damage, loss, injury, or
liability caused by the intentional or willful or wanton misconduct of that person. The
procurement of insurance of any type by the Commission shall not in any way compromise or
limit the immunity granted hereunder.
2. The Commission shall defend any member, officer, executive director, employee, and
representative of the Commission in any civil action seeking to impose liability arising out of
any actual or alleged act, error, or omission that occurred within the scope of Commission
employment, duties, or responsibilities, or as determined by the commission that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining their own counsel at their own expense; and
provided further, that the actual or alleged act, error, or omission did not result from that person's
intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer, executive
director, employee, and representative of the Commission for the amount of any settlement or
judgment obtained against that person arising out of any actual or alleged act, error, or omission
that occurred within the scope of Commission employment, duties, or responsibilities, or that
such person had a reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission
did not result from the intentional or willful or wanton misconduct of that person.
4. Venue is proper and judicial proceedings by or against the Commission shall be
brought solely and exclusively in a court of competent jurisdiction where the principal office of
the Commission is located. The Commission may waive venue and jurisdictional defenses in any
proceedings as authorized by Commission Rules.
5. Nothing herein shall be construed as a limitation on the liability of any Licensee for
professional malpractice or misconduct, which shall be governed solely by any other applicable
State laws.
6. Nothing herein shall be construed to designate the venue or jurisdiction to bring
actions for alleged acts of malpractice, professional misconduct, negligence, or other such civil
action pertaining to the practice of a PA. All such matters shall be determined exclusively by
State law other than this Compact.
7. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a
Participating State's state action immunity or state action affirmative defense with respect to
antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or
anticompetitive law or regulation.
8. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by
the Participating States or by the Commission.
Section 8.
Data System
A. The Commission shall provide for the development, maintenance, operation, and
utilization of a coordinated data and reporting system containing licensure information, Adverse
Action information, and the reporting of the existence of Significant Investigative Information
on all licensed PAs and applicants denied a License in Participating States.
B. Notwithstanding any other State law to the contrary, a Participating State shall submit
a uniform data set to the Data System on all PAs to whom this Compact is applicable (utilizing a
unique identifier) as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a License or Compact Privilege;
4. Any denial of application for licensure, and the reason(s) for such denial (excluding
the reporting of any criminal history record information where prohibited by law);
5. The existence of Significant Investigative Information; and
6. Other information that may facilitate the administration of this Compact, as
determined by the Rules of the Commission.
C. Significant Investigative Information pertaining to a Licensee in any Participating
State shall only be available to other Participating States.
D. The Commission shall promptly notify all Participating States of any Adverse Action
taken against a Licensee or an individual applying for a License that has been reported to it. This
Adverse Action information shall be available to any other Participating State.
E. Participating States contributing information to the Data System may, in accordance
with State or federal law, designate information that may not be shared with the public without
the express permission of the contributing State. Notwithstanding any such designation, such
information shall be reported to the Commission through the Data System.
F. Any information submitted to the Data System that is subsequently expunged
pursuant to federal law or the laws of the Participating State contributing the information shall be
removed from the Data System upon reporting of such by the Participating State to the
Commission.
G. The records and information provided to a Participating State pursuant to this
Compact or through the Data System, when certified by the Commission or an agent thereof,
shall constitute the authenticated business records of the Commission, and shall be entitled to
any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative
proceedings in a Participating State.
Section 9.
Rulemaking
A. The Commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this Section and the Rules adopted thereunder. Commission Rules shall become binding
as of the date specified by the Commission for each Rule.
B. The Commission shall promulgate reasonable Rules in order to effectively and
efficiently implement and administer this Compact and achieve its purposes. A Commission
Rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds
that the Rule is invalid because the Commission exercised its rulemaking authority in a manner
that is beyond the scope of the purposes of this Compact, or the powers granted hereunder, or
based upon another applicable standard of review.
C. The Rules of the Commission shall have the force of law in each Participating State,
provided however that where the Rules of the Commission conflict with the laws of the
Participating State that establish the Medical Services a PA may perform in the Participating
State, as held by a court of competent jurisdiction, the Rules of the Commission shall be
ineffective in that State to the extent of the conflict.
D. If a majority of the legislatures of the Participating States rejects a Commission Rule,
by enactment of a statute or resolution in the same manner used to adopt this Compact within
four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and
effect in any Participating State or to any State applying to participate in the Compact.
E. Commission Rules shall be adopted at a regular or special meeting of the
Commission.
F. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and
at least thirty (30) days in advance of the meeting at which the Rule will be considered and voted
upon, the Commission shall file a notice of proposed rulemaking:
1. On the website of the Commission or other publicly accessible platform;
2. To persons who have requested the Commission's notices of proposed rulemaking;
and
3. In such other way(s) as the Commission may by Rule specify.
G. The notice of proposed rulemaking shall include:
1. The time, date, and location of the public hearing on the proposed Rule and the
proposed time, date, and location of the meeting in which the proposed Rule will be considered
and voted upon;
2. The text of the proposed Rule and the reason for the proposed Rule;
3. A request for comments on the proposed Rule from any interested person and the date
by which written comments must be received; and
4. The manner in which interested persons may submit notice to the Commission of their
intention to attend the public hearing or provide any written comments.
H. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the public.
I. If the hearing is to be held via electronic means, the Commission shall publish the
mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall as directed in the notice of
proposed rulemaking, not less than five (5) business days before the scheduled date of the
hearing, notify the Commission of their desire to appear and testify at the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings shall be recorded. A copy of the recording and the written comments,
data, facts, opinions, and arguments received in response to the proposed rulemaking shall be
made available to a person upon request.
4. Nothing in this section shall be construed as requiring a separate hearing on each
proposed Rule. Proposed Rules may be grouped for the convenience of the Commission at
hearings required by this section.
J. Following the public hearing the Commission shall consider all written and oral
comments timely received.
K. The Commission shall, by majority vote of all delegates, take final action on the
proposed Rule and shall determine the effective date of the Rule, if adopted, based on the
rulemaking record and the full text of the Rule.
1. If adopted, the Rule shall be posted on the Commission's website.
2. The Commission may adopt changes to the proposed Rule provided the changes do
not enlarge the original purpose of the proposed Rule.
3. The Commission shall provide on its website an explanation of the reasons for
substantive changes made to the proposed Rule as well as reasons for substantive changes not
made that were recommended by commenters.
4. The Commission shall determine a reasonable effective date for the Rule. Except for
an emergency as provided in Subsection L of this section, the effective date of the Rule shall be
no sooner than thirty (30) days after the Commission issued the notice that it adopted the Rule.
L. Upon determination that an emergency exists, the Commission may consider and
adopt an emergency Rule with twenty-four (24) hours prior notice, without the opportunity for
comment or hearing, provided that the usual rulemaking procedures provided in this Compact
and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in no
event later than ninety (90) days after the effective date of the Rule. For the purposes of this
Subsection L, an emergency Rule is one that must be adopted immediately by the Commission
in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or Participating State funds;
3. Meet a deadline for the promulgation of a Commission Rule that is established by
federal law or Rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the Commission may direct
revisions to a previously adopted Commission Rule for purposes of correcting typographical
errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
revisions shall be posted on the website of the Commission. The revision shall be subject to
challenge by any person for a period of thirty (30) days after posting. The revision may be
challenged only on grounds that the revision results in a material change to a Rule. A challenge
shall be made as set forth in the notice of revisions and delivered to the Commission prior to the
end of the notice period. If no challenge is made, the revision will take effect without further
action. If the revision is challenged, the revision may not take effect without the approval of the
Commission.
N. No Participating State's rulemaking requirements shall apply under this Compact.
Section 10.
Oversight, Dispute Resolution, and Enforcement
A. Oversight
1. The executive and judicial branches of State government in each Participating State
shall enforce this Compact and take all actions necessary and appropriate to implement the
Compact.
2. Venue is proper and judicial proceedings by or against the Commission shall be
brought solely and exclusively in a court of competent jurisdiction where the principal office of
the Commission is located. The Commission may waive venue and jurisdictional defenses to the
extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing
herein shall affect or limit the selection or propriety of venue in any action against a licensee for
professional malpractice, misconduct, or any such similar matter.
3. The Commission shall be entitled to receive service of process in any proceeding
regarding the enforcement or interpretation of the Compact or the Commission's Rules and shall
have standing to intervene in such a proceeding for all purposes. Failure to provide the
Commission with service of process shall render a judgment or order in such proceeding void as
to the Commission, this Compact, or Commission Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Participating State has defaulted in the
performance of its obligations or responsibilities under this Compact or the Commission Rules,
the Commission shall provide written notice to the defaulting State and other Participating
States. The notice shall describe the default, the proposed means of curing the default, and any
other action that the Commission may take and shall offer remedial training and specific
technical assistance regarding the default.
2. If a State in default fails to cure the default, the defaulting State may be terminated
from this Compact upon an affirmative vote of a majority of the delegates of the Participating
States, and all rights, privileges, and benefits conferred by this Compact upon such State may be
terminated on the effective date of termination. A cure of the default does not relieve the
offending State of obligations or liabilities incurred during the period of default.
3. Termination of participation in this Compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend or terminate
shall be given by the Commission to the governor, the majority and minority leaders of the
defaulting State's legislature, and the Licensing Board(s) of each of the Participating States.
4. A State that has been terminated is responsible for all assessments, obligations, and
liabilities incurred through the effective date of termination, including obligations that extend
beyond the effective date of termination.
5. The Commission shall not bear any costs related to a State that is found to be in
default or that has been terminated from this Compact, unless agreed upon in writing between
the Commission and the defaulting State.
6. The defaulting State may appeal its termination from the Compact by the Commission
by petitioning the United States District Court for the District of Columbia or the federal district
where the Commission has its principal offices. The prevailing party shall be awarded all costs
of such litigation, including reasonable attorney's fees.
7. Upon the termination of a State's participation in the Compact, the State shall
immediately provide notice to all Licensees within that State of such termination:
a. Licensees who have been granted a Compact Privilege in that State shall retain the
Compact Privilege for one hundred eighty (180) days following the effective date of such
termination.
b. Licensees who are licensed in that State who have been granted a Compact Privilege
in a Participating State shall retain the Compact Privilege for one hundred eighty (180) days
unless the Licensee also has a Qualifying License in a Participating State or obtains a Qualifying
License in a Participating State before the one hundred eighty (180)-day period ends, in which
case the Compact Privilege shall continue.
C. Dispute Resolution
1. Upon request by a Participating State, the Commission shall attempt to resolve
disputes related to this Compact that arise among Participating States and between participating
and non-Participating States.
2. The Commission shall promulgate a Rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce the
provisions of this Compact and Rules of the Commission.
2. If compliance is not secured after all means to secure compliance have been
exhausted, by majority vote, the Commission may initiate legal action in the United States
District Court for the District of Columbia or the federal district where the Commission has its
principal offices, against a Participating State in default to enforce compliance with the
provisions of this Compact and the Commission's promulgated Rules and bylaws. The relief
sought may include both injunctive relief and damages. In the event judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable
attorney's fees.
3. The remedies herein shall not be the exclusive remedies of the Commission. The
Commission may pursue any other remedies available under federal or State law.
E. Legal Action Against the Commission
1. A Participating State may initiate legal action against the Commission in the United
States District Court for the District of Columbia or the federal district where the Commission
has its principal offices to enforce compliance with the provisions of the Compact and its Rules.
The relief sought may include both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be awarded all costs of such litigation,
including reasonable attorney's fees.
2. No person other than a Participating State shall enforce this Compact against the
Commission.
Section 11.
Date of Implementation of the
PA Licensure Compact Commission
A. This Compact shall come into effect on the date on which this Compact statute is
enacted into law in the seventh Participating State.
1. On or after the effective date of this Compact, the Commission shall convene and
review the enactment of each of the States that enacted this Compact prior to the Commission
convening ("Charter Participating States") to determine if the statute enacted by each such
Charter Participating State is materially different than the Model Compact.
a. A Charter Participating State whose enactment is found to be materially different from
the Model Compact shall be entitled to the default process set forth in Section 10.B of this
Compact.
b. If any Participating State later withdraws from the Compact or its participation is
terminated, the Commission shall remain in existence and the Compact shall remain in effect
even if the number of Participating States should be less than seven. Participating States enacting
the Compact subsequent to the Commission convening shall be subject to the process set forth in
Section 7.C.21 of this Compact to determine if their enactments are materially different from the
Model Compact and whether they qualify for participation in the Compact.
2. Participating States enacting this Compact subsequent to the seven initial Charter
Participating States shall be subject to the process set forth in Section 7.C.21 of this Compact to
determine if their enactments are materially different from the Model Compact and whether they
qualify for participation in the Compact.
3. All actions taken for the benefit of the Commission or in furtherance of the purposes
of the administration of this Compact prior to the effective date of this Compact or the
Commission coming into existence shall be considered to be actions of the Commission unless
specifically repudiated by the Commission.
B. Any State that joins this Compact shall be subject to the Commission's Rules and
bylaws as they exist on the date on which this Compact becomes law in that State. Any Rule that
has been previously adopted by the Commission shall have the full force and effect of law on the
day this Compact becomes law in that State.
C. Any Participating State may withdraw from this Compact by enacting a statute
repealing the same.
1. A Participating State's withdrawal shall not take effect until one hundred eighty (180)
days after enactment of the repealing statute. During this one hundred eighty (180)-day period,
all Compact Privileges that were in effect in the withdrawing State and were granted to
Licensees licensed in the withdrawing State shall remain in effect. If any Licensee licensed in
the withdrawing State is also licensed in another Participating State or obtains a license in
another Participating State within the one hundred eighty (180) days, the Licensee's Compact
Privileges in other Participating States shall not be affected by the passage of the one hundred
eighty (180) days.
2. Withdrawal shall not affect the continuing requirement of the State Licensing
Board(s) of the withdrawing State to comply with the investigative and Adverse Action reporting
requirements of this Compact prior to the effective date of withdrawal.
3. Upon the enactment of a statute withdrawing a State from this Compact, the State
shall immediately provide notice of such withdrawal to all Licensees within that State. Such
withdrawing State shall continue to recognize all licenses granted pursuant to this Compact for a
minimum of one hundred eighty (180) days after the date of such notice of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or prevent any PA
licensure agreement or other cooperative arrangement between Participating States and between
a Participating State and non-Participating State that does not conflict with the provisions of this
Compact.
E. This Compact may be amended by the Participating States. No amendment to this
Compact shall become effective and binding upon any Participating State until it is enacted
materially in the same manner into the laws of all Participating States as determined by the
Commission.
Section 12.
Construction and Severability
A. This Compact and the Commission's rulemaking authority shall be liberally construed
so as to effectuate the purposes, and the implementation and administration of this Compact.
Provisions of this Compact expressly authorizing or requiring the promulgation of Rules shall
not be construed to limit the Commission's rulemaking authority solely for those purposes.
B. The provisions of this Compact shall be severable and if any phrase, clause, sentence,
or provision of this Compact is held by a court of competent jurisdiction to be contrary to the
constitution of any Participating State, a State seeking participation in this Compact, or of the
United States, or the applicability thereof to any government, agency, person, or circumstance is
held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of
this Compact and the applicability thereof to any other government, agency, person, or
circumstance shall not be affected thereby.
C. Notwithstanding subsection B of this section, the Commission may deny a State's
participation in the Compact or, in accordance with the requirements of Section 10.B of this
Compact, terminate a Participating State's participation in the Compact, if it determines that a
constitutional requirement of a Participating State is, or would be with respect to a State seeking
to participate in this Compact, a material departure from the Compact. Otherwise, if this
Compact shall be held to be contrary to the constitution of any Participating State, this Compact
shall remain in full force and effect as to the remaining Participating States and in full force and
effect as to the Participating State affected as to all severable matters.
Section 13.
Binding Effect of Compact
A. Nothing herein prevents the enforcement of any other law of a Participating State that
is not inconsistent with this Compact.
B. Any laws in a Participating State in conflict with this Compact are superseded to the
extent of the conflict.
C. All agreements between the Commission and the Participating States are binding in
accordance with their terms.‹ Prev All Colorado sections Next ›
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