SCS HB 110(L&C): "An Act relating to the rural health transformation program; relating to audiologist licensure; relating to speech-language pathologist licensure; relating to the interstate medical licensure compact; relating to the PA licensure compact; relating to occupational therapists and occupational therapy assistants; relating to physical therapy licensure; relating to the practice of physical therapy; relating to physical therapist assistant licensure; relating to the practice of occupational therapy; relating to the psychology interjurisdictional compact; relating to the practice of respiratory care; relating to the duties of the Department of Commerce, Community, and Economic Development; relating to telehealth provided by respiratory care practitioners; relating to a social work licensure compact; relating to the practice of social work; relating to medical malpractice liability of respiratory care practitioners; relating to immunity from civil liability for a respiratory care practitioner providing free health care services; relating to national criminal history record checks; relating to respiratory care practitioners providing documentation and treatment plans for public school students with asthma or anaphylaxis; relating to the recognition of EMS personnel licensure interstate compact; prohibiting unfair discrimination under group health insurance against respiratory care practitioners; establishing the Rural Health Transformation Program Advisory Council; and providing for an effective date."
00 SENATE CS FOR HOUSE BILL NO. 110(L&C) 01 "An Act relating to the rural health transformation program; relating to audiologist 02 licensure; relating to speech-language pathologist licensure; relating to the interstate 03 medical licensure compact; relating to the PA licensure compact; relating to 04 occupational therapists and occupational therapy assistants; relating to physical therapy 05 licensure; relating to the practice of physical therapy; relating to physical therapist 06 assistant licensure; relating to the practice of occupational therapy; relating to the 07 psychology interjurisdictional compact; relating to the practice of respiratory care; 08 relating to the duties of the Department of Commerce, Community, and Economic 09 Development; relating to telehealth provided by respiratory care practitioners; relating 10 to a social work licensure compact; relating to the practice of social work; relating to 11 medical malpractice liability of respiratory care practitioners; relating to immunity 12 from civil liability for a respiratory care practitioner providing free health care services;
01 relating to national criminal history record checks; relating to respiratory care 02 practitioners providing documentation and treatment plans for public school students 03 with asthma or anaphylaxis; relating to the recognition of EMS personnel licensure 04 interstate compact; prohibiting unfair discrimination under group health insurance 05 against respiratory care practitioners; establishing the Rural Health Transformation 06 Program Advisory Council; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 08.01.010 is amended by adding a new paragraph to read: 09 (42) regulation of respiratory care practitioners under AS 08.90. 10 * Sec. 2. AS 08.02.110(a) is amended to read: 11 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech- 12 language pathologist licensed under AS 08.11, a behavior analyst licensed under 13 AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a 14 professional or associate counselor licensed under AS 08.29, a dentist under AS 08.36, 15 a dietitian or nutritionist licensed under AS 08.38, a massage therapist licensed under 16 AS 08.61, a marital and family therapist licensed under AS 08.63, a medical 17 practitioner or osteopath under AS 08.64, a direct-entry midwife certified under 18 AS 08.65, a registered or advanced practice registered nurse under AS 08.68, an 19 optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a physical 20 therapist or occupational therapist licensed under AS 08.84, a psychologist under 21 AS 08.86, a respiratory care practitioner licensed under AS 08.90, or a clinical 22 social worker licensed under AS 08.95, shall use as professional identification 23 appropriate letters or a title after that person's name that represents the person's 24 specific field of practice. The letters or title shall appear on all signs, stationery, or 25 other advertising in which the person offers or displays personal professional services 26 to the public. In addition, a person engaged in the practice of medicine or osteopathy 27 as defined in AS 08.64.380, or a person engaged in any manner in the healing arts who 28 diagnoses, treats, tests, or counsels other persons in relation to human health or disease 29 and uses the letters "M.D." or the title "doctor" or "physician" or another title that
01 tends to show that the person is willing or qualified to diagnose, treat, test, or counsel 02 another person, shall clarify the letters or title by adding the appropriate specialist 03 designation, if any, such as "dermatologist," "radiologist," "audiologist," "naturopath," 04 or the like. 05 * Sec. 3. AS 08.02.130(j)(1) is amended to read: 06 (1) "health care provider" means 07 (A) an audiologist or speech-language pathologist licensed 08 under AS 08.11; a behavior analyst licensed under AS 08.15; a chiropractor 09 licensed under AS 08.20; a professional or associate counselor licensed under 10 AS 08.29; a dental hygienist licensed under AS 08.32; a dentist licensed under 11 AS 08.36; a dietitian or nutritionist licensed under AS 08.38; a naturopath 12 licensed under AS 08.45; a marital and family therapist licensed under 13 AS 08.63; a physician licensed under AS 08.64; a podiatrist, osteopath, or 14 physician assistant licensed under AS 08.64; a direct-entry midwife certified 15 under AS 08.65; a nurse licensed under AS 08.68; a dispensing optician 16 licensed under AS 08.71; an optometrist licensed under AS 08.72; a pharmacist 17 licensed under AS 08.80; a physical therapist or occupational therapist licensed 18 under AS 08.84; a psychologist or psychological associate licensed under 19 AS 08.86; a respiratory care practitioner licensed under AS 08.90 and 20 authorized under AS 08.90.060(a)(4)(H); or a social worker licensed under 21 AS 08.95; 22 (B) a physician licensed in another state; or 23 (C) a member of a multidisciplinary care team who is licensed 24 in another state; 25 * Sec. 4. AS 08.11 is amended by adding a new section to read: 26 Sec. 08.11.310. Compact privilege applications. A licensee applying for a 27 compact privilege under AS 08.11.300 shall submit, along with the application, the 28 applicant's fingerprints and the fees required by the Department of Public Safety under 29 AS 12.62.160 for criminal justice information and a national criminal history record 30 check. The board shall forward the fingerprints and fees to the Department of Public 31 Safety to obtain a report of criminal justice information under AS 12.62 and a national
01 criminal history record check under AS 12.62.400. Criminal justice information and 02 criminal history record information obtained under this section may only be used by 03 the department for the purpose of determining an applicant's qualifications and fitness 04 for the compact privilege. 05 * Sec. 5. AS 08.64.101(a) is amended to read: 06 (a) The board shall 07 (1) except as provided in regulations adopted by the board under (b) of 08 this section, examine and issue licenses to applicants; 09 (2) develop written guidelines to ensure that licensing requirements are 10 not unreasonably burdensome and the issuance of licenses is not unreasonably 11 withheld or delayed; 12 (3) after a hearing, impose disciplinary sanctions on persons who 13 violate this chapter or the regulations or orders of the board; 14 (4) adopt regulations ensuring that renewal of licenses is contingent on 15 proof of continued competency on the part of the licensee; 16 (5) under regulations adopted by the board, contract with private 17 professional organizations to establish an impaired medical professionals program to 18 identify, confront, evaluate, and treat persons licensed under this chapter who abuse 19 alcohol, other drugs, or other substances or are mentally ill or cognitively impaired; 20 (6) adopt regulations that establish guidelines for a physician or 21 physician assistant who is rendering a diagnosis, providing treatment, or prescribing, 22 dispensing, or administering a prescription drug to a person without conducting a 23 physical examination under AS 08.64.364; the guidelines must include a nationally 24 recognized model policy for standards of care of a patient who is at a different location 25 than the physician or physician assistant; 26 (7) require that a licensee who has a federal Drug Enforcement 27 Administration registration number register with the controlled substance prescription 28 database under AS 17.30.200(n); and 29 (8) implement the Interstate Medical Licensure Compact under 30 AS 08.64.253 and the PA Licensure Compact under AS 08.64.254. 31 * Sec. 6. AS 08.64.190 is amended by adding a new subsection to read:
01 (b) An applicant applying for an expedited license as a physician or osteopath 02 under AS 08.64.253 or a license as a physician assistant under AS 08.64.107 shall 03 submit, along with the application, the applicant's fingerprints and the fees required by 04 the Department of Public Safety under AS 12.62.160 for criminal justice information 05 and a national criminal history record check. The board shall forward the fingerprints 06 and fees to the Department of Public Safety to obtain a report of criminal justice 07 information under AS 12.62 and a national criminal history record check under 08 AS 12.62.400. Criminal justice information and criminal history record information 09 obtained under this subsection may only be used by the board for the purpose of 10 determining an applicant's qualifications and fitness for a license, expedited license, or 11 compact privilege under this chapter. 12 * Sec. 7. AS 08.64 is amended by adding new sections to read: 13 Sec. 08.64.253. Interstate Medical Licensure Compact. The Interstate 14 Medical Licensure Compact as contained in this section is enacted into law and 15 entered into on behalf of the state with all other states and jurisdictions legally joining 16 it in a form substantially as follows: 17 SECTION 1. PURPOSE. 18 In order to strengthen access to health care, and in recognition of the advances 19 in the delivery of health care, the member states of the Interstate Medical Licensure 20 Compact have allied in common purpose to develop a comprehensive process that 21 complements the existing licensing and regulatory authority of state medical boards, 22 provides a streamlined process that allows physicians to become licensed in multiple 23 states, thereby enhancing the portability of a medical license and ensuring the safety of 24 patients. The Compact creates another pathway for licensure and does not otherwise 25 change a state's existing Medical Practice Act. The Compact also adopts the prevailing 26 standard for licensure and affirms that the practice of medicine occurs where the 27 patient is located at the time of the physician-patient encounter, and therefore, requires 28 the physician to be under the jurisdiction of the state medical board where the patient 29 is located. State medical boards that participate in the Compact retain the jurisdiction 30 to impose an adverse action against a license to practice medicine in that state issued 31 to a physician through the procedures in the Compact.
01 SECTION 2. DEFINITIONS. 02 In this compact, 03 (a) "Bylaws" means those bylaws established by the Interstate Commission 04 pursuant to Section 11. 05 (b) "Commissioner" means the voting representative appointed by each 06 member board pursuant to Section 11. 07 (c) "Conviction" means a finding by a court that an individual is guilty of a 08 criminal offense through adjudication, or entry of a plea of guilt or no contest to the 09 charge by the offender. Evidence of an entry of a conviction of a criminal offense by 10 the court shall be considered final for purposes of disciplinary action by a member 11 board. 12 (d) "Expedited License" means a full and unrestricted medical license granted 13 by a member state to an eligible physician through the process set forth in the 14 Compact. 15 (e) "Interstate Commission" means the interstate commission created pursuant 16 to Section 11. 17 (f) "License" means authorization by a member state for a physician to engage 18 in the practice of medicine, which would be unlawful without authorization. 19 (g) "Medical Practice Act" means laws and regulations governing the practice 20 of allopathic and osteopathic medicine within a member state. 21 (h) "Member Board" means a state agency in a member state that acts in the 22 sovereign interests of the state by protecting the public through licensure, regulation, 23 and education of physicians as directed by the state government. 24 (i) "Member State" means a state that has enacted the Compact. 25 (j) "Physician" means any person who 26 (1) is a graduate of a medical school accredited by the Liaison 27 Committee on Medical Education, the Commission on Osteopathic College 28 Accreditation, or a medical school listed in the International Medical Education 29 Directory or its equivalent; 30 (2) passed each component of the United States Medical Licensing 31 Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing
01 Examination (COMLEX-USA) within three attempts, or any of its predecessor 02 examinations accepted by a state medical board as an equivalent examination for 03 licensure purposes; 04 (3) successfully completed graduate medical education approved by 05 the Accreditation Council for Graduate Medical Education or the American 06 Osteopathic Association; 07 (4) holds specialty certification or a time-unlimited specialty certificate 08 recognized by the American Board of Medical Specialties or the American 09 Osteopathic Association's Bureau of Osteopathic Specialists; 10 (5) possesses a full and unrestricted license to engage in the practice of 11 medicine issued by a member board; 12 (6) has never been convicted, received adjudication, deferred 13 adjudication, community supervision, or deferred disposition for any offense by a 14 court of appropriate jurisdiction; 15 (7) has never held a license authorizing the practice of medicine 16 subjected to discipline by a licensing agency in any state, federal, or foreign 17 jurisdiction, excluding any action related to non-payment of fees related to a license; 18 (8) has never had a controlled substance license or permit suspended or 19 revoked by a state or the United States Drug Enforcement Administration; and 20 (9) is not under active investigation by a licensing agency or law 21 enforcement authority in any state, federal, or foreign jurisdiction. 22 (k) "Practice of Medicine" means that clinical prevention, diagnosis, or 23 treatment of human disease, injury, or condition requiring a physician to obtain and 24 maintain a license in compliance with the Medical Practice Act of a member state. 25 (l) "Offense" means a felony, gross misdemeanor, or crime of moral turpitude. 26 (m) "Rule" means a written statement by the Interstate Commission 27 promulgated pursuant to Section 12 of the Compact that is of general applicability, 28 implements, interprets, or prescribes a policy or provision of the Compact, or an 29 organizational, procedural, or practice requirement of the Interstate Commission, and 30 has the force and effect of statutory law in a member state, and includes the 31 amendment, repeal, or suspension of an existing rule.
01 (n) "State" means any state, commonwealth, district, or territory of the United 02 States. 03 (o) "State of Principal License" means a member state where a physician holds 04 a license to practice medicine and which has been designated as such by the physician 05 for purposes of registration and participation in the Compact. 06 SECTION 3. ELIGIBILITY. 07 (a) A physician must meet the eligibility requirements as defined in Section 08 2(j) to receive an expedited license under the terms and provisions of the Compact. 09 (b) A physician who does not meet the requirements of Section 2(j) may 10 obtain a license to practice medicine in a member state if the individual complies with 11 all laws and requirements, other than the Compact, relating to the issuance of a license 12 to practice medicine in that state. 13 SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE. 14 (a) A physician shall designate a member state as the state of principal license 15 for purposes of registration for expedited licensure through the Compact if the 16 physician possesses a full and unrestricted license to practice medicine in that state, 17 and the state is 18 (1) The state of principal residence for the physician; 19 (2) The state where at least 25 percent of the practice of medicine 20 occurs; 21 (3) The location of the physician's employer; or 22 (4) If no state qualifies under subsection (1), subsection (2), or 23 subsection (3), the state designated as state of residence for purpose of federal income 24 tax. 25 (b) A physician may redesignate a member state as state of principal license at 26 any time, as long as the state meets the requirements of subsection (a). 27 (c) The Interstate Commission is authorized to develop rules to facilitate 28 redesignation of another member state as the state of principal license. 29 SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE. 30 (a) A physician seeking licensure through the Compact shall file an 31 application for an expedited license with the member board of the state selected by the
01 physician as the state of principal license. 02 (b) Upon receipt of an application for an expedited license, the member board 03 within the state selected as the state of principal license shall evaluate whether the 04 physician is eligible for expedited licensure and issue a letter of qualification, 05 verifying or denying the physician's eligibility, to the Interstate Commission. 06 (1) Static qualifications, which include verification of medical 07 education, graduate medical education, results of any medical or licensing 08 examination, and other qualifications as determined by the Interstate Commission 09 through rule, shall not be subject to additional primary source verification where 10 already primary source verified by the state of principal license. 11 (2) The member board within the state selected as the state of principal 12 license shall, in the course of verifying eligibility, perform a criminal background 13 check of an applicant, including the use of the results of fingerprint or other biometric 14 data checks compliant with the requirements of the Federal Bureau of Investigation, 15 with the exception of federal employees who have suitability determination in 16 accordance with 5 C.F.R. 731.202. 17 (3) Appeal on the determination of eligibility shall be made to the 18 member state where the application was filed and shall be subject to the law of that 19 state. 20 (c) Upon verification in subsection (b), physicians eligible for an expedited 21 license shall complete the registration process established by the Interstate 22 Commission to receive a license in a member state selected pursuant to subsection (a), 23 including the payment of any applicable fees. 24 (d) After receiving verification of eligibility under subsection (b) and any fees 25 under subsection (c), a member board shall issue an expedited license to the physician. 26 This license shall authorize the physician to practice medicine in the issuing state 27 consistent with the Medical Practice Act and all applicable laws and regulations of the 28 issuing member board and member state. 29 (e) An expedited license shall be valid for a period consistent with the 30 licensure period in the member state and in the same manner as required for other 31 physicians holding a full and unrestricted license within the member state.
01 (f) An expedited license obtained through the Compact shall be terminated if a 02 physician fails to maintain a license in the state of principal licensure for a non- 03 disciplinary reason, without redesignation of a new state of principal licensure. 04 (g) The Interstate Commission is authorized to develop rules regarding the 05 application process, including payment of any applicable fees, and the issuance of an 06 expedited license. 07 SECTION 6. FEES FOR EXPEDITED LICENSURE. 08 (a) A member state issuing an expedited license authorizing the practice of 09 medicine in that state may impose a fee for a license issued or renewed through the 10 Compact. 11 (b) The Interstate Commission is authorized to develop rules regarding fees 12 for expedited licenses. 13 SECTION 7. RENEWAL AND CONTINUED PARTICIPATION. 14 (a) A physician seeking to renew an expedited license granted in a member 15 state shall complete a renewal process with the Interstate Commission if the physician 16 (1) Maintains a full and unrestricted license in a state of principal 17 license; 18 (2) Has not been convicted, received adjudication, deferred 19 adjudication, community supervision, or deferred disposition for any offense by a 20 court of appropriate jurisdiction; 21 (3) Has not had a license authorizing the practice of medicine subject 22 to discipline by a licensing agency in any state, federal, or foreign jurisdiction, 23 excluding any action related to non-payment of fees related to a license; and 24 (4) Has not had a controlled substance license or permit suspended or 25 revoked by a state or the United States Drug Enforcement Administration. 26 (b) Physicians shall comply with all continuing professional development or 27 continuing medical education requirements for renewal of a license issued by a 28 member state. 29 (c) The Interstate Commission shall collect any renewal fees charged for the 30 renewal of a license and distribute the fees to the applicable member board. 31 (d) Upon receipt of any renewal fees collected in subsection (c), a member
01 board shall renew the physician's license. 02 (e) Physician information collected by the Interstate Commission during the 03 renewal process will be distributed to all member boards. 04 (f) The Interstate Commission is authorized to develop rules to address 05 renewal of licenses obtained through the Compact. 06 SECTION 8. COORDINATED INFORMATION SYSTEM. 07 (a) The Interstate Commission shall establish a database of all physicians 08 licensed, or who have applied for licensure, under Section 5. 09 (b) Notwithstanding any other provision of law, member boards shall report to 10 the Interstate Commission any public action or complaints against a licensed physician 11 who has applied or received an expedited license through the Compact. 12 (c) Member boards shall report disciplinary or investigatory information 13 determined as necessary and proper by rule of the Interstate Commission. 14 (d) Member boards may report any non-public complaint, disciplinary, or 15 investigatory information not required by subsection (c) to the Interstate Commission. 16 (e) Member boards shall share complaint or disciplinary information about a 17 physician upon request of another member board. 18 (f) All information provided to the Interstate Commission or distributed by 19 member boards shall be confidential, filed under seal, and used only for investigatory 20 or disciplinary matters. 21 (g) The Interstate Commission is authorized to develop rules for mandated or 22 discretionary sharing of information by member boards. 23 SECTION 9. JOINT INVESTIGATIONS. 24 (a) Licensure and disciplinary records of physicians are deemed investigative. 25 (b) In addition to the authority granted to a member board by its respective 26 Medical Practice Act or other applicable state law, a member board may participate 27 with other member boards in joint investigations of physicians licensed by the member 28 boards. 29 (c) A subpoena issued by a member state shall be enforceable in other member 30 states. 31 (d) Member boards may share any investigative, litigation, or compliance
01 materials in furtherance of any joint or individual investigation initiate under the 02 Compact. 03 (e) Any member state may investigate actual or alleged violations of the 04 statutes authorizing the practice of medicine in any other member state in which a 05 physician holds a license to practice medicine. 06 SECTION 10. DISCIPLINARY ACTIONS. 07 (a) Any disciplinary action taken by any member board against a physician 08 licensed through the Compact shall be deemed unprofessional conduct which may be 09 subject to discipline by other member boards, in addition to any violation of the 10 Medical Practice Act or regulations in that state. 11 (b) If a license granted to a physician by the member board in the state of 12 principal license is revoked, surrendered or relinquished in lieu of discipline, or 13 suspended, then all licenses issued to the physician by member boards shall 14 automatically be placed, without further action necessary by any member board, on 15 the same status. If the member board in the state of principal license subsequently 16 reinstates the physician's license, a license issued to the physician by any other 17 member board shall remain encumbered until that respective member board takes 18 action to reinstate the license in a manner consistent with the Medical Practice Act of 19 that state. 20 (c) If disciplinary action is taken against a physician by a member board not in 21 the state of principal license, any other member board may deem the action conclusive 22 as to matter of law and fact decided, and 23 (1) Impose the same or lesser sanctions against the physician so long 24 as such sanctions are consistent with the Medical Practice Act of that state; or 25 (2) Pursue separate disciplinary action against the physician under its 26 respective Medical Practice Act, regardless of the action taken in other member states. 27 (d) If a license granted to a physician by a member board is revoked, 28 surrendered or relinquished in lieu of discipline, or suspended, then any licenses 29 issued to the physician by any other member boards shall be suspended, automatically 30 and immediately without further action necessary by the other member boards, for 31 ninety (90) days upon entry of the order by the disciplining board, to permit the
01 member boards to investigate the basis for the action under the Medical Practice Act 02 of that state. A member board may terminate the automatic suspension of the license it 03 issued prior to the completion of the ninety (90) day suspension period in a manner 04 consistent with the Medical Practice Act of that state. 05 SECTION 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION. 06 (a) The member states hereby create the "Interstate Medical Licensure 07 Compact Commission." 08 (b) The purpose of the Interstate Commission is the administration of the 09 Interstate Medical Licensure Compact, which is a discretionary state function. 10 (c) The Interstate Commission shall be a body corporate and joint agency of 11 the member states and shall have all the responsibilities, powers, and duties set forth in 12 the Compact, and such additional powers as may be conferred upon it by a subsequent 13 concurrent action of the respective legislatures of the member states in accordance 14 with the terms of the Compact. 15 (d) The Interstate Commission shall consist of two voting representatives 16 appointed by each member state who shall serve as Commissioners. In states where 17 allopathic and osteopathic physicians are regulated by separate member boards, or if 18 the licensing and disciplinary authority is split between separate member boards, or if 19 the licensing and disciplinary authority is split between multiple member boards 20 within a member state, the member state shall appoint one representative from each 21 member board. A Commissioner shall be 22 (1) An allopathic or osteopathic physician appointed to a member 23 board; 24 (2) An executive director, executive secretary, or similar executive of a 25 member board; or 26 (3) A member of the public appointed to a member board. 27 (e) The Interstate Commission shall meet at least once each calendar year. A 28 portion of this meeting shall be a business meeting to address such matters as may 29 properly come before the Commission, including the election of officers. The 30 chairperson may call additional meetings and shall call for a meeting upon the request 31 of a majority of the member states.
01 (f) The bylaws may provide for meetings of the Interstate Commission to be 02 conducted by telecommunication or electronic communication. 03 (g) Each Commissioner participating at a meeting of the Interstate 04 Commission is entitled to one vote. A majority of Commissioners shall constitute a 05 quorum for the transaction of business, unless a larger quorum is required by the 06 bylaws of the Interstate Commission. A Commissioner shall not delegate a vote to 07 another Commissioner. In the absence of its Commissioner, a member state may 08 delegate voting authority for a specified meeting to another person from that state who 09 shall meet the requirements of subsection (d). 10 (h) The Interstate Commission shall provide public notice of all meetings and 11 all meetings shall be open to the public. The Interstate Commission may close a 12 meeting, in full or in portion, where it determines by a two-thirds vote of the 13 Commissioners present that an open meeting would be likely to 14 (1) Relate solely to the internal personnel practice and procedures of 15 the Interstate Commission; 16 (2) Discuss matters specifically exempted from disclosure by federal 17 statute; 18 (3) Discuss trade secrets, commercial, or financial information that is 19 privileged or confidential; 20 (4) Involve accusing a person of a crime, or formally censuring a 21 person; 22 (5) Discuss information of a personal nature where disclosure would 23 constitute a clearly unwarranted invasion of personal privacy; 24 (6) Discuss investigative records compiled for law enforcement 25 purposes; or 26 (7) Specifically relate to the participation in a civil action or other legal 27 proceeding. 28 (i) The Interstate Commission shall keep minutes which shall fully describe all 29 matters discussed in a meeting and shall provide a full and accurate summary of 30 actions taken, including record of any roll call votes. 31 (j) The Interstate Commission shall make its information and official records,
01 to the extent not otherwise designated in the Compact or by its rules, available to the 02 public for inspection. 03 (k) The Interstate Commission shall establish an executive committee, which 04 shall include officers, members, and others as determined by the bylaws. The 05 executive committee shall have the power to act on behalf of the Interstate 06 Commission, with the exception of rulemaking, during periods when the Interstate 07 Commission is not in session. When acting on behalf of the Interstate Commission, 08 the executive committee shall oversee the administration of the Compact including 09 enforcement and compliance with the provisions of the Compact, its bylaws and rules, 10 and other such duties as necessary. 11 (l) The Interstate Commission shall establish other committees for governance 12 and administration of the Compact. 13 SECTION 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION. 14 (a) Oversee and maintain the administration of the Compact; 15 (b) Promulgate rules which shall be binding to the extent and in the manner 16 provided for in the Compact; 17 (c) Issue, upon the request of a member state or member board, advisory 18 opinions concerning the meaning or interpretation of the Compact, its bylaws, rules, 19 and actions; 20 (d) Enforce compliance with Compact provisions, the rules promulgated by 21 the Interstate Commission, and the bylaws, using all necessary and proper means, 22 including but not limited to the use of judicial process; 23 (e) Establish and appoint committees including, but not limited to, an 24 executive committee as required by Section 11, which shall have the power to act on 25 behalf of the Interstate Commission in carrying out its powers and duties; 26 (f) Pay, or provide for the payment of the expenses related to the 27 establishment, organization, and ongoing activities of the Interstate Commission; 28 (g) Establish and maintain one or more offices; 29 (h) Borrow, accept, hire, or contract for services of personnel; 30 (i) Purchase and maintain insurance and bonds; 31 (j) Employ an executive director who shall have such powers to employ, select
01 or appoint employees, agents, or consultants, and to determine their qualifications, 02 define their duties, and fix their compensation; 03 (k) Establish personnel policies and programs relating to conflicts of interest, 04 rates of compensation, and qualifications of personnel; 05 (l) Accept donations and grants of money, equipment, supplies, materials, and 06 services and to receive, utilize, and dispose of it in a manner consistent with the 07 conflict of interest policies established by the Interstate Commission; 08 (m) Lease, purchase, accept contributions or donations of, or otherwise to 09 own, hold, improve or use, any property, real, personal, or mixed; 10 (n) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 11 dispose of any property, real, personal, or mixed; 12 (o) Establish a budget and make expenditures; 13 (p) Adopt a seal and bylaws governing the management and operation of the 14 Interstate Commission; 15 (q) Report annually to the legislatures and governors of the member states 16 concerning the activities of the Interstate Commission during the preceding year. Such 17 reports shall also include reports of financial audits and any recommendations that 18 may have been adopted by the Interstate Commission; 19 (r) Coordinate education, training, and public awareness regarding the 20 Compact, its implementation, and its operation; 21 (s) Maintain records in accordance with the bylaws; 22 (t) Seek and obtain trademarks, copyrights, and patents; and 23 (u) Perform such functions as may be necessary or appropriate to achieve the 24 purpose of the Compact. 25 SECTION 13. FINANCE POWERS. 26 (a) The Interstate Commission may levy on and collect an annual assessment 27 from each member state to cover the cost of the operations and activities of the 28 Interstate Commission and its staff. The total assessment must be sufficient to cover 29 the annual budget approved each year for which revenue is not provided by other 30 sources. The aggregate annual assessment amount shall be allocated upon a formula to 31 be determined by the Interstate Commission, which shall promulgate a rule binding
01 upon all member states. 02 (b) The Interstate Commission shall not incur obligations of any kind prior to 03 securing the funds adequate to meet the same. 04 (c) The Interstate Commission shall not pledge the credit of any of the 05 member states, except by, and with the authority of, the member state. 06 (d) The Interstate Commission shall be subject to a yearly financial audit 07 conducted by a certified or licensed accountant and the report of the audit shall be 08 included in the annual report of the Interstate Commission. 09 SECTION 14. ORGANIZATION AND OPERATION OF THE INTERSTATE 10 COMMISSION. 11 (a) The Interstate Commission shall, by a majority of Commissioners present 12 and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to 13 carry out the purposes of the Compact within twelve (12) months of the first Interstate 14 Commission meeting. 15 (b) The Interstate Commission shall elect or appoint annually from among its 16 Commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall 17 have such authority and duties as may be specified in the bylaws. The chairperson, or 18 in the chairperson's absence or disability, the vice-chairperson, shall preside at all 19 meetings of the Interstate Commission. 20 (c) Officers selected in subsection (b) shall serve without remuneration for the 21 Interstate Commission. 22 (d) The officers and employees of the Interstate Commission shall be immune 23 from suit and liability, either personally or in their official capacity, for a claim for 24 damage to or loss of property or personal injury or other civil liability caused or 25 arising out of, or relating to, an actual or alleged act, error, or omission that occurred, 26 or that such person had a reasonable basis for believing occurred, within the scope of 27 Interstate Commission employment, duties, or responsibilities; provided that such 28 person shall not be protected from suit or liability for damage, loss, injury, or liability 29 caused by the intentional or willful and wanton misconduct of such person. 30 (e) The liability of the executive director and employees of the Interstate 31 Commission or representatives of the Interstate Commission, acting within the scope
01 of such person's employment or duties for acts, errors, or omissions occurring within 02 such person's state, may not exceed the limits of liability set forth under the 03 constitution and laws of that state for state officials, employees, and agents. The 04 Interstate Commission is considered to be an instrumentality of the states for the 05 purpose of any such action. Nothing in this subsection shall be construed to protect 06 such person from suit or liability for damage, loss, injury, or liability caused by the 07 intentional or willful and wanton misconduct of such person. 08 (f) The Interstate Commission shall defend the executive director, its 09 employees, and subject to the approval of the attorney general or other appropriate 10 legal counsel of the member state represented by an Interstate Commission 11 representative, shall defend such Interstate Commission representative in any civil 12 action seeking to impose liability arising out of an actual or alleged act, error or 13 omission that occurred within the scope of Interstate Commission employment, duties 14 or responsibilities, or that the defendant had a reasonable basis for believing occurred 15 within the scope of Interstate Commission employment, duties, or responsibilities, 16 provided that the actual or alleged act, error, or omission did not result from 17 intentional or willful and wanton misconduct on the part of such person. 18 (g) To the extent not covered by the state involved, member state, or the 19 Interstate Commission, the representatives or employees of the Interstate Commission 20 shall be held harmless in the amount of a settlement or judgement, including attorney's 21 fees and costs, obtained against such persons arising out of an actual or alleged act, 22 error, or omission that occurred within the scope of the Interstate Commission 23 employment, duties, or responsibilities, or that such persons had a reasonable basis for 24 believing occurred within the scope of Interstate Commission employment, duties, or 25 responsibilities, provided that the actual or alleged act, error, or omission did not result 26 from intentional or willful and wanton misconduct on the part of such person. 27 SECTION 15. RULEMAKING FUNCTIONS OF THE INTERSTATE 28 COMMISSION. 29 (a) The Interstate Commission shall promulgate reasonable rules in order to 30 effectively and efficiently achieve the purpose of the Compact. Notwithstanding the 31 foregoing, in the event the Interstate Commission exercises its rulemaking authority in
01 a manner that is beyond the scope of the purposes of the Compact, or the powers 02 granted hereunder, then such an action by the Interstate Commission shall be invalid 03 and have no force or effect. 04 (b) Rules deemed appropriate for the operations of the Interstate Commission 05 shall be made pursuant to a rulemaking process that substantially conforms to the 06 "Model State Administrative Procedure Act" of 2010, and subsequent amendments 07 thereto. 08 (c) Not later than thirty (30) days after a rule is promulgated, any person may 09 file a petition for judicial review of the rule in the United States District Court for the 10 District of Columbia or the federal district where the Interstate Commission has its 11 principal offices, provided that the filing of such a petition shall not stay or otherwise 12 prevent the rule from becoming effective unless the court finds that the petitioner has a 13 substantial likelihood of success. The court shall give deference to the actions of the 14 Interstate Commission consistent with applicable law and shall not find the rule to be 15 unlawful if the rule represents a reasonable exercise of the authority granted to the 16 Interstate Commission. 17 SECTION 16. OVERSIGHT OF INTERSTATE COMPACT. 18 (a) The executive, legislative, and judicial branches of state government in 19 each member state shall enforce the Compact and shall take all actions necessary and 20 appropriate to effectuate the Compact's purposes and intent. The provisions of the 21 Compact and the rules promulgated hereunder shall have standing as statutory law but 22 shall not override existing state authority to regulate the practice of medicine. 23 (b) All courts shall take judicial notice of the Compact and the rules in any 24 judicial or administrative proceeding in a member state pertaining to the subject matter 25 of the Compact which may affect the powers, responsibilities or actions of the 26 Interstate Commission. 27 (c) The Interstate Commission shall be entitled to receive all services of 28 process in any such proceeding, and shall have standing to intervene in the proceeding 29 for all purposes. Failure to provide service of process to the Interstate Commission 30 shall render a judgment or order void as to the Interstate Commission, the Compact, or 31 promulgated rules.
01 SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT. 02 (a) The Interstate Commission, in the reasonable exercise of its discretion, 03 shall enforce the provisions and rules of the Compact. 04 (b) The Interstate Commission may, by majority vote of the Commissioners, 05 initiate legal action in the United States Court for the District of Columbia, or, at the 06 discretion of the Interstate Commission, in the federal district where the Interstate 07 Commission has its principal offices, to enforce compliance with the provisions of the 08 Compact, and its promulgated rules and bylaws, against a member state in default. The 09 relief sought may including both injunctive relief and damages. In the event judicial 10 enforcement is necessary, the prevailing party shall be awarded all costs of such 11 litigation including reasonable attorney's fees. 12 (c) The remedies herein shall not be the exclusive remedies of the Interstate 13 Commission. The Interstate Commission may avail itself of any other remedies 14 available under state law or regulation of a profession. 15 SECTION 18. DEFAULT PROCEDURES. 16 (a) The grounds for default include, but are not limited to, failure of a member 17 state to perform such obligations or responsibilities imposed upon it by the Compact, 18 or the rules and bylaws of the Interstate Commission promulgated under the Compact. 19 (b) If the Interstate Commission determines that a member state has defaulted 20 in the performance of its obligations or responsibilities under the Compact, or the 21 bylaws or promulgated rules, the Interstate Commission shall 22 (1) provide written notice to the defaulting state and other member 23 states, of the nature of the default, the means of curing the default, and any action 24 taken by the Interstate Commission; the Interstate Commission shall specify the 25 conditions by which the defaulting state must cure its default; and 26 (2) provide remedial training and specific technical assistance 27 regarding the default. 28 (c) If the defaulting state fails to cure the default, the defaulting state shall be 29 terminated from the Compact upon an affirmative vote of a majority of the 30 Commissioners and all rights, privileges, and benefits conferred by the Compact shall 31 terminate on the effective date of termination. A cure of the default does not relieve
01 the offending state of obligations or liabilities incurred during the period of the 02 default. 03 (d) Termination of membership in the Compact shall be imposed only after all 04 other means of securing compliance have been exhausted. Notice of intent to terminate 05 shall be given by the Interstate Commission to the governor, the majority and minority 06 leaders of the defaulting state's legislature, and each of the member states. 07 (e) The Interstate Commission shall establish rules and procedures to address 08 licenses and physicians that are materially impacted by the termination of a member 09 state, or the withdrawal of a member state. 10 (f) The member state which has been terminated is responsible for all due, 11 obligations, and liabilities incurred through the effective date of termination including 12 obligations, the performance of which extends beyond the effective date of 13 termination. 14 (g) The Interstate Commission shall not bear any costs relating to any state 15 that has been found to be in default or which has been terminated from the Compact, 16 unless otherwise mutually agreed upon in writing between the Interstate Commission 17 and the defaulting state. 18 (h) The defaulting state may appeal the action of the Interstate Commission by 19 petitioning the United States District Court for the District of Columbia or the federal 20 district where the Interstate Commission has its principal offices. The prevailing party 21 shall be awarded all costs of such litigation including reasonable attorney's fees. 22 SECTION 19. DISPUTE RESOLUTION. 23 (a) The Interstate Commission shall attempt, upon the request of a member 24 state, to resolve disputes which are subject to the Compact and which may arise 25 among member states or member boards. 26 (b) The Interstate Commission shall promulgate rules providing for both 27 mediation and binding dispute resolution as appropriate. 28 SECTION 20. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT. 29 (a) Any state is eligible to become a member of the Compact. 30 (b) The Compact shall become effective and binding upon legislative 31 enactment of the Compact into law by no less than seven (7) states. Thereafter, it shall
01 become effective and binding on a state upon enactment of the Compact into law by 02 that state. 03 (c) The governors of non-member states, or their designees, shall be invited to 04 participate in the activities of the Interstate Commission on a non-voting basis prior to 05 adoption of the Compact by all states. 06 (d) The Interstate Commission may propose amendments to the Compact for 07 enactment by the member states. No amendment shall become effective and binding 08 upon the Interstate Commission and the member states unless and until it is enacted 09 into law by unanimous consent of the member states. 10 SECTION 21. WITHDRAWAL. 11 (a) Once effective, the Compact shall continue in force and remain binding 12 upon each and every member state; provided that a member state may withdraw from 13 the Compact by specifically repealing the statute which enacted the Compact into law. 14 (b) Withdrawal from the Compact shall be by the enactment of a statute 15 repealing the same, but shall not take effect until one (1) year after the effective date 16 of such statute and until written notice of the withdrawal has been given by the 17 withdrawing state to the governor of each other member state. 18 (c) The withdrawing state shall immediately notify the chairperson of the 19 Interstate Commission in writing upon the introduction of legislation repealing the 20 Compact in the withdrawing state. 21 (d) The Interstate Commission shall notify the other member states of the 22 withdrawing state's intent to withdraw within sixty (60) days of its receipt of notice 23 provided under subsection (c). 24 (e) The withdrawing state is responsible for all dues, obligations and liabilities 25 incurred through the effective date of withdrawal, including obligations, the 26 performance of which extend beyond the effective date of withdrawal. 27 (f) Reinstatement following withdrawal of a member state shall occur upon 28 the withdrawing date reenacting the Compact or upon such later date as determined by 29 the Interstate Commission. 30 (g) The Interstate Commission is authorized to develop rules to address the 31 impact of the withdrawal of a member state on licenses granted in other member states
01 to physicians who designated the withdrawing member state as the state of principal 02 license. 03 SECTION 22. DISSOLUTION. 04 (a) The Compact shall dissolve effective upon the date of the withdrawal or 05 default of the member state which reduces the membership of the Compact to one (1) 06 member state. 07 (b) Upon the dissolution of the Compact, the Compact becomes null and void 08 and shall be of no further force or effect, and the business and affairs of the Interstate 09 Commission shall be concluded, and surplus funds shall be distributed in accordance 10 with the bylaws. 11 SECTION 23. SEVERABILITY AND CONSTRUCTION. 12 (a) The provisions of the Compact shall be severable, and if any phrase, 13 clause, sentence, or provision is deemed unenforceable, the remaining provisions of 14 the Compact shall be enforceable. 15 (b) The provisions of the Compact shall be liberally construed to effectuate its 16 purposes. 17 (c) Nothing in the Compact shall be construed to prohibit the applicability of 18 other interstate compacts to which the member states are members. 19 SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS. 20 (a) Nothing herein prevents the enforcement of any other law of a member 21 state that is not inconsistent with the Compact. 22 (b) All laws in a member state in conflict with the Compact are superseded to 23 the extent of the conflict. 24 (c) All lawful actions of the Interstate Commission, including all rules and 25 bylaws promulgated by the Commission, are binding upon the member states. 26 (d) All agreements between the Interstate Commission and the member states 27 are binding in accordance with their terms. 28 (e) In the event any provision of the Compact exceeds the constitutional limits 29 imposed on the legislature of any member state, such provision shall be ineffective to 30 the extent of the conflict with the constitutional provision in question in that member 31 state.
01 Sec. 08.64.254. PA Licensure Compact. The PA licensure compact as 02 contained in this section is enacted into law and entered into on behalf of the state with 03 all other states and jurisdictions legally joining it in a form substantially as follows: 04 SECTION 1. PURPOSE. 05 In order to strengthen access to Medical Services, and in recognition of the 06 advances in the delivery of Medical Services, the Participating States of the PA 07 Licensure Compact have allied in common purpose to develop a comprehensive 08 process that complements the existing authority of State Licensing Boards to license 09 and discipline PAs and seeks to enhance the portability of a License to practice as a 10 PA while safeguarding the safety of patients. This Compact allows Medical Services 11 to be provided by PAs, via the mutual recognition of the Licensee's Qualifying 12 License by other Compact Participating States. This Compact also adopts the 13 prevailing standard for PA licensure and affirms that the practice and delivery of 14 Medical Services by the PA occurs where the patient is located at the time of the 15 patient encounter, and therefore requires the PA to be under the jurisdiction of the 16 State Licensing Board where the patient is located. State Licensing Boards that 17 participate in this Compact retain the jurisdiction to impose Adverse Action against a 18 Compact Privilege in that State issued to a PA through the procedures of this 19 Compact. The PA Licensure Compact will alleviate burdens for military families by 20 allowing active duty military personnel and their spouses to obtain a Compact 21 Privilege based on having an unrestricted License in good standing from a 22 Participating State. 23 SECTION 2. DEFINITIONS. 24 In this Compact: 25 (A) "Adverse Action" means any administrative, civil, equitable, or criminal 26 action permitted by a State's laws which is imposed by a Licensing Board or other 27 authority against a PA License or License application or Compact Privilege such as 28 License denial, censure, revocation, suspension, probation, monitoring of the 29 Licensee, or restriction on the Licensee's practice. 30 (B) "Compact Privilege" means the authorization granted by a Remote State to 31 allow a Licensee from another Participating State to practice as a PA to provide
01 Medical Services and other licensed activity to a patient located in the Remote State 02 under the Remote State's laws and regulations. 03 (C) "Conviction" means a finding by a court that an individual is guilty of a 04 felony or misdemeanor offense through adjudication or entry of a plea of guilty or no 05 contest to the charge by the offender. 06 (D) "Criminal Background Check" means the submission of fingerprints or 07 other biometric-based information for a License applicant for the purpose of obtaining 08 that applicant's criminal history record information, as defined in 28 C.F.R. 20.3(d), 09 from the State's criminal history record repository as defined in 28 C.F.R. 20.3(f). 10 (E) "Data System" means the repository of information about Licensees, 11 including but not limited to License status and Adverse Actions, which is created and 12 administered under the terms of this Compact. 13 (F) "Executive Committee" means a group of directors and ex-officio 14 individuals elected or appointed pursuant to Section 7(F)(2). 15 (G) "Impaired Practitioner" means a PA whose practice is adversely affected 16 by health-related condition(s) that impact their ability to practice. 17 (H) "Investigative Information" means information, records, or documents 18 received or generated by a Licensing Board pursuant to an investigation. 19 (I) "Jurisprudence Requirement" means the assessment of an individual's 20 knowledge of the laws and Rules governing the practice of a PA in a State. 21 (J) "License" means current authorization by a State, other than authorization 22 pursuant to a Compact Privilege, for a PA to provide Medical Services, which would 23 be unlawful without current authorization. 24 (K) "Licensee" means an individual who holds a License from a State to 25 provide Medical Services as a PA. 26 (L) "Licensing Board" means any State entity authorized to license and 27 otherwise regulate PAs. 28 (M) "Medical Services" means health care services provided for the diagnosis, 29 prevention, treatment, cure or relief of a health condition, injury, or disease, as defined 30 by a State's laws and regulations. 31 (N) "Model Compact" means the model for the PA Licensure Compact on file
01 with The Council of State Governments or other entity as designated by the 02 Commission. 03 (O) "Participating State" means a State that has enacted this Compact. 04 (P) "PA" means an individual who is licensed as a physician assistant in a 05 State. For purposes of this Compact, any other title or status adopted by a State to 06 replace the term "physician assistant" shall be deemed synonymous with "physician 07 assistant" and shall confer the same rights and responsibilities to the Licensee under 08 the provisions of this Compact at the time of its enactment. 09 (Q) "PA Licensure Compact Commission," "Compact Commission," or 10 "Commission" mean the national administrative body created pursuant to Section 7(A) 11 of this Compact. 12 (R) "Qualifying License" means an unrestricted License issued by a 13 Participating State to provide Medical Services as a PA. 14 (S) "Remote State" means a Participating State where a Licensee who is not 15 licensed as a PA is exercising or seeking to exercise the Compact Privilege. 16 (T) "Rule" means a regulation promulgated by an entity that has the force and 17 effect of law. 18 (U) "Significant Investigative Information" means Investigative Information 19 that a Licensing Board, after an inquiry or investigation that includes notification and 20 an opportunity for the PA to respond if required by State law, has reason to believe is 21 not groundless and, if proven true, would indicate more than a minor infraction. 22 (V) "State" means any state, commonwealth, district, or territory of the United 23 States. 24 SECTION 3. STATE PARTICIPATION IN THIS COMPACT. 25 (A) To participate in this Compact, a Participating State shall: 26 (1) License PAs. 27 (2) Participate in the Compact Commission's Data System. 28 (3) Have a mechanism in place for receiving and investigating 29 complaints against Licensees and License applicants. 30 (4) Notify the Commission, in compliance with the terms of this 31 Compact and Commission Rules, of any Adverse Action against a Licensee or License
01 applicant and the existence of Significant Investigative Information regarding a 02 Licensee or License applicant. 03 (5) Fully implement a Criminal Background Check requirement, 04 within a time frame established by Commission Rule, by its Licensing Board receiving 05 the results of a Criminal Background Check and reporting to the Commission whether 06 the License applicant has been granted a License. 07 (6) Comply with the Rules of the Compact Commission. 08 (7) Utilize passage of a recognized national exam such as the NCCPA 09 PANCE as a requirement for PA licensure. 10 (8) Grant the Compact Privilege to a holder of a Qualifying License in 11 a Participating State. 12 (B) Nothing in this Compact prohibits a Participating State from charging a 13 fee for granting the Compact Privilege. 14 SECTION 4. COMPACT PRIVILEGE. 15 (A) To exercise the Compact Privilege, a Licensee must: 16 (1) Have graduated from a PA program accredited by the Accreditation 17 Review Commission on Education for the Physician Assistant, Inc. or other programs 18 authorized by Commission Rule. 19 (2) Hold current NCCPA certification. 20 (3) Have no felony or misdemeanor Conviction. 21 (4) Have never had a controlled substance license, permit, or 22 registration suspended or revoked by a State or by the United States Drug 23 Enforcement Administration. 24 (5) Have a unique identifier as determined by Commission Rule. 25 (6) Hold a Qualifying License. 26 (7) Have had no revocation of a License or limitation or restriction on 27 any License currently held due to an adverse action. 28 (8) If a Licensee has had a limitation or restriction on a License or 29 Compact Privilege due to an Adverse Action, two years must have elapsed from the 30 date on which the License or Compact Privilege is no longer limited or restricted due 31 to the Adverse Action.
01 (9) If a Compact Privilege has been revoked or is limited or restricted 02 in a Participating State for conduct that would not be a basis for disciplinary action in 03 a Participating State in which the Licensee is practicing or applying to practice under 04 a Compact Privilege, that Participating State shall have the discretion not to 05 consider such action as an Adverse Action requiring the denial or removal of a 06 Compact Privilege in that State. 07 (10) Notify the Compact Commission that the Licensee is seeking the 08 Compact Privilege in a Remote State. 09 (11) Meet any Jurisprudence Requirement of a Remote State in which 10 the Licensee is seeking to practice under the Compact Privilege and pay any fees 11 applicable to satisfying the Jurisprudence Requirement. 12 (12) Report to the Commission any Adverse Action taken by a non- 13 participating State within thirty (30) days after the action is taken. 14 (B) The Compact Privilege is valid until the expiration or revocation of the 15 Qualifying License unless terminated pursuant to an Adverse Action. The Licensee 16 must also comply with all of the requirements of (A) of this Section above to maintain 17 the Compact Privilege in a Remote State. If the Participating State takes Adverse 18 Action against a Qualifying License, the Licensee shall lose the Compact Privilege in 19 any Remote State in which the Licensee has a Compact Privilege until all of the 20 following occur: 21 (1) The License is no longer limited or restricted; and 22 (2) Two (2) years have elapsed from the date on which the License is 23 no longer limited or restricted due to the Adverse Action. 24 (C) Once a restricted or limited License satisfies the requirements of (B)(1) 25 and (2) of this Section, the Licensee must meet the requirements of (A) of this Section 26 to obtain a Compact Privilege in any Remote State. 27 (D) For each Remote State in which a PA seeks authority to prescribe 28 controlled substances, the PA shall satisfy all requirements imposed by such State in 29 granting or renewing such authority. 30 SECTION 5. DESIGNATION OF THE STATE FROM WHICH LICENSEE IS 31 APPLYING FOR A COMPACT PRIVILEGE.
01 (A) Upon a Licensee's application for a Compact Privilege, the Licensee shall 02 identify to the Commission the Participating State from which the Licensee is 03 applying, in accordance with applicable Rules adopted by the Commission, and 04 subject to the following requirements: 05 (1) When applying for a Compact Privilege, the Licensee shall provide 06 the Commission with the address of the Licensee's primary residence and thereafter 07 shall immediately report to the Commission any change in the address of the 08 Licensee's primary residence. 09 (2) When applying for a Compact Privilege, the Licensee is required to 10 consent to accept service of process by mail at the Licensee's primary residence on file 11 with the Commission with respect to any action brought against the Licensee by the 12 Commission or a Participating State, including a subpoena, with respect to any action 13 brought or investigation conducted by the Commission or a Participating State. 14 SECTION 6. ADVERSE ACTIONS. 15 (A) A Participating State in which a Licensee is licensed shall have exclusive 16 power to impose Adverse Action against the Qualifying License issued by that 17 Participating State. 18 (B) In addition to the other powers conferred by State law, a Remote State 19 shall have the authority, in accordance with existing State due process law, to do all of 20 the following: 21 (1) Take Adverse Action against a PA's Compact Privilege within that 22 State to remove a Licensee's Compact Privilege or take other action necessary under 23 applicable law to protect the health and safety of its citizens. 24 (2) Issue subpoenas for both hearings and investigations that require 25 the attendance and testimony of witnesses as well as the production of evidence. 26 Subpoenas issued by a Licensing Board in a Participating State for the attendance and 27 testimony of witnesses or the production of evidence from another Participating State 28 shall be enforced in the latter State by any court of competent jurisdiction, according 29 to the practice and procedure of that court applicable to subpoenas issued in 30 proceedings pending before it. The issuing authority shall pay any witness fees, travel 31 expenses, mileage and other fees required by the service statutes of the State in which
01 the witnesses or evidence are located. 02 (3) Notwithstanding (2) of this subsection, subpoenas may not be 03 issued by a Participating State to gather evidence of conduct in another State that is 04 lawful in that other State for the purpose of taking Adverse Action against a Licensee's 05 Compact Privilege or application for a Compact Privilege in that Participating State. 06 (4) Nothing in this Compact authorizes a Participating State to impose 07 discipline against a PA's Compact Privilege or to deny an application for a Compact 08 Privilege in that Participating State for the individual's otherwise lawful practice in 09 another State. 10 (C) For purposes of taking Adverse Action, the Participating State which 11 issued the Qualifying License shall give the same priority and effect to reported 12 conduct received from any other Participating State as it would if the conduct had 13 occurred within the Participating State which issued the Qualifying License. In so 14 doing, that Participating State shall apply its own State laws to determine appropriate 15 action. 16 (D) A Participating State, if otherwise permitted by State law, may recover 17 from the affected PA the costs of investigations and disposition of cases resulting from 18 any Adverse Action taken against that PA. 19 (E) A Participating State may take Adverse Action based on the factual 20 findings of a Remote State, provided that the Participating State follows its own 21 procedures for taking the Adverse Action. 22 (F) Joint Investigations. 23 (1) In addition to the authority granted to a Participating State by its 24 respective State PA laws and regulations or other applicable State law, any 25 Participating State may participate with other Participating States in joint 26 investigations of Licensees. 27 (2) Participating States shall share any investigative, litigation, or 28 compliance materials in furtherance of any joint or individual investigation initiated 29 under this Compact. 30 (G) If an Adverse Action is taken against a PA's Qualifying License, the PA's 31 Compact Privilege in all Remote States shall be deactivated until two (2) years have
01 elapsed after all restrictions have been removed from the State License. All 02 disciplinary orders by the Participating State which issued the Qualifying License that 03 impose Adverse Action against a PA's License shall include a Statement that the PA's 04 Compact Privilege is deactivated in all Participating States during the pendency of the 05 order. 06 (H) If any Participating State takes Adverse Action, it promptly shall notify 07 the administrator of the Data System. 08 SECTION 7. ESTABLISHMENT OF THE PA LICENSURE COMPACT 09 COMMISSION. 10 (A) The Participating States hereby create and establish a joint government 11 agency and national administrative body known as the PA Licensure Compact 12 Commission. The Commission is an instrumentality of the Compact States acting 13 jointly and not an instrumentality of any one State. The Commission shall come into 14 existence on or after the effective date of the Compact as set forth in Section 11(A). 15 (B) Membership, Voting, and Meetings. 16 (1) Each Participating State shall have and be limited to one (1) 17 delegate selected by that Participating State's Licensing Board or, if the State has more 18 than one Licensing Board, selected collectively by the Participating State's Licensing 19 Boards. 20 (2) The delegate shall be either: 21 (a) A current PA, physician or public member of a Licensing 22 Board or PA Council/Committee; or 23 (b) An administrator of a Licensing Board. 24 (3) Any delegate may be removed or suspended from office as 25 provided by the laws of the State from which the delegate is appointed. 26 (4) The Participating State Licensing Board shall fill any vacancy 27 occurring in the Commission within sixty (60) days. 28 (5) Each delegate shall be entitled to one (1) vote on all matters voted 29 on by the Commission and shall otherwise have an opportunity to participate in the 30 business and affairs of the Commission. A delegate shall vote in person or by such 31 other means as provided in the bylaws. The bylaws may provide for delegates'
01 participation in meetings by telecommunications, video conference, or other means of 02 communication. 03 (6) The Commission shall meet at least once during each calendar 04 year. Additional meetings shall be held as set forth in this Compact and the bylaws. 05 (7) The Commission shall establish by Rule a term of office for 06 delegates. 07 (C) The Commission shall have the following powers and duties: 08 (1) Establish a code of ethics for the Commission; 09 (2) Establish the fiscal year of the Commission; 10 (3) Establish fees; 11 (4) Establish bylaws; 12 (5) Maintain its financial records in accordance with the bylaws; 13 (6) Meet and take such actions as are consistent with the provisions of 14 this Compact and the bylaws; 15 (7) Promulgate Rules to facilitate and coordinate implementation and 16 administration of this Compact. The Rules shall have the force and effect of law and 17 shall be binding in all Participating States; 18 (8) Bring and prosecute legal proceedings or actions in the name of the 19 Commission, provided that the standing of any State Licensing Board to sue or be 20 sued under applicable law shall not be affected; 21 (9) Purchase and maintain insurance and bonds; 22 (10) Borrow, accept, or contract for services of personnel, including, 23 but not limited to, employees of a Participating State; 24 (11) Hire employees and engage contractors, elect or appoint officers, 25 fix compensation, define duties, grant such individuals appropriate authority to carry 26 out the purposes of this Compact, and establish the Commission's personnel policies 27 and programs relating to conflicts of interest, qualifications of personnel, and other 28 related personnel matters; 29 (12) Accept any and all appropriate donations and grants of money, 30 equipment, supplies, materials and services, and receive, utilize and dispose of the 31 same; provided that at all times the Commission shall avoid any appearance of
01 impropriety or conflict of interest; 02 (13) Lease, purchase, accept appropriate gifts or donations of, or 03 otherwise own, hold, improve or use, any property, real, personal or mixed; provided 04 that at all times the Commission shall avoid any appearance of impropriety; 05 (14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 06 otherwise dispose of any property real, personal, or mixed; 07 (15) Establish a budget and make expenditures; 08 (16) Borrow money; 09 (17) Appoint committees, including standing committees composed of 10 members, State regulators, State legislators or their representatives, and consumer 11 representatives, and such other interested persons as may be designated in this 12 Compact and the bylaws; 13 (18) Provide and receive information from, and cooperate with, law 14 enforcement agencies; 15 (19) Elect a Chair, Vice Chair, Secretary and Treasurer and such other 16 officers of the Commission as provided in the Commission's bylaws; 17 (20) Reserve for itself, in addition to those reserved exclusively to the 18 Commission under the Compact, powers that the Executive Committee may not 19 exercise; 20 (21) Approve or disapprove a State's participation in the Compact 21 based upon its determination as to whether the State's Compact legislation departs in a 22 material manner from the Model Compact language; 23 (22) Prepare and provide to the Participating States an annual report; 24 and 25 (23) Perform such other functions as may be necessary or appropriate 26 to achieve the purposes of this Compact consistent with the State regulation of PA 27 licensure and practice. 28 (D) Meetings of the Commission. 29 (1) All meetings of the Commission that are not closed pursuant to this 30 subsection shall be open to the public. Notice of public meetings shall be posted on the 31 Commission's website at least thirty (30) days prior to the public meeting.
01 (2) Notwithstanding (D)(1) of this Section, the Commission may 02 convene a public meeting by providing at least twenty-four (24) hours prior notice on 03 the Commission's website, and any other means as provided in the Commission's 04 Rules, for any of the reasons it may dispense with notice of proposed rulemaking 05 under Section 9(L). 06 (3) The Commission may convene in a closed, non-public meeting or 07 non-public part of a public meeting to receive legal advice or to discuss: 08 (a) Non-compliance of a Participating State with its obligations 09 under this Compact; 10 (b) The employment, compensation, discipline or other matters, 11 practices or procedures related to specific employees or other matters related to 12 the Commission's internal personnel practices and procedures; 13 (c) Current, threatened, or reasonably anticipated litigation; 14 (d) Negotiation of contracts for the purchase, lease, or sale of 15 goods, services, or real estate; 16 (e) Accusing any person of a crime or formally censuring any 17 person; 18 (f) Disclosure of trade secrets or commercial or financial 19 information that is privileged or confidential; 20 (g) Disclosure of information of a personal nature where 21 disclosure would constitute a clearly unwarranted invasion of personal privacy; 22 (h) Disclosure of investigative records compiled for law 23 enforcement purposes; 24 (i) Disclosure of information related to any investigative 25 reports prepared by or on behalf of or for use of the Commission or other 26 committee charged with responsibility of investigation or determination of 27 compliance issues pursuant to this Compact; 28 (j) Legal advice; or 29 (k) Matters specifically exempted from disclosure by federal or 30 Participating States' statutes. 31 (4) If a meeting, or portion of a meeting, is closed pursuant to this
01 provision, the chair of the meeting or the chair's designee shall certify that the meeting 02 or portion of the meeting may be closed and shall reference each relevant exempting 03 provision. 04 (5) The Commission shall keep minutes that fully and clearly describe 05 all matters discussed in a meeting and shall provide a full and accurate summary of 06 actions taken, including a description of the views expressed. All documents 07 considered in connection with an action shall be identified in such minutes. All 08 minutes and documents of a closed meeting shall remain under seal, subject to release 09 by a majority vote of the Commission or order of a court of competent jurisdiction. 10 (E) Financing of the Commission. 11 (1) The Commission shall pay, or provide for the payment of, the 12 reasonable expenses of its establishment, organization, and ongoing activities. 13 (2) The Commission may accept any and all appropriate revenue 14 sources, donations, and grants of money, equipment, supplies, materials, and services. 15 (3) The Commission may levy on and collect an annual assessment 16 from each Participating State and may impose Compact Privilege fees on Licensees of 17 Participating States to whom a Compact Privilege is granted to cover the cost of the 18 operations and activities of the Commission and its staff, which must be in a total 19 amount sufficient to cover its annual budget as approved by the Commission each year 20 for which revenue is not provided by other sources. The aggregate annual assessment 21 amount levied on Participating States shall be allocated based upon a formula to be 22 determined by Commission Rule. 23 (a) A Compact Privilege expires when the Licensee's 24 Qualifying License in the Participating State from which the Licensee applied 25 for the Compact Privilege expires. 26 (b) If the Licensee terminates the Qualifying License through 27 which the Licensee applied for the Compact Privilege before its scheduled 28 expiration, and the Licensee has a Qualifying License in another Participating 29 State, the Licensee shall inform the Commission that it is changing to that 30 Participating State the Participating State through which it applies for a 31 Compact Privilege and pay to the Commission any Compact Privilege fee
01 required by Commission Rule. 02 (4) The Commission shall not incur obligations of any kind prior to 03 securing the funds adequate to meet the same; nor shall the Commission pledge the 04 credit of any of the Participating States, except by and with the authority of the 05 Participating State. 06 (5) The Commission shall keep accurate accounts of all receipts and 07 disbursements. The receipts and disbursements of the Commission shall be subject to 08 the financial review and accounting procedures established under its bylaws. All 09 receipts and disbursements of funds handled by the Commission shall be subject to an 10 annual financial review by a certified or licensed public accountant, and the report of 11 the financial review shall be included in and become part of the annual report of the 12 Commission. 13 (F) The Executive Committee. 14 (1) The Executive Committee shall have the power to act on behalf of 15 the Commission according to the terms of this Compact and Commission Rules. 16 (2) The Executive Committee shall be composed of nine (9) members: 17 (a) Seven voting members who are elected by the Commission 18 from the current membership of the Commission; 19 (b) One ex-officio, nonvoting member from a recognized 20 national PA professional association; and 21 (c) One ex-officio, nonvoting member from a recognized 22 national PA certification organization. 23 (3) The ex-officio members will be selected by their respective 24 organizations. 25 (4) The Commission may remove any member of the Executive 26 Committee as provided in its bylaws. 27 (5) The Executive Committee shall meet at least annually. 28 (6) The Executive Committee shall have the following duties and 29 responsibilities: 30 (a) Recommend to the Commission changes to the 31 Commission's Rules or bylaws, changes to this Compact legislation, fees to be
01 paid by Compact Participating States such as annual dues, and any 02 Commission Compact fee charged to Licensees for the Compact Privilege; 03 (b) Ensure Compact administration services are appropriately 04 provided, contractual or otherwise; 05 (c) Prepare and recommend the budget; 06 (d) Maintain financial records on behalf of the Commission; 07 (e) Monitor Compact compliance of Participating States and 08 provide compliance reports to the Commission; 09 (f) Establish additional committees as necessary; 10 (g) Exercise the powers and duties of the Commission during 11 the interim between Commission meetings, except for issuing proposed 12 rulemaking or adopting Commission Rules or bylaws, or exercising any other 13 powers and duties exclusively reserved to the Commission by the 14 Commission's Rules; and 15 (h) Perform other duties as provided in the Commission's Rules 16 or bylaws. 17 (7) All meetings of the Executive Committee at which it votes or plans 18 to vote on matters in exercising the powers and duties of the Commission shall be 19 open to the public and public notice of such meetings shall be given as public 20 meetings of the Commission are given. 21 (8) The Executive Committee may convene in a closed, non-public 22 meeting for the same reasons that the Commission may convene in a non-public 23 meeting as set forth in Section 7(D)(3) and shall announce the closed meeting as the 24 Commission is required to under Section 7(D)(4) and keep minutes of the closed 25 meeting as the Commission is required to under Section 7(D)(5). 26 (G) Qualified Immunity, Defense, and Indemnification. 27 (1) The members, officers, executive director, employees and 28 representatives of the Commission shall be immune from suit and liability, both 29 personally and in their official capacity, for any claim for damage to or loss of 30 property or personal injury or other civil liability caused by or arising out of any actual 31 or alleged act, error, or omission that occurred, or that the person against whom the
01 claim is made had a reasonable basis for believing occurred within the scope of 02 Commission employment, duties or responsibilities; provided that nothing in this 03 paragraph shall be construed to protect any such person from suit or liability for any 04 damage, loss, injury, or liability caused by the intentional or willful or wanton 05 misconduct of that person. The procurement of insurance of any type by the 06 Commission shall not in any way compromise or limit the immunity granted 07 hereunder. 08 (2) The Commission shall defend any member, officer, executive 09 director, employee, and representative of the Commission in any civil action seeking 10 to impose liability arising out of any actual or alleged act, error, or omission that 11 occurred within the scope of Commission employment, duties, or responsibilities, or 12 as determined by the Commission that the person against whom the claim is made had 13 a reasonable basis for believing occurred within the scope of Commission 14 employment, duties, or responsibilities; provided that nothing herein shall be 15 construed to prohibit that person from retaining their own counsel at their own 16 expense; and provided further, that the actual or alleged act, error, or omission did not 17 result from that person's intentional or willful or wanton misconduct. 18 (3) The Commission shall indemnify and hold harmless any member, 19 officer, executive director, employee, and representative of the Commission for the 20 amount of any settlement or judgment obtained against that person arising out of any 21 actual or alleged act, error, or omission that occurred within the scope of Commission 22 employment, duties, or responsibilities, or that such person had a reasonable basis for 23 believing occurred within the scope of Commission employment, duties, or 24 responsibilities, provided that the actual or alleged act, error, or omission did not result 25 from the intentional or willful or wanton misconduct of that person. 26 (4) Venue is proper and judicial proceedings by or against the 27 Commission shall be brought solely and exclusively in a court of competent 28 jurisdiction where the principal office of the Commission is located. The Commission 29 may waive venue and jurisdictional defenses in any proceedings as authorized by 30 Commission Rules. 31 (5) Nothing herein shall be construed as a limitation on the liability of
01 any Licensee for professional malpractice or misconduct, which shall be governed 02 solely by any other applicable State laws. 03 (6) Nothing herein shall be construed to designate the venue or 04 jurisdiction to bring actions for alleged acts of malpractice, professional misconduct, 05 negligence, or other such civil action pertaining to the practice of a PA. All such 06 matters shall be determined exclusively by State law other than this Compact. 07 (7) Nothing in this Compact shall be interpreted to waive or otherwise 08 abrogate a Participating State's state action immunity or state action affirmative 09 defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any 10 other State or federal antitrust or anticompetitive law or regulation. 11 (8) Nothing in this Compact shall be construed to be a waiver of 12 sovereign immunity by the Participating States or by the Commission. 13 SECTION 8. DATA SYSTEM. 14 (A) The Commission shall provide for the development, maintenance, 15 operation, and utilization of a coordinated data and reporting system containing 16 licensure, Adverse Action, and the reporting of the existence of Significant 17 Investigative Information on all licensed PAs and applicants denied a License in 18 Participating States. 19 (B) Notwithstanding any other State law to the contrary, a Participating State 20 shall submit a uniform data set to the Data System on all PAs to whom this Compact 21 is applicable (utilizing a unique identifier) as required by the Rules of the 22 Commission, including: 23 (1) Identifying information; 24 (2) Licensure data; 25 (3) Adverse Actions against a License or Compact Privilege; 26 (4) Any denial of application for licensure, and the reason(s) for such 27 denial (excluding the reporting of any Criminal history record information where 28 prohibited by law); 29 (5) The existence of Significant Investigative Information; and 30 (6) Other information that may facilitate the administration of this 31 Compact, as determined by the Rules of the Commission.
01 (C) Significant Investigative Information pertaining to a Licensee in any 02 Participating State shall only be available to other Participating States. 03 (D) The Commission shall promptly notify all Participating States of any 04 Adverse Action taken against a Licensee or an individual applying for a License that 05 has been reported to it. This Adverse Action information shall be available to any 06 other Participating State. 07 (E) Participating States contributing information to the Data System may, in 08 accordance with State or federal law, designate information that may not be shared 09 with the public without the express permission of the contributing State. 10 Notwithstanding any such designation, such information shall be reported to the 11 Commission through the Data System. 12 (F) Any information submitted to the Data System that is subsequently 13 expunged pursuant to federal law or the laws of the Participating State contributing the 14 information shall be removed from the Data System upon reporting of such by the 15 Participating State to the Commission. 16 (G) The records and information provided to a Participating State pursuant to 17 this Compact or through the Data System, when certified by the Commission or an 18 agent thereof, shall constitute the authenticated business records of the Commission, 19 and shall be entitled to any associated hearsay exception in any relevant judicial, 20 quasi-judicial or administrative proceedings in a Participating State. 21 SECTION 9. RULEMAKING. 22 (A) The Commission shall exercise its Rulemaking powers pursuant to the 23 criteria set forth in this Section and the Rules adopted thereunder. Commission Rules 24 shall become binding as of the date specified by the Commission for each Rule. 25 (B) The Commission shall promulgate reasonable Rules in order to effectively 26 and efficiently implement and administer this Compact and achieve its purposes. A 27 Commission Rule shall be invalid and have no force or effect only if a court of 28 competent jurisdiction holds that the Rule is invalid because the Commission 29 exercised its rulemaking authority in a manner that is beyond the scope of the 30 purposes of this Compact, or the powers granted hereunder, or based upon another 31 applicable standard of review.
01 (C) The Rules of the Commission shall have the force of law in each 02 Participating State, provided however that where the Rules of the Commission conflict 03 with the laws of the Participating State that establish the medical services a PA may 04 perform in the Participating State, as held by a court of competent jurisdiction, the 05 Rules of the Commission shall be ineffective in that State to the extent of the conflict. 06 (D) If a majority of the legislatures of the Participating States rejects a 07 Commission Rule, by enactment of a statute or resolution in the same manner used to 08 adopt this Compact within four (4) years of the date of adoption of the Rule, then such 09 Rule shall have no further force and effect in any Participating State or to any State 10 applying to participate in the Compact. 11 (E) Commission Rules shall be adopted at a regular or special meeting of the 12 Commission. 13 (F) Prior to promulgation and adoption of a final Rule or Rules by the 14 Commission, and at least thirty (30) days in advance of the meeting at which the Rule 15 will be considered and voted upon, the Commission shall file a Notice of Proposed 16 Rulemaking: 17 (1) On the website of the Commission or other publicly accessible 18 platform; and 19 (2) To persons who have requested notice of the Commission's notices 20 of proposed rulemaking; and 21 (3) In such other way(s) as the Commission may by Rule specify. 22 (G) The Notice of Proposed Rulemaking shall include: 23 (1) The time, date, and location of the public hearing on the proposed 24 Rule and the proposed time, date and location of the meeting in which the proposed 25 Rule will be considered and voted upon; 26 (2) The text of the proposed Rule and the reason for the proposed 27 Rule; 28 (3) A request for comments on the proposed Rule from any interested 29 person and the date by which written comments must be received; and 30 (4) The manner in which interested persons may submit notice to the 31 Commission of their intention to attend the public hearing or provide any written
01 comments. 02 (H) Prior to adoption of a proposed Rule, the Commission shall allow persons 03 to submit written data, facts, opinions, and arguments, which shall be made available 04 to the public. 05 (I) If the hearing is to be held via electronic means, the Commission shall 06 publish the mechanism for access to the electronic hearing. 07 (1) All persons wishing to be heard at the hearing shall as directed in 08 the Notice of Proposed Rulemaking, not less than five (5) business days before the 09 scheduled date of the hearing, notify the Commission of their desire to appear and 10 testify at the hearing. 11 (2) Hearings shall be conducted in a manner providing each person 12 who wishes to comment a fair and reasonable opportunity to comment orally or in 13 writing. 14 (3) All hearings shall be recorded. A copy of the recording and the 15 written comments, data, facts, opinions, and arguments received in response to the 16 proposed rulemaking shall be made available to a person upon request. 17 (4) Nothing in this section shall be construed as requiring a separate 18 hearing on each proposed Rule. Proposed Rules may be grouped for the convenience 19 of the Commission at hearings required by this section. 20 (J) Following the public hearing the Commission shall consider all written and 21 oral comments timely received. 22 (K) The Commission shall, by majority vote of all delegates, take final action 23 on the proposed Rule and shall determine the effective date of the Rule, if adopted, 24 based on the Rulemaking record and the full text of the Rule. 25 (1) If adopted, the Rule shall be posted on the Commission's website. 26 (2) The Commission may adopt changes to the proposed Rule 27 provided the changes do not enlarge the original purpose of the proposed Rule. 28 (3) The Commission shall provide on its website an explanation of the 29 reasons for substantive changes made to the proposed Rule as well as reasons for 30 substantive changes not made that were recommended by commenters. 31 (4) The Commission shall determine a reasonable effective date for the
01 Rule. Except for an emergency as provided in (L) of this Section, the effective date of 02 the Rule shall be no sooner than thirty (30) days after the Commission issued the 03 notice that it adopted the Rule. 04 (L) Upon determination that an emergency exists, the Commission may 05 consider and adopt an emergency Rule with twenty-four (24) hours prior notice, 06 without the opportunity for comment, or hearing, provided that the usual rulemaking 07 procedures provided in this Compact and in this section shall be retroactively applied 08 to the Rule as soon as reasonably possible, in no event later than ninety (90) days after 09 the effective date of the Rule. For the purposes of this provision, an emergency Rule is 10 one that must be adopted immediately by the Commission in order to: 11 (1) Meet an imminent threat to public health, safety, or welfare; 12 (2) Prevent a loss of Commission or Participating State funds; 13 (3) Meet a deadline for the promulgation of a Commission Rule that is 14 established by federal law or Rule; or 15 (4) Protect public health and safety. 16 (M) The Commission or an authorized committee of the Commission may 17 direct revisions to a previously adopted Commission Rule for purposes of correcting 18 typographical errors, errors in format, errors in consistency, or grammatical errors. 19 Public notice of any revisions shall be posted on the website of the Commission. The 20 revision shall be subject to challenge by any person for a period of thirty (30) days 21 after posting. The revision may be challenged only on grounds that the revision results 22 in a material change to a Rule. A challenge shall be made as set forth in the notice of 23 revisions and delivered to the Commission prior to the end of the notice period. If no 24 challenge is made, the revision will take effect without further action. If the revision is 25 challenged, the revision may not take effect without the approval of the Commission. 26 (N) No Participating State's rulemaking requirements shall apply under this 27 Compact. 28 SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 29 (A) Oversight. 30 (1) The executive and judicial branches of State government in each 31 Participating State shall enforce this Compact and take all actions necessary and
01 appropriate to implement the Compact. 02 (2) Venue is proper and judicial proceedings by or against the 03 Commission shall be brought solely and exclusively in a court of competent 04 jurisdiction where the principal office of the Commission is located. The Commission 05 may waive venue and jurisdictional defenses to the extent it adopts or consents to 06 participate in alternative dispute resolution proceedings. Nothing herein shall affect or 07 limit the selection or propriety of venue in any action against a Licensee for 08 professional malpractice, misconduct or any such similar matter. 09 (3) The Commission shall be entitled to receive service of process in 10 any proceeding regarding the enforcement or interpretation of the Compact or the 11 Commission's Rules and shall have standing to intervene in such a proceeding for all 12 purposes. Failure to provide the Commission with service of process shall render a 13 judgment or order in such proceeding void as to the Commission, this Compact, or 14 Commission Rules. 15 (B) Default, Technical Assistance, and Termination. 16 (1) If the Commission determines that a Participating State has 17 defaulted in the performance of its obligations or responsibilities under this Compact 18 or the Commission Rules, the Commission shall provide written notice to the 19 defaulting State and other Participating States. The notice shall describe the default, 20 the proposed means of curing the default and any other action that the Commission 21 may take and shall offer remedial training and specific technical assistance regarding 22 the default. 23 (2) If a State in default fails to cure the default, the defaulting State 24 may be terminated from this Compact upon an affirmative vote of a majority of the 25 delegates of the Participating States, and all rights, privileges and benefits conferred 26 by this Compact upon such State may be terminated on the effective date of 27 termination. A cure of the default does not relieve the offending State of obligations or 28 liabilities incurred during the period of default. 29 (3) Termination of participation in this Compact shall be imposed only 30 after all other means of securing compliance have been exhausted. Notice of intent to 31 suspend or terminate shall be given by the Commission to the governor, the majority
01 and minority leaders of the defaulting State's legislature, and to the Licensing Board(s) 02 of each of the Participating States. 03 (4) A State that has been terminated is responsible for all assessments, 04 obligations, and liabilities incurred through the effective date of termination, including 05 obligations that extend beyond the effective date of termination. 06 (5) The Commission shall not bear any costs related to a State that is 07 found to be in default or that has been terminated from this Compact, unless agreed 08 upon in writing between the Commission and the defaulting State. 09 (6) The defaulting State may appeal its termination from the Compact 10 by the Commission by petitioning the U.S. District Court for the District of Columbia 11 or the federal district where the Commission has its principal offices. The prevailing 12 member shall be awarded all costs of such litigation, including reasonable attorney's 13 fees. 14 (7) Upon the termination of a State's participation in the Compact, the 15 State shall immediately provide notice to all Licensees within that State of such 16 termination: 17 (a) Licensees who have been granted a Compact Privilege in 18 that State shall retain the Compact Privilege for one hundred eighty (180) days 19 following the effective date of such termination. 20 (b) Licensees who are licensed in that State who have been 21 granted a Compact Privilege in a Participating State shall retain the Compact 22 Privilege for one hundred eighty (180) days unless the Licensee also has a 23 Qualifying License in a Participating State or obtains a Qualifying License in a 24 Participating State before the one hundred eighty (180)-day period ends, in 25 which case the Compact Privilege shall continue. 26 (C) Dispute Resolution. 27 (1) Upon request by a Participating State, the Commission shall 28 attempt to resolve disputes related to this Compact that arise among Participating 29 States and between participating and non-Participating States. 30 (2) The Commission shall promulgate a Rule providing for both 31 mediation and binding dispute resolution for disputes as appropriate.
01 (D) Enforcement. 02 (1) The Commission, in the reasonable exercise of its discretion, shall 03 enforce the provisions of this Compact and Rules of the Commission. 04 (2) If compliance is not secured after all means to secure compliance 05 have been exhausted, by majority vote, the Commission may initiate legal action in the 06 United States District Court for the District of Columbia or the federal district where 07 the Commission has its principal offices, against a Participating State in default to 08 enforce compliance with the provisions of this Compact and the Commission's 09 promulgated Rules and bylaws. The relief sought may include both injunctive relief 10 and damages. In the event judicial enforcement is necessary, the prevailing party shall 11 be awarded all costs of such litigation, including reasonable attorney's fees. 12 (3) The remedies herein shall not be the exclusive remedies of the 13 Commission. The Commission may pursue any other remedies available under federal 14 or State law. 15 (E) Legal Action Against the Commission. 16 (1) A Participating State may initiate legal action against the 17 Commission in the U.S. District Court for the District of Columbia or the federal 18 district where the Commission has its principal offices to enforce compliance with the 19 provisions of the Compact and its Rules. The relief sought may include both injunctive 20 relief and damages. In the event judicial enforcement is necessary, the prevailing party 21 shall be awarded all costs of such litigation, including reasonable attorney's fees. 22 (2) No person other than a Participating State shall enforce this 23 Compact against the Commission. 24 SECTION 11. DATE OF IMPLEMENTATION OF THE PA LICENSURE 25 COMPACT COMMISSION. 26 (A) This Compact shall come into effect on the date on which this Compact 27 statute is enacted into law in the seventh Participating State. 28 (1) On or after the effective date of the Compact, the Commission shall 29 convene and review the enactment of each of the States that enacted the Compact prior 30 to the Commission convening ("Charter Participating States") to determine if the 31 statute enacted by each such Charter Participating State is materially different than the
01 Model Compact. 02 (a) A Charter Participating State whose enactment is found to 03 be materially different from the Model Compact shall be entitled to the default 04 process set forth in Section 10(B). 05 (b) If any Participating State later withdraws from the Compact 06 or its participation is terminated, the Commission shall remain in existence and 07 the Compact shall remain in effect even if the number of Participating States 08 should be less than seven. Participating States enacting the Compact 09 subsequent to the Commission convening shall be subject to the process set 10 forth in Section 7(C)(21) to determine if their enactments are materially 11 different from the Model Compact and whether they qualify for participation in 12 the Compact. 13 (2) Participating States enacting the Compact subsequent to the seven 14 initial Charter Participating States shall be subject to the process set forth in Section 15 7(C)(21) to determine if their enactments are materially different from the Model 16 Compact and whether they qualify for participation in the Compact. 17 (3) All actions taken for the benefit of the Commission or in 18 furtherance of the purposes of the administration of the Compact prior to the effective 19 date of the Compact or the Commission coming into existence shall be considered to 20 be actions of the Commission unless specifically repudiated by the Commission. 21 (B) Any State that joins this Compact shall be subject to the Commission's 22 Rules and bylaws as they exist on the date on which this Compact becomes law in that 23 State. Any Rule that has been previously adopted by the Commission shall have the 24 full force and effect of law on the day this Compact becomes law in that State. 25 (C) Any Participating State may withdraw from this Compact by enacting a 26 statute repealing the same. 27 (1) A Participating State's withdrawal shall not take effect until one 28 hundred eighty (180) days after enactment of the repealing statute. During this one 29 hundred eighty (180) day-period, all Compact Privileges that were in effect in the 30 withdrawing State and were granted to Licensees licensed in the withdrawing State 31 shall remain in effect. If any Licensee licensed in the withdrawing State is also
01 licensed in another Participating State or obtains a license in another Participating 02 State within the one hundred eighty (180) days, the Licensee's Compact Privileges in 03 other Participating States shall not be affected by the passage of the one hundred 04 eighty (180) days. 05 (2) Withdrawal shall not affect the continuing requirement of the State 06 Licensing Board(s) of the withdrawing State to comply with the investigative, and 07 Adverse Action reporting requirements of this Compact prior to the effective date of 08 withdrawal. 09 (3) Upon the enactment of a statute withdrawing a State from this 10 Compact, the State shall immediately provide notice of such withdrawal to all 11 Licensees within that State. Such withdrawing State shall continue to recognize all 12 licenses granted pursuant to this Compact for a minimum of one hundred eighty (180) 13 days after the date of such notice of withdrawal. 14 (D) Nothing contained in this Compact shall be construed to invalidate or 15 prevent any PA licensure agreement or other cooperative arrangement between 16 Participating States and between a Participating State and non-Participating State that 17 does not conflict with the provisions of this Compact. 18 (E) This Compact may be amended by the Participating States. No amendment 19 to this Compact shall become effective and binding upon any Participating State until 20 it is enacted materially in the same manner into the laws of all Participating States as 21 determined by the Commission. 22 SECTION 12. CONSTRUCTION AND SEVERABILITY. 23 (A) This Compact and the Commission's rulemaking authority shall be 24 liberally construed so as to effectuate the purposes, and the implementation and 25 administration of the Compact. Provisions of the Compact expressly authorizing or 26 requiring the promulgation of Rules shall not be construed to limit the Commission's 27 rulemaking authority solely for those purposes. 28 (B) The provisions of this Compact shall be severable and if any phrase, 29 clause, sentence or provision of this Compact is held by a court of competent 30 jurisdiction to be contrary to the constitution of any Participating State, a State seeking 31 participation in the Compact, or of the United States, or the applicability thereof to any
01 government, agency, person or circumstance is held to be unconstitutional by a court 02 of competent jurisdiction, the validity of the remainder of this Compact and the 03 applicability thereof to any other government, agency, person or circumstance shall 04 not be affected thereby. 05 (C) Notwithstanding (B) of this section or this section, the Commission may 06 deny a State's participation in the Compact or, in accordance with the requirements of 07 Section 10(B), terminate a Participating State's participation in the Compact, if it 08 determines that a constitutional requirement of a Participating State is, or would be 09 with respect to a State seeking to participate in the Compact, a material departure from 10 the Compact. Otherwise, if this Compact shall be held to be contrary to the 11 constitution of any Participating State, the Compact shall remain in full force and 12 effect as to the remaining Participating States and in full force and effect as to the 13 Participating State affected as to all severable matters. 14 SECTION 13. BINDING EFFECT OF COMPACT. 15 (A) Nothing herein prevents the enforcement of any other law of a 16 Participating State that is not inconsistent with this Compact. 17 (B) Any laws in a Participating State in conflict with this Compact are 18 superseded to the extent of the conflict. 19 (C) All agreements between the Commission and the Participating States are 20 binding in accordance with their terms. 21 * Sec. 8. AS 08.64.315 is amended to read: 22 Sec. 08.64.315. Fees. The department shall set fees under AS 08.01.065 for 23 each of the following: 24 (1) application; 25 (2) license by examination; 26 (3) license by endorsement or waiver of examination; 27 (4) temporary permit; 28 (5) locum tenens permit; 29 (6) license renewal, active; 30 (7) license renewal, inactive; 31 (8) license by reexamination;
01 (9) expedited license issued or renewed through the Interstate 02 Medical Licensure Compact under AS 08.64.253; 03 (10) compact privilege. 04 * Sec. 9. AS 08.84.030(a) is amended to read: 05 (a) To be eligible for licensure by the board as a physical therapist or physical 06 therapist assistant, an applicant, unless a graduate of a foreign school of physical 07 therapy located outside the United States, shall 08 (1) have graduated from a professional physical therapy education 09 program that includes supervised field work and is accredited by a national 10 accreditation agency approved by the board; 11 (2) pass, to the satisfaction of the board, an examination prepared by a 12 national testing service approved by the board to determine the applicant's fitness for 13 practice as a physical therapist or physical therapist assistant, or be entitled to 14 licensure without examination as provided in AS 08.84.060; 15 (3) meet qualifications for licensure established in regulations adopted 16 by the board under AS 08.84.010(b); and 17 (4) have been fingerprinted and have provided the fees required by the 18 Department of Public Safety under AS 12.62.160 for criminal justice information and 19 a national criminal history record check; the fingerprints and fees shall be forwarded 20 to the Department of Public Safety to obtain a report of criminal justice information 21 under AS 12.62 and a national criminal history record check under AS 12.62.400; 22 criminal justice information and criminal history record information obtained 23 under this paragraph may only be used by the board for the purpose of 24 determining an applicant's qualifications and fitness for the license or a compact 25 privilege under AS 08.84.188. 26 * Sec. 10. AS 08.84 is amended by adding a new section to read: 27 Sec. 08.84.095. Scope of practice for occupational therapists and 28 occupational therapy assistants. (a) An occupational therapist may provide 29 occupational therapy to a person whose ability or opportunity to participate in 30 activities of daily living, play, leisure, or an occupation is or may be limited or 31 restricted because the person has or is at risk of having an injury, disorder,
01 impairment, or disability that limits or restricts the person's ability to engage in an 02 occupation or other goal-oriented task or activity. The therapist may evaluate, analyze, 03 and diagnose the cause of the limitation or restriction and intervene with occupational 04 therapy to decrease or eliminate the cause, help the person recover from or adjust to 05 the limitation or restriction, and restore the person's ability to engage in an occupation 06 or other goal-oriented task or activity. 07 (b) An occupational therapist may initiate and provide occupational therapy, 08 including therapy under (c) of this section, without a referral from another provider of 09 health care services. 10 (c) The services an occupational therapist may provide to a person include 11 (1) treating a person's pain; 12 (2) habilitating, rehabilitating, and working with a person to adjust 13 physical, neuromusculoskeletal, cognitive, psychosocial, sensory-perceptive, visual, or 14 other aspects of performance in a variety of contexts to improve or maintain the 15 person's ability to engage in an occupation or other goal-oriented task or activity, 16 regardless of the person's ability-related needs; 17 (3) evaluating and treating a person to promote, enhance, or restore the 18 person's ability to safely perform activities of daily living and instrumental activities 19 of daily living and safely engage in sleep, rest, education, work, play, leisure, health 20 management, and social participation; 21 (4) administering, evaluating, and interpreting tests and measurements 22 of a person's bodily functions and structures; 23 (5) establishing, remediating, preventing, or compensating for a barrier 24 to a person's performance skills; in this paragraph, a barrier to a person's performance 25 skills may include the person's bodily structures and functions, habits, routines, roles, 26 environmental and personal factors, and physical, neuromusculoskeletal, cognitive, 27 psychosocial, sensory perception, communication, interaction, and pain management 28 skills; 29 (6) managing a person's ability to eat, feed themselves, or swallow to 30 improve or maintain eating and feeding performance; 31 (7) designing, fabricating, applying, or ?tting assistive technology or
01 an adaptive or orthotic device; 02 (8) training a person to 03 (A) use assistive technology or an adaptive, orthotic, or 04 prosthetic device; and 05 (B) manage the person's seating and positioning; 06 (9) adapting environments and assessing, recommending, and training 07 a person on the techniques the person may use to enhance the person's functional and 08 community mobility; 09 (10) preventing pain and dysfunction, restoring function, or reversing 10 or arresting the progression of a pathology; 11 (11) applying an adjunctive intervention or therapeutic procedure to 12 prepare for or use with occupation-based activities; in this paragraph, "adjunctive 13 intervention or therapeutic procedure" includes a thermal, mechanical, electrophysical, 14 or instrument-assisted treatment modality, wound care, and manual therapy; and 15 (12) promoting a person's good physical and mental health and 16 wellness, regardless of the person's ability-related needs. 17 (d) An occupational therapist may allow an occupational therapy assistant to 18 assist with or administer occupational therapy that the occupational therapy assistant is 19 professionally competent to assist with or administer, including assessing a patient in 20 an evaluation delegated to the occupational therapy assistant and preparing reports on 21 the assessment for the occupational therapist. The occupational therapist shall 22 supervise the occupational therapy assistant when acting under this subsection. 23 (e) In this section, "health" means a person's physical or mental health. 24 * Sec. 11. AS 08.84.190(3) is amended to read: 25 (3) "occupational therapy" means [, FOR COMPENSATION,] the use 26 of purposeful activity, evaluation, treatment, and consultation with persons [HUMAN 27 BEINGS] whose ability to cope with the tasks of daily living are threatened with [,] or 28 impaired by developmental deficits, learning disabilities, aging, poverty, cultural 29 differences, physical injury or illness, or psychological and social disabilities to 30 maximize independence, prevent disability, and maintain health; ["OCCUPATIONAL 31 THERAPY" INCLUDES
01 (A) DEVELOPING DAILY LIVING, PLAY, LEISURE, 02 SOCIAL, AND DEVELOPMENTAL SKILLS; 03 (B) FACILITATING PERCEPTUAL-MOTOR AND 04 SENSORY INTERGRATIVE FUNCTIONING; 05 (C) ENHANCING FUNCTIONAL PERFORMANCE, 06 PREVOCATIONAL SKILLS, AND WORK CAPABILITIES USING 07 SPECIFICALLY DESIGNED EXERCISES, THERAPEUTIC ACTIVITIES 08 AND MEASURES, MANUAL INTERVENTION, AND APPLIANCES; 09 (D) DESIGN, FABRICATION, AND APPLICATION OF 10 SPLINTS OR SELECTIVE ADAPTIVE EQUIPMENT; 11 (E) ADMINISTERING AND INTERPRETING 12 STANDARDIZED AND NONSTANDARDIZED ASSESSMENTS, 13 INCLUDING SENSORY, MANUAL MUSCLE, AND RANGE OF MOTION 14 ASSESSMENTS, NECESSARY FOR PLANNING EFFECTIVE 15 TREATMENT; AND 16 (F) ADAPTING ENVIRONMENTS FOR THE DISABLED;] 17 * Sec. 12. AS 08.84.190(4) is amended to read: 18 (4) "occupational therapy assistant" means a person who, [ASSISTS 19 IN THE PRACTICE OF OCCUPATIONAL THERAPY] under the supervision of a 20 licensed [AN] occupational therapist, administers or assists with administering 21 occupational therapy; 22 * Sec. 13. AS 08.84.190 is amended by adding a new paragraph to read: 23 (8) "test and measurement" includes imaging, electrodiagnostic and 24 electrophysiological methods or techniques, and other methods or techniques 25 generally accepted by the physical therapist or occupational therapist professions in 26 the state for use in obtaining information about a patient in order to administer 27 therapy. 28 * Sec. 14. AS 08.86.070 is amended to read: 29 Sec. 08.86.070. Duties of the board. The board shall 30 (1) establish objective examination requirements for persons who 31 apply for a license to practice psychology in the state;
01 (2) examine, or cause to be examined, eligible license applicants; 02 (3) approve the issuance of licenses to qualified applicants; 03 (4) adopt regulations establishing standards for the practice of 04 psychology; 05 (5) impose disciplinary sanctions as authorized by this chapter; 06 (6) adopt regulations requiring proof of continued competency for 07 license renewal; 08 (7) review, when requested by the department, the quality and 09 availability of psychological services in the state; 10 (8) compile information for submission to the department on the 11 practice of psychology by psychologists and psychological associates in the state; 12 (9) implement the Psychology Interjurisdictional Compact under 13 AS 08.86.225. 14 * Sec. 15. AS 08.86.130(a) is amended to read: 15 (a) The board shall issue a psychologist license to a person who 16 (1) holds an earned doctorate degree, from an academic institution 17 whose program of graduate study for a doctorate degree in psychology meets the 18 criteria established by the board by regulation, in 19 (A) clinical psychology; 20 (B) counseling psychology; or 21 (C) education in a field of specialization considered equivalent 22 by the board; 23 (2) has not engaged in dishonorable conduct related to the practice of 24 counseling or psychometry; 25 (3) has one year of post doctoral supervised experience approved by 26 the board; [AND] 27 (4) takes and passes the objective examination developed or approved 28 by the board; and 29 (5) has been fingerprinted and has provided the fees required by 30 the Department of Public Safety under AS 12.62.160 for criminal justice 31 information and a national criminal history record check; the fingerprints and
01 fees shall be forwarded to the Department of Public Safety to obtain a report of 02 criminal justice information under AS 12.62 and a national criminal history 03 record check under AS 12.62.400; criminal justice information and criminal 04 history record information obtained under this paragraph may only be used by 05 the board for the purpose of determining an applicant's qualifications and fitness 06 for a license or authority to practice under this chapter. 07 * Sec. 16. AS 08.86.140(a) is amended to read: 08 (a) The department shall set fees under AS 08.01.065 for the following: 09 (1) application; 10 (2) examination; 11 (3) credential review; 12 (4) initial license; 13 (5) license renewal; 14 (6) authority to practice under AS 08.86.225. 15 * Sec. 17. AS 08.86.150 is amended to read: 16 Sec. 08.86.150. License by credentials. A person who is licensed or certified 17 as a psychologist by a licensing authority other than the state is entitled to be licensed 18 in the state without examination if the person applies on the proper application form, 19 submits proof of continued competence as required by regulation of the board, 20 submits the person's fingerprints and fees as required under (b) of this section, 21 pays the credential review fee, and the person 22 (1) holds a doctoral degree with primary emphasis on psychology that 23 satisfies the requirements of AS 08.86.130 and the examination and qualification 24 requirements for the person's out-of-state license or certificate were essentially similar 25 to or higher than the examination and qualification requirements for licensure under 26 this chapter; 27 (2) is a diplomate in good standing of the American Board of 28 Professional Psychology; or 29 (3) is certified or registered with a credentialing organization in 30 psychology approved by the board in regulation and with requirements essentially 31 similar to or higher than the requirements for licensure under this chapter.
01 * Sec. 18. AS 08.86.150 is amended by adding a new subsection to read: 02 (b) An applicant for a license by credentials shall submit to the board the 03 applicant's fingerprints and the fees required by the Department of Public Safety under 04 AS 12.62.160 for criminal justice information and a national criminal history record 05 check. The board shall forward the fingerprints and fees to the Department of Public 06 Safety to obtain a report of criminal justice information under AS 12.62 and a national 07 criminal history record check under AS 12.62.400. Criminal justice information and 08 criminal history record information obtained under this subsection may only be used 09 by the board for the purpose of determining an applicant's qualifications and fitness 10 for a license or authority to practice under this chapter. 11 * Sec. 19. AS 08.86 is amended by adding a new section to read: 12 Article 5A. Psychology Interjurisdictional Compact. 13 Sec. 08.86.225. Compact enacted. The Psychology Interjurisdictional 14 Compact as contained in this section is enacted into law and entered into on behalf of 15 the state with all other states and jurisdictions legally joining it in a form substantially 16 as follows: 17 ARTICLE I. PURPOSE. 18 Whereas, states license psychologists, in order to protect the public through 19 verification of education, training and experience and ensure accountability for 20 professional practice; and 21 Whereas, this Compact is intended to regulate the day to day practice of 22 telepsychology (i.e. the provision of psychological services using telecommunication 23 technologies) by psychologists across state boundaries in the performance of their 24 psychological practice as assigned by an appropriate authority; and 25 Whereas, this Compact is intended to regulate the temporary in-person, face- 26 to-face practice of psychology by psychologists across state boundaries for 30 days 27 within a calendar year in the performance of their psychological practice as assigned 28 by an appropriate authority; 29 Whereas, this Compact is intended to authorize State Psychology Regulatory 30 Authorities to afford legal recognition, in a manner consistent with the terms of the 31 Compact, to psychologists licensed in another state;
01 Whereas, this Compact recognizes that states have a vested interest in 02 protecting the public's health and safety through their licensing and regulation of 03 psychologists and that such state regulation will best protect public health and safety; 04 Whereas, this Compact does not apply when a psychologist is licensed in both 05 the home and Receiving States; and 06 Whereas, this Compact does not apply to permanent in-person, face-to-face 07 practice, it does allow for authorization of temporary psychological practice. 08 Consistent with these principles, this Compact is designed to achieve the 09 following purposes and objectives: 10 (1) Increase public access to professional psychological services by 11 allowing for telepsychological practice across state lines as well as temporary in- 12 person, face-to-face services in a state which the psychologist is not licensed to 13 practice psychology; 14 (2) Enhance the states' ability to protect the public's health and safety, 15 especially client/patient safety; 16 (3) Encourage the cooperation of Compact States in the areas of 17 psychology licensure and regulation; 18 (4) Facilitate the exchange of information between Compact States 19 regarding psychologist licensure, adverse actions and disciplinary history; 20 (5) Promote compliance with the laws governing psychological 21 practice in each Compact State; and 22 (6) Invest all Compact States with the authority to hold licensed 23 psychologists accountable through the mutual recognition of Compact State licenses. 24 ARTICLE II. DEFINITIONS. 25 As used in this Compact, unless the context clearly requires a different construction, 26 (A) "Adverse Action" means: any action taken by a State Psychology 27 Regulatory Authority which finds a violation of a statute or regulation that is identified 28 by the State Psychology Regulatory Authority as discipline and is a matter of public 29 record; 30 (B) "Association of State and Provincial Psychology Boards" means: 31 the recognized membership organization composed of State and Provincial
01 Psychology Regulatory Authorities responsible for the licensure and registration of 02 psychologists throughout the United States and Canada; 03 (C) "Authority to Practice Interjurisdictional Telepsychology" means: 04 a licensed psychologist's authority to practice telepsychology, within the limits 05 authorized under this Compact, in another Compact State; 06 (D) "Bylaws" means: those Bylaws established by the Psychology 07 Interjurisdictional Compact Commission pursuant to Article X for its governance, or 08 for directing and controlling its actions and conduct; 09 (E) "Client/Patient" means: the recipient of psychological services, 10 whether psychological services are delivered in the context of healthcare, corporate, 11 supervision, and/or consulting services; 12 (F) "Commissioner" means: the voting representative appointed by 13 each State Psychology Regulatory Authority pursuant to Article X; 14 (G) "Compact State" means: a state, the District of Columbia, or 15 United States territory that has enacted this Compact legislation and which has not 16 withdrawn pursuant to Article XIII(C) or been terminated pursuant to Article XII(B); 17 (H) "Coordinated Licensure Information System" and "Coordinated 18 Database" mean: an integrated process for collecting, storing, and sharing information 19 on psychologists' licensure and enforcement activities related to psychology licensure 20 laws, which is administered by the recognized membership organization composed of 21 state and provincial psychology regulatory authorities; 22 (I) "Confidentiality" means: the principle that data or information is 23 not made available or disclosed to unauthorized persons and/or processes; 24 (J) "Day" means: any part of a day in which psychological work is 25 performed; 26 (K) "Distant State" means: the Compact State where a psychologist is 27 physically present (not through the use of telecommunications technologies), to 28 provide temporary in-person, face-to-face psychological services; 29 (L) "E.Passport" means: a certificate issued by the Association of State 30 and Provincial Psychology Boards that promotes the standardization in the criteria of 31 interjurisdictional telepsychology practice and facilitates the process for licensed
01 psychologists to provide telepsychological services across state lines; 02 (M) "Executive Board" means: a group of directors elected or 03 appointed to act on behalf of, and within the powers granted to them by, the 04 Commission; 05 (N) "Home State" means: a Compact State where a psychologist is 06 licensed to practice psychology; if the psychologist is licensed in more than one 07 Compact State and is practicing under the Authorization to Practice Interjurisdictional 08 Telepsychology, the Home State is the Compact State where the psychologist is 09 physically present when the telepsychological services are delivered, or if the 10 psychologist is licensed in more than one Compact State and is practicing under the 11 Temporary Authorization to Practice, the Home State is any Compact State where the 12 psychologist is licensed; 13 (O) "Identity History Summary" means: a summary of information 14 retained by the Federal Bureau of Investigation, or other designee with similar 15 authority, in connection with arrests and, in some instances, federal employment, 16 naturalization, or military service; 17 (P) "In-person, Face-to-Face" means: interactions in which the 18 psychologist and the client/patient are in the same physical space and which does not 19 include interactions that may occur through the use of telecommunication 20 technologies; 21 (Q) "Interjurisdictional Practice Certificate" and "IPC" mean: a 22 certificate issued by the Association of State and Provincial Psychology Boards that 23 grants temporary authority to practice based on notification to the State Psychology 24 Regulatory Authority of intention to practice temporarily, and verification of one's 25 qualifications for such practice; 26 (R) "License" means: authorization by a State Psychology Regulatory 27 Authority to engage in the independent practice of psychology, which would be 28 unlawful without the authorization; 29 (S) "Non-Compact State" means: any state which is not at the time a 30 Compact State; 31 (T) "Psychologist" means: an individual licensed for the independent
01 practice of psychology; 02 (U) "Psychology Interjurisdictional Compact Commission" and 03 "Commission" mean: the national administration of which all Compact States are 04 members; 05 (V) "Receiving State" means: a Compact State where the client/patient 06 is physically located when the telepsychological services are delivered; 07 (W) "Rule" means: a written statement by the Psychology 08 Interjurisdictional Compact Commission promulgated pursuant to Article XI of the 09 Compact that is of general applicability, implements, interprets, or prescribes a policy 10 or provision of the Compact, or an organizational, procedural, or practice requirement 11 of the Commission and has the force and effect of statutory law in a Compact State, 12 and includes the amendment, repeal or suspension of an existing Rule; 13 (X) "Significant Investigatory Information" means: 14 (1) investigative information that a State Psychology 15 Regulatory Authority, after a preliminary inquiry that includes notification and 16 an opportunity to respond if required by state law, has reason to believe, if 17 proven true, would indicate more than a violation of state statute or ethics code 18 that would be considered more substantial than a minor infraction; or 19 (2) investigative information that indicates that the 20 psychologist represents an immediate threat to public health and safety 21 regardless of whether the psychologist has been notified and/or had an 22 opportunity to respond; 23 (Y) "State" means: a state, commonwealth, territory, or possession of 24 the United States, or the District of Columbia; 25 (Z) "State Psychology Regulatory Authority" means: the board, office 26 or other agency with the legislative mandate to license and regulate the practice of 27 psychology; 28 (AA) "Telepsychology" means: the provision of psychological services 29 using telecommunication technologies; 30 (BB) "Temporary Authorization to Practice" means: a licensed 31 psychologist's authority to conduct temporary in-person, face-to-face practice, within
01 the limits authorized under this Compact, in another Compact State; 02 (CC) "Temporary In-Person, Face-to-Face Practice" means: where a 03 psychologist is physically present (not through the use of telecommunications 04 technologies), in the Distant State to provide for the practice of psychology for 30 05 days within a calendar year and based on notification to the Distant State. 06 ARTICLE III. HOME STATE LICENSURE. 07 (A) The Home State shall be a Compact State where a psychologist is licensed 08 to practice psychology. 09 (B) A psychologist may hold one or more Compact State licenses at a time. If 10 the psychologist is licensed in more than one Compact State, the Home State is the 11 Compact State where the psychologist is physically present when the services are 12 delivered as authorized by the Authority to Practice Interjurisdictional Telepsychology 13 under the terms of this Compact. 14 (C) Any Compact State may require a psychologist not previously licensed in 15 a Compact State to obtain and retain a license to be authorized to practice in the 16 Compact State under circumstances not authorized by the Authority to Practice 17 Interjurisdictional Telepsychology under the terms of this Compact. 18 (D) Any Compact State may require a psychologist to obtain and retain a 19 license to be authorized to practice in a Compact State under circumstances not 20 authorized by Temporary Authorization to Practice under the terms of this Compact. 21 (E) A Home State's license authorizes a psychologist to practice in a 22 Receiving State under the Authority to Practice Interjurisdictional Telepsychology 23 only if the Compact State: 24 (1) Currently requires the psychologist to hold an active E.Passport; 25 (2) Has a mechanism in place for receiving and investigating 26 complaints about licensed individuals; 27 (3) Notifies the Commission, in compliance with the terms herein, of 28 any adverse action or significant investigatory information regarding a licensed 29 individual; 30 (4) Requires an Identity History Summary of all applicants at initial 31 licensure, including the use of the results of fingerprints or other biometric data checks
01 compliant with the requirements of the Federal Bureau of Investigation, or other 02 designee with similar authority, no later than ten years after activation of the Compact; 03 and 04 (5) Complies with the Bylaws and Rules of the Commission. 05 (F) A Home State's license grants Temporary Authorization to Practice to a 06 psychologist in a Distant State only if the Compact State: 07 (1) Currently requires the psychologist to hold an active IPC; 08 (2) Has a mechanism in place for receiving and investigating 09 complaints about licensed individuals; 10 (3) Notifies the Commission, in compliance with the terms herein, of 11 any adverse action or significant investigatory information regarding a licensed 12 individual; 13 (4) Requires an Identity History Summary of all applicants at initial 14 licensure, including the use of the results of fingerprints or other biometric data checks 15 compliant with the requirements of the Federal Bureau of Investigation, or other 16 designee with similar authority, no later than ten years after activation of the Compact; 17 and 18 (5) Complies with the Bylaws and Rules of the Commission. 19 ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY. 20 (A) Compact States shall recognize the right of a psychologist, licensed in a 21 Compact State in conformance with Article III, to practice telepsychology in other 22 Compact States (Receiving States) in which the psychologist is not licensed, under the 23 Authority to Practice Interjurisdictional Telepsychology as provided in the Compact. 24 (B) To exercise the Authority to Practice Interjurisdictional Telepsychology 25 under the terms and provisions of this Compact, a psychologist licensed to practice in 26 a Compact State must: 27 (1) Hold a graduate degree in psychology from an institute of higher 28 education that was, at the time the degree was awarded: 29 (a) Regionally accredited by an accrediting body recognized by 30 the United States Department of Education to grant graduate degrees, or 31 authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or
01 (b) A foreign college or university deemed to be equivalent to 02 (B)(1)(a) of this Article by a foreign credential evaluation service that is a 03 member of the National Association of Credential Evaluation Services or by a 04 recognized foreign credential evaluation service; and 05 (2) Hold a graduate degree in psychology that meets the following 06 criteria: 07 (a) The program, wherever it may be administratively housed, 08 must be clearly identified and labeled as a psychology program. Such a 09 program must specify in pertinent institutional catalogues and brochures its 10 intent to educate and train professional psychologists; 11 (b) The psychology program must stand as a recognizable, 12 coherent, organizational entity within the institution; 13 (c) There must be a clear authority and primary responsibility 14 for the core and specialty areas whether or not the program cuts across 15 administrative lines; 16 (d) The program must consist of an integrated, organized 17 sequence of study; 18 (e) There must be an identifiable psychology faculty sufficient 19 in size and breadth to carry out its responsibilities; 20 (f) The designated director of the program must be a 21 psychologist and a member of the core faculty; 22 (g) The program must have an identifiable body of students 23 who are matriculated in that program for a degree; 24 (h) The program must include supervised practicum, internship, 25 or field training appropriate to the practice of psychology; 26 (i) The curriculum shall encompass a minimum of three 27 academic years of full-time graduate study for doctoral degree and a minimum 28 of one academic year of full-time graduate study for master's degree; 29 (j) The program includes an acceptable residency as defined by 30 the Rules of the Commission. 31 (3) Possess a current, full and unrestricted license to practice
01 psychology in a Home State which is a Compact State; 02 (4) Have no history of adverse action that violate the Rules of the 03 Commission; 04 (5) Have no criminal record history reported on an Identity History 05 Summary that violates the Rules of the Commission; 06 (6) Possess a current, active E.Passport; 07 (7) Provide attestations in regard to areas of intended practice, 08 conformity with standards of practice, competence in telepsychology technology; 09 criminal background; and knowledge and adherence to legal requirements in the Home 10 and Receiving States, and provide a release of information to allow for primary source 11 verification in a manner specified by the Commission; and 12 (8) Meet other criteria as defined by the Rules of the Commission. 13 (C) The Home State maintains authority over the license of any psychologist 14 practicing in a Receiving State under the Authority to Practice Interjurisdictional 15 Telepsychology. 16 (D) A psychologist practicing in a Receiving State under the Authority to 17 Practice Interjurisdictional Telepsychology will be subject to the Receiving State's 18 scope of practice. A Receiving State may, in accordance with that state's due process 19 law, limit or revoke a psychologist's Authority to Practice Interjurisdictional 20 Telepsychology in the Receiving State and may take any other necessary actions under 21 the Receiving State's applicable law to protect the health and safety of the Receiving 22 State's citizens. If a Receiving State takes action, the state shall promptly notify the 23 Home State and the Commission. 24 (E) If a psychologist's license in any Home State, another Compact State, or 25 any Authority to Practice Interjurisdictional Telepsychology in any Receiving State, is 26 restricted, suspended or otherwise limited, the E.Passport shall be revoked and 27 therefore the psychologist shall not be eligible to practice telepsychology in a 28 Compact State under the Authority to Practice Interjurisdictional Telepsychology. 29 ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE. 30 (A) Compact States shall also recognize the right of a psychologist, licensed in 31 a Compact State in conformance with Article III, to practice temporarily in other
01 Compact States (Distant States) in which the psychologist is not licensed, as provided 02 in the Compact. 03 (B) To exercise the Temporary Authorization to Practice under the terms and 04 provisions of this Compact, a psychologist licensed to practice in a Compact State 05 must: 06 (1) Hold a graduate degree in psychology from an institute of higher 07 education that was, at the time the degree was awarded: 08 (a) Regionally accredited by an accrediting body recognized by 09 the United States Department of Education to grant graduate degrees, or 10 authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or 11 (b) A foreign college or university deemed to be equivalent to 12 (B)(1)(a) of this Article by a foreign credential evaluation service that is a 13 member of the National Association of Credential Evaluation Services or by a 14 recognized foreign credential evaluation service; and 15 (2) Hold a graduate degree in psychology that meets the following 16 criteria: 17 (a) The program, wherever it may be administratively housed, 18 must be clearly identified and labeled as a psychology program. Such a 19 program must specify in pertinent institutional catalogues and brochures its 20 intent to educate and train professional psychologists; 21 (b) The psychology program must stand as a recognizable, 22 coherent, organizational entity within the institution; 23 (c) There must be a clear authority and primary responsibility 24 for the core and specialty areas whether or not the program cuts across 25 administrative lines; 26 (d) The program must consist of an integrated, organized 27 sequence of study; 28 (e) There must be an identifiable psychology faculty sufficient 29 in size and breadth to carry out its responsibilities; 30 (f) The designated director of the program must be a 31 psychologist and a member of the core faculty;
01 (g) The program must have an identifiable body of students 02 who are matriculated in that program for a degree; 03 (h) The program must include supervised practicum, internship, 04 or field training appropriate to the practice of psychology; 05 (i) The curriculum shall encompass a minimum of three 06 academic years of full-time graduate study for doctoral degrees and a 07 minimum of one academic year of full-time graduate study for master's degree; 08 (j) The program includes an acceptable residency as defined by 09 the Rules of the Commission. 10 (3) Possess a current, full and unrestricted license to practice 11 psychology in a Home State which is a Compact State; 12 (4) No history of adverse action that violate the Rules of the 13 Commission; 14 (5) No criminal record history that violates the Rules of the 15 Commission; 16 (6) Possess a current, active IPC; 17 (7) Provide attestations in regard to areas of intended practice and 18 work experience and provide a release of information to allow for primary source 19 verification in a manner specified by the Commission; and 20 (8) Meet other criteria as defined by the Rules of the Commission. 21 (C) A psychologist practicing in a Distant State under the Temporary 22 Authorization to Practice shall practice within the scope of practice authorized by the 23 Distant State. 24 (D) A psychologist practicing in a Distant State under the Temporary 25 Authorization to Practice will be subject to the Distant State's authority and law. A 26 Distant State may, in accordance with that state's due process law, limit or revoke a 27 psychologist's Temporary Authorization to Practice in the Distant State and may take 28 any other necessary actions under the Distant State's applicable law to protect the 29 health and safety of the Distant State's citizens. If a Distant State takes action, the state 30 shall promptly notify the Home State and the Commission. 31 (E) If a psychologist's license in any Home State, another Compact State, or
01 any Temporary Authorization to Practice in any Distant State, is restricted, suspended 02 or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not 03 be eligible to practice in a Compact State under the Temporary Authorization to 04 Practice. 05 ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING 06 STATE. 07 (A) A psychologist may practice in a Receiving State under the Authority to 08 Practice Interjurisdictional Telepsychology only in the performance of the scope of 09 practice for psychology as assigned by an appropriate State Psychology Regulatory 10 Authority, as defined in the Rules of the Commission, and under the following 11 circumstances: 12 (1) The psychologist initiates a client/patient contact in a Home State 13 via telecommunications technologies with a client/patient in a Receiving State; 14 (2) Other conditions regarding telepsychology as determined by Rules 15 promulgated by the Commission. 16 ARTICLE VII. ADVERSE ACTIONS. 17 (A) A Home State shall have the power to impose adverse action against a 18 psychologist's license issued by the Home State. A Distant State shall have the power 19 to take adverse action on a psychologist's Temporary Authorization to Practice within 20 that Distant State. 21 (B) A Receiving State may take adverse action on a psychologist's Authority 22 to Practice Interjurisdictional Telepsychology within that Receiving State. A Home 23 State may take adverse action against a psychologist based on an adverse action taken 24 by a Distant State regarding temporary in-person, face-to-face practice. 25 (C) If a Home State takes adverse action against a psychologist's license, that 26 psychologist's Authority to Practice Interjurisdictional Telepsychology is terminated 27 and the E.Passport is revoked. Furthermore, that psychologist's Temporary 28 Authorization to Practice is terminated and the IPC is revoked. 29 (1) All Home State disciplinary orders which impose adverse action 30 shall be reported to the Commission in accordance with the Rules promulgated by the 31 Commission. A Compact State shall report adverse actions in accordance with the
01 Rules of the Commission. 02 (2) In the event discipline is reported on a psychologist, the 03 psychologist will not be eligible for telepsychology or temporary in-person, face-to- 04 face practice in accordance with the Rules of the Commission. 05 (3) Other actions may be imposed as determined by the Rules 06 promulgated by the Commission. 07 (D) A Home State's psychology regulatory authority shall investigate and take 08 appropriate action with respect to reported inappropriate conduct engaged in by a 09 licensee which occurred in a Receiving State as it would if such conduct had occurred 10 by a licensee within the Home State. In such cases, the Home State's law shall control 11 in determining any adverse action against a psychologist's license. 12 (E) A Distant State's psychology regulatory authority shall investigate and 13 take appropriate action with respect to reported inappropriate conduct engaged in by a 14 psychologist practicing under temporary authorization practice which occurred in that 15 Distant State as it would if such conduct had occurred by a licensee within the Home 16 State. In such cases, Distant State's law shall control in determining any adverse action 17 against a psychologist's Temporary Authorization to Practice. 18 (F) Nothing in this Compact shall override a Compact State's decision that a 19 psychologist's participation in an alternative program may be used in lieu of adverse 20 action and that such participation shall remain non-public if required by the Compact 21 State's law. Compact States must require psychologists who enter any alternative 22 programs to not provide telepsychology services under the Authority to Practice 23 Interjurisdictional Telepsychology or provide temporary psychological services under 24 the Temporary Authorization to Practice in any other Compact State during the term 25 of the alternative program. 26 (G) No other judicial or administrative remedies shall be available to a 27 psychologist in the event a Compact State imposes an adverse action pursuant to (C) 28 of this Article. 29 ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S 30 PSYCHOLOGY REGULATORY AUTHORITY. 31 (A) In addition to any other powers granted under state law, a Compact State's
01 psychology regulatory authority shall have the authority under this Compact to: 02 (1) Issue subpoenas, for both hearings and investigations, which 03 require the attendance and testimony of witnesses and the production of evidence. 04 Subpoenas issued by a Compact State's psychology regulatory authority for the 05 attendance and testimony of witnesses, and/or the production of evidence from another 06 Compact State shall be enforced in the latter state by any court of competent 07 jurisdiction, according to that court's practice and procedure in considering subpoenas 08 issued in its own proceedings. The issuing State Psychology Regulatory Authority 09 shall pay any witness fees, travel expenses, mileage and other fees required by the 10 service statutes of the state where the witnesses and/or evidence are located; and 11 (2) Issue cease and desist and/or injunctive relief orders to revoke a 12 psychologist's Authority to Practice Interjurisdictional Telepsychology and/or 13 Temporary Authorization to Practice. 14 (3) During the course of any investigation, a psychologist may not 15 change his/her Home State licensure. A Home State Psychology Regulatory Authority 16 is authorized to complete any pending investigations of a psychologist and to take any 17 actions appropriate under its law. The Home State Psychology Regulatory Authority 18 shall promptly report the conclusions of such investigations to the Commission. Once 19 an investigation has been completed, and pending the outcome of said investigation, 20 the psychologist may change his/her Home State licensure. The Commission shall 21 promptly notify the new Home State of any such decisions as provided in the Rules of 22 the Commission. All information provided to the Commission or distributed by 23 Compact States pursuant to the psychologist shall be confidential, filed under seal and 24 used for investigatory or disciplinary matters. The Commission may create additional 25 Rules for mandated or discretionary sharing of information by Compact States. 26 ARTICLE IX. COORDINATED LICENSURE INFORMATION SYSTEM. 27 (A) The Commission shall provide for the development and maintenance of a 28 coordinated licensure information system (coordinated database) and reporting system 29 containing licensure and disciplinary action information on all licensees to whom this 30 Compact is applicable in all Compact States as defined by the Rules of the 31 Commission.
01 (B) Notwithstanding any other provision of state law to the contrary, a 02 Compact State shall submit a uniform data set to the coordinated database on all 03 licensees as required by the Rules of the Commission, including: 04 (1) Identifying information; 05 (2) Licensure data; 06 (3) Significant investigatory information; 07 (4) Adverse actions against a psychologist's license; 08 (5) An indicator that a psychologist's Authority to Practice 09 Interjurisdictional Telepsychology and/or Temporary Authorization to Practice is 10 revoked; 11 (6) Non-confidential information related to alternative program 12 participation information; 13 (7) Any denial of application for licensure, and the reasons for such 14 denial; and 15 (8) Other information which may facilitate the administration of this 16 Compact, as determined by the Rules of the Commission. 17 (C) The coordinated database administrator shall promptly notify all Compact 18 States of any adverse action taken against, or significant investigative information on, 19 any licensee in a Compact State. 20 (D) Compact States reporting information to the coordinated database may 21 designate information that may not be shared with the public without the express 22 permission of the Compact State reporting the information. 23 (E) Any information submitted to the coordinated database that is 24 subsequently required to be expunged by the law of the Compact State reporting the 25 information shall be removed from the coordinated database. 26 ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY 27 INTERJURISDICTIONAL COMPACT COMMISSION. 28 (A) The Compact States hereby create and establish a joint public agency 29 known as the Psychology Interjurisdictional Compact Commission. 30 (1) The Commission is a body politic and an instrumentality of the 31 Compact States.
01 (2) Venue is proper and judicial proceedings by or against the 02 Commission shall be brought solely and exclusively in a court of competent 03 jurisdiction where the principal office of the Commission is located. The Commission 04 may waive venue and jurisdictional defenses to the extent it adopts or consents to 05 participate in alternative dispute resolution proceedings. 06 (3) Nothing in this Compact shall be construed to be a waiver of 07 sovereign immunity. 08 (B) Membership, Voting, and Meetings. 09 (1) The Commission shall consist of one voting representative 10 appointed by each Compact State who shall serve as that state's commissioner. The 11 State Psychology Regulatory Authority shall appoint its delegate. This delegate shall 12 be empowered to act on behalf of the Compact State. This delegate shall be limited to: 13 (a) Executive director, executive secretary or similar executive; 14 (b) Current member of the State Psychology Regulatory 15 Authority of a Compact State; or 16 (c) Designee empowered with the appropriate delegate 17 authority to act on behalf of the Compact State. 18 (2) Any commissioner may be removed or suspended from office as 19 provided by the law of the state from which the commissioner is appointed. Any 20 vacancy occurring in the commission shall be filled in accordance with the laws of the 21 Compact State in which the vacancy exists. 22 (3) Each commissioner shall be entitled to one (1) vote with regard to 23 the promulgation of Rules and creation of Bylaws and shall otherwise have an 24 opportunity to participate in the business and affairs of the Commission. A 25 commissioner shall vote in person or by such other means as provided in the Bylaws. 26 The Bylaws may provide for commissioners' participation in meetings by telephone or 27 other means of communication. 28 (4) The Commission shall meet at least once during each calendar 29 year. Additional meetings shall be held as set forth in the Bylaws. 30 (5) All meetings shall be open to the public, and public notice of 31 meetings shall be given in the same manner as required under the rulemaking
01 provisions in Article XI. 02 (6) The Commission may convene in a closed, non-public meeting if 03 the Commission must discuss: 04 (a) Non-compliance of a Compact State with its obligations 05 under the Compact; 06 (b) The employment, compensation, discipline or other 07 personnel matters, practices or procedures related to specific employees or 08 other matters related to the Commission's internal personnel practices and 09 procedures; 10 (c) Current, threatened, or reasonably anticipated litigation 11 against the Commission; 12 (d) Negotiation of contracts for the purchase or sale of goods, 13 services or real estate; 14 (e) Accusation against any person of a crime or formally 15 censuring any person; 16 (f) Disclosure of trade secrets or commercial or financial 17 information which is privileged or confidential; 18 (g) Disclosure of information of a personal nature where 19 disclosure would constitute a clearly unwarranted invasion of personal privacy; 20 (h) Disclosure of investigatory records compiled for law 21 enforcement purposes; 22 (i) Disclosure of information related to any investigatory 23 reports prepared by or on behalf of or for use of the Commission or other 24 committee charged with responsibility for investigation or determination of 25 compliance issues pursuant to the Compact; or 26 (j) Matters specifically exempted from disclosure by federal 27 and state statute. 28 (7) If a meeting, or portion of a meeting, is closed pursuant to this 29 provision, the Commission's legal counsel or designee shall certify that the meeting 30 may be closed and shall reference each relevant exempting provision. The 31 Commission shall keep minutes which fully and clearly describe all matters discussed
01 in a meeting and shall provide a full and accurate summary of actions taken, of any 02 person participating in the meeting, and the reasons therefore, including a description 03 of the views expressed. All documents considered in connection with an action shall 04 be identified in such minutes. All minutes and documents of a closed meeting shall 05 remain under seal, subject to release only by a majority vote of the Commission or 06 order of a court of competent jurisdiction. 07 (C) The Commission shall, by a majority vote of the commissioners, prescribe 08 Bylaws and/or Rules to govern its conduct as may be necessary or appropriate to carry 09 out the purposes and exercise the powers of the Compact, including but not limited to: 10 (1) Establishing the fiscal year of the Commission; 11 (2) Providing reasonable standards and procedures: 12 (a) for the establishment and meetings of other committees; and 13 (b) governing any general or specific delegation of any 14 authority or function of the Commission; 15 (3) Providing reasonable procedures for calling and conducting 16 meetings of the Commission, ensuring reasonable advance notice of all meetings and 17 providing an opportunity for attendance of such meetings by interested parties, with 18 enumerated exceptions designed to protect the public's interest, the privacy of 19 individuals of such proceedings, and proprietary information, including trade secrets. 20 The Commission may meet in closed session only after a majority of the 21 commissioners vote to close a meeting to the public in whole or in part. As soon as 22 practicable, the Commission must make public a copy of the vote to close the meeting 23 revealing the vote of each commissioner with no proxy votes allowed; 24 (4) Establishing the titles, duties and authority and reasonable 25 procedures for the election of the officers of the Commission; 26 (5) Providing reasonable standards and procedures for the 27 establishment of the personnel policies and programs of the Commission. 28 Notwithstanding any civil service or other similar law of any Compact State, the 29 Bylaws shall exclusively govern the personnel policies and programs of the 30 Commission; 31 (6) Promulgating a Code of Ethics to address permissible and
01 prohibited activities of Commission members and employees; 02 (7) Providing a mechanism for concluding the operations of the 03 Commission and the equitable disposition of any surplus funds that may exist after the 04 termination of the Compact after the payment and/or reserving of all of its debts and 05 obligations; 06 (8) The Commission shall publish its Bylaws in a convenient form and 07 file a copy thereof and a copy of any amendment thereto, with the appropriate agency 08 or officer in each of the Compact States; 09 (9) The Commission shall maintain its financial records in accordance 10 with the Bylaws; and 11 (10) The Commission shall meet and take such actions as are 12 consistent with the provisions of this Compact and the Bylaws. 13 (D) The Commission shall have the following powers: 14 (1) The authority to promulgate uniform Rules to facilitate and 15 coordinate implementation and administration of this Compact. The Rules shall have 16 the force and effect of law and shall be binding in all Compact States; 17 (2) To bring and prosecute legal proceedings or actions in the name of 18 the Commission, provided that the standing of any State Psychology Regulatory 19 Authority or other regulatory body responsible for psychology licensure to sue or be 20 sued under applicable law shall not be affected; 21 (3) To purchase and maintain insurance and bonds; 22 (4) To borrow, accept or contract for services of personnel, including, 23 but not limited to, employees of a Compact State; 24 (5) To hire employees, elect or appoint officers, fix compensation, 25 define duties, grant such individuals appropriate authority to carry out the purposes of 26 the Compact, and to establish the Commission's personnel policies and programs 27 relating to conflicts of interest, qualifications of personnel, and other related personnel 28 matters; 29 (6) To accept any and all appropriate donations and grants of money, 30 equipment, supplies, materials and services, and to receive, utilize and dispose of the 31 same; provided that at all times the Commission shall strive to avoid any appearance
01 of impropriety and/or conflict of interest; 02 (7) To lease, purchase, accept appropriate gifts or donations of, or 03 otherwise to own, hold, improve or use, any property, real, personal or mixed; 04 provided that at all times the Commission shall strive to avoid any appearance of 05 impropriety; 06 (8) To sell, convey, mortgage, pledge, lease, exchange, abandon or 07 otherwise dispose of any property real, personal or mixed; 08 (9) To establish a budget and make expenditures; 09 (10) To borrow money; 10 (11) To appoint committees, including advisory committees comprised 11 of members, state regulators, state legislators or their representatives, and consumer 12 representatives, and such other interested persons as may be designated in this 13 Compact and the Bylaws; 14 (12) To provide and receive information from, and to cooperate with, 15 law enforcement agencies; 16 (13) To adopt and use an official seal; and 17 (14) To perform such other functions as may be necessary or 18 appropriate to achieve the purposes of this Compact consistent with the state 19 regulation of psychology licensure, temporary in-person, face-to-face practice and 20 telepsychology practice. 21 (E) The Executive Board. 22 The elected officers shall serve as the Executive Board, which shall 23 have the power to act on behalf of the Commission according to the terms of this 24 Compact. 25 (1) The Executive Board shall be comprised of six members: 26 (a) Five voting members who are elected from the current 27 membership of the Commission by the Commission; 28 (b) One ex-officio, nonvoting member from the recognized 29 membership organization composed of state and provincial psychology 30 regulatory authorities. 31 (2) The ex-officio member must have served as staff or member on a
01 State Psychology Regulatory Authority and will be selected by its respective 02 organization. 03 (3) The Commission may remove any member of the Executive Board 04 as provided in Bylaws. 05 (4) The Executive Board shall meet at least annually. 06 (5) The Executive Board shall have the following duties and 07 responsibilities: 08 (a) Recommend to the entire Commission changes to the Rules 09 or Bylaws, changes to this Compact legislation, fees paid by Compact States 10 such as annual dues, and any other applicable fees; 11 (b) Ensure Compact administration services are appropriately 12 provided, contractual or otherwise; 13 (c) Prepare and recommend the budget; 14 (d) Maintain financial records on behalf of the Commission; 15 (e) Monitor Compact compliance of member states and provide 16 compliance reports to the Commission; 17 (f) Establish additional committees as necessary; and 18 (g) Other duties as provided in Rules or Bylaws. 19 (F) Financing of the Commission. 20 (1) The Commission shall pay, or provide for the payment of the 21 reasonable expenses of its establishment, organization and ongoing activities. 22 (2) The Commission may accept any and all appropriate revenue 23 sources, donations and grants of money, equipment, supplies, materials and services. 24 (3) The Commission may levy on and collect an annual assessment 25 from each Compact State or impose fees on other parties to cover the cost of the 26 operations and activities of the Commission and its staff which must be in a total 27 amount sufficient to cover its annual budget as approved each year for which revenue 28 is not provided by other sources. The aggregate annual assessment amount shall be 29 allocated based upon a formula to be determined by the Commission which shall 30 promulgate a Rule binding upon all Compact States. 31 (4) The Commission shall not incur obligations of any kind prior to
01 securing the funds adequate to meet the same; nor shall the Commission pledge the 02 credit of any of the Compact States, except by and with the authority of the Compact 03 State. 04 (5) The Commission shall keep accurate accounts of all receipts and 05 disbursements. The receipts and disbursements of the Commission shall be subject to 06 the audit and accounting procedures established under its Bylaws. However, all 07 receipts and disbursements of funds handled by the Commission shall be audited 08 yearly by a certified or licensed public accountant and the report of the audit shall be 09 included in and become part of the annual report of the Commission. 10 (G) Qualified Immunity, Defense, and Indemnification. 11 (1) The members, officers, Executive Director, employees and 12 representatives of the Commission shall be immune from suit and liability, either 13 personally or in their official capacity, for any claim for damage to or loss of property 14 or personal injury or other civil liability caused by or arising out of any actual or 15 alleged act, error or omission that occurred, or that the person against whom the claim 16 is made had a reasonable basis for believing occurred within the scope of Commission 17 employment, duties or responsibilities; provided that nothing in this paragraph shall be 18 construed to protect any such person from suit and/or liability for any damage, loss, 19 injury or liability caused by the intentional or willful or wanton misconduct of that 20 person. 21 (2) The Commission shall defend any member, officer, Executive 22 Director, employee or representative of the Commission in any civil action seeking to 23 impose liability arising out of any actual or alleged act, error or omission that occurred 24 within the scope of Commission employment, duties or responsibilities, or that the 25 person against whom the claim is made had a reasonable basis for believing occurred 26 within the scope of Commission employment, duties or responsibilities; provided that 27 nothing herein shall be construed to prohibit that person from retaining his or her own 28 counsel; and provided further, that the actual or alleged act, error or omission did not 29 result from that person's intentional or willful or wanton misconduct. 30 (3) The Commission shall indemnify and hold harmless any member, 31 officer, Executive Director, employee or representative of the Commission for the
01 amount of any settlement or judgment obtained against that person arising out of any 02 actual or alleged act, error or omission that occurred within the scope of Commission 03 employment, duties or responsibilities, or that such person had a reasonable basis for 04 believing occurred within the scope of Commission employment, duties or 05 responsibilities, provided that the actual or alleged act, error or omission did not result 06 from the intentional or willful or wanton misconduct of that person. 07 ARTICLE XI. RULEMAKING. 08 (A) The Commission shall exercise its rulemaking powers pursuant to the 09 criteria set forth in this Article and the Rules adopted thereunder. Rules and 10 amendments shall become binding as of the date specified in each Rule or amendment. 11 (B) If a majority of the legislatures of the Compact States rejects a Rule, by 12 enactment of a statute or resolution in the same manner used to adopt the Compact, 13 then such Rule shall have no further force and effect in any Compact State. 14 (C) Rules or amendments to the Rules shall be adopted at a regular or special 15 meeting of the Commission. 16 (D) Prior to promulgation and adoption of a final Rule or Rules by the 17 Commission, and at least sixty (60) days in advance of the meeting at which the Rule 18 will be considered and voted upon, the Commission shall file a notice of proposed 19 rulemaking: 20 (1) On the website of the Commission; and 21 (2) On the website of each Compact States' psychology regulatory 22 authority or the publication in which each state would otherwise publish proposed 23 Rules. 24 (E) The notice of proposed rulemaking shall include: 25 (1) The proposed time, date, and location of the meeting in which the 26 Rule will be considered and voted upon; 27 (2) The text of the proposed Rule or amendment and the reason for the 28 proposed Rule; 29 (3) A request for comments on the proposed Rule from any interested 30 person; and 31 (4) The manner in which interested persons may submit notice to the
01 Commission of their intention to attend the public hearing and any written comments. 02 (F) Prior to adoption of a proposed Rule, the Commission shall allow persons 03 to submit written data, facts, opinions and arguments, which shall be made available to 04 the public. 05 (G) The Commission shall grant an opportunity for a public hearing before it 06 adopts a Rule or amendment if a hearing is requested by: 07 (1) At least twenty-five (25) persons who submit comments 08 independently of each other; 09 (2) A governmental subdivision or agency; or 10 (3) A duly appointed person in an association that has at least twenty- 11 five (25) members. 12 (H) If a hearing is held on the proposed Rule or amendment, the Commission 13 shall publish the place, time, and date of the scheduled public hearing. 14 (1) All persons wishing to be heard at the hearing shall notify the 15 Executive Director of the Commission or other designated member in writing of their 16 desire to appear and testify at the hearing not less than five (5) business days before 17 the scheduled date of the hearing. 18 (2) Hearings shall be conducted in a manner providing each person 19 who wishes to comment a fair and reasonable opportunity to comment orally or in 20 writing. 21 (3) No transcript of the hearing is required, unless a written request for 22 a transcript is made, in which case the person requesting the transcript shall bear the 23 cost of producing the transcript. A recording may be made in lieu of a transcript under 24 the same terms and conditions as a transcript. This subsection shall not preclude the 25 Commission from making a transcript or recording of the hearing if it so chooses. 26 (4) Nothing in this section shall be construed as requiring a separate 27 hearing on each Rule. Rules may be grouped for the convenience of the Commission 28 at hearings required by this section. 29 (I) Following the scheduled hearing date, or by the close of business on the 30 scheduled hearing date if the hearing was not held, the Commission shall consider all 31 written and oral comments received.
01 (J) The Commission shall, by majority vote of all members, take final action 02 on the proposed Rule and shall determine the effective date of the Rule, if any, based 03 on the rulemaking record and the full text of the Rule. 04 (K) If no written notice of intent to attend the public hearing by interested 05 parties is received, the Commission may proceed with promulgation of the proposed 06 Rule without a public hearing. 07 (L) Upon determination that an emergency exists, the Commission may 08 consider and adopt an emergency Rule without prior notice, opportunity for comment, 09 or hearing, provided that the usual rulemaking procedures provided in the Compact 10 and in this section shall be retroactively applied to the Rule as soon as reasonably 11 possible, in no event later than ninety (90) days after the effective date of the Rule. For 12 the purposes of this provision, an emergency Rule is one that must be adopted 13 immediately in order to: 14 (1) Meet an imminent threat to public health, safety, or welfare; 15 (2) Prevent a loss of Commission or Compact State funds; 16 (3) Meet a deadline for the promulgation of an administrative rule that 17 is established by federal law or rule; or 18 (4) Protect public health and safety. 19 (M) The Commission or an authorized committee of the Commission may 20 direct revisions to a previously adopted Rule or amendment for purposes of correcting 21 typographical errors, errors in format, errors in consistency, or grammatical errors. 22 Public notice of any revisions shall be posted on the website of the Commission. The 23 revision shall be subject to challenge by any person for a period of thirty (30) days 24 after posting. The revision may be challenged only on grounds that the revision results 25 in a material change to a Rule. A challenge shall be made in writing, and delivered to 26 the chair of the Commission prior to the end of the notice period. If no challenge is 27 made, the revision will take effect without further action. If the revision is challenged, 28 the revision may not take effect without the approval of the Commission. 29 ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 30 (A) Oversight 31 (1) The executive, legislative and judicial branches of state
01 government in each Compact State shall enforce this Compact and take all actions 02 necessary and appropriate to effectuate the Compact's purposes and intent. The 03 provisions of this Compact and the Rules promulgated hereunder shall have standing 04 as statutory law. 05 (2) All courts shall take judicial notice of the Compact and the Rules in 06 any judicial or administrative proceeding in a Compact State pertaining to the subject 07 matter of this Compact which may affect the powers, responsibilities or actions of the 08 Commission. 09 (3) The Commission shall be entitled to receive service of process in 10 any such proceeding, and shall have standing to intervene in such a proceeding for all 11 purposes. Failure to provide service of process to the Commission shall render a 12 judgment or order void as to the Commission, this Compact or promulgated Rules. 13 (B) Default, Technical Assistance, and Termination 14 (1) If the Commission determines that a Compact State has defaulted 15 in the performance of its obligations or responsibilities under this Compact or the 16 promulgated Rules, the Commission shall: 17 (a) Provide written notice to the defaulting state and other 18 Compact States of the nature of the default, the proposed means of remedying 19 the default and/or any other action to be taken by the Commission; and 20 (b) Provide remedial training and specific technical assistance 21 regarding the default. 22 (2) If a state in default fails to remedy the default, the defaulting state 23 may be terminated from the Compact upon an affirmative vote of a majority of the 24 Compact States, and all rights, privileges and benefits conferred by this Compact shall 25 be terminated on the effective date of termination. A remedy of the default does not 26 relieve the offending state of obligations or liabilities incurred during the period of 27 default. 28 (3) Termination of membership in the Compact shall be imposed only 29 after all other means of securing compliance have been exhausted. Notice of intent to 30 suspend or terminate shall be submitted by the Commission to the governor, the 31 majority and minority leaders of the defaulting state's legislature, and each of the
01 Compact States. 02 (4) A Compact State which has been terminated is responsible for all 03 assessments, obligations and liabilities incurred through the effective date of 04 termination, including obligations which extend beyond the effective date of 05 termination. 06 (5) The Commission shall not bear any costs incurred by the state 07 which is found to be in default or which has been terminated from the Compact, unless 08 agreed upon in writing between the Commission and the defaulting state. 09 (6) The defaulting state may appeal the action of the Commission by 10 petitioning the United States District Court for the State of Georgia or the federal 11 district where the Compact has its principal offices. The prevailing member shall be 12 awarded all costs of such litigation, including reasonable attorney's fees. 13 (C) Dispute Resolution 14 (1) Upon request by a Compact State, the Commission shall attempt to 15 resolve disputes related to the Compact which arise among Compact States and 16 between Compact and Non-Compact States. 17 (2) The Commission shall promulgate a Rule providing for both 18 mediation and binding dispute resolution for disputes that arise before the 19 Commission. 20 (D) Enforcement 21 (1) The Commission, in the reasonable exercise of its discretion, shall 22 enforce the provisions and Rules of this Compact. 23 (2) By majority vote, the Commission may initiate legal action in the 24 United States District Court for the State of Georgia or the federal district where the 25 Compact has its principal offices against a Compact State in default to enforce 26 compliance with the provisions of the Compact and its promulgated Rules and 27 Bylaws. The relief sought may include both injunctive relief and damages. In the event 28 judicial enforcement is necessary, the prevailing member shall be awarded all costs of 29 such litigation, including reasonable attorney's fees. 30 (3) The remedies herein shall not be the exclusive remedies of the 31 Commission. The Commission may pursue any other remedies available under federal
01 or state law. 02 ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY 03 INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED 04 RULES, WITHDRAWAL, AND AMENDMENTS. 05 (A) The Compact shall come into effect on the date on which the Compact is 06 enacted into law in the seventh Compact State. The provisions which become effective 07 at that time shall be limited to the powers granted to the Commission relating to 08 assembly and the promulgation of Rules. Thereafter, the Commission shall meet and 09 exercise rulemaking powers necessary to the implementation and administration of the 10 Compact. 11 (B) Any state which joins the Compact subsequent to the Commission's initial 12 adoption of the Rules shall be subject to the Rules as they exist on the date on which 13 the Compact becomes law in that state. Any Rule which has been previously adopted 14 by the Commission shall have the full force and effect of law on the day the Compact 15 becomes law in that state. 16 (C) Any Compact State may withdraw from this Compact by enacting a 17 statute repealing the same. 18 (1) A Compact State's withdrawal shall not take effect until six (6) 19 months after enactment of the repealing statute. 20 (2) Withdrawal shall not affect the continuing requirement of the 21 withdrawing state's psychology regulatory authority to comply with the investigative 22 and adverse action reporting requirements of this act prior to the effective date of 23 withdrawal. 24 (D) Nothing contained in this Compact shall be construed to invalidate or 25 prevent any psychology licensure agreement or other cooperative arrangement 26 between a Compact State and a Non-Compact State which does not conflict with the 27 provisions of this Compact. 28 (E) This Compact may be amended by the Compact States. No amendment to 29 this Compact shall become effective and binding upon any Compact State until it is 30 enacted into the law of all Compact States. 31 ARTICLE XIV. CONSTRUCTION AND SEVERABILITY.
01 This Compact shall be liberally construed so as to effectuate the purposes 02 thereof. If this Compact shall be held contrary to the constitution of any state member 03 thereto, the Compact shall remain in full force and effect as to the remaining Compact 04 States. 05 * Sec. 20. AS 08 is amended by adding a new chapter to read: 06 Chapter 90. Respiratory Care Practitioners. 07 Sec. 08.90.010. License required. Unless licensed under this chapter, a person 08 may not 09 (1) practice respiratory care; or 10 (2) represent that the person is a respiratory care practitioner, including 11 using the titles "licensed respiratory care practitioner" or "R.C.P." or any other words, 12 abbreviations, signs, or symbols indicating that the person is a licensee. 13 Sec. 08.90.020. Licensure. (a) The department shall issue a license to practice 14 respiratory care to an applicant who submits to the department written evidence, 15 verified by oath, that the applicant 16 (1) holds a respiratory therapist certification from a nationally 17 recognized organization for respiratory therapists that is approved by the department 18 in regulation; 19 (2) has paid the required fees; and 20 (3) has met all other requirements established by the department in 21 regulation. 22 (b) The department shall issue a license to practice respiratory care to an 23 applicant who submits to the department, before the date that is one year after the 24 effective date of secs. 1 - 3, 21 - 30, 34, 35, 38, and 41 of this Act, the required fees 25 and written evidence, verified by oath, that the applicant was employed in the state to 26 practice respiratory care under the direction of a physician on or before the effective 27 date of secs. 1 - 3, 21 - 30, 34, 35, 38, and 41 of this Act. An applicant issued a license 28 under this subsection may renew the license without meeting the initial licensure 29 requirement provided under (a)(1) of this section, but is otherwise subject to this 30 chapter. 31 Sec. 08.90.030. Licensure by credentials. The department shall issue a license
01 by credentials to practice respiratory care to an applicant who submits to the 02 department written evidence, verified by oath, that the applicant 03 (1) is currently licensed to practice respiratory care in another state, a 04 territory of the United States, or a foreign country with requirements for licensure that 05 the department determines are substantially equivalent to those required under this 06 chapter; 07 (2) has current valid credentials as a registered respiratory therapist 08 conferred by a nationally recognized organization for respiratory therapists that is 09 approved by the department in regulation; 10 (3) paid the required fees; and 11 (4) met all other requirements established by the department in 12 regulation. 13 Sec. 08.90.040. Evidence of licensure in other jurisdictions. An applicant for 14 a license under AS 08.90.020 or 08.90.030 must submit evidence to the department of 15 all licenses granted to the applicant to practice respiratory care in another state, a 16 territory of the United States, or a foreign country and whether that license is in good 17 standing. 18 Sec. 08.90.050. License renewal. The department may renew a license issued 19 under this chapter only if the licensee successfully completes 20 credit hours of 20 continuing respiratory care education during the concluding licensing period. 21 Sec. 08.90.060. Scope of practice of respiratory care; qualified medical 22 directors. (a) A licensee may, under the supervision of a qualified medical director 23 and as authorized either under a medically approved protocol or under a written or oral 24 order from an authorized provider, perform the management, rehabilitation, diagnostic 25 evaluation, and care of a patient with a deficiency or abnormality of the 26 cardiopulmonary system and associated aspects of other system functions, including 27 (1) providing pulmonary care services that are safe, aseptic, and 28 preventive or restorative to the patient; 29 (2) administering to the patient pharmacological, diagnostic, and 30 therapeutic agents related to respiratory care procedures that are necessary to 31 implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic
01 regimen prescribed by an authorized provider; 02 (3) making observations of the patient and monitoring the patient's 03 signs, symptoms, behavior, and physical responses to respiratory therapy treatment to 04 determine whether the patient exhibits any abnormal characteristics and, based on 05 those determinations, refer the patient, implement respiratory therapy protocols, or 06 change the patient's treatment regimen; 07 (4) employing on the patient the diagnostic or therapeutic use of 08 (A) medical gases, excluding general anesthesia; 09 (B) aerosols; 10 (C) humidification; 11 (D) pharmacological agents related to respiratory care 12 procedures; 13 (E) mechanical or physiological ventilatory support; 14 (F) bronchopulmonary hygiene procedures; 15 (G) oxygen therapy; 16 (H) telehealth as permitted under AS 08.02.130; 17 (I) cardiopulmonary disease management; and 18 (J) instruction on tobacco cessation; 19 (5) diagnostic or therapeutic techniques that may be medically 20 essential to maintaining the patient's good respiratory health, including 21 (A) maintaining natural airways; 22 (B) inserting, without cutting tissue, and maintaining artificial 23 airways; 24 (C) collecting blood and other body fluids, including specimens 25 from the respiratory tract; 26 (D) collecting inspired and expired gas samples; 27 (E) analyzing blood samples and respiratory secretions; 28 (F) measuring ventilatory volumes, pressures, and flows; 29 (G) measuring hemodynamic and other physiological 30 parameters of the cardiopulmonary system; 31 (H) performing cardiopulmonary resuscitation; and
01 (I) implementing and maintaining environmental control 02 systems and hyperbaric therapy; 03 (6) transcribing the written or oral orders of an authorized provider 04 regarding the patient; 05 (7) providing instruction and education to the patient on the proper 06 methods of providing self-care and preventing cardiopulmonary disease and other 07 conditions requiring the use of respiratory care equipment and techniques; 08 (8) participating in air and ground transport of the patient; 09 (9) inserting and maintaining invasive lines for the patient; 10 (10) managing and maintaining an extracorporeal membrane 11 oxygenation unit for the patient; 12 (11) determining which medically approved respiratory care protocols 13 should be followed for the patient, in the absence of an authorized provider, during an 14 emergency; 15 (12) establishing procedures for administering treatment and testing of 16 the patient ordered by an authorized provider to aid diagnosis, patient health 17 monitoring, or medical research; and 18 (13) providing inhalation and respiratory therapy to the patient. 19 (b) A licensee may practice respiratory care in a clinic, hospital, skilled 20 nursing facility, or private dwelling. A licensee may practice respiratory care in 21 another location if the department determines that the location is appropriate or 22 necessary, the location is authorized by a physician in a written or oral order, and the 23 practices performed at the location are performed under the supervision of a qualified 24 medical director. 25 (c) A licensee may perform advanced techniques not ordinarily in the scope of 26 practice of respiratory care if the licensee has received formal training to perform 27 those techniques from a respiratory care educational program that 28 (1) is accredited, supervised, and structured; 29 (2) evaluated the competence of the licensee through a standardized 30 testing mechanism; and 31 (3) included clinical, didactic, and laboratory activities.
01 (d) A qualified medical director supervising a licensee under (a) of this section 02 shall be readily accessible to the licensee and is responsible for the quality, safety, and 03 appropriateness of the respiratory care services provided by the licensee. 04 (e) In this section, 05 (1) "authorized provider" means a physician or physician assistant 06 licensed under AS 08.64 or advanced practice registered nurse licensed under 07 AS 08.68 acting within the scope of the license; 08 (2) "home health agency" means a public agency or private 09 organization, or a subdivision of a public agency or private organization, that 10 primarily engages in providing skilled nursing services in combination with 11 respiratory therapy, physical therapy, occupational therapy, speech therapy, or services 12 provided by a home health aide to an individual in the individual's home, an assisted 13 living home, or another residential setting; 14 (3) "public agency" means an agency operated by the state or a local 15 government; 16 (4) "qualified medical director" means a physician who 17 (A) is licensed to practice medicine in the state and is legally 18 authorized to direct an inpatient or outpatient health care organization, home 19 health agency, assisted living home, or the health care division or department 20 of a hospital, medical clinic, or other medical health maintenance facility; and 21 (B) has substantial professional training or experience in the 22 management of acute and chronic respiratory disorders; 23 (5) "subdivision" means a component of a multi-function facility or 24 home health agency, such as the home health care division of a hospital or the division 25 of a public agency, that independently meets the requirements for licensure as a home 26 health agency. 27 Sec. 08.90.070. Disciplinary sanctions. (a) The department may revoke, 28 suspend, or refuse to issue a license to a person if the department finds that the person 29 (1) secured or attempted to secure a license to practice respiratory care 30 through fraud, deceit, or intentional misrepresentation; 31 (2) is unfit or incompetent to practice respiratory care;
01 (3) uses drugs or alcohol in a manner that affects the person's ability to 02 practice respiratory care competently and safely; 03 (4) engaged in dishonest or unethical conduct in connection with the 04 delivery of respiratory care services to patients; 05 (5) used or attempted to use as valid a license to practice respiratory 06 care that was illegally or fraudulently obtained; 07 (6) practiced respiratory care after the revocation, suspension, or 08 expiration of the person's license; 09 (7) failed to meet the standards of practice for respiratory care, 10 including 11 (A) wilfully and repeatedly ordering and performing laboratory 12 tests or studies that were unnecessary and clinically unjustifiable; or 13 (B) administrating treatment that was unnecessary and 14 clinically unjustifiable; 15 (8) violated, or aided or abetted another person in violating, this 16 chapter; 17 (9) has been convicted of 18 (A) a felony that materially affects the ability to safely practice 19 respiratory care; or 20 (B) insurance fraud; 21 (10) failed to disclose that a license to practice respiratory care in 22 another state, a territory of the United States, or a foreign country is not in good 23 standing. 24 (b) When determining whether to refuse to issue a license to an applicant or 25 impose a disciplinary sanction on a licensee under (a)(3) of this section, the 26 department shall consider whether an applicant or licensee is participating in a 27 substance abuse program. 28 Sec. 08.90.080. Exceptions. (a) This chapter does not apply to 29 (1) a person licensed in this state under a statute outside this chapter 30 who performs respiratory care within the scope of practice for which the person's 31 license was issued;
01 (2) a student enrolled in an accredited respiratory care educational 02 program who is 03 (A) practicing respiratory care as an integral part of the 04 program; or 05 (B) practicing respiratory care, within limits established by the 06 department, as an employee of a health care provider while a licensee or 07 physician is available to communicate with, consult with, and assist the 08 student; 09 (3) a person who is not a licensee and practices respiratory care as self- 10 care or care for a member of the person's family; 11 (4) a person practicing respiratory care in an emergency; 12 (5) a person practicing respiratory care within the scope of the person's 13 duties while 14 (A) in the armed forces of the United States; or 15 (B) working in a federal facility; 16 (6) a person employed in a diagnostic laboratory, physician's office, 17 clinic, or outpatient treatment facility that is administering treatment or performing 18 diagnostic procedures in that location under the direction of a physician; and 19 (7) a person employed by a durable or home medical equipment 20 company who delivers, calibrates, or maintains respiratory care equipment and does 21 not assess or evaluate patients. 22 (b) A student practicing respiratory care shall use the title 23 (1) "student respiratory care practitioner" or "student R.C.P." if 24 practicing under (a)(2)(A) of this section; and 25 (2) "student respiratory care practitioner," "trainee respiratory care 26 practitioner," "student R.C.P.," or "trainee R.C.P." if practicing under (a)(2)(B) of this 27 section. 28 Sec. 08.90.090. Criminal penalty. A person who violates or aids a person in a 29 violation of this chapter is guilty of a class B misdemeanor. 30 Sec. 08.90.100. Regulations. The department may adopt regulations to carry 31 out the purposes of this chapter.
01 Sec. 08.90.990. Definitions. In this chapter, 02 (1) "accredited respiratory care educational program" means a 03 respiratory care educational program that is 04 (A) accredited by a national health education accrediting body 05 in collaboration with a national respiratory care accrediting body; and 06 (B) approved by the department; 07 (2) "department" means the Department of Commerce, Community, 08 and Economic Development; 09 (3) "licensee" means a person licensed to practice respiratory care 10 under this chapter; 11 (4) "physician" means a person licensed as a physician under 12 AS 08.64. 13 * Sec. 21. AS 08.95.030 is amended to read: 14 Sec. 08.95.030. Duties. The board shall 15 (1) issue licenses to qualified applicants; 16 (2) adopt regulations 17 (A) requiring that continuing education requirements be 18 satisfied before a license is renewed; 19 (B) establishing a code of professional ethics that a licensee 20 must observe; 21 (C) establishing standards of practice for social work 22 performed by a licensee; [AND] 23 (D) establishing standards for supervisors and for supervision 24 that is required for licensure under AS 08.95.110(a); and 25 (E) [(3) ADOPT REGULATIONS] necessary to carry out the 26 duties and purpose of this chapter; 27 (3) implement the Social Work Licensure Compact enacted under 28 AS 08.95.200; and 29 (4) appoint a member of the board to serve as a delegate on the 30 Social Work Licensure Compact Commission established under AS 08.95.200. 31 * Sec. 22. AS 08.95.100(a) is amended to read:
01 (a) A person who practices clinical social work without obtaining a license 02 under this chapter to practice clinical social work is guilty of a class B misdemeanor 03 unless the person is 04 (1) licensed under a provision of this title that is outside this chapter, is 05 practicing within the scope of that license, and is not representing to the public by title 06 or description of service as being engaged in the practice of clinical social work; [OR] 07 (2) practicing clinical social work as a student in a social work 08 program approved by the board; or 09 (3) practicing clinical social work under a multistate authorization 10 to practice. 11 * Sec. 23. AS 08.95.100(b) is amended to read: 12 (b) A person is guilty of a class B misdemeanor if the person does not hold a 13 valid license or multistate authorization to practice [IS NOT LICENSED] 14 (1) under this chapter and uses the title "social worker" unless the 15 person is exempt from licensure under AS 08.95.911; 16 (2) as a clinical social worker under this chapter [OR HAS A 17 CLINICAL SOCIAL WORKER LICENSE THAT IS SUSPENDED, REVOKED, OR 18 LAPSED,] and the person 19 (A) uses in connection with the person's name the words or 20 letters "L.C.S.W.," "Licensed Clinical Social Worker," or other letters, words, 21 or insignia indicating or implying that the person is a licensed clinical social 22 worker; or 23 (B) in any way, orally or in writing, directly or by implication, 24 holds out as a licensed clinical social worker; 25 (3) as a master social worker under this chapter [OR HAS A MASTER 26 SOCIAL WORKER LICENSE THAT IS SUSPENDED, REVOKED, OR LAPSED,] 27 and the person 28 (A) uses in connection with the person's name the words or 29 letters "L.M.S.W.," "Licensed Master Social Worker," or other letters, words, 30 or insignia indicating or implying that the person is a licensed master social 31 worker; or
01 (B) in any way, orally or in writing, directly or by implication, 02 holds out as being a licensed master social worker; or 03 (4) as a baccalaureate social worker under this chapter [OR HAS A 04 BACCALAUREATE SOCIAL WORKER LICENSE THAT IS SUSPENDED, 05 REVOKED, OR LAPSED,] and the person 06 (A) uses in connection with the person's name the words or 07 letters "L.B.S.W.," "Licensed Baccalaureate Social Worker," or other letters, 08 words, or insignia indicating or implying that the person is a licensed 09 baccalaureate social worker; or 10 (B) in any way, orally or in writing, directly or by implication, 11 holds out as being a licensed baccalaureate social worker. 12 * Sec. 24. AS 08.95.110 is amended by adding a new subsection to read: 13 (d) An applicant for a multistate license as a social worker under 14 AS 08.95.200 shall submit, along with the application, the applicant's fingerprints and 15 the fees required by the Department of Public Safety under AS 12.62.160 for criminal 16 justice information and a national criminal history record check. The board shall 17 forward the fingerprints and fees to the Department of Public Safety to obtain a report 18 of criminal justice information under AS 12.62 and a national criminal history record 19 check under AS 12.62.400. Criminal justice information and criminal history record 20 information obtained under this subsection may only be used by the board for the 21 purpose of determining an applicant's qualifications and fitness for a multistate license 22 under this chapter. 23 * Sec. 25. AS 08.95.120 is amended by adding a new subsection to read: 24 (c) This section does not apply to an applicant who is a regulated social 25 worker. 26 * Sec. 26. AS 08.95.125 is amended by adding a new subsection to read: 27 (f) This section does not apply to an applicant who is a regulated social 28 worker. 29 * Sec. 27. AS 08.95 is amended by adding a new section to read: 30 Article 2A. Social Work Licensure Compact. 31 Sec. 08.95.200. Compact enacted. The Social Work Licensure Compact as
01 contained in this section is enacted into law and entered into on behalf of the state with 02 all other states and jurisdictions legally joining it in a form substantially as follows: 03 SECTION 1. PURPOSE. 04 The purpose of this Compact is to facilitate interstate practice of Regulated 05 Social Workers by improving public access to competent Social Work Services. The 06 Compact preserves the regulatory authority of States to protect public health and 07 safety through the current system of State licensure. 08 This Compact is designed to achieve the following objectives: 09 (A) Increase public access to Social Work Services; 10 (B) Reduce overly burdensome and duplicative requirements 11 associated with holding multiple licenses; 12 (C) Enhance the Member States' ability to protect the public's health 13 and safety; 14 (D) Encourage the cooperation of Member States in regulating 15 multistate practice; 16 (E) Promote mobility and address workforce shortages by eliminating 17 the necessity for licenses in multiple States by providing for the mutual recognition of 18 other Member State licenses; 19 (F) Support military families; 20 (G) Facilitate the exchange of licensure and disciplinary information 21 among Member States; 22 (H) Authorize all Member States to hold a Regulated Social Worker 23 accountable for abiding by a Member State's laws, regulations, and applicable 24 professional standards in the Member State in which the client is located at the time 25 care is rendered; and 26 (I) Allow for the use of telehealth to facilitate increased access to 27 regulated Social Work Services. 28 SECTION 2. DEFINITIONS. 29 As used in this Compact, and except as otherwise provided, the following 30 definitions shall apply: 31 (A) "Active Military Member" means any individual with full-time
01 duty status in the active armed forces of the United States including members of the 02 National Guard and Reserve. 03 (B) "Adverse Action" means any administrative, civil, equitable or 04 criminal action permitted by a State's laws which is imposed by a Licensing Authority 05 or other authority against a Regulated Social Worker, including actions against an 06 individual's license or Multistate Authorization to Practice such as revocation, 07 suspension, probation, monitoring of the Licensee, limitation on the Licensee's 08 practice, or any other Encumbrance on licensure affecting a Regulated Social Worker's 09 authorization to practice, including issuance of a cease and desist action. 10 (C) "Alternative Program" means a non-disciplinary monitoring or 11 practice remediation process approved by a Licensing Authority to address 12 practitioners with an Impairment. 13 (D) "Charter Member States" means Member States who have enacted 14 legislation to adopt this Compact where such legislation predates the effective date of 15 this Compact as described in Section 14. 16 (E) "Compact Commission" or "Commission" means the government 17 agency whose membership consists of all States that have enacted this Compact, 18 which is known as the Social Work Licensure Compact Commission, as described in 19 Section 10, and which shall operate as an instrumentality of the Member States. 20 (F) "Current Significant Investigative Information" means: 21 (1) Investigative information that a Licensing Authority, after a 22 preliminary inquiry that includes notification and an opportunity for the 23 Regulated Social Worker to respond, has reason to believe is not groundless 24 and, if proved true, would indicate more than a minor infraction as may be 25 defined by the Commission; or 26 (2) Investigative information that indicates that the Regulated 27 Social Worker represents an immediate threat to public health and safety, as 28 may be defined by the Commission, regardless of whether the Regulated 29 Social Worker has been notified and has had an opportunity to respond. 30 (G) "Data System" means a repository of information about Licensees, 31 including continuing education, examination, licensure, Current Significant
01 Investigative Information, Disqualifying Event, Multistate License(s) and Adverse 02 Action information or other information as required by the Commission. 03 (H) "Disqualifying Event" means any Adverse Action or incident 04 which results in an Encumbrance that disqualifies or makes the Licensee ineligible to 05 either obtain, retain or renew a Multistate License. 06 (I) "Domicile" means the jurisdiction in which the Licensee resides 07 and intends to remain indefinitely. 08 (J) "Encumbrance" means a revocation or suspension of, or any 09 limitation on, the full and unrestricted practice of Social Work licensed and regulated 10 by a Licensing Authority. 11 (K) "Executive Committee" means a group of delegates elected or 12 appointed to act on behalf of, and within the powers granted to them by, the Compact 13 and Commission. 14 (L) "Home State" means the Member State that is the Licensee's 15 primary Domicile. 16 (M) "Impairment" means a condition(s) that may impair a 17 practitioner's ability to engage in full and unrestricted practice as a Regulated Social 18 Worker without some type of intervention and may include alcohol and drug 19 dependence, mental health impairment, and neurological or physical impairments. 20 (N) "Licensee(s)" means an individual who currently holds a license 21 from a State to practice as a Regulated Social Worker. 22 (O) "Licensing Authority" means the board or agency of a Member 23 State, or equivalent, that is responsible for the licensing and regulation of Regulated 24 Social Workers. 25 (P) "Member State" means a state, commonwealth, district, or territory 26 of the United States of America that has enacted this Compact. 27 (Q) "Multistate Authorization to Practice" means a legally authorized 28 privilege to practice, which is equivalent to a license, associated with a Multistate 29 License permitting the practice of Social Work in a Remote State. 30 (R) "Multistate License" means a license to practice as a Regulated 31 Social Worker issued by a Home State Licensing Authority that authorizes the
01 Regulated Social Worker to practice in all Member States under Multistate 02 Authorization to Practice. 03 (S) "Qualifying National Exam" means a national licensing 04 examination approved by the Commission. 05 (T) "Regulated Social Worker" means any clinical, master's or 06 bachelor's Social Worker licensed by a Member State regardless of the title used by 07 that Member State. 08 (U) "Remote State" means a Member State other than the Licensee's 09 Home State. 10 (V) "Rule(s)" or "Rule(s) of the Commission" means a regulation or 11 regulations duly promulgated by the Commission, as authorized by the Compact, that 12 has the force of law. 13 (W) "Single State License" means a Social Work license issued by any 14 State that authorizes practice only within the issuing State and does not include 15 Multistate Authorization to Practice in any Member State. 16 (X) "Social Work" or "Social Work Services" means the application of 17 social work theory, knowledge, methods, ethics, and the professional use of self to 18 restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, 19 couples, families, groups, organizations, and communities through the care and 20 services provided by a Regulated Social Worker as set forth in the Member State's 21 statutes and regulations in the State where the services are being provided. 22 (Y) "State" means any state, commonwealth, district, or territory of the 23 United States of America that regulates the practice of Social Work. 24 (Z) "Unencumbered License" means a license that authorizes a 25 Regulated Social Worker to engage in the full and unrestricted practice of Social 26 Work. 27 SECTION 3. STATE PARTICIPATION IN THE COMPACT. 28 (A) To be eligible to participate in the Compact, a potential Member 29 State must currently meet all of the following criteria: 30 (1) License and regulate the practice of Social Work at either 31 the clinical, master's, or bachelor's category.
01 (2) Require applicants for licensure to graduate from a program 02 that is: 03 (a) Operated by a college or university recognized by 04 the Licensing Authority; 05 (b) Accredited, or in candidacy by an institution that 06 subsequently becomes accredited, by an accrediting agency recognized 07 by either: 08 (i) the Council for Higher Education 09 Accreditation, or its successor; or 10 (ii) the United States Department of Education; 11 and 12 (c) Corresponds to the licensure sought as outlined in 13 Section 4. 14 (3) Require applicants for clinical licensure to complete a 15 period of supervised practice. 16 (4) Have a mechanism in place for receiving, investigating, and 17 adjudicating complaints about Licensees. 18 (B) To maintain membership in the Compact a Member State shall: 19 (1) Require that applicants for a Multistate License pass a 20 Qualifying National Exam for the corresponding category of Multistate 21 License sought as outlined in Section 4. 22 (2) Participate fully in the Commission's Data System, 23 including using the Commission's unique identifier as defined in Rules; 24 (3) Notify the Commission, in compliance with the terms of the 25 Compact and Rules, of any Adverse Action or the availability of Current 26 Significant Investigative Information regarding a Licensee; 27 (4) Implement procedures for considering the criminal history 28 records of applicants for a Multistate License. Such procedures shall include 29 the submission of fingerprints or other biometric-based information by 30 applicants for the purpose of obtaining an applicant's criminal history record 31 information from the Federal Bureau of Investigation and the agency
01 responsible for retaining that State's criminal records. 02 (5) Comply with the Rules of the Commission; 03 (6) Require an applicant to obtain or retain a license in the 04 Home State and meet the Home State's qualifications for licensure or renewal 05 of licensure, as well as all other applicable Home State laws; 06 (7) Authorize a Licensee holding a Multistate License in any 07 Member State to practice in accordance with the terms of the Compact and 08 Rules of the Commission; and 09 (8) Designate a delegate to participate in the Commission 10 meetings. 11 (C) A Member State meeting the requirements of Section 3(A) and 12 3(B) of this Compact shall designate the categories of Social Work licensure that are 13 eligible for issuance of a Multistate License for applicants in such Member State. To 14 the extent that any Member State does not meet the requirements for participation in 15 the Compact at any particular category of Social Work licensure, such Member State 16 may choose, but is not obligated to issue, a Multistate License to applicants that 17 otherwise meet the requirements of Section 4 for issuance of a Multistate License in 18 such category or categories of licensure. 19 (D) The Home State may charge a fee for granting the Multistate 20 License. 21 SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT. 22 (A) To be eligible for a Multistate License under the terms and 23 provisions of the Compact, an applicant, regardless of category, must: 24 (1) Hold or be eligible for an active, Unencumbered License in 25 the Home State; 26 (2) Pay any applicable fees, including any State fee, for the 27 Multistate License; 28 (3) Submit, in connection with an application for a Multistate 29 License, fingerprints or other biometric data for the purpose of obtaining 30 criminal history record information from the Federal Bureau of Investigation 31 and the agency responsible for retaining that State's criminal records;
01 (4) Notify the Home State of any Adverse Action, 02 Encumbrance, or restriction on any professional license taken by any Member 03 State or non-Member State within 30 days from the date the action is taken; 04 (5) Meet any continuing competence requirements established 05 by the Home State; 06 (6) Abide by the laws, regulations, and applicable standards in 07 the Member State where the client is located at the time care is rendered. 08 (B) An applicant for a clinical-category Multistate License must meet 09 all of the following requirements: 10 (1) Fulfill a competency requirement, which shall be satisfied 11 by either: 12 (a) Passage of a clinical-category Qualifying National 13 Exam; 14 (b) Licensure of the applicant in their Home State at the 15 clinical category, beginning prior to such time as a Qualifying National 16 Exam was required by the Home State and accompanied by a period of 17 continuous Social Work licensure thereafter, all of which may be 18 further governed by the Rules of the Commission; or 19 (c) The substantial equivalency of the foregoing 20 competency requirements which the Commission may determine by 21 Rule. 22 (2) Attain at least a master's degree in Social Work from a 23 program that is: 24 (a) Operated by a college or university recognized by 25 the Licensing Authority; and 26 (b) Accredited, or in candidacy that subsequently 27 becomes accredited, by an accrediting agency recognized by either: 28 (i) the Council for Higher Education 29 Accreditation or its successor; or 30 (ii) the United States Department of Education. 31 (3) Fulfill a practice requirement, which shall be satisfied by
01 demonstrating completion of either: 02 (a) A period of postgraduate supervised clinical practice 03 equal to a minimum of three thousand hours; 04 (b) A minimum of two years of full-time postgraduate 05 supervised clinical practice; or 06 (c) The substantial equivalency of the foregoing 07 practice requirements which the Commission may determine by Rule. 08 (C) An applicant for a master's-category Multistate License must meet 09 all of the following requirements: 10 (1) Fulfill a competency requirement, which shall be satisfied 11 by either: 12 (a) Passage of a masters-category Qualifying National 13 Exam; 14 (b) Licensure of the applicant in their Home State at the 15 master's category, beginning prior to such time as a Qualifying 16 National Exam was required by the Home State at the master's category 17 and accompanied by a continuous period of Social Work licensure 18 thereafter, all of which may be further governed by the Rules of the 19 Commission; or 20 (c) The substantial equivalency of the foregoing 21 competency requirements which the Commission may determine by 22 Rule. 23 (2) Attain at least a master's degree in Social Work from a 24 program that is: 25 (a) Operated by a college or university recognized by 26 the Licensing Authority; and 27 (b) Accredited, or in candidacy that subsequently 28 becomes accredited, by an accrediting agency recognized by either: 29 (i) the Council for Higher Education 30 Accreditation or its successor; or 31 (ii) the United States Department of Education.
01 (D) An applicant for a bachelor's-category Multistate License must 02 meet all of the following requirements: 03 (1) Fulfill a competency requirement, which shall be satisfied 04 by either: 05 (a) Passage of a bachelor's-category Qualifying 06 National Exam; 07 (b) Licensure of the applicant in their Home State at the 08 bachelor's category, beginning prior to such time as a Qualifying 09 National Exam was required by the Home State and accompanied by a 10 period of continuous Social Work licensure thereafter, all of which may 11 be further governed by the Rules of the Commission; or 12 (c) The substantial equivalency of the foregoing 13 competency requirements which the Commission may determine by 14 Rule. 15 (2) Attain at least a bachelor's degree in Social Work from a 16 program that is: 17 (a) Operated by a college or university recognized by 18 the Licensing Authority; and 19 (b) Accredited, or in candidacy that subsequently 20 becomes accredited, by an accrediting agency recognized by either: 21 (i) the Council for Higher Education 22 Accreditation or its successor; or 23 (ii) the United States Department of Education. 24 (E) The Multistate License for a Regulated Social Worker is subject to 25 the renewal requirements of the Home State. The Regulated Social Worker must 26 maintain compliance with the requirements of Section 4(A) to be eligible to renew a 27 Multistate License. 28 (F) The Regulated Social Worker's services in a Remote State are 29 subject to that Member State's regulatory authority. A Remote State may, in 30 accordance with due process and that Member State's laws, remove a Regulated Social 31 Worker's Multistate Authorization to Practice in the Remote State for a specific period
01 of time, impose fines, and take any other necessary actions to protect the health and 02 safety of its citizens. 03 (G) If a Multistate License is encumbered, the Regulated Social 04 Worker's Multistate Authorization to Practice shall be deactivated in all Remote States 05 until the Multistate License is no longer encumbered. 06 (H) If a Multistate Authorization to Practice is encumbered in a 07 Remote State, the regulated Social Worker's Multistate Authorization to Practice may 08 be deactivated in that State until the Multistate Authorization to Practice is no longer 09 encumbered. 10 SECTION 5. ISSUANCE OF A MULTISTATE LICENSE. 11 (A) Upon receipt of an application for Multistate License, the Home 12 State Licensing Authority shall determine the applicant's eligibility for a Multistate 13 License in accordance with Section 4 of this Compact. 14 (B) If such applicant is eligible pursuant to Section 4 of this Compact, 15 the Home State Licensing Authority shall issue a Multistate License that authorizes 16 the applicant or Regulated Social Worker to practice in all Member States under a 17 Multistate Authorization to Practice. 18 (C) Upon issuance of a Multistate License, the Home State Licensing 19 Authority shall designate whether the Regulated Social Worker holds a Multistate 20 License in the Bachelors, Masters, or Clinical category of Social Work. 21 (D) A Multistate License issued by a Home State to a resident in that 22 State shall be recognized by all Compact Member States as authorizing Social Work 23 Practice under a Multistate Authorization to Practice corresponding to each category 24 of licensure regulated in each Member State. 25 SECTION 6. AUTHORITY OF INTERSTATE COMPACT COMMISSION AND 26 MEMBER STATE LICENSING AUTHORITIES. 27 (A) Nothing in this Compact, nor any Rule of the Commission, shall 28 be construed to limit, restrict, or in any way reduce the ability of a Member State to 29 enact and enforce laws, regulations, or other rules related to the practice of Social 30 Work in that State, where those laws, regulations, or other rules are not inconsistent 31 with the provisions of this Compact.
01 (B) Nothing in this Compact shall affect the requirements established 02 by a Member State for the issuance of a Single State License. 03 (C) Nothing in this Compact, nor any Rule of the Commission, shall 04 be construed to limit, restrict, or in any way reduce the ability of a Member State to 05 take Adverse Action against a Licensee's Single State License to practice Social Work 06 in that State. 07 (D) Nothing in this Compact, nor any Rule of the Commission, shall 08 be construed to limit, restrict, or in any way reduce the ability of a Remote State to 09 take Adverse Action against a Licensee's Multistate Authorization to Practice in that 10 State. 11 (E) Nothing in this Compact, nor any Rule of the Commission, shall be 12 construed to limit, restrict, or in any way reduce the ability of a Licensee's Home State 13 to take Adverse Action against a Licensee's Multistate License based upon 14 information provided by a Remote State. 15 SECTION 7. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE. 16 (A) A Licensee can hold a Multistate License, issued by their Home 17 State, in only one Member State at any given time. 18 (B) If a Licensee changes their Home State by moving between two 19 Member States: 20 (1) The Licensee shall immediately apply for the reissuance of 21 their Multistate License in their new Home State. The Licensee shall pay all 22 applicable fees and notify the prior Home State in accordance with the Rules of 23 the Commission. 24 (2) Upon receipt of an application to reissue a Multistate 25 License, the new Home State shall verify that the Multistate License is active, 26 unencumbered and eligible for reissuance under the terms of the Compact and 27 the Rules of the Commission. The Multistate License issued by the prior Home 28 State will be deactivated and all Member States notified in accordance with the 29 applicable Rules adopted by the Commission. 30 (3) Prior to the reissuance of the Multistate License, the new 31 Home State shall conduct procedures for considering the criminal history
01 records of the Licensee. Such procedures shall include the submission of 02 fingerprints or other biometric-based information by applicants for the purpose 03 of obtaining an applicant's criminal history record information from the 04 Federal Bureau of Investigation and the agency responsible for retaining that 05 State's criminal records. 06 (4) If required for initial licensure, the new Home State may 07 require completion of jurisprudence requirements in the new Home State. 08 (5) Notwithstanding any other provision of this Compact, if a 09 Licensee does not meet the requirements set forth in this Compact for the 10 reissuance of a Multistate License by the new Home State, then the Licensee 11 shall be subject to the new Home State requirements for the issuance of a 12 Single State License in that State. 13 (C) If a Licensee changes their primary State of residence by moving 14 from a Member State to a non-Member State, or from a non-Member State to a 15 Member State, then the Licensee shall be subject to the State requirements for the 16 issuance of a Single State License in the new Home State. 17 (D) Nothing in this Compact shall interfere with a Licensee's ability to 18 hold a Single State License in multiple States; however, for the purposes of this 19 Compact, a Licensee shall have only one Home State, and only one Multistate 20 License. 21 (E) Nothing in this Compact shall interfere with the requirements 22 established by a Member State for the issuance of a Single State License. 23 SECTION 8. MILITARY FAMILIES. 24 An Active Military Member or their spouse shall designate a Home State 25 where the individual has a Multistate License. The individual may retain their Home 26 State designation during the period the service member is on active duty. 27 SECTION 9. ADVERSE ACTIONS. 28 (A) In addition to the other powers conferred by State law, a Remote 29 State shall have the authority, in accordance with existing State due process law, to: 30 (1) Take Adverse Action against a Regulated Social Worker's 31 Multistate Authorization to Practice only within that Member State, and issue
01 subpoenas for both hearings and investigations that require the attendance and 02 testimony of witnesses as well as the production of evidence. Subpoenas issued 03 by a Licensing Authority in a Member State for the attendance and testimony 04 of witnesses or the production of evidence from another Member State shall be 05 enforced in the latter State by any court of competent jurisdiction, according to 06 the practice and procedure of that court applicable to subpoenas issued in 07 proceedings pending before it. The issuing Licensing Authority shall pay any 08 witness fees, travel expenses, mileage, and other fees required by the service 09 statutes of the State in which the witnesses or evidence are located. 10 (2) Only the Home State shall have the power to take Adverse 11 Action against a Regulated Social Worker's Multistate License. 12 (B) For purposes of taking Adverse Action, the Home State shall give 13 the same priority and effect to reported conduct received from a Member State as it 14 would if the conduct had occurred within the Home State. In so doing, the Home State 15 shall apply its own State laws to determine appropriate action. 16 (C) The Home State shall complete any pending investigations of a 17 Regulated Social Worker who changes their Home State during the course of the 18 investigations. The Home State shall also have the authority to take appropriate 19 action(s) and shall promptly report the conclusions of the investigations to the 20 administrator of the Data System. The administrator of the Data System shall promptly 21 notify the new Home State of any Adverse Actions. 22 (D) A Member State, if otherwise permitted by State law, may recover 23 from the affected Regulated Social Worker the costs of investigations and dispositions 24 of cases resulting from any Adverse Action taken against that Regulated Social 25 Worker. 26 (E) A Member State may take Adverse Action based on the factual 27 findings of another Member State, provided that the Member State follows its own 28 procedures for taking the Adverse Action. 29 (F) Joint Investigations: 30 (1) In addition to the authority granted to a Member State by its 31 respective Social Work practice act or other applicable State law, any Member
01 State may participate with other Member States in joint investigations of 02 Licensees. 03 (2) Member States shall share any investigative, litigation, or 04 compliance materials in furtherance of any joint or individual investigation 05 initiated under the Compact. 06 (G) If Adverse Action is taken by the Home State against the 07 Multistate License of a Regulated Social Worker, the Regulated Social Worker's 08 Multistate Authorization to Practice in all other Member States shall be deactivated 09 until all Encumbrances have been removed from the Multistate License. All Home 10 State disciplinary orders that impose Adverse Action against the license of a 11 Regulated Social Worker shall include a statement that the Regulated Social Worker's 12 Multistate Authorization to Practice is deactivated in all Member States until all 13 conditions of the decision, order or agreement are satisfied. 14 (H) If a Member State takes Adverse Action, it shall promptly notify 15 the administrator of the Data System. The administrator of the Data System shall 16 promptly notify the Home State and all other Member States of any Adverse Actions 17 by Remote States. 18 (I) Nothing in this Compact shall override a Member State's decision 19 that participation in an Alternative Program may be used in lieu of Adverse Action. 20 (J) Nothing in this Compact shall authorize a Member State to demand 21 the issuance of subpoenas for attendance and testimony of witnesses or the production 22 of evidence from another Member State for lawful actions within that Member State. 23 (K) Nothing in this Compact shall authorize a Member State to impose 24 discipline against a Regulated Social Worker who holds a Multistate Authorization to 25 Practice for lawful actions within another Member State. 26 SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT 27 COMMISSION. 28 (A) The Compact Member States hereby create and establish a joint 29 government agency whose membership consists of all Member States that have 30 enacted the Compact known as the Social Work Licensure Compact Commission. The 31 Commission is an instrumentality of the Compact States acting jointly and not an
01 instrumentality of any one State. The Commission shall come into existence on or 02 after the effective date of the Compact as set forth in Section 14. 03 (B) Membership, Voting, and Meetings 04 (1) Each Member State shall have and be limited to one (1) 05 delegate selected by that Member State's State Licensing Authority. 06 (2) The delegate shall be either: 07 (a) A current member of the State Licensing Authority 08 at the time of appointment, who is a Regulated Social Worker or public 09 member of the State Licensing Authority; or 10 (b) An administrator of the State Licensing Authority or 11 their designee. 12 (3) The Commission shall by Rule or bylaw establish a term of 13 office for delegates and may by Rule or bylaw establish term limits. 14 (4) The Commission may recommend removal or suspension 15 of any delegate from office. 16 (5) A Member State's State Licensing Authority shall fill any 17 vacancy of its delegate occurring on the Commission within 60 days of the 18 vacancy. 19 (6) Each delegate shall be entitled to one vote on all matters 20 before the Commission requiring a vote by Commission delegates. 21 (7) A delegate shall vote in person or by such other means as 22 provided in the bylaws. The bylaws may provide for delegates to meet by 23 telecommunication, videoconference, or other means of communication. 24 (8) The Commission shall meet at least once during each 25 calendar year. Additional meetings may be held as set forth in the bylaws. The 26 Commission may meet by telecommunication, videoconference, or other 27 similar electronic means. 28 (C) The Commission shall have the following powers: 29 (1) Establish the fiscal year of the Commission; 30 (2) Establish code of conduct and conflict of interest policies; 31 (3) Establish and amend Rules and bylaws;
01 (4) Maintain its financial records in accordance with the 02 bylaws; 03 (5) Meet and take such actions as are consistent with the 04 provisions of this Compact, the Commission's Rules, and the bylaws; 05 (6) Initiate and conclude legal proceedings or actions in the 06 name of the Commission, provided that the standing of any State Licensing 07 Board to sue or be sued under applicable law shall not be affected; 08 (7) Maintain and certify records and information provided to a 09 Member State as the authenticated business records of the Commission, and 10 designate an agent to do so on the Commission's behalf; 11 (8) Purchase and maintain insurance and bonds; 12 (9) Borrow, accept, or contract for services of personnel, 13 including, but not limited to, employees of a Member State; 14 (10) Conduct an annual financial review; 15 (11) Hire employees, elect or appoint officers, fix 16 compensation, define duties, grant such individuals appropriate authority to 17 carry out the purposes of the Compact, and establish the Commission's 18 personnel policies and programs relating to conflicts of interest, qualifications 19 of personnel, and other related personnel matters; 20 (12) Assess and collect fees; 21 (13) Accept any and all appropriate gifts, donations, grants of 22 money, other sources of revenue, equipment, supplies, materials, and services, 23 and receive, utilize, and dispose of the same; provided that at all times the 24 Commission shall avoid any appearance of impropriety or conflict of interest; 25 (14) Lease, purchase, retain, own, hold, improve, or use any 26 property, real, personal, or mixed, or any undivided interest therein; 27 (15) Sell, convey, mortgage, pledge, lease, exchange, abandon, 28 or otherwise dispose of any property real, personal, or mixed; 29 (16) Establish a budget and make expenditures; 30 (17) Borrow money; 31 (18) Appoint committees, including standing committees,
01 composed of members, State regulators, State legislators or their 02 representatives, and consumer representatives, and such other interested 03 persons as may be designated in this Compact and the bylaws; 04 (19) Provide and receive information from, and cooperate with, 05 law enforcement agencies; 06 (20) Establish and elect an Executive Committee, including a 07 chair and a vice chair; 08 (21) Determine whether a State's adopted language is 09 materially different from the model Compact language such that the State 10 would not qualify for participation in the Compact; and 11 (22) Perform such other functions as may be necessary or 12 appropriate to achieve the purposes of this Compact. 13 (D) The Executive Committee 14 (1) The Executive Committee shall have the power to act on 15 behalf of the Commission according to the terms of this Compact. The powers, 16 duties, and responsibilities of the Executive Committee shall include: 17 (a) Oversee the day-to-day activities of the 18 administration of the Compact including enforcement and compliance 19 with the provisions of the Compact, its Rules and bylaws, and other 20 such duties as deemed necessary; 21 (b) Recommend to the Commission changes to the 22 Rules or bylaws, changes to this Compact legislation, fees charged to 23 Compact Member States, fees charged to Licensees, and other fees; 24 (c) Ensure Compact administration services are 25 appropriately provided, including by contract; 26 (d) Prepare and recommend the budget; 27 (e) Maintain financial records on behalf of the 28 Commission; 29 (f) Monitor Compact compliance of Member States and 30 provide compliance reports to the Commission; 31 (g) Establish additional committees as necessary;
01 (h) Exercise the powers and duties of the Commission 02 during the interim between Commission meetings, except for adopting 03 or amending Rules, adopting or amending bylaws, and exercising any 04 other powers and duties expressly reserved to the Commission by Rule 05 or bylaw; and 06 (i) Other duties as provided in the Rules or bylaws of 07 the Commission. 08 (2) The Executive Committee shall be composed of up to 09 eleven (11) members: 10 (a) The chair and vice chair of the Commission shall be 11 voting members of the Executive Committee; 12 (b) The Commission shall elect five (5) voting members 13 from the current membership of the Commission; 14 (c) Up to four (4) ex-officio, nonvoting members from 15 four (4) recognized national Social Work organizations; and 16 (d) The ex-officio members will be selected by their 17 respective organizations. 18 (3) The Commission may remove any member of the Executive 19 Committee as provided in the Commission's bylaws. 20 (4) The Executive Committee shall meet at least annually. 21 (a) Executive Committee meetings shall be open to the 22 public, except that the Executive Committee may meet in a closed, non- 23 public meeting as provided in subsection F(2) below. 24 (b) The Executive Committee shall give seven (7) days' 25 notice of its meetings, posted on its website and as determined to 26 provide notice to persons with an interest in the business of the 27 Commission. 28 (c) The Executive Committee may hold a special 29 meeting in accordance with subsection F(1)(b) below. 30 (E) The Commission shall adopt and provide to the Member States an 31 annual report.
01 (F) Meetings of the Commission 02 (1) All meetings shall be open to the public, except that the 03 Commission may meet in a closed, non-public meeting as provided in 04 subsection F(2) below. 05 (a) Public notice for all meetings of the full 06 Commission shall be given in the same manner as required under the 07 Rulemaking provisions in Section 12, except that the Commission may 08 hold a special meeting as provided in subsection F(1)(b) below. 09 (b) The Commission may hold a special meeting when 10 it must meet to conduct emergency business by giving 48 hours' notice 11 to all commissioners, on the Commission's website, and other means as 12 provided in the Commission's Rules. The Commission's legal counsel 13 shall certify that the Commission's need to meet qualifies as an 14 emergency. 15 (2) The Commission or the Executive Committee or other 16 committees of the Commission may convene in a closed, non-public meeting 17 for the Commission or Executive Committee or other committees of the 18 Commission to receive legal advice or to discuss: 19 (a) Non-compliance of a Member State with its 20 obligations under the Compact; 21 (b) The employment, compensation, discipline or other 22 matters, practices or procedures related to specific employees; 23 (c) Current or threatened discipline of a Licensee by the 24 Commission or by a Member State's Licensing Authority; 25 (d) Current, threatened, or reasonably anticipated 26 litigation; 27 (e) Negotiation of contracts for the purchase, lease, or 28 sale of goods, services, or real estate; 29 (f) Accusing any person of a crime or formally 30 censuring any person; 31 (g) Trade secrets or commercial or financial
01 information that is privileged or confidential; 02 (h) Information of a personal nature where disclosure 03 would constitute a clearly unwarranted invasion of personal privacy; 04 (i) Investigative records compiled for law enforcement 05 purposes; 06 (j) Information related to any investigative reports 07 prepared by or on behalf of or for use of the Commission or other 08 committee charged with responsibility of investigation or determination 09 of compliance issues pursuant to the Compact; 10 (k) Matters specifically exempted from disclosure by 11 federal or Member State law; or 12 (l) Other matters as promulgated by the Commission by 13 Rule. 14 (3) If a meeting, or portion of a meeting, is closed, the 15 presiding officer shall state that the meeting will be closed and reference each 16 relevant exempting provision, and such reference shall be recorded in the 17 minutes. 18 (4) The Commission shall keep minutes that fully and clearly 19 describe all matters discussed in a meeting and shall provide a full and accurate 20 summary of actions taken, and the reasons therefore, including a description of 21 the views expressed. All documents considered in connection with an action 22 shall be identified in such minutes. All minutes and documents of a closed 23 meeting shall remain under seal, subject to release only by a majority vote of 24 the Commission or order of a court of competent jurisdiction. 25 (G) Financing of the Commission 26 (1) The Commission shall pay, or provide for the payment of, 27 the reasonable expenses of its establishment, organization, and ongoing 28 activities. 29 (2) The Commission may accept any and all appropriate 30 revenue sources as provided in subsection C(13). 31 (3) The Commission may levy on and collect an annual
01 assessment from each Member State and impose fees on Licensees of Member 02 States to whom it grants a Multistate License to cover the cost of the 03 operations and activities of the Commission and its staff, which must be in a 04 total amount sufficient to cover its annual budget as approved each year for 05 which revenue is not provided by other sources. The aggregate annual 06 assessment amount for Member States shall be allocated based upon a formula 07 that the Commission shall promulgate by Rule. 08 (4) The Commission shall not incur obligations of any kind 09 prior to securing the funds adequate to meet the same; nor shall the 10 Commission pledge the credit of any of the Member States, except by and with 11 the authority of the Member State. 12 (5) The Commission shall keep accurate accounts of all 13 receipts and disbursements. The receipts and disbursements of the Commission 14 shall be subject to the financial review and accounting procedures established 15 under its bylaws. However, all receipts and disbursements of funds handled by 16 the Commission shall be subject to an annual financial review by a certified or 17 licensed public accountant, and the report of the financial review shall be 18 included in and become part of the annual report of the Commission. 19 (H) Qualified Immunity, Defense, and Indemnification 20 (1) The members, officers, executive director, employees and 21 representatives of the Commission shall be immune from suit and liability, 22 both personally and in their official capacity, for any claim for damage to or 23 loss of property or personal injury or other civil liability caused by or arising 24 out of any actual or alleged act, error, or omission that occurred, or that the 25 person against whom the claim is made had a reasonable basis for believing 26 occurred, within the scope of Commission employment, duties or 27 responsibilities; provided that nothing in this paragraph shall be construed to 28 protect any such person from suit or liability for any damage, loss, injury, or 29 liability caused by the intentional or willful or wanton misconduct of that 30 person. The procurement of insurance of any type by the Commission shall not 31 in any way compromise or limit the immunity granted hereunder.
01 (2) The Commission shall defend any member, officer, 02 executive director, employee, and representative of the Commission in any 03 civil action seeking to impose liability arising out of any actual or alleged act, 04 error, or omission that occurred within the scope of Commission employment, 05 duties, or responsibilities, or as determined by the Commission that the person 06 against whom the claim is made had a reasonable basis for believing occurred 07 within the scope of Commission employment, duties, or responsibilities; 08 provided that nothing herein shall be construed to prohibit that person from 09 retaining their own counsel at their own expense; and provided further, that the 10 actual or alleged act, error, or omission did not result from that person's 11 intentional or willful or wanton misconduct. 12 (3) The Commission shall indemnify and hold harmless any 13 member, officer, executive director, employee, and representative of the 14 Commission for the amount of any settlement or judgment obtained against 15 that person arising out of any actual or alleged act, error, or omission that 16 occurred within the scope of Commission employment, duties, or 17 responsibilities, or that such person had a reasonable basis for believing 18 occurred within the scope of Commission employment, duties, or 19 responsibilities, provided that the actual or alleged act, error, or omission did 20 not result from the intentional or willful or wanton misconduct of that person. 21 (4) Nothing herein shall be construed as a limitation on the 22 liability of any Licensee for professional malpractice or misconduct, which 23 shall be governed solely by any other applicable State laws. 24 (5) Nothing in this Compact shall be interpreted to waive or 25 otherwise abrogate a Member State's state action immunity or state action 26 affirmative defense with respect to antitrust claims under the Sherman Act, 27 Clayton Act, or any other State or federal antitrust or anticompetitive law or 28 regulation. 29 (6) Nothing in this Compact shall be construed to be a waiver 30 of sovereign immunity by the Member States or by the Commission. 31 SECTION 11. DATA SYSTEM.
01 (A) The Commission shall provide for the development, maintenance, 02 operation, and utilization of a coordinated Data System. 03 (B) The Commission shall assign each applicant for a Multistate 04 License a unique identifier, as determined by the Rules of the Commission. 05 (C) Notwithstanding any other provision of State law to the contrary, a 06 Member State shall submit a uniform data set to the Data System on all individuals to 07 whom this Compact is applicable as required by the Rules of the Commission, 08 including: 09 (1) Identifying information; 10 (2) Licensure data; 11 (3) Adverse Actions against a license and information related 12 thereto; 13 (4) Non-confidential information related to Alternative 14 Program participation, the beginning and ending dates of such participation, 15 and other information related to such participation not made confidential under 16 Member State law; 17 (5) Any denial of application for licensure, and the reason(s) 18 for such denial; 19 (6) The presence of Current Significant Investigative 20 Information; and 21 (7) Other information that may facilitate the administration of 22 this Compact or the protection of the public, as determined by the Rules of the 23 Commission. 24 (D) The records and information provided to a Member State pursuant 25 to this Compact or through the Data System, when certified by the Commission or an 26 agent thereof, shall constitute the authenticated business records of the Commission, 27 and shall be entitled to any associated hearsay exception in any relevant judicial, 28 quasi-judicial or administrative proceedings in a Member State. 29 (E) Current Significant Investigative Information pertaining to a 30 Licensee in any Member State will only be available to other Member States. 31 (1) It is the responsibility of the Member States to report any
01 Adverse Action against a Licensee and to monitor the database to determine 02 whether Adverse Action has been taken against a Licensee. Adverse Action 03 information pertaining to a Licensee in any Member State will be available to 04 any other Member State. 05 (F) Member States contributing information to the Data System may 06 designate information that may not be shared with the public without the express 07 permission of the contributing State. 08 (G) Any information submitted to the Data System that is subsequently 09 expunged pursuant to federal law or the laws of the Member State contributing the 10 information shall be removed from the Data System. 11 SECTION 12. RULEMAKING. 12 (A) The Commission shall promulgate reasonable Rules in order to 13 effectively and efficiently implement and administer the purposes and provisions of 14 the Compact. A Rule shall be invalid and have no force or effect only if a court of 15 competent jurisdiction holds that the Rule is invalid because the Commission 16 exercised its rulemaking authority in a manner that is beyond the scope and purposes 17 of the Compact, or the powers granted hereunder, or based upon another applicable 18 standard of review. 19 (B) The Rules of the Commission shall have the force of law in each 20 Member State, provided however that, where the Rules of the Commission conflict 21 with the laws of the Member State that establish the Member State's laws, regulations, 22 and applicable standards that govern the practice of Social Work as held by a court of 23 competent jurisdiction, the Rules of the Commission shall be ineffective in that State 24 to the extent of the conflict. 25 (C) The Commission shall exercise its Rulemaking powers pursuant to 26 the criteria set forth in this Section and the Rules adopted thereunder. Rules shall 27 become binding on the day following adoption or the date specified in the rule or 28 amendment, whichever is later. 29 (D) If a majority of the legislatures of the Member States rejects a Rule 30 or portion of a Rule, by enactment of a statute or resolution in the same manner used 31 to adopt the Compact within four (4) years of the date of adoption of the Rule, then
01 such Rule shall have no further force and effect in any Member State. 02 (E) Rules shall be adopted at a regular or special meeting of the 03 Commission. 04 (F) Prior to adoption of a proposed Rule, the Commission shall hold a 05 public hearing and allow persons to provide oral and written comments, data, facts, 06 opinions, and arguments. 07 (G) Prior to adoption of a proposed Rule by the Commission, and at 08 least thirty (30) days in advance of the meeting at which the Commission will hold a 09 public hearing on the proposed Rule, the Commission shall provide a Notice of 10 Proposed Rulemaking: 11 (1) On the website of the Commission or other publicly 12 accessible platform; 13 (2) To persons who have requested notice of the Commission's 14 notices of proposed rulemaking; and 15 (3) In such other way(s) as the Commission may by Rule 16 specify. 17 (H) The Notice of Proposed Rulemaking shall include: 18 (1) The time, date, and location of the public hearing at which 19 the Commission will hear public comments on the proposed Rule and, if 20 different, the time, date, and location of the meeting where the Commission 21 will consider and vote on the proposed Rule; 22 (2) If the hearing is held via telecommunication, video 23 conference, or other electronic means, the Commission shall include the 24 mechanism for access to the hearing in the Notice of Proposed Rulemaking; 25 (3) The text of the proposed Rule and the reason therefor; 26 (4) A request for comments on the proposed Rule from any 27 interested person; and 28 (5) The manner in which interested persons may submit written 29 comments. 30 (I) All hearings will be recorded. A copy of the recording and all 31 written comments and documents received by the Commission in response to the
01 proposed Rule shall be available to the public. 02 (J) Nothing in this section shall be construed as requiring a separate 03 hearing on each Rule. Rules may be grouped for the convenience of the Commission 04 at hearings required by this section. 05 (K) The Commission shall, by majority vote of all members, take final 06 action on the proposed Rule based on the Rulemaking record and the full text of the 07 Rule. 08 (1) The Commission may adopt changes to the proposed Rule 09 provided the changes do not enlarge the original purpose of the proposed Rule. 10 (2) The Commission shall provide an explanation of the 11 reasons for substantive changes made to the proposed Rule as well as reasons 12 for substantive changes not made that were recommended by commenters. 13 (3) The Commission shall determine a reasonable effective date 14 for the Rule. Except for an emergency as provided in Section 12(L), the 15 effective date of the rule shall be no sooner than 30 days after issuing the 16 notice that it adopted or amended the Rule. 17 (L) Upon determination that an emergency exists, the Commission 18 may consider and adopt an emergency Rule with 48 hours' notice, with opportunity to 19 comment, provided that the usual Rulemaking procedures provided in the Compact 20 and in this section shall be retroactively applied to the Rule as soon as reasonably 21 possible, in no event later than ninety (90) days after the effective date of the Rule. For 22 the purposes of this provision, an emergency Rule is one that must be adopted 23 immediately in order to: 24 (1) Meet an imminent threat to public health, safety, or welfare; 25 (2) Prevent a loss of Commission or Member State funds; 26 (3) Meet a deadline for the promulgation of a Rule that is 27 established by federal law or rule; or 28 (4) Protect public health and safety. 29 (M) The Commission or an authorized committee of the Commission 30 may direct revisions to a previously adopted Rule for purposes of correcting 31 typographical errors, errors in format, errors in consistency, or grammatical errors.
01 Public notice of any revisions shall be posted on the website of the Commission. The 02 revision shall be subject to challenge by any person for a period of thirty (30) days 03 after posting. The revision may be challenged only on grounds that the revision results 04 in a material change to a Rule. A challenge shall be made in writing and delivered to 05 the Commission prior to the end of the notice period. If no challenge is made, the 06 revision will take effect without further action. If the revision is challenged, the 07 revision may not take effect without the approval of the Commission. 08 (N) No Member State's rulemaking requirements shall apply under this 09 Compact. 10 SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 11 (A) Oversight 12 (1) The executive and judicial branches of State government in 13 each Member State shall enforce this Compact and take all actions necessary 14 and appropriate to implement the Compact. 15 (2) Except as otherwise provided in this Compact, venue is 16 proper and judicial proceedings by or against the Commission shall be brought 17 solely and exclusively in a court of competent jurisdiction where the principal 18 office of the Commission is located. The Commission may waive venue and 19 jurisdictional defenses to the extent it adopts or consents to participate in 20 alternative dispute resolution proceedings. Nothing herein shall affect or limit 21 the selection or propriety of venue in any action against a Licensee for 22 professional malpractice, misconduct or any such similar matter. 23 (3) The Commission shall be entitled to receive service of 24 process in any proceeding regarding the enforcement or interpretation of the 25 Compact and shall have standing to intervene in such a proceeding for all 26 purposes. Failure to provide the Commission service of process shall render a 27 judgment or order void as to the Commission, this Compact, or promulgated 28 Rules. 29 (B) Default, Technical Assistance, and Termination 30 (1) If the Commission determines that a Member State has 31 defaulted in the performance of its obligations or responsibilities under this
01 Compact or the promulgated Rules, the Commission shall provide written 02 notice to the defaulting State. The notice of default shall describe the default, 03 the proposed means of curing the default, and any other action that the 04 Commission may take, and shall offer training and specific technical assistance 05 regarding the default. 06 (2) The Commission shall provide a copy of the notice of 07 default to the other Member States. 08 (C) If a State in default fails to cure the default, the defaulting State 09 may be terminated from the Compact upon an affirmative vote of a majority of the 10 delegates of the Member States, and all rights, privileges and benefits conferred on 11 that State by this Compact may be terminated on the effective date of termination. A 12 cure of the default does not relieve the offending State of obligations or liabilities 13 incurred during the period of default. 14 (D) Termination of membership in the Compact shall be imposed only 15 after all other means of securing compliance have been exhausted. Notice of intent to 16 suspend or terminate shall be given by the Commission to the governor, the majority 17 and minority leaders of the defaulting State's legislature, the defaulting State's State 18 Licensing Authority and each of the Member States' State Licensing Authority. 19 (E) A State that has been terminated is responsible for all assessments, 20 obligations, and liabilities incurred through the effective date of termination, including 21 obligations that extend beyond the effective date of termination. 22 (F) Upon the termination of a State's membership from this Compact, 23 that State shall immediately provide notice to all Licensees within that State of such 24 termination. The terminated State shall continue to recognize all licenses granted 25 pursuant to this Compact for a minimum of six (6) months after the date of said notice 26 of termination. 27 (G) The Commission shall not bear any costs related to a State that is 28 found to be in default or that has been terminated from the Compact, unless agreed 29 upon in writing between the Commission and the defaulting State. 30 (H) The defaulting State may appeal the action of the Commission by 31 petitioning the U.S. District Court for the District of Columbia or the federal district
01 where the Commission has its principal offices. The prevailing party shall be awarded 02 all costs of such litigation, including reasonable attorney's fees. 03 (I) Dispute Resolution 04 (1) Upon request by a Member State, the Commission shall 05 attempt to resolve disputes related to the Compact that arise among Member 06 States and between Member and non-Member States. 07 (2) The Commission shall promulgate a Rule providing for 08 both mediation and binding dispute resolution for disputes as appropriate. 09 (J) Enforcement 10 (1) By majority vote as provided by Rule, the Commission may 11 initiate legal action against a Member State in default in the United States 12 District Court for the District of Columbia or the federal district where the 13 Commission has its principal offices to enforce compliance with the provisions 14 of the Compact and its promulgated Rules. The relief sought may include both 15 injunctive relief and damages. In the event judicial enforcement is necessary, 16 the prevailing party shall be awarded all costs of such litigation, including 17 reasonable attorney's fees. The remedies herein shall not be the exclusive 18 remedies of the Commission. The Commission may pursue any other remedies 19 available under federal or the defaulting Member State's law. 20 (2) A Member State may initiate legal action against the 21 Commission in the U.S. District Court for the District of Columbia or the 22 federal district where the Commission has its principal offices to enforce 23 compliance with the provisions of the Compact and its promulgated Rules. The 24 relief sought may include both injunctive relief and damages. In the event 25 judicial enforcement is necessary, the prevailing party shall be awarded all 26 costs of such litigation, including reasonable attorney's fees. 27 (3) No person other than a Member State shall enforce this 28 Compact against the Commission. 29 SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. 30 (A) The Compact shall come into effect on the date on which the 31 Compact statute is enacted into law in the seventh Member State.
01 (1) On or after the effective date of the Compact, the 02 Commission shall convene and review the enactment of each of the first seven 03 Member States ("Charter Member States") to determine if the statute enacted 04 by each such Charter Member State is materially different than the model 05 Compact statute. 06 (a) A Charter Member State whose enactment is found 07 to be materially different from the model Compact statute shall be 08 entitled to the default process set forth in Section 13. 09 (b) If any Member State is later found to be in default, 10 or is terminated or withdraws from the Compact, the Commission shall 11 remain in existence and the Compact shall remain in effect even if the 12 number of Member States should be less than seven. 13 (2) Member States enacting the Compact subsequent to the 14 seven initial Charter Member States shall be subject to the process set forth in 15 Section 10(C)(21) to determine if their enactments are materially different 16 from the model Compact statute and whether they qualify for participation in 17 the Compact. 18 (3) All actions taken for the benefit of the Commission or in 19 furtherance of the purposes of the administration of the Compact prior to the 20 effective date of the Compact or the Commission coming into existence shall 21 be considered to be actions of the Commission unless specifically repudiated 22 by the Commission. 23 (4) Any State that joins the Compact subsequent to the 24 Commission's initial adoption of the Rules and bylaws shall be subject to the 25 Rules and bylaws as they exist on the date on which the Compact becomes law 26 in that State. Any Rule that has been previously adopted by the Commission 27 shall have the full force and effect of law on the day the Compact becomes law 28 in that State. 29 (B) Any Member State may withdraw from this Compact by enacting a 30 statute repealing the same. 31 (1) A Member State's withdrawal shall not take effect until 180
01 days after enactment of the repealing statute. 02 (2) Withdrawal shall not affect the continuing requirement of 03 the withdrawing State's Licensing Authority to comply with the investigative 04 and Adverse Action reporting requirements of this Compact prior to the 05 effective date of withdrawal. 06 (3) Upon the enactment of a statute withdrawing from this 07 Compact, a State shall immediately provide notice of such withdrawal to all 08 Licensees within that State. Notwithstanding any subsequent statutory 09 enactment to the contrary, such withdrawing State shall continue to recognize 10 all licenses granted pursuant to this Compact for a minimum of 180 days after 11 the date of such notice of withdrawal. 12 (C) Nothing contained in this Compact shall be construed to invalidate 13 or prevent any licensure agreement or other cooperative arrangement between a 14 Member State and a non-Member State that does not conflict with the provisions of 15 this Compact. 16 (D) This Compact may be amended by the Member States. No 17 amendment to this Compact shall become effective and binding upon any Member 18 State until it is enacted into the laws of all Member States. 19 SECTION 15. CONSTRUCTION AND SEVERABILITY. 20 (A) This Compact and the Commission's rulemaking authority shall be 21 liberally construed so as to effectuate the purposes, and the implementation and 22 administration of the Compact. Provisions of the Compact expressly authorizing or 23 requiring the promulgation of Rules shall not be construed to limit the Commission's 24 rulemaking authority solely for those purposes. 25 (B) The provisions of this Compact shall be severable and if any 26 phrase, clause, sentence or provision of this Compact is held by a court of competent 27 jurisdiction to be contrary to the constitution of any Member State, a State seeking 28 participation in the Compact, or of the United States, or the applicability thereof to any 29 government, agency, person or circumstance is held to be unconstitutional by a court 30 of competent jurisdiction, the validity of the remainder of this Compact and the 31 applicability thereof to any other government, agency, person or circumstance shall
01 not be affected thereby. 02 (C) Notwithstanding subsection B of this section, the Commission may 03 deny a State's participation in the Compact or, in accordance with the requirements of 04 Section 13(B), terminate a Member State's participation in the Compact, if it 05 determines that a constitutional requirement of a Member State is a material departure 06 from the Compact. Otherwise, if this Compact shall be held to be contrary to the 07 constitution of any Member State, the Compact shall remain in full force and effect as 08 to the remaining Member States and in full force and effect as to the Member State 09 affected as to all severable matters. 10 SECTION 16. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. 11 (A) A Licensee providing services in a Remote State under a 12 Multistate Authorization to Practice shall adhere to the laws and regulations, including 13 laws, regulations, and applicable standards, of the Remote State where the client is 14 located at the time care is rendered. 15 (B) Nothing herein shall prevent or inhibit the enforcement of any 16 other law of a Member State that is not inconsistent with the Compact. 17 (C) Any laws, statutes, regulations, or other legal requirements in a 18 Member State in conflict with the Compact are superseded to the extent of the conflict. 19 (D) All permissible agreements between the Commission and the 20 Member States are binding in accordance with their terms. 21 * Sec. 28. AS 08.95.990 is amended by adding new paragraphs to read: 22 (8) "multistate authorization to practice" has the meaning given in 23 AS 08.95.200; 24 (9) "regulated social worker" has the meaning given in AS 08.95.200. 25 * Sec. 29. AS 09.55.560(2) is amended to read: 26 (2) "health care provider" means an acupuncturist licensed under 27 AS 08.06; an audiologist or speech-language pathologist licensed under AS 08.11; a 28 chiropractor licensed under AS 08.20; a dental hygienist licensed under AS 08.32; a 29 dentist licensed under AS 08.36; a nurse licensed under AS 08.68; a dispensing 30 optician licensed under AS 08.71; a naturopath licensed under AS 08.45; an 31 optometrist licensed under AS 08.72; a pharmacist licensed under AS 08.80; a
01 respiratory care practitioner licensed under AS 08.90; a physical therapist or 02 occupational therapist licensed under AS 08.84; a physician or physician assistant 03 licensed under AS 08.64; a podiatrist; a psychologist and a psychological associate 04 licensed under AS 08.86; a hospital as defined in AS 47.32.900, including a 05 governmentally owned or operated hospital; an employee of a health care provider 06 acting within the course and scope of employment; an ambulatory surgical facility and 07 other organizations whose primary purpose is the delivery of health care, including a 08 health maintenance organization, individual practice association, integrated delivery 09 system, preferred provider organization or arrangement, and a physical hospital 10 organization; 11 * Sec. 30. AS 09.65.300(c)(1) is amended to read: 12 (1) "health care provider" means a physician, physician assistant, 13 dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, 14 practical nurse, advanced practice registered nurse, naturopath, respiratory care 15 practitioner, physical therapist, occupational therapist, marital and family therapist, 16 psychologist, psychological associate, behavior analyst, assistant behavior analyst, 17 licensed clinical social worker, athletic trainer, certified direct-entry midwife, licensed 18 professional counselor, or licensed associate counselor; 19 * Sec. 31. AS 12.62.400(a)(4) is amended to read: 20 (4) licensure to practice audiology or speech-language pathology under 21 AS 08.11, including a compact privilege to practice as an audiologist or speech- 22 language pathologist under AS 08.11.300; 23 * Sec. 32. AS 12.62.400(a)(10) is amended to read: 24 (10) licensure as a physical therapist, physical therapist assistant, 25 occupational therapist, or occupational therapy assistant under AS 08.84, including a 26 compact privilege to practice as a physical therapist or physical therapist 27 assistant under AS 08.84.188; 28 * Sec. 33. AS 12.62.400(a) is amended by adding new paragraphs to read: 29 (26) expedited licensure as a physician or osteopath under 30 AS 08.64.253; 31 (27) licensure as a physician assistant under AS 08.64.107, including a
01 compact privilege under AS 08.64.254; 02 (28) licensure as a psychologist under AS 08.86, including an authority 03 to practice under AS 08.86.225; 04 (29) certification or licensure as an emergency medical technician or 05 mobile intensive care paramedic under AS 18.08 or as an advanced emergency 06 medical technician under regulations adopted under AS 18.08, including a privilege to 07 practice under AS 18.08.105. 08 * Sec. 34. AS 12.62.400(a), as amended by sec. 33 of this Act, is amended by adding a new 09 paragraph to read: 10 (30) multistate licensure as a social worker under AS 08.95.200. 11 * Sec. 35. AS 14.30.141(e) is amended to read: 12 (e) In this section, "health care provider" means a licensed physician, 13 advanced practice registered nurse, respiratory care practitioner, physician assistant, 14 village health aide, or pharmacist operating within the scope of the health care 15 provider's authority. 16 * Sec. 36. AS 18.08.082 is amended by adding new subsections to read: 17 (d) An applicant for a license or certificate as an emergency medical 18 technician or mobile intensive care paramedic under this section or as an advanced 19 emergency medical technician under regulations adopted under this chapter shall 20 submit to the department the applicant's fingerprints and the fees required by the 21 Department of Public Safety under AS 12.62.160 for criminal justice information and 22 a national criminal history record check. The department shall forward the fingerprints 23 and fees to the Department of Public Safety to obtain a report of criminal justice 24 information under AS 12.62 and a national criminal history record check under 25 AS 12.62.400. Criminal justice information and criminal history record information 26 obtained under this subsection may only be used by the department for the purpose of 27 determining an applicant's qualifications and fitness for a license or privilege to 28 practice under this chapter. 29 (e) The department shall implement the recognition of EMS personnel 30 licensure interstate compact under AS 18.08.105. 31 * Sec. 37. AS 18.08 is amended by adding a new section to read:
01 Sec. 18.08.105. Recognition of EMS personnel licensure interstate 02 compact. The recognition of EMS personnel licensure interstate compact as contained 03 in this section is enacted into law and entered into on behalf of the state with all other 04 states and jurisdictions legally joining it in a form substantially as follows: 05 SECTION 1. PURPOSE. 06 In order to protect the public through verification of competency and ensure 07 accountability for patient care related activities all states license emergency medical 08 services (EMS) personnel, such as emergency medical technicians (EMTs), advanced 09 EMTs and paramedics. This Compact is intended to facilitate the day-to-day 10 movement of EMS personnel across state boundaries in the performance of their EMS 11 duties as assigned by an appropriate authority and authorize state EMS offices to 12 afford immediate legal recognition to EMS personnel licensed in a member state. This 13 Compact recognizes that states have a vested interest in protecting the public's health 14 and safety through their licensing and regulation of EMS personnel and that such state 15 regulation shared among the member states will best protect public health and safety. 16 This Compact is designed to achieve the following purposes and objectives: 17 (1) increase public access to EMS personnel; 18 (2) enhance the states' ability to protect the public's health and safety, 19 especially patient safety; 20 (3) encourage the cooperation of member states in the areas of EMS 21 personnel licensure and regulation; 22 (4) support licensing of military members who are separating from an 23 active-duty tour and their spouses; 24 (5) facilitate the exchange of information between member states 25 regarding EMS personnel licensure, adverse action and significant investigatory 26 information; 27 (6) promote compliance with the laws governing EMS personnel 28 practice in each member state; and 29 (7) invest all member states with the authority to hold EMS personnel 30 accountable through the mutual recognition of member state licenses. 31 SECTION 2. DEFINITIONS.
01 In this Compact: 02 (A) "Advanced Emergency Medical Technician" and "AEMT" mean: an 03 individual licensed with cognitive knowledge and a scope of practice that corresponds 04 to that level in the National EMS Education Standards and National EMS Scope of 05 Practice Model. 06 (B) "Adverse Action" means: any administrative, civil, equitable or criminal 07 action permitted by a state's laws which may be imposed against licensed EMS 08 personnel by a state EMS authority or state court, including, but not limited to, actions 09 against an individual's license such as revocation, suspension, probation, consent 10 agreement, monitoring or other limitation or encumbrance on the individual's practice, 11 letters of reprimand or admonition, fines, criminal convictions and state court 12 judgments enforcing adverse actions by the state EMS authority. 13 (C) "Alternative program" means: a voluntary, non-disciplinary substance 14 abuse recovery program approved by a state EMS authority. 15 (D) "Certification" means: the successful verification of entry-level cognitive 16 and psychomotor competency using a reliable, validated, and legally defensible 17 examination. 18 (E) "Commission" means: the national administrative body of which all states 19 that have enacted the Compact are members. 20 (F) "Emergency Medical Technician" and "EMT" mean: an individual 21 licensed with cognitive knowledge and a scope of practice that corresponds to that 22 level in the National EMS Education Standards and National EMS Scope of Practice 23 Model. 24 (G) "Home State" means: a member state where an individual is licensed to 25 practice emergency medical services. 26 (H) "License" means: the authorization by a state for an individual to practice 27 as an EMT, AEMT, paramedic, or a level in between EMT and paramedic. 28 (I) "Medical Director" means: a physician licensed in a member state who is 29 accountable for the care delivered by EMS personnel. 30 (J) "Member State" means: a state that has enacted this Compact. 31 (K) "Paramedic" means: an individual licensed with cognitive knowledge and
01 a scope of practice that corresponds to that level in the National EMS Education 02 Standards and National EMS Scope of Practice Model. 03 (L) "Privilege to Practice" means: an individual's authority to deliver 04 emergency medical services in remote states as authorized under this Compact. 05 (M) "Remote State" means: a member state in which an individual is not 06 licensed. 07 (N) "Restricted" means: the outcome of an adverse action that limits a license 08 or the privilege to practice. 09 (O) "Rule" means: a written statement by the interstate Commission 10 promulgated pursuant to Section 12 of this Compact that is of general applicability; 11 implements, interprets, or prescribes a policy or provision of the Compact; or is an 12 organizational, procedural, or practice requirement of the Commission and has the 13 force and effect of statutory law in a member state and includes the amendment, 14 repeal, or suspension of an existing rule. 15 (P) "Scope of Practice" means: defined parameters of various duties or 16 services that may be provided by an individual with specific credentials. Whether 17 regulated by rule, statute, or court decision, it tends to represent the limits of services 18 an individual may perform. 19 (Q) "Significant Investigatory Information" means: 20 (1) investigative information that a state EMS authority, after a 21 preliminary inquiry that includes notification and an opportunity to respond if required 22 by state law, has reason to believe, if proved true, would result in the imposition of an 23 adverse action on a license or privilege to practice; or 24 (2) investigative information that indicates that the individual 25 represents an immediate threat to public health and safety regardless of whether the 26 individual has been notified and had an opportunity to respond. 27 (R) "State" means: any state, commonwealth, district, or territory of the 28 United States. 29 (S) "State EMS Authority" means: the board, office, or other agency with the 30 legislative mandate to license EMS personnel. 31 SECTION 3. HOME STATE LICENSURE.
01 (A) Any member state in which an individual holds a current license shall be 02 deemed a home state for purposes of this Compact. 03 (B) Any member state may require an individual to obtain and retain a license 04 to be authorized to practice in the member state under circumstances not authorized by 05 the privilege to practice under the terms of this Compact. 06 (C) A home state's license authorizes an individual to practice in a remote 07 state under the privilege to practice only if the home state: 08 (1) Currently requires the use of the National Registry of Emergency 09 Medical Technicians (NREMT) examination as a condition of issuing initial licenses 10 at the EMT and paramedic levels; 11 (2) Has a mechanism in place for receiving and investigating 12 complaints about individuals; 13 (3) Notifies the Commission, in compliance with the terms herein, of 14 any adverse action or significant investigatory information regarding an individual; 15 (4) No later than five years after activation of the Compact, requires a 16 criminal background check of all applicants for initial licensure, including the use of 17 the results of fingerprint or other biometric data checks compliant with the 18 requirements of the Federal Bureau of Investigation with the exception of federal 19 employees who have suitability determination in accordance with 5 C.F.R. 731.202 20 and submit documentation of such as promulgated in the rules of the Commission; and 21 (5) Complies with the rules of the Commission. 22 SECTION 4. COMPACT PRIVILEGE TO PRACTICE. 23 (A) Member states shall recognize the privilege to practice of an individual 24 licensed in another member state that is in conformance with Section 3. 25 (B) To exercise the privilege to practice under the terms and provisions of this 26 Compact, an individual must: 27 (1) Be at least 18 years of age; 28 (2) Possess a current unrestricted license in a member state as an EMT, 29 AEMT, paramedic, or state recognized and licensed level with a scope of practice and 30 authority between EMT and paramedic; and 31 (3) Practice under the supervision of a medical director.
01 (C) An individual providing patient care in a remote state under the privilege 02 to practice shall function within the scope of practice authorized by the home state 03 unless and until modified by an appropriate authority in the remote state as may be 04 defined in the rules of the commission. 05 (D) Except as provided in Section 4(C), an individual practicing in a remote 06 state will be subject to the remote state's authority and laws. A remote state may, in 07 accordance with due process and that state's laws, restrict, suspend, or revoke an 08 individual's privilege to practice in the remote state and may take any other necessary 09 actions to protect the health and safety of its citizens. If a remote state takes action it 10 shall promptly notify the home state and the Commission. 11 (E) If an individual's license in any home state is restricted or suspended, the 12 individual shall not be eligible to practice in a remote state under the privilege to 13 practice until the individual's home state license is restored. 14 (F) If an individual's privilege to practice in any remote state is restricted, 15 suspended, or revoked the individual shall not be eligible to practice in any remote 16 state until the individual's privilege to practice is restored. 17 SECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE. 18 An individual may practice in a remote state under a privilege to practice only 19 in the performance of the individual's EMS duties as assigned by an appropriate 20 authority, as defined in the rules of the Commission, and under the following 21 circumstances: 22 (1) The individual originates a patient transport in a home state and 23 transports the patient to a remote state; 24 (2) The individual originates in the home state and enters a remote 25 state to pick up a patient and provide care and transport of the patient to the home 26 state; 27 (3) The individual enters a remote state to provide patient care and/or 28 transport within that remote state; 29 (4) The individual enters a remote state to pick up a patient and 30 provide care and transport to a third member state; 31 (5) Other conditions as determined by rules promulgated by the
01 commission. 02 SECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE 03 COMPACT. 04 Upon a member state's governor's declaration of a state of emergency or 05 disaster that activates the Emergency Management Assistance Compact (EMAC), all 06 relevant terms and provisions of EMAC shall apply and to the extent any terms or 07 provisions of this Compact conflicts with EMAC, the terms of EMAC shall prevail 08 with respect to any individual practicing in the remote state in response to such 09 declaration. 10 SECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE-DUTY 11 MILITARY, AND THEIR SPOUSES. 12 (A) Member states shall consider a veteran, active military service member, 13 and member of the National Guard and Reserves separating from an active-duty tour, 14 and a spouse thereof, who holds a current valid and unrestricted NREMT certification 15 at or above the level of the state license being sought as satisfying the minimum 16 training and examination requirements for such licensure. 17 (B) Member states shall expedite the processing of licensure applications 18 submitted by veterans, active military service members, and members of the National 19 Guard and Reserves separating from an active-duty tour, and their spouses. 20 (C) All individuals functioning with a privilege to practice under this Section 21 remain subject to the Adverse Actions provisions of Section 8. 22 SECTION 8. ADVERSE ACTIONS. 23 (A) A home state shall have exclusive power to impose adverse action against 24 an individual's license issued by the home state. 25 (B) If an individual's license in any home state is restricted or suspended, the 26 individual shall not be eligible to practice in a remote state under the privilege to 27 practice until the individual's home state license is restored. 28 (1) All home state adverse action orders shall include a statement that 29 the individual's Compact privileges are inactive. The order may allow the individual to 30 practice in remote states with prior written authorization from both the home state and 31 remote state's EMS authority.
01 (2) An individual currently subject to adverse action in the home state 02 shall not practice in any remote state without prior written authorization from both the 03 home state and remote state's EMS authority. 04 (C) A member state shall report adverse actions and any occurrences that the 05 individual's Compact privileges are restricted, suspended, or revoked to the 06 Commission in accordance with the rules of the Commission. 07 (D) A remote state may take adverse action on an individual's privilege to 08 practice within that state. 09 (E) Any member state may take adverse action against an individual's 10 privilege to practice in that state based on the factual findings of another member state, 11 so long as each state follows its own procedures for imposing such adverse action. 12 (F) A home state's EMS authority shall investigate and take appropriate action 13 with respect to reported conduct in a remote state as it would if such conduct had 14 occurred within the home state. In such cases, the home state's law shall control in 15 determining the appropriate adverse action. 16 (G) Nothing in this Compact shall override a member state's decision that 17 participation in an alternative program may be used in lieu of adverse action and that 18 such participation shall remain non-public if required by the member state's laws. 19 Member states must require individuals who enter any alternative programs to agree 20 not to practice in any other member state during the term of the alternative program 21 without prior authorization from such other member state. 22 SECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S EMS 23 AUTHORITY. 24 A member state's EMS authority, in addition to any other powers granted 25 under state law, is authorized under this Compact to: 26 (1) Issue subpoenas for both hearings and investigations that require 27 the attendance and testimony of witnesses and the production of evidence. Subpoenas 28 issued by a member state's EMS authority for the attendance and testimony of 29 witnesses, and/or the production of evidence from another member state, shall be 30 enforced in the remote state by any court of competent jurisdiction, according to that 31 court's practice and procedure in considering subpoenas issued in its own proceedings.
01 The issuing state EMS authority shall pay any witness fees, travel expenses, mileage, 02 and other fees required by the service statutes of the state where the witnesses and/or 03 evidence are located; and 04 (2) Issue cease and desist orders to restrict, suspend, or revoke an 05 individual's privilege to practice in the state. 06 SECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS 07 PERSONNEL PRACTICE. 08 (A) The Compact states hereby create and establish a joint public agency 09 known as the Interstate Commission for EMS Personnel Practice. 10 (1) The Commission is a body politic and an instrumentality of the 11 Compact states. 12 (2) Venue is proper and judicial proceedings by or against the 13 Commission shall be brought solely and exclusively in a court of competent 14 jurisdiction where the principal office of the Commission is located. The Commission 15 may waive venue and jurisdictional defenses to the extent it adopts or consents to 16 participate in alternative dispute resolution proceedings. 17 (3) Nothing in this Compact shall be construed to be a waiver of 18 sovereign immunity. 19 (B) Membership, Voting, and Meetings. 20 (1) Each member state shall have and be limited to one (1) delegate. 21 The responsible official of the state EMS authority or his designee shall be the 22 delegate to this Compact for each member state. Any delegate may be removed or 23 suspended from office as provided by the law of the state from which the delegate is 24 appointed. Any vacancy occurring in the Commission shall be filled in accordance 25 with the laws of the member state in which the vacancy exists. In the event that more 26 than one board, office, or other agency with the legislative mandate to license EMS 27 personnel at and above the level of EMT exists, the Governor of the state will 28 determine which entity will be responsible for assigning the delegate. 29 (2) Each delegate shall be entitled to one (1) vote with regard to the 30 promulgation of rules and creation of bylaws and shall otherwise have an opportunity 31 to participate in the business and affairs of the Commission. A delegate shall vote in
01 person or by such other means as provided in the bylaws. The bylaws may provide for 02 delegates' participation in meetings by telephone or other means of communication. 03 (3) The Commission shall meet at least once during each calendar 04 year. Additional meetings shall be held as set forth in the bylaws. 05 (4) All meetings shall be open to the public, and public notice of 06 meetings shall be given in the same manner as required under the rulemaking 07 provisions in Section 7. 08 (5) The Commission may convene in a closed, non-public meeting if 09 the Commission must discuss: 10 (a) Non-compliance of a member state with its obligations 11 under the Compact; 12 (b) The employment, compensation, discipline or other 13 personnel matters, practices or procedures related to specific employees or 14 other matters related to the Commission's internal personnel practices and 15 procedures; 16 (c) Current, threatened, or reasonably anticipated litigation; 17 (d) Negotiation of contracts for the purchase or sale of goods, 18 services, or real estate; 19 (e) Accusing any person of a crime or formally censuring any 20 person; 21 (f) Disclosure of trade secrets or commercial or financial 22 information that is privileged or confidential; 23 (g) Disclosure of information of a personal nature where 24 disclosure would constitute a clearly unwarranted invasion of personal privacy; 25 (h) Disclosure of investigatory records compiled for law 26 enforcement purposes; 27 (i) Disclosure of information related to any investigatory 28 reports prepared by or on behalf of or for use of the Commission or other 29 committee charged with responsibility of investigation or determination of 30 compliance issues pursuant to the Compact; or 31 (j) Matters specifically exempted from disclosure by federal or
01 member state statute. 02 (6) If a meeting, or portion of a meeting, is closed pursuant to this 03 provision, the Commission's legal counsel or designee shall certify that the meeting 04 may be closed and shall reference each relevant exempting provision. The 05 Commission shall keep minutes that fully and clearly describe all matters discussed in 06 a meeting and shall provide a full and accurate summary of actions taken, and the 07 reasons therefore, including a description of the views expressed. All documents 08 considered in connection with an action shall be identified in such minutes. All 09 minutes and documents of a closed meeting shall remain under seal, subject to release 10 by a majority vote of the Commission or order of a court of competent jurisdiction. 11 (C) The Commission shall, by a majority vote of the delegates, prescribe 12 bylaws and/or rules to govern its conduct as may be necessary or appropriate to carry 13 out the purposes and exercise the powers of the Compact, including but not limited to: 14 (1) Establishing the fiscal year of the Commission; 15 (2) Providing reasonable standards and procedures: 16 (a) for the establishment and meetings of other committees; and 17 (b) governing any general or specific delegation of any 18 authority or function of the Commission; 19 (3) Providing reasonable procedures for calling and conducting 20 meetings of the Commission, ensuring reasonable advance notice of all meetings, and 21 providing an opportunity for attendance of such meetings by interested parties, with 22 enumerated exceptions designed to protect the public's interest, the privacy of 23 individuals, and proprietary information, including trade secrets. The Commission 24 may meet in closed session only after a majority of the membership votes to close a 25 meeting in whole or in part. As soon as practicable, the Commission must make public 26 a copy of the vote to close the meeting revealing the vote of each member with no 27 proxy votes allowed; 28 (4) Establishing the titles, duties and authority, and reasonable 29 procedures for the election of the officers of the Commission; 30 (5) Providing reasonable standards and procedures for the 31 establishment of the personnel policies and programs of the Commission.
01 Notwithstanding any civil service or other similar laws of any member state, the 02 bylaws shall exclusively govern the personnel policies and programs of the 03 Commission; 04 (6) Promulgating a code of ethics to address permissible and prohibited 05 activities of Commission members and employees; 06 (7) Providing a mechanism for winding up the operations of the 07 Commission and the equitable disposition of any surplus funds that may exist after the 08 termination of the Compact after the payment and/or reserving of all of its debts and 09 obligations; 10 (8) The Commission shall publish its bylaws and file a copy thereof, 11 and a copy of any amendment thereto, with the appropriate agency or officer in each 12 of the member states, if any; 13 (9) The Commission shall maintain its financial records in accordance 14 with the bylaws; 15 (10) The Commission shall meet and take such actions as are 16 consistent with the provisions of this Compact and the bylaws. 17 (D) The Commission shall have the following powers: 18 (1) The authority to promulgate uniform rules to facilitate and 19 coordinate implementation and administration of this Compact. The rules shall have 20 the force and effect of law and shall be binding in all member states; 21 (2) To bring and prosecute legal proceedings or actions in the name of 22 the Commission, provided that the standing of any state EMS authority or other 23 regulatory body responsible for EMS personnel licensure to sue or be sued under 24 applicable law shall not be affected; 25 (3) To purchase and maintain insurance and bonds; 26 (4) To borrow, accept, or contract for services of personnel, including, 27 but not limited to, employees of a member state; 28 (5) To hire employees, elect or appoint officers, fix compensation, 29 define duties, grant such individuals appropriate authority to carry out the purposes of 30 the Compact, and to establish the Commission's personnel policies and programs 31 relating to conflicts of interest, qualifications of personnel, and other related personnel
01 matters; 02 (6) To accept any and all appropriate donations and grants of money, 03 equipment, supplies, materials and services, and to receive, utilize and dispose of the 04 same; provided that at all times the Commission shall strive to avoid any appearance 05 of impropriety and/or conflict of interest; 06 (7) To lease, purchase, accept appropriate gifts or donations of, or 07 otherwise to own, hold, improve or use, any property, real, personal or mixed; 08 provided that at all times the Commission shall strive to avoid any appearance of 09 impropriety; 10 (8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or 11 otherwise dispose of any property real, personal, or mixed; 12 (9) To establish a budget and make expenditures; 13 (10) To borrow money; 14 (11) To appoint committees, including advisory committees comprised 15 of members, state regulators, state legislators or their representatives, and consumer 16 representatives, and such other interested persons as may be designated in this 17 Compact and the bylaws; 18 (12) To provide and receive information from, and to cooperate with, 19 law enforcement agencies; 20 (13) To adopt and use an official seal; and 21 (14) To perform such other functions as may be necessary or 22 appropriate to achieve the purposes of this Compact consistent with the state 23 regulation of EMS personnel licensure and practice. 24 (E) Financing of the Commission. 25 (1) The Commission shall pay, or provide for the payment of, the 26 reasonable expenses of its establishment, organization, and ongoing activities. 27 (2) The Commission may accept any and all appropriate revenue 28 sources, donations, and grants of money, equipment, supplies, materials, and services. 29 (3) The Commission may levy on and collect an annual assessment 30 from each member state or impose fees on other parties to cover the cost of the 31 operations and activities of the Commission and its staff, which must be in a total
01 amount sufficient to cover its annual budget as approved each year for which revenue 02 is not provided by other sources. The aggregate annual assessment amount shall be 03 allocated based upon a formula to be determined by the Commission, which shall 04 promulgate a rule binding upon all member states. 05 (4) The Commission shall not incur obligations of any kind prior to 06 securing the funds adequate to meet the same; nor shall the Commission pledge the 07 credit of any of the member states, except by and with the authority of the member 08 state. 09 (5) The Commission shall keep accurate accounts of all receipts and 10 disbursements. The receipts and disbursements of the Commission shall be subject to 11 the audit and accounting procedures established under its bylaws. However, all 12 receipts and disbursements of funds handled by the Commission shall be audited 13 yearly by a certified or licensed public accountant, and the report of the audit shall be 14 included in and become part of the annual report of the Commission. 15 (F) Qualified Immunity, Defense, and Indemnification. 16 (1) The members, officers, executive director, employees and 17 representatives of the Commission shall be immune from suit and liability, either 18 personally or in their official capacity, for any claim for damage to or loss of property 19 or personal injury or other civil liability caused by or arising out of any actual or 20 alleged act, error or omission that occurred, or that the person against whom the claim 21 is made had a reasonable basis for believing occurred within the scope of Commission 22 employment, duties or responsibilities; provided that nothing in this paragraph shall be 23 construed to protect any such person from suit and/or liability for any damage, loss, 24 injury, or liability caused by the intentional or willful or wanton misconduct of that 25 person. 26 (2) The Commission shall defend any member, officer, executive 27 director, employee or representative of the Commission in any civil action seeking to 28 impose liability arising out of any actual or alleged act, error, or omission that 29 occurred within the scope of Commission employment, duties, or responsibilities, or 30 that the person against whom the claim is made had a reasonable basis for believing 31 occurred within the scope of Commission employment, duties, or responsibilities;
01 provided that nothing herein shall be construed to prohibit that person from retaining 02 his or her own counsel; and provided further, that the actual or alleged act, error, or 03 omission did not result from that person's intentional or willful or wanton misconduct. 04 (3) The Commission shall indemnify and hold harmless any member, 05 officer, executive director, employee, or representative of the Commission for the 06 amount of any settlement or judgment obtained against that person arising out of any 07 actual or alleged act, error or omission that occurred within the scope of Commission 08 employment, duties, or responsibilities, or that such person had a reasonable basis for 09 believing occurred within the scope of Commission employment, duties, or 10 responsibilities, provided that the actual or alleged act, error, or omission did not result 11 from the intentional or willful or wanton misconduct of that person. 12 SECTION 11. COORDINATED DATABASE. 13 (A) The Commission shall provide for the development and maintenance of a 14 coordinated database and reporting system containing licensure, adverse action, and 15 significant investigatory information on all licensed individuals in member states. 16 (B) Notwithstanding any other provision of state law to the contrary, a 17 member state shall submit a uniform data set to the coordinated database on all 18 individuals to whom this Compact is applicable as required by the rules of the 19 Commission, including: 20 (1) Identifying information; 21 (2) Licensure data; 22 (3) Significant investigatory information; 23 (4) Adverse actions against an individual's license; 24 (5) An indicator that an individual's privilege to practice is restricted, 25 suspended or revoked; 26 (6) Non-confidential information related to alternative program 27 participation; 28 (7) Any denial of application for licensure, and the reason(s) for such 29 denial; and 30 (8) Other information that may facilitate the administration of this 31 Compact, as determined by the rules of the Commission.
01 (C) The coordinated database administrator shall promptly notify all member 02 states of any adverse action taken against, or significant investigative information on, 03 any individual in a member state. 04 (D) Member states contributing information to the coordinated database may 05 designate information that may not be shared with the public without the express 06 permission of the contributing state. 07 (E) Any information submitted to the coordinated database that is 08 subsequently required to be expunged by the laws of the member state contributing the 09 information shall be removed from the coordinated database. 10 SECTION 12. RULEMAKING. 11 (A) The Commission shall exercise its rulemaking powers pursuant to the 12 criteria set forth in this Section and the rules adopted thereunder. Rules and 13 amendments shall become binding as of the date specified in each rule or amendment. 14 (B) If a majority of the legislatures of the member states rejects a rule, by 15 enactment of a statute or resolution in the same manner used to adopt the Compact, 16 then such rule shall have no further force and effect in any member state. 17 (C) Rules or amendments to the rules shall be adopted at a regular or special 18 meeting of the Commission. 19 (D) Prior to promulgation and adoption of a final rule or rules by the 20 Commission, and at least sixty (60) days in advance of the meeting at which the rule 21 will be considered and voted upon, the Commission shall file a Notice of Proposed 22 Rulemaking: 23 (1) On the website of the Commission; and 24 (2) On the website of each member state EMS authority or the 25 publication in which each state would otherwise publish proposed rules. 26 (E) The Notice of Proposed Rulemaking shall include: 27 (1) The proposed time, date, and location of the meeting in which the 28 rule will be considered and voted upon; 29 (2) The text of the proposed rule or amendment and the reason for the 30 proposed rule; 31 (3) A request for comments on the proposed rule from any interested
01 person; and 02 (4) The manner in which interested persons may submit notice to the 03 Commission of their intention to attend the public hearing and any written comments. 04 (F) Prior to adoption of a proposed rule, the Commission shall allow persons 05 to submit written data, facts, opinions, and arguments, which shall be made available 06 to the public. 07 (G) The Commission shall grant an opportunity for a public hearing before it 08 adopts a rule or amendment if a hearing is requested by: 09 (1) At least twenty-five (25) persons; 10 (2) A governmental subdivision or agency; or 11 (3) An association having at least twenty-five (25) members. 12 (H) If a hearing is held on the proposed rule or amendment, the Commission 13 shall publish the place, time, and date of the scheduled public hearing. 14 (1) All persons wishing to be heard at the hearing shall notify the 15 executive director of the Commission or other designated member in writing of their 16 desire to appear and testify at the hearing not less than five (5) business days before 17 the scheduled date of the hearing. 18 (2) Hearings shall be conducted in a manner providing each person 19 who wishes to comment a fair and reasonable opportunity to comment orally or in 20 writing. 21 (3) No transcript of the hearing is required, unless a written request for 22 a transcript is made, in which case the person requesting the transcript shall bear the 23 cost of producing the transcript. A recording may be made in lieu of a transcript under 24 the same terms and conditions as a transcript. This subsection shall not preclude the 25 Commission from making a transcript or recording of the hearing if it so chooses. 26 (4) Nothing in this section shall be construed as requiring a separate 27 hearing on each rule. Rules may be grouped for the convenience of the Commission at 28 hearings required by this section. 29 (I) Following the scheduled hearing date, or by the close of business on the 30 scheduled hearing date if the hearing was not held, the Commission shall consider all 31 written and oral comments received.
01 (J) The Commission shall, by majority vote of all members, take final action 02 on the proposed rule and shall determine the effective date of the rule, if any, based on 03 the rulemaking record and the full text of the rule. 04 (K) If no written notice of intent to attend the public hearing by interested 05 parties is received, the Commission may proceed with promulgation of the proposed 06 rule without a public hearing. 07 (L) Upon determination that an emergency exists, the Commission may 08 consider and adopt an emergency rule without prior notice, opportunity for comment, 09 or hearing, provided that the usual rulemaking procedures provided in the Compact 10 and in this section shall be retroactively applied to the rule as soon as reasonably 11 possible, in no event later than ninety (90) days after the effective date of the rule. For 12 the purposes of this provision, an emergency rule is one that must be adopted 13 immediately in order to: 14 (1) Meet an imminent threat to public health, safety, or welfare; 15 (2) Prevent a loss of Commission or member state funds; 16 (3) Meet a deadline for the promulgation of an administrative rule that 17 is established by federal law or rule; or 18 (4) Protect public health and safety. 19 (M) The Commission or an authorized committee of the Commission may 20 direct revisions to a previously adopted rule or amendment for purposes of correcting 21 typographical errors, errors in format, errors in consistency, or grammatical errors. 22 Public notice of any revisions shall be posted on the website of the Commission. The 23 revision shall be subject to challenge by any person for a period of thirty (30) days 24 after posting. The revision may be challenged only on grounds that the revision results 25 in a material change to a rule. A challenge shall be made in writing, and delivered to 26 the chair of the Commission prior to the end of the notice period. If no challenge is 27 made, the revision will take effect without further action. If the revision is challenged, 28 the revision may not take effect without the approval of the Commission. 29 SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 30 (A) Oversight. 31 (1) The executive, legislative, and judicial branches of state
01 government in each member state shall enforce this Compact and take all actions 02 necessary and appropriate to effectuate the Compact's purposes and intent. The 03 provisions of this Compact and the rules promulgated hereunder shall have standing as 04 statutory law. 05 (2) All courts shall take judicial notice of the Compact and the rules in 06 any judicial or administrative proceeding in a member state pertaining to the subject 07 matter of this Compact which may affect the powers, responsibilities or actions of the 08 Commission. 09 (3) The Commission shall be entitled to receive service of process in 10 any such proceeding, and shall have standing to intervene in such a proceeding for all 11 purposes. Failure to provide service of process to the Commission shall render a 12 judgment or order void as to the Commission, this Compact, or promulgated rules. 13 (B) Default, Technical Assistance, and Termination. 14 (1) If the Commission determines that a member state has defaulted in 15 the performance of its obligations or responsibilities under this Compact or the 16 promulgated rules, the Commission shall: 17 (a) Provide written notice to the defaulting state and other 18 member states of the nature of the default, the proposed means of curing the 19 default and/or any other action to be taken by the Commission; and 20 (b) Provide remedial training and specific technical assistance 21 regarding the default. 22 (2) If a state in default fails to cure the default, the defaulting state may 23 be terminated from the Compact upon an affirmative vote of a majority of the member 24 states, and all rights, privileges and benefits conferred by this Compact may be 25 terminated on the effective date of termination. A cure of the default does not relieve 26 the offending state of obligations or liabilities incurred during the period of default. 27 (3) Termination of membership in the Compact shall be imposed only 28 after all other means of securing compliance have been exhausted. Notice of intent to 29 suspend or terminate shall be given by the Commission to the governor, the majority 30 and minority leaders of the defaulting state's legislature, and each of the member 31 states.
01 (4) A state that has been terminated is responsible for all assessments, 02 obligations, and liabilities incurred through the effective date of termination, including 03 obligations that extend beyond the effective date of termination. 04 (5) The Commission shall not bear any costs related to a state that is 05 found to be in default or that has been terminated from the Compact, unless agreed 06 upon in writing between the Commission and the defaulting state. 07 (6) The defaulting state may appeal the action of the Commission by 08 petitioning the U.S. District Court for the District of Columbia or the federal district 09 where the Commission has its principal offices. The prevailing member shall be 10 awarded all costs of such litigation, including reasonable attorney's fees. 11 (C) Dispute Resolution. 12 (1) Upon request by a member state, the Commission shall attempt to 13 resolve disputes related to the Compact that arise among member states and between 14 member and non-member states. 15 (2) The Commission shall promulgate a rule providing for both 16 mediation and binding dispute resolution for disputes as appropriate. 17 (D) Enforcement. 18 (1) The Commission, in the reasonable exercise of its discretion, shall 19 enforce the provisions and rules of this Compact. 20 (2) By majority vote, the Commission may initiate legal action in the 21 United States District Court for the District of Columbia or the federal district where 22 the Commission has its principal offices against a member state in default to enforce 23 compliance with the provisions of the Compact and its promulgated rules and bylaws. 24 The relief sought may include both injunctive relief and damages. In the event judicial 25 enforcement is necessary, the prevailing member shall be awarded all costs of such 26 litigation, including reasonable attorney's fees. 27 (3) The remedies herein shall not be the exclusive remedies of the 28 Commission. The Commission may pursue any other remedies available under federal 29 or state law. 30 SECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION 31 FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES, WITHDRAWAL,
01 AND AMENDMENT. 02 (A) The Compact shall come into effect on the date on which the Compact 03 statute is enacted into law in the tenth member state. The provisions, which become 04 effective at that time, shall be limited to the powers granted to the Commission 05 relating to assembly and the promulgation of rules. Thereafter, the Commission shall 06 meet and exercise rulemaking powers necessary to the implementation and 07 administration of the Compact. 08 (B) Any state that joins the Compact subsequent to the Commission's initial 09 adoption of the rules shall be subject to the rules as they exist on the date on which the 10 Compact becomes law in that state. Any rule that has been previously adopted by the 11 Commission shall have the full force and effect of law on the day the Compact 12 becomes law in that state. 13 (C) Any member state may withdraw from this Compact by enacting a statute 14 repealing the same. 15 (1) A member state's withdrawal shall not take effect until six (6) 16 months after enactment of the repealing statute. 17 (2) Withdrawal shall not affect the continuing requirement of the 18 withdrawing state's EMS authority to comply with the investigative and adverse action 19 reporting requirements of this act prior to the effective date of withdrawal. 20 (D) Nothing contained in this Compact shall be construed to invalidate or 21 prevent any EMS personnel licensure agreement or other cooperative arrangement 22 between a member state and a non-member state that does not conflict with the 23 provisions of this Compact. 24 (E) This Compact may be amended by the member states. No amendment to 25 this Compact shall become effective and binding upon any member state until it is 26 enacted into the laws of all member states. 27 SECTION 15. CONSTRUCTION AND SEVERABILITY. 28 This Compact shall be liberally construed so as to effectuate the purposes 29 thereof. If this Compact shall be held contrary to the constitution of any state member 30 thereto, the Compact shall remain in full force and effect as to the remaining member 31 states. Nothing in this Compact supersedes state law or rules related to licensure of
01 EMS agencies. 02 * Sec. 38. AS 21.36.090(d) is amended to read: 03 (d) Except to the extent necessary to comply with AS 21.42.365 and 04 AS 21.56, a person may not practice or permit unfair discrimination against a person 05 who provides a service covered under a group health insurance policy that extends 06 coverage on an expense incurred basis, or under a group service or indemnity type 07 contract issued by a health maintenance organization or a nonprofit corporation, if the 08 service is within the scope of the provider's occupational license. In this subsection, 09 "provider" means a state licensed physician, physician assistant, dentist, osteopath, 10 optometrist, chiropractor, advanced practice registered nurse, pharmacist, naturopath, 11 respiratory care practitioner, physical therapist, occupational therapist, marital and 12 family therapist, psychologist, psychological associate, licensed clinical social worker, 13 licensed professional counselor, licensed associate counselor, certified direct-entry 14 midwife, or dental hygienist holding an advanced practice permit. 15 * Sec. 39. AS 44.29 is amended by adding new sections to read: 16 Article 5A. Rural Health Transformation Program. 17 Sec. 44.29.410. Rural Health Transformation Program Advisory Council. 18 (a) The Rural Health Transformation Program Advisory Council is established in the 19 department. 20 (b) The council consists of eight members as follows: 21 (1) the deputy commissioner of health, or the deputy commissioner of 22 health's designee, who shall serve as the chair and is a nonvoting member; 23 (2) one member who represents a tribal health organization or 24 consortium, appointed by the governor; in this paragraph, "tribal health 25 organization" means an organization recognized by the United States Indian 26 Health Service to provide health-related services; 27 (3) one member who represents a federally qualified health center or 28 professional organization for federally qualified health centers, appointed by the 29 governor; in this paragraph, "federally qualified health center" has the meaning given 30 in 42 U.S.C. 1396d(l)(2)(B); 31 (4) one member who represents a hospital or professional organization
01 for hospitals, appointed by the governor; 02 (5) one member who represents a local government, appointed by the 03 governor; 04 (6) one member who represents the Alaska Mental Health Trust 05 Authority, appointed by the governor; 06 (7) one member of the house of representatives, appointed by the 07 speaker of the house; and 08 (8) one member of the senate, appointed by the president of the senate. 09 (c) In addition to the qualifications required under (b)(2) - (6) of this section, 10 the governor shall appoint members under (b)(2) - (6) of this section 11 (1) based on interest in public affairs, good judgment, knowledge, and 12 ability in the field of action of the council; 13 (2) with a view to providing diversity of interest and points of view in 14 the membership; 15 (3) without consideration of political affiliation; and 16 (4) so that the members appointed under (b)(2) - (6) of this section 17 collectively represent each judicial district. 18 (d) A member of the council serves at the pleasure of the appointing authority 19 of the member. 20 (e) Members of the council are not entitled to compensation or per diem and 21 travel expenses authorized under AS 39.20.180. 22 (f) The council shall meet in person, telephonically, or by electronic means at 23 least biannually. 24 (g) The council shall advise the department on the state's participation in the 25 rural health transformation program. 26 (h) The council may adopt bylaws for the operation of the council. 27 Sec. 44.29.420. Department duties. (a) The department shall 28 (1) establish specific criteria for scoring grant applications; 29 (2) publish on the department's Internet website 30 (A) the state's application for the rural health transformation 31 program, changes to the application, and the state's approved application;
01 (B) the criteria established under (1) of this subsection; 02 (C) annual updates on the grant applications the state receives, 03 the application scores, the grants awarded, how the awarded grants are being 04 used by grantees, and the progress of each grantee in achieving the goals 05 identified in the grantee's application; and 06 (D) annual updates on all state projects funded with money 07 received by the state under the rural health transformation program; and 08 (3) by the first day of each regular session of the legislature, deliver 09 copies of the reports the department submitted to the federal government in the 10 previous year under the rural health transformation program to the senate secretary 11 and the chief clerk of the house of representatives and notify the legislature that the 12 reports are available. 13 (b) The department may use funds received by the state under the rural health 14 transformation program to award grants. The department shall award grants in a 15 manner that addresses the initiatives identified in the state's approved application. 16 Sec. 44.29.450. Definitions. In AS 44.29.410 - 44.29.450, 17 (1) "approved application" means an application to participate in the 18 rural health transformation program that has been approved by the federal 19 government; 20 (2) "council" means the Rural Health Transformation Program 21 Advisory Council; 22 (3) "department" means the Department of Health; 23 (4) "rural health transformation program" means the program 24 authorized under 42 U.S.C. 1397ee(h). 25 * Sec. 40. AS 44.29.410, 44.29.420, and 44.29.450 are repealed December 31, 2031. 26 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 TRANSITION: QUALIFICATIONS. Notwithstanding the licensing requirements of 29 AS 08.90.010 and 08.90.020, enacted by sec. 20 of this Act, a person who, on the day before 30 the effective date of secs. 1 - 3, 20 - 30, 34, 35, and 38 of this Act, is engaged in the practice 31 of respiratory care and is qualified to perform acts within the scope of practice of respiratory
01 care, may continue to perform those acts without a license issued under AS 08.90 by the 02 Department of Commerce, Community, and Economic Development for a period not to 03 exceed one year after the effective date of secs. 1 - 3, 20 - 30, 34, 35, and 38 of this Act. 04 * Sec. 42. Sections 1 - 3, 20 - 30, 34, 35, 38, and 41 of this Act take effect January 1, 2027.