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