HB 352: "An Act relating to the interstate medical licensure compact; relating to the PA licensure compact; relating to the psychology interjurisdictional compact; and relating to the recognition of EMS personnel licensure interstate compact."
00 HOUSE BILL NO. 352 01 "An Act relating to the interstate medical licensure compact; relating to the PA 02 licensure compact; relating to the psychology interjurisdictional compact; and relating 03 to the recognition of EMS personnel licensure interstate compact." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.64.101(a) is amended to read: 06 (a) The board shall 07 (1) except as provided in regulations adopted by the board under (b) of 08 this section, examine and issue licenses to applicants; 09 (2) develop written guidelines to ensure that licensing requirements are 10 not unreasonably burdensome and the issuance of licenses is not unreasonably 11 withheld or delayed; 12 (3) after a hearing, impose disciplinary sanctions on persons who 13 violate this chapter or the regulations or orders of the board; 14 (4) adopt regulations ensuring that renewal of licenses is contingent on
01 proof of continued competency on the part of the licensee; 02 (5) under regulations adopted by the board, contract with private 03 professional organizations to establish an impaired medical professionals program to 04 identify, confront, evaluate, and treat persons licensed under this chapter who abuse 05 alcohol, other drugs, or other substances or are mentally ill or cognitively impaired; 06 (6) adopt regulations that establish guidelines for a physician or 07 physician assistant who is rendering a diagnosis, providing treatment, or prescribing, 08 dispensing, or administering a prescription drug to a person without conducting a 09 physical examination under AS 08.64.364; the guidelines must include a nationally 10 recognized model policy for standards of care of a patient who is at a different location 11 than the physician or physician assistant; 12 (7) require that a licensee who has a federal Drug Enforcement 13 Administration registration number register with the controlled substance prescription 14 database under AS 17.30.200(n); and 15 (8) implement the Interstate Medical Licensure Compact under 16 AS 08.64.253 and the PA Licensure Compact under AS 08.64.254. 17 * Sec. 2. AS 08.64.190 is amended by adding a new subsection to read: 18 (b) An applicant applying for an expedited license as a physician under 19 AS 08.64.253 or a license as a physician assistant under AS 08.64.107 shall submit, 20 along with the application, the applicant's fingerprints and the fees required by the 21 Department of Public Safety under AS 12.62.160 for criminal justice information and 22 a national criminal history record check. The board shall forward the fingerprints and 23 fees to the Department of Public Safety to obtain a report of criminal justice 24 information under AS 12.62 and a national criminal history record check under 25 AS 12.62.400. 26 * Sec. 3. AS 08.64 is amended by adding new sections to read: 27 Sec. 08.64.253. Interstate Medical Licensure Compact. The Interstate 28 Medical Licensure Compact as contained in this section is enacted into law and 29 entered into on behalf of the state with all other states and jurisdictions legally joining 30 it in a form substantially as follows: 31 SECTION 1. PURPOSE.
01 In order to strengthen access to health care, and in recognition of the advances 02 in the delivery of health care, the member states of the Interstate Medical Licensure 03 Compact have allied in common purpose to develop a comprehensive process that 04 complements the existing licensing and regulatory authority of state medical boards, 05 provides a streamlined process that allows physicians to become licensed in multiple 06 states, thereby enhancing the portability of a medical license and ensuring the safety of 07 patients. The Compact creates another pathway for licensure and does not otherwise 08 change a state's existing Medical Practice Act. The Compact also adopts the prevailing 09 standard for licensure and affirms that the practice of medicine occurs where the 10 patient is located at the time of the physician-patient encounter, and therefore, requires 11 the physician to be under the jurisdiction of the state medical board where the patient 12 is located. State medical boards that participate in the Compact retain the jurisdiction 13 to impose an adverse action against a license to practice medicine in that state issued 14 to a physician through the procedures in the Compact. 15 SECTION 2. DEFINITIONS. 16 In this compact, 17 (a) "Bylaws" means those bylaws established by the Interstate Commission 18 pursuant to Section 11. 19 (b) "Commissioner" means the voting representative appointed by each 20 member board pursuant to Section 11. 21 (c) "Conviction" means a finding by a court that an individual is guilty of a 22 criminal offense through adjudication, or entry of a plea of guilt or no contest to the 23 charge by the offender. Evidence of an entry of a conviction of a criminal offense by 24 the court shall be considered final for purposes of disciplinary action by a member 25 board. 26 (d) "Expedited License" means a full and unrestricted medical license granted 27 by a member state to an eligible physician through the process set forth in the 28 Compact. 29 (e) "Interstate Commission" means the interstate commission created pursuant 30 to Section 11. 31 (f) "License" means authorization by a member state for a physician to engage
01 in the practice of medicine, which would be unlawful without authorization. 02 (g) "Medical Practice Act" means laws and regulations governing the practice 03 of allopathic and osteopathic medicine within a member state. 04 (h) "Member Board" means a state agency in a member state that acts in the 05 sovereign interests of the state by protecting the public through licensure, regulation, 06 and education of physicians as directed by the state government. 07 (i) "Member State" means a state that has enacted the Compact. 08 (j) "Physician" means any person who 09 (1) is a graduate of a medical school accredited by the Liaison 10 Committee on Medical Education, the Commission on Osteopathic College 11 Accreditation, or a medical school listed in the International Medical Education 12 Directory or its equivalent; 13 (2) passed each component of the United States Medical Licensing 14 Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing 15 Examination (COMLEX-USA) within three attempts, or any of its predecessor 16 examinations accepted by a state medical board as an equivalent examination for 17 licensure purposes; 18 (3) successfully completed graduate medical education approved by 19 the Accreditation Council for Graduate Medical Education or the American 20 Osteopathic Association; 21 (4) holds specialty certification or a time-unlimited specialty certificate 22 recognized by the American Board of Medical Specialties or the American 23 Osteopathic Association's Bureau of Osteopathic Specialists; 24 (5) possesses a full and unrestricted license to engage in the practice of 25 medicine issued by a member board; 26 (6) has never been convicted, received adjudication, deferred 27 adjudication, community supervision, or deferred disposition for any offense by a 28 court of appropriate jurisdiction; 29 (7) has never held a license authorizing the practice of medicine 30 subjected to discipline by a licensing agency in any state, federal, or foreign 31 jurisdiction, excluding any action related to non-payment of fees related to a license;
01 (8) has never had a controlled substance license or permit suspended or 02 revoked by a state or the United States Drug Enforcement Administration; and 03 (9) is not under active investigation by a licensing agency or law 04 enforcement authority in any state, federal, or foreign jurisdiction. 05 (k) "Practice of Medicine" means that clinical prevention, diagnosis, or 06 treatment of human disease, injury, or condition requiring a physician to obtain and 07 maintain a license in compliance with the Medical Practice Act of a member state. 08 (l) "Offense" means a felony, gross misdemeanor, or crime of moral turpitude. 09 (m) "Rule" means a written statement by the Interstate Commission 10 promulgated pursuant to Section 12 of the Compact that is of general applicability, 11 implements, interprets, or prescribes a policy or provision of the Compact, or an 12 organizational, procedural, or practice requirement of the Interstate Commission, and 13 has the force and effect of statutory law in a member state, and includes the 14 amendment, repeal, or suspension of an existing rule. 15 (n) "State" means any state, commonwealth, district, or territory of the United 16 States. 17 (o) "State of Principal License" means a member state where a physician holds 18 a license to practice medicine and which has been designated as such by the physician 19 for purposes of registration and participation in the Compact. 20 SECTION 3. ELIGIBILITY. 21 (a) A physician must meet the eligibility requirements as defined in Section 22 2(j) to receive an expedited license under the terms and provisions of the Compact. 23 (b) A physician who does not meet the requirements of Section 2(j) may 24 obtain a license to practice medicine in a member state if the individual complies with 25 all laws and requirements, other than the Compact, relating to the issuance of a license 26 to practice medicine in that state. 27 SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE. 28 (a) A physician shall designate a member state as the state of principal license 29 for purposes of registration for expedited licensure through the Compact if the 30 physician possesses a full and unrestricted license to practice medicine in that state, 31 and the state is
01 (1) The state of principal residence for the physician; 02 (2) The state where at least 25 percent of the practice of medicine 03 occurs; 04 (3) The location of the physician's employer; or 05 (4) If no state qualifies under subsection (1), subsection (2), or 06 subsection (3), the state designated as state of residence for purpose of federal income 07 tax. 08 (b) A physician may redesignate a member state as state of principal license at 09 any time, as long as the state meets the requirements of subsection (a). 10 (c) The Interstate Commission is authorized to develop rules to facilitate 11 redesignation of another member state as the state of principal license. 12 SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE. 13 (a) A physician seeking licensure through the Compact shall file an 14 application for an expedited license with the member board of the state selected by the 15 physician as the state of principal license. 16 (b) Upon receipt of an application for an expedited license, the member board 17 within the state selected as the state of principal license shall evaluate whether the 18 physician is eligible for expedited licensure and issue a letter of qualification, 19 verifying or denying the physician's eligibility, to the Interstate Commission. 20 (1) Static qualifications, which include verification of medical 21 education, graduate medical education, results of any medical or licensing 22 examination, and other qualifications as determined by the Interstate Commission 23 through rule, shall not be subject to additional primary source verification where 24 already primary source verified by the state of principal license. 25 (2) The member board within the state selected as the state of principal 26 license shall, in the course of verifying eligibility, perform a criminal background 27 check of an applicant, including the use of the results of fingerprint or other biometric 28 data checks compliant with the requirements of the Federal Bureau of Investigation, 29 with the exception of federal employees who have suitability determination in 30 accordance with 5 C.F.R. 731.202. 31 (3) Appeal on the determination of eligibility shall be made to the
01 member state where the application was filed and shall be subject to the law of that 02 state. 03 (c) Upon verification in subsection (b), physicians eligible for an expedited 04 license shall complete the registration process established by the Interstate 05 Commission to receive a license in a member state selected pursuant to subsection (a), 06 including the payment of any applicable fees. 07 (d) After receiving verification of eligibility under subsection (b) and any fees 08 under subsection (c), a member board shall issue an expedited license to the physician. 09 This license shall authorize the physician to practice medicine in the issuing state 10 consistent with the Medical Practice Act and all applicable laws and regulations of the 11 issuing member board and member state. 12 (e) An expedited license shall be valid for a period consistent with the 13 licensure period in the member state and in the same manner as required for other 14 physicians holding a full and unrestricted license within the member state. 15 (f) An expedited license obtained through the Compact shall be terminated if a 16 physician fails to maintain a license in the state of principal licensure for a non- 17 disciplinary reason, without redesignation of a new state of principal licensure. 18 (g) The Interstate Commission is authorized to develop rules regarding the 19 application process, including payment of any applicable fees, and the issuance of an 20 expedited license. 21 SECTION 6. FEES FOR EXPEDITED LICENSURE. 22 (a) A member state issuing an expedited license authorizing the practice of 23 medicine in that state may impose a fee for a license issued or renewed through the 24 Compact. 25 (b) The Interstate Commission is authorized to develop rules regarding fees 26 for expedited licenses. 27 SECTION 7. RENEWAL AND CONTINUED PARTICIPATION. 28 (a) A physician seeking to renew an expedited license granted in a member 29 state shall complete a renewal process with the Interstate Commission if the physician 30 (1) Maintains a full and unrestricted license in a state of principal 31 license;
01 (2) Has not been convicted, received adjudication, deferred 02 adjudication, community supervision, or deferred disposition for any offense by a 03 court of appropriate jurisdiction; 04 (3) Has not had a license authorizing the practice of medicine subject 05 to discipline by a licensing agency in any state, federal, or foreign jurisdiction, 06 excluding any action related to non-payment of fees related to a license; and 07 (4) Has not had a controlled substance license or permit suspended or 08 revoked by a state or the United States Drug Enforcement Administration. 09 (b) Physicians shall comply with all continuing professional development or 10 continuing medical education requirements for renewal of a license issued by a 11 member state. 12 (c) The Interstate Commission shall collect any renewal fees charged for the 13 renewal of a license and distribute the fees to the applicable member board. 14 (d) Upon receipt of any renewal fees collected in subsection (c), a member 15 board shall renew the physician's license. 16 (e) Physician information collected by the Interstate Commission during the 17 renewal process will be distributed to all member boards. 18 (f) The Interstate Commission is authorized to develop rules to address 19 renewal of licenses obtained through the Compact. 20 SECTION 8. COORDINATED INFORMATION SYSTEM. 21 (a) The Interstate Commission shall establish a database of all physicians 22 licensed, or who have applied for licensure, under Section 5. 23 (b) Notwithstanding any other provision of law, member boards shall report to 24 the Interstate Commission any public action or complaints against a licensed physician 25 who has applied or received an expedited license through the Compact. 26 (c) Member boards shall report disciplinary or investigatory information 27 determined as necessary and proper by rule of the Interstate Commission. 28 (d) Member boards may report any non-public complaint, disciplinary, or 29 investigatory information not required by subsection (c) to the Interstate Commission. 30 (e) Member boards shall share complaint or disciplinary information about a 31 physician upon request of another member board.
01 (f) All information provided to the Interstate Commission or distributed by 02 member boards shall be confidential, filed under seal, and used only for investigatory 03 or disciplinary matters. 04 (g) The Interstate Commission is authorized to develop rules for mandated or 05 discretionary sharing of information by member boards. 06 SECTION 9. JOINT INVESTIGATIONS. 07 (a) Licensure and disciplinary records of physicians are deemed investigative. 08 (b) In addition to the authority granted to a member board by its respective 09 Medical Practice Act or other applicable state law, a member board may participate 10 with other member boards in joint investigations of physicians licensed by the member 11 boards. 12 (c) A subpoena issued by a member state shall be enforceable in other member 13 states. 14 (d) Member boards may share any investigative, litigation, or compliance 15 materials in furtherance of any joint or individual investigation initiate under the 16 Compact. 17 (e) Any member state may investigate actual or alleged violations of the 18 statutes authorizing the practice of medicine in any other member state in which a 19 physician holds a license to practice medicine. 20 SECTION 10. DISCIPLINARY ACTIONS. 21 (a) Any disciplinary action taken by any member board against a physician 22 licensed through the Compact shall be deemed unprofessional conduct which may be 23 subject to discipline by other member boards, in addition to any violation of the 24 Medical Practice Act or regulations in that state. 25 (b) If a license granted to a physician by the member board in the state of 26 principal license is revoked, surrendered or relinquished in lieu of discipline, or 27 suspended, then all licenses issued to the physician by member boards shall 28 automatically be placed, without further action necessary by any member board, on 29 the same status. If the member board in the state of principal license subsequently 30 reinstates the physician's license, a license issued to the physician by any other 31 member board shall remain encumbered until that respective member board takes
01 action to reinstate the license in a manner consistent with the Medical Practice Act of 02 that state. 03 (c) If disciplinary action is taken against a physician by a member board not in 04 the state of principal license, any other member board may deem the action conclusive 05 as to matter of law and fact decided, and 06 (1) Impose the same or lesser sanctions against the physician so long 07 as such sanctions are consistent with the Medical Practice Act of that state; or 08 (2) Pursue separate disciplinary action against the physician under its 09 respective Medical Practice Act, regardless of the action taken in other member states. 10 (d) If a license granted to a physician by a member board is revoked, 11 surrendered or relinquished in lieu of discipline, or suspended, then any licenses 12 issued to the physician by any other member boards shall be suspended, automatically 13 and immediately without further action necessary by the other member boards, for 14 ninety (90) days upon entry of the order by the disciplining board, to permit the 15 member boards to investigate the basis for the action under the Medical Practice Act 16 of that state. A member board may terminate the automatic suspension of the license it 17 issued prior to the completion of the ninety (90) day suspension period in a manner 18 consistent with the Medical Practice Act of that state. 19 SECTION 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION. 20 (a) The member states hereby create the "Interstate Medical Licensure 21 Compact Commission." 22 (b) The purpose of the Interstate Commission is the administration of the 23 Interstate Medical Licensure Compact, which is a discretionary state function. 24 (c) The Interstate Commission shall be a body corporate and joint agency of 25 the member states and shall have all the responsibilities, powers, and duties set forth in 26 the Compact, and such additional powers as may be conferred upon it by a subsequent 27 concurrent action of the respective legislatures of the member states in accordance 28 with the terms of the Compact. 29 (d) The Interstate Commission shall consist of two voting representatives 30 appointed by each member state who shall serve as Commissioners. In states where 31 allopathic and osteopathic physicians are regulated by separate member boards, or if
01 the licensing and disciplinary authority is split between separate member boards, or if 02 the licensing and disciplinary authority is split between multiple member boards 03 within a member state, the member state shall appoint one representative from each 04 member board. A Commissioner shall be 05 (1) An allopathic or osteopathic physician appointed to a member 06 board; 07 (2) An executive director, executive secretary, or similar executive of a 08 member board; or 09 (3) A member of the public appointed to a member board. 10 (e) The Interstate Commission shall meet at least once each calendar year. A 11 portion of this meeting shall be a business meeting to address such matters as may 12 properly come before the Commission, including the election of officers. The 13 chairperson may call additional meetings and shall call for a meeting upon the request 14 of a majority of the member states. 15 (f) The bylaws may provide for meetings of the Interstate Commission to be 16 conducted by telecommunication or electronic communication. 17 (g) Each Commissioner participating at a meeting of the Interstate 18 Commission is entitled to one vote. A majority of Commissioners shall constitute a 19 quorum for the transaction of business, unless a larger quorum is required by the 20 bylaws of the Interstate Commission. A Commissioner shall not delegate a vote to 21 another Commissioner. In the absence of its Commissioner, a member state may 22 delegate voting authority for a specified meeting to another person from that state who 23 shall meet the requirements of subsection (d). 24 (h) The Interstate Commission shall provide public notice of all meetings and 25 all meetings shall be open to the public. The Interstate Commission may close a 26 meeting, in full or in portion, where it determines by a two-thirds vote of the 27 Commissioners present that an open meeting would be likely to 28 (1) Relate solely to the internal personnel practice and procedures of 29 the Interstate Commission; 30 (2) Discuss matters specifically exempted from disclosure by federal 31 statute;
01 (3) Discuss trade secrets, commercial, or financial information that is 02 privileged or confidential; 03 (4) Involve accusing a person of a crime, or formally censuring a 04 person; 05 (5) Discuss information of a personal nature where disclosure would 06 constitute a clearly unwarranted invasion of personal privacy; 07 (6) Discuss investigative records compiled for law enforcement 08 purposes; or 09 (7) Specifically relate to the participation in a civil action or other legal 10 proceeding. 11 (i) The Interstate Commission shall keep minutes which shall fully describe all 12 matters discussed in a meeting and shall provide a full and accurate summary of 13 actions taken, including record of any roll call votes. 14 (j) The Interstate Commission shall make its information and official records, 15 to the extent not otherwise designated in the Compact or by its rules, available to the 16 public for inspection. 17 (k) The Interstate Commission shall establish an executive committee, which 18 shall include officers, members, and others as determined by the bylaws. The 19 executive committee shall have the power to act on behalf of the Interstate 20 Commission, with the exception of rulemaking, during periods when the Interstate 21 Commission is not in session. When acting on behalf of the Interstate Commission, 22 the executive committee shall oversee the administration of the Compact including 23 enforcement and compliance with the provisions of the Compact, its bylaws and rules, 24 and other such duties as necessary. 25 (l) The Interstate Commission shall establish other committees for governance 26 and administration of the Compact. 27 SECTION 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION. 28 (a) Oversee and maintain the administration of the Compact; 29 (b) Promulgate rules which shall be binding to the extent and in the manner 30 provided for in the Compact; 31 (c) Issue, upon the request of a member state or member board, advisory
01 opinions concerning the meaning or interpretation of the Compact, its bylaws, rules, 02 and actions; 03 (d) Enforce compliance with Compact provisions, the rules promulgated by 04 the Interstate Commission, and the bylaws, using all necessary and proper means, 05 including but not limited to the use of judicial process; 06 (e) Establish and appoint committees including, but not limited to, an 07 executive committee as required by Section 11, which shall have the power to act on 08 behalf of the Interstate Commission in carrying out its powers and duties; 09 (f) Pay, or provide for the payment of the expenses related to the 10 establishment, organization, and ongoing activities of the Interstate Commission; 11 (g) Establish and maintain one or more offices; 12 (h) Borrow, accept, hire, or contract for services of personnel; 13 (i) Purchase and maintain insurance and bonds; 14 (j) Employ an executive director who shall have such powers to employ, select 15 or appoint employees, agents, or consultants, and to determine their qualifications, 16 define their duties, and fix their compensation; 17 (k) Establish personnel policies and programs relating to conflicts of interest, 18 rates of compensation, and qualifications of personnel; 19 (l) Accept donations and grants of money, equipment, supplies, materials, and 20 services and to receive, utilize, and dispose of it in a manner consistent with the 21 conflict of interest policies established by the Interstate Commission; 22 (m) Lease, purchase, accept contributions or donations of, or otherwise to 23 own, hold, improve or use, any property, real, personal, or mixed; 24 (n) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 25 dispose of any property, real, personal, or mixed; 26 (o) Establish a budget and make expenditures; 27 (p) Adopt a seal and bylaws governing the management and operation of the 28 Interstate Commission; 29 (q) Report annually to the legislatures and governors of the member states 30 concerning the activities of the Interstate Commission during the preceding year. Such 31 reports shall also include reports of financial audits and any recommendations that
01 may have been adopted by the Interstate Commission; 02 (r) Coordinate education, training, and public awareness regarding the 03 Compact, its implementation, and its operation; 04 (s) Maintain records in accordance with the bylaws; 05 (t) Seek and obtain trademarks, copyrights, and patents; and 06 (u) Perform such functions as may be necessary or appropriate to achieve the 07 purpose of the Compact. 08 SECTION 13. FINANCE POWERS. 09 (a) The Interstate Commission may levy on and collect an annual assessment 10 from each member state to cover the cost of the operations and activities of the 11 Interstate Commission and its staff. The total assessment must be sufficient to cover 12 the annual budget approved each year for which revenue is not provided by other 13 sources. The aggregate annual assessment amount shall be allocated upon a formula to 14 be determined by the Interstate Commission, which shall promulgate a rule binding 15 upon all member states. 16 (b) The Interstate Commission shall not incur obligations of any kind prior to 17 securing the funds adequate to meet the same. 18 (c) The Interstate Commission shall not pledge the credit of any of the 19 member states, except by, and with the authority of, the member state. 20 (d) The Interstate Commission shall be subject to a yearly financial audit 21 conducted by a certified or licensed accountant and the report of the audit shall be 22 included in the annual report of the Interstate Commission. 23 SECTION 14. ORGANIZATION AND OPERATION OF THE INTERSTATE 24 COMMISSION. 25 (a) The Interstate Commission shall, by a majority of Commissioners present 26 and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to 27 carry out the purposes of the Compact within twelve (12) months of the first Interstate 28 Commission meeting. 29 (b) The Interstate Commission shall elect or appoint annually from among its 30 Commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall 31 have such authority and duties as may be specified in the bylaws. The chairperson, or
01 in the chairperson's absence or disability, the vice-chairperson, shall preside at all 02 meetings of the Interstate Commission. 03 (c) Officers selected in subsection (b) shall serve without remuneration for the 04 Interstate Commission. 05 (d) The officers and employees of the Interstate Commission shall be immune 06 from suit and liability, either personally or in their official capacity, for a claim for 07 damage to or loss of property or personal injury or other civil liability caused or 08 arising out of, or relating to, an actual or alleged act, error, or omission that occurred, 09 or that such person had a reasonable basis for believing occurred, within the scope of 10 Interstate Commission employment, duties, or responsibilities; provided that such 11 person shall not be protected from suit or liability for damage, loss, injury, or liability 12 caused by the intentional or willful and wanton misconduct of such person. 13 (e) The liability of the executive director and employees of the Interstate 14 Commission or representatives of the Interstate Commission, acting within the scope 15 of such person's employment or duties for acts, errors, or omissions occurring within 16 such person's state, may not exceed the limits of liability set forth under the 17 constitution and laws of that state for state officials, employees, and agents. The 18 Interstate Commission is considered to be an instrumentality of the states for the 19 purpose of any such action. Nothing in this subsection shall be construed to protect 20 such person from suit or liability for damage, loss, injury, or liability caused by the 21 intentional or willful and wanton misconduct of such person. 22 (f) The Interstate Commission shall defend the executive director, its 23 employees, and subject to the approval of the attorney general or other appropriate 24 legal counsel of the member state represented by an Interstate Commission 25 representative, shall defend such Interstate Commission representative in any civil 26 action seeking to impose liability arising out of an actual or alleged act, error or 27 omission that occurred within the scope of Interstate Commission employment, duties 28 or responsibilities, or that the defendant had a reasonable basis for believing occurred 29 within the scope of Interstate Commission employment, duties, or responsibilities, 30 provided that the actual or alleged act, error, or omission did not result from 31 intentional or willful and wanton misconduct on the part of such person.
01 (g) To the extent not covered by the state involved, member state, or the 02 Interstate Commission, the representatives or employees of the Interstate Commission 03 shall be held harmless in the amount of a settlement or judgement, including attorney's 04 fees and costs, obtained against such persons arising out of an actual or alleged act, 05 error, or omission that occurred within the scope of the Interstate Commission 06 employment, duties, or responsibilities, or that such persons had a reasonable basis for 07 believing occurred within the scope of Interstate Commission employment, duties, or 08 responsibilities, provided that the actual or alleged act, error, or omission did not result 09 from intentional or willful and wanton misconduct on the part of such person. 10 SECTION 15. RULEMAKING FUNCTIONS OF THE INTERSTATE 11 COMMISSION. 12 (a) The Interstate Commission shall promulgate reasonable rules in order to 13 effectively and efficiently achieve the purpose of the Compact. Notwithstanding the 14 foregoing, in the event the Interstate Commission exercises its rulemaking authority in 15 a manner that is beyond the scope of the purposes of the Compact, or the powers 16 granted hereunder, then such an action by the Interstate Commission shall be invalid 17 and have no force or effect. 18 (b) Rules deemed appropriate for the operations of the Interstate Commission 19 shall be made pursuant to a rulemaking process that substantially conforms to the 20 "Model State Administrative Procedure Act" of 2010, and subsequent amendments 21 thereto. 22 (c) Not later than thirty (30) days after a rule is promulgated, any person may 23 file a petition for judicial review of the rule in the United States District Court for the 24 District of Columbia or the federal district where the Interstate Commission has its 25 principal offices, provided that the filing of such a petition shall not stay or otherwise 26 prevent the rule from becoming effective unless the court finds that the petitioner has a 27 substantial likelihood of success. The court shall give deference to the actions of the 28 Interstate Commission consistent with applicable law and shall not find the rule to be 29 unlawful if the rule represents a reasonable exercise of the authority granted to the 30 Interstate Commission. 31 SECTION 16. OVERSIGHT OF INTERSTATE COMPACT.
01 (a) The executive, legislative, and judicial branches of state government in 02 each member state shall enforce the Compact and shall take all actions necessary and 03 appropriate to effectuate the Compact's purposes and intent. The provisions of the 04 Compact and the rules promulgated hereunder shall have standing as statutory law but 05 shall not override existing state authority to regulate the practice of medicine. 06 (b) All courts shall take judicial notice of the Compact and the rules in any 07 judicial or administrative proceeding in a member state pertaining to the subject matter 08 of the Compact which may affect the powers, responsibilities or actions of the 09 Interstate Commission. 10 (c) The Interstate Commission shall be entitled to receive all services of 11 process in any such proceeding, and shall have standing to intervene in the proceeding 12 for all purposes. Failure to provide service of process to the Interstate Commission 13 shall render a judgment or order void as to the Interstate Commission, the Compact, or 14 promulgated rules. 15 SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT. 16 (a) The Interstate Commission, in the reasonable exercise of its discretion, 17 shall enforce the provisions and rules of the Compact. 18 (b) The Interstate Commission may, by majority vote of the Commissioners, 19 initiate legal action in the United States Court for the District of Columbia, or, at the 20 discretion of the Interstate Commission, in the federal district where the Interstate 21 Commission has its principal offices, to enforce compliance with the provisions of the 22 Compact, and its promulgated rules and bylaws, against a member state in default. The 23 relief sought may including both injunctive relief and damages. In the event judicial 24 enforcement is necessary, the prevailing party shall be awarded all costs of such 25 litigation including reasonable attorney's fees. 26 (c) The remedies herein shall not be the exclusive remedies of the Interstate 27 Commission. The Interstate Commission may avail itself of any other remedies 28 available under state law or regulation of a profession. 29 SECTION 18. DEFAULT PROCEDURES. 30 (a) The grounds for default include, but are not limited to, failure of a member 31 state to perform such obligations or responsibilities imposed upon it by the Compact,
01 or the rules and bylaws of the Interstate Commission promulgated under the Compact. 02 (b) If the Interstate Commission determines that a member state has defaulted 03 in the performance of its obligations or responsibilities under the Compact, or the 04 bylaws or promulgated rules, the Interstate Commission shall 05 (1) provide written notice to the defaulting state and other member 06 states, of the nature of the default, the means of curing the default, and any action 07 taken by the Interstate Commission; the Interstate Commission shall specify the 08 conditions by which the defaulting state must cure its default; and 09 (2) provide remedial training and specific technical assistance 10 regarding the default. 11 (c) If the defaulting state fails to cure the default, the defaulting state shall be 12 terminated from the Compact upon an affirmative vote of a majority of the 13 Commissioners and all rights, privileges, and benefits conferred by the Compact shall 14 terminate on the effective date of termination. A cure of the default does not relieve 15 the offending state of obligations or liabilities incurred during the period of the 16 default. 17 (d) Termination of membership in the Compact shall be imposed only after all 18 other means of securing compliance have been exhausted. Notice of intent to terminate 19 shall be given by the Interstate Commission to the governor, the majority and minority 20 leaders of the defaulting state's legislature, and each of the member states. 21 (e) The Interstate Commission shall establish rules and procedures to address 22 licenses and physicians that are materially impacted by the termination of a member 23 state, or the withdrawal of a member state. 24 (f) The member state which has been terminated is responsible for all due, 25 obligations, and liabilities incurred through the effective date of termination including 26 obligations, the performance of which extends beyond the effective date of 27 termination. 28 (g) The Interstate Commission shall not bear any costs relating to any state 29 that has been found to be in default or which has been terminated from the Compact, 30 unless otherwise mutually agreed upon in writing between the Interstate Commission 31 and the defaulting state.
01 (h) The defaulting state may appeal the action of the Interstate Commission by 02 petitioning the United States District Court for the District of Columbia or the federal 03 district where the Interstate Commission has its principal offices. The prevailing party 04 shall be awarded all costs of such litigation including reasonable attorney's fees. 05 SECTION 19. DISPUTE RESOLUTION. 06 (a) The Interstate Commission shall attempt, upon the request of a member 07 state, to resolve disputes which are subject to the Compact and which may arise 08 among member states or member boards. 09 (b) The Interstate Commission shall promulgate rules providing for both 10 mediation and binding dispute resolution as appropriate. 11 SECTION 20. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT. 12 (a) Any state is eligible to become a member of the Compact. 13 (b) The Compact shall become effective and binding upon legislative 14 enactment of the Compact into law by no less than seven (7) states. Thereafter, it shall 15 become effective and binding on a state upon enactment of the Compact into law by 16 that state. 17 (c) The governors of non-member states, or their designees, shall be invited to 18 participate in the activities of the Interstate Commission on a non-voting basis prior to 19 adoption of the Compact by all states. 20 (d) The Interstate Commission may propose amendments to the Compact for 21 enactment by the member states. No amendment shall become effective and binding 22 upon the Interstate Commission and the member states unless and until it is enacted 23 into law by unanimous consent of the member states. 24 SECTION 21. WITHDRAWAL. 25 (a) Once effective, the Compact shall continue in force and remain binding 26 upon each and every member state; provided that a member state may withdraw from 27 the Compact by specifically repealing the statute which enacted the Compact into law. 28 (b) Withdrawal from the Compact shall be by the enactment of a statute 29 repealing the same, but shall not take effect until one (1) year after the effective date 30 of such statute and until written notice of the withdrawal has been given by the 31 withdrawing state to the governor of each other member state.
01 (c) The withdrawing state shall immediately notify the chairperson of the 02 Interstate Commission in writing upon the introduction of legislation repealing the 03 Compact in the withdrawing state. 04 (d) The Interstate Commission shall notify the other member states of the 05 withdrawing state's intent to withdraw within sixty (60) days of its receipt of notice 06 provided under subsection (c). 07 (e) The withdrawing state is responsible for all dues, obligations and liabilities 08 incurred through the effective date of withdrawal, including obligations, the 09 performance of which extend beyond the effective date of withdrawal. 10 (f) Reinstatement following withdrawal of a member state shall occur upon 11 the withdrawing date reenacting the Compact or upon such later date as determined by 12 the Interstate Commission. 13 (g) The Interstate Commission is authorized to develop rules to address the 14 impact of the withdrawal of a member state on licenses granted in other member states 15 to physicians who designated the withdrawing member state as the state of principal 16 license. 17 SECTION 22. DISSOLUTION. 18 (a) The Compact shall dissolve effective upon the date of the withdrawal or 19 default of the member state which reduces the membership of the Compact to one (1) 20 member state. 21 (b) Upon the dissolution of the Compact, the Compact becomes null and void 22 and shall be of no further force or effect, and the business and affairs of the Interstate 23 Commission shall be concluded, and surplus funds shall be distributed in accordance 24 with the bylaws. 25 SECTION 23. SEVERABILITY AND CONSTRUCTION. 26 (a) The provisions of the Compact shall be severable, and if any phrase, 27 clause, sentence, or provision is deemed unenforceable, the remaining provisions of 28 the Compact shall be enforceable. 29 (b) The provisions of the Compact shall be liberally construed to effectuate its 30 purposes. 31 (c) Nothing in the Compact shall be construed to prohibit the applicability of
01 other interstate compacts to which the member states are members. 02 SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS. 03 (a) Nothing herein prevents the enforcement of any other law of a member 04 state that is not inconsistent with the Compact. 05 (b) All laws in a member state in conflict with the Compact are superseded to 06 the extent of the conflict. 07 (c) All lawful actions of the Interstate Commission, including all rules and 08 bylaws promulgated by the Commission, are binding upon the member states. 09 (d) All agreements between the Interstate Commission and the member states 10 are binding in accordance with their terms. 11 (e) In the event any provision of the Compact exceeds the constitutional limits 12 imposed on the legislature of any member state, such provision shall be ineffective to 13 the extent of the conflict with the constitutional provision in question in that member 14 state. 15 Sec. 08.64.254. PA Licensure Compact. The PA licensure compact as 16 contained in this section is enacted into law and entered into on behalf of the state with 17 all other states and jurisdictions legally joining it in a form substantially as follows: 18 SECTION 1. PURPOSE. 19 In order to strengthen access to Medical Services, and in recognition of the 20 advances in the delivery of Medical Services, the Participating States of the PA 21 Licensure Compact have allied in common purpose to develop a comprehensive 22 process that complements the existing authority of State Licensing Boards to license 23 and discipline PAs and seeks to enhance the portability of a License to practice as a 24 PA while safeguarding the safety of patients. This Compact allows Medical Services 25 to be provided by PAs, via the mutual recognition of the Licensee's Qualifying 26 License by other Compact Participating States. This Compact also adopts the 27 prevailing standard for PA licensure and affirms that the practice and delivery of 28 Medical Services by the PA occurs where the patient is located at the time of the 29 patient encounter, and therefore requires the PA to be under the jurisdiction of the 30 State Licensing Board where the patient is located. State Licensing Boards that 31 participate in this Compact retain the jurisdiction to impose Adverse Action against a
01 Compact Privilege in that State issued to a PA through the procedures of this 02 Compact. The PA Licensure Compact will alleviate burdens for military families by 03 allowing active duty military personnel and their spouses to obtain a Compact 04 Privilege based on having an unrestricted License in good standing from a 05 Participating State. 06 SECTION 2. DEFINITIONS. 07 In this Compact: 08 (A) "Adverse Action" means any administrative, civil, equitable, or criminal 09 action permitted by a State's laws which is imposed by a Licensing Board or other 10 authority against a PA License or License application or Compact Privilege such as 11 License denial, censure, revocation, suspension, probation, monitoring of the 12 Licensee, or restriction on the Licensee's practice. 13 (B) "Compact Privilege" means the authorization granted by a Remote State to 14 allow a Licensee from another Participating State to practice as a PA to provide 15 Medical Services and other licensed activity to a patient located in the Remote State 16 under the Remote State's laws and regulations. 17 (C) "Conviction" means a finding by a court that an individual is guilty of a 18 felony or misdemeanor offense through adjudication or entry of a plea of guilty or no 19 contest to the charge by the offender. 20 (D) "Criminal Background Check" means the submission of fingerprints or 21 other biometric-based information for a License applicant for the purpose of obtaining 22 that applicant's criminal history record information, as defined in 28 C.F.R. 20.3(d), 23 from the State's criminal history record repository as defined in 28 C.F.R. 20.3(f). 24 (E) "Data System" means the repository of information about Licensees, 25 including but not limited to License status and Adverse Actions, which is created and 26 administered under the terms of this Compact. 27 (F) "Executive Committee" means a group of directors and ex-officio 28 individuals elected or appointed pursuant to Section 7(F)(2). 29 (G) "Impaired Practitioner" means a PA whose practice is adversely affected 30 by health-related condition(s) that impact their ability to practice. 31 (H) "Investigative Information" means information, records, or documents
01 received or generated by a Licensing Board pursuant to an investigation. 02 (I) "Jurisprudence Requirement" means the assessment of an individual's 03 knowledge of the laws and Rules governing the practice of a PA in a State. 04 (J) "License" means current authorization by a State, other than authorization 05 pursuant to a Compact Privilege, for a PA to provide Medical Services, which would 06 be unlawful without current authorization. 07 (K) "Licensee" means an individual who holds a License from a State to 08 provide Medical Services as a PA. 09 (L) "Licensing Board" means any State entity authorized to license and 10 otherwise regulate PAs. 11 (M) "Medical Services" means health care services provided for the diagnosis, 12 prevention, treatment, cure or relief of a health condition, injury, or disease, as defined 13 by a State's laws and regulations. 14 (N) "Model Compact" means the model for the PA Licensure Compact on file 15 with The Council of State Governments or other entity as designated by the 16 Commission. 17 (O) "Participating State" means a State that has enacted this Compact. 18 (P) "PA" means an individual who is licensed as a physician assistant in a 19 State. For purposes of this Compact, any other title or status adopted by a State to 20 replace the term "physician assistant" shall be deemed synonymous with "physician 21 assistant" and shall confer the same rights and responsibilities to the Licensee under 22 the provisions of this Compact at the time of its enactment. 23 (Q) "PA Licensure Compact Commission," "Compact Commission," or 24 "Commission" mean the national administrative body created pursuant to Section 7(A) 25 of this Compact. 26 (R) "Qualifying License" means an unrestricted License issued by a 27 Participating State to provide Medical Services as a PA. 28 (S) "Remote State" means a Participating State where a Licensee who is not 29 licensed as a PA is exercising or seeking to exercise the Compact Privilege. 30 (T) "Rule" means a regulation promulgated by an entity that has the force and 31 effect of law.
01 (U) "Significant Investigative Information" means Investigative Information 02 that a Licensing Board, after an inquiry or investigation that includes notification and 03 an opportunity for the PA to respond if required by State law, has reason to believe is 04 not groundless and, if proven true, would indicate more than a minor infraction. 05 (V) "State" means any state, commonwealth, district, or territory of the United 06 States. 07 SECTION 3. STATE PARTICIPATION IN THIS COMPACT. 08 (A) To participate in this Compact, a Participating State shall: 09 (1) License PAs. 10 (2) Participate in the Compact Commission's Data System. 11 (3) Have a mechanism in place for receiving and investigating 12 complaints against Licensees and License applicants. 13 (4) Notify the Commission, in compliance with the terms of this 14 Compact and Commission Rules, of any Adverse Action against a Licensee or License 15 applicant and the existence of Significant Investigative Information regarding a 16 Licensee or License applicant. 17 (5) Fully implement a Criminal Background Check requirement, 18 within a time frame established by Commission Rule, by its Licensing Board receiving 19 the results of a Criminal Background Check and reporting to the Commission whether 20 the License applicant has been granted a License. 21 (6) Comply with the Rules of the Compact Commission. 22 (7) Utilize passage of a recognized national exam such as the NCCPA 23 PANCE as a requirement for PA licensure. 24 (8) Grant the Compact Privilege to a holder of a Qualifying License in 25 a Participating State. 26 (B) Nothing in this Compact prohibits a Participating State from charging a 27 fee for granting the Compact Privilege. 28 SECTION 4. COMPACT PRIVILEGE. 29 (A) To exercise the Compact Privilege, a Licensee must: 30 (1) Have graduated from a PA program accredited by the Accreditation 31 Review Commission on Education for the Physician Assistant, Inc. or other programs
01 authorized by Commission Rule. 02 (2) Hold current NCCPA certification. 03 (3) Have no felony or misdemeanor Conviction. 04 (4) Have never had a controlled substance license, permit, or 05 registration suspended or revoked by a State or by the United States Drug 06 Enforcement Administration. 07 (5) Have a unique identifier as determined by Commission Rule. 08 (6) Hold a Qualifying License. 09 (7) Have had no revocation of a License or limitation or restriction on 10 any License currently held due to an adverse action. 11 (8) If a Licensee has had a limitation or restriction on a License or 12 Compact Privilege due to an Adverse Action, two years must have elapsed from the 13 date on which the License or Compact Privilege is no longer limited or restricted due 14 to the Adverse Action. 15 (9) If a Compact Privilege has been revoked or is limited or restricted 16 in a Participating State for conduct that would not be a basis for disciplinary action in 17 a Participating State in which the Licensee is practicing or applying to practice under 18 a Compact Privilege, that Participating State shall have the discretion not to 19 consider such action as an Adverse Action requiring the denial or removal of a 20 Compact Privilege in that State. 21 (10) Notify the Compact Commission that the Licensee is seeking the 22 Compact Privilege in a Remote State. 23 (11) Meet any Jurisprudence Requirement of a Remote State in which 24 the Licensee is seeking to practice under the Compact Privilege and pay any fees 25 applicable to satisfying the Jurisprudence Requirement. 26 (12) Report to the Commission any Adverse Action taken by a non- 27 participating State within thirty (30) days after the action is taken. 28 (B) The Compact Privilege is valid until the expiration or revocation of the 29 Qualifying License unless terminated pursuant to an Adverse Action. The Licensee 30 must also comply with all of the requirements of (A) of this Section above to maintain 31 the Compact Privilege in a Remote State. If the Participating State takes Adverse
01 Action against a Qualifying License, the Licensee shall lose the Compact Privilege in 02 any Remote State in which the Licensee has a Compact Privilege until all of the 03 following occur: 04 (1) The License is no longer limited or restricted; and 05 (2) Two (2) years have elapsed from the date on which the License is 06 no longer limited or restricted due to the Adverse Action. 07 (C) Once a restricted or limited License satisfies the requirements of (B)(1) 08 and (2) of this Section, the Licensee must meet the requirements of (A) of this Section 09 to obtain a Compact Privilege in any Remote State. 10 (D) For each Remote State in which a PA seeks authority to prescribe 11 controlled substances, the PA shall satisfy all requirements imposed by such State in 12 granting or renewing such authority. 13 SECTION 5. DESIGNATION OF THE STATE FROM WHICH LICENSEE IS 14 APPLYING FOR A COMPACT PRIVILEGE. 15 (A) Upon a Licensee's application for a Compact Privilege, the Licensee shall 16 identify to the Commission the Participating State from which the Licensee is 17 applying, in accordance with applicable Rules adopted by the Commission, and 18 subject to the following requirements: 19 (1) When applying for a Compact Privilege, the Licensee shall provide 20 the Commission with the address of the Licensee's primary residence and thereafter 21 shall immediately report to the Commission any change in the address of the 22 Licensee's primary residence. 23 (2) When applying for a Compact Privilege, the Licensee is required to 24 consent to accept service of process by mail at the Licensee's primary residence on file 25 with the Commission with respect to any action brought against the Licensee by the 26 Commission or a Participating State, including a subpoena, with respect to any action 27 brought or investigation conducted by the Commission or a Participating State. 28 SECTION 6. ADVERSE ACTIONS. 29 (A) A Participating State in which a Licensee is licensed shall have exclusive 30 power to impose Adverse Action against the Qualifying License issued by that 31 Participating State.
01 (B) In addition to the other powers conferred by State law, a Remote State 02 shall have the authority, in accordance with existing State due process law, to do all of 03 the following: 04 (1) Take Adverse Action against a PA's Compact Privilege within that 05 State to remove a Licensee's Compact Privilege or take other action necessary under 06 applicable law to protect the health and safety of its citizens. 07 (2) Issue subpoenas for both hearings and investigations that require 08 the attendance and testimony of witnesses as well as the production of evidence. 09 Subpoenas issued by a Licensing Board in a Participating State for the attendance and 10 testimony of witnesses or the production of evidence from another Participating State 11 shall be enforced in the latter State by any court of competent jurisdiction, according 12 to the practice and procedure of that court applicable to subpoenas issued in 13 proceedings pending before it. The issuing authority shall pay any witness fees, travel 14 expenses, mileage and other fees required by the service statutes of the State in which 15 the witnesses or evidence are located. 16 (3) Notwithstanding (2) of this subsection, subpoenas may not be 17 issued by a Participating State to gather evidence of conduct in another State that is 18 lawful in that other State for the purpose of taking Adverse Action against a Licensee's 19 Compact Privilege or application for a Compact Privilege in that Participating State. 20 (4) Nothing in this Compact authorizes a Participating State to impose 21 discipline against a PA's Compact Privilege or to deny an application for a Compact 22 Privilege in that Participating State for the individual's otherwise lawful practice in 23 another State. 24 (C) For purposes of taking Adverse Action, the Participating State which 25 issued the Qualifying License shall give the same priority and effect to reported 26 conduct received from any other Participating State as it would if the conduct had 27 occurred within the Participating State which issued the Qualifying License. In so 28 doing, that Participating State shall apply its own State laws to determine appropriate 29 action. 30 (D) A Participating State, if otherwise permitted by State law, may recover 31 from the affected PA the costs of investigations and disposition of cases resulting from
01 any Adverse Action taken against that PA. 02 (E) A Participating State may take Adverse Action based on the factual 03 findings of a Remote State, provided that the Participating State follows its own 04 procedures for taking the Adverse Action. 05 (F) Joint Investigations. 06 (1) In addition to the authority granted to a Participating State by its 07 respective State PA laws and regulations or other applicable State law, any 08 Participating State may participate with other Participating States in joint 09 investigations of Licensees. 10 (2) Participating States shall share any investigative, litigation, or 11 compliance materials in furtherance of any joint or individual investigation initiated 12 under this Compact. 13 (G) If an Adverse Action is taken against a PA's Qualifying License, the PA's 14 Compact Privilege in all Remote States shall be deactivated until two (2) years have 15 elapsed after all restrictions have been removed from the State License. All 16 disciplinary orders by the Participating State which issued the Qualifying License that 17 impose Adverse Action against a PA's License shall include a Statement that the PA's 18 Compact Privilege is deactivated in all Participating States during the pendency of the 19 order. 20 (H) If any Participating State takes Adverse Action, it promptly shall notify 21 the administrator of the Data System. 22 SECTION 7. ESTABLISHMENT OF THE PA LICENSURE COMPACT 23 COMMISSION. 24 (A) The Participating States hereby create and establish a joint government 25 agency and national administrative body known as the PA Licensure Compact 26 Commission. The Commission is an instrumentality of the Compact States acting 27 jointly and not an instrumentality of any one State. The Commission shall come into 28 existence on or after the effective date of the Compact as set forth in Section 11(A). 29 (B) Membership, Voting, and Meetings. 30 (1) Each Participating State shall have and be limited to one (1) 31 delegate selected by that Participating State's Licensing Board or, if the State has more
01 than one Licensing Board, selected collectively by the Participating State's Licensing 02 Boards. 03 (2) The delegate shall be either: 04 (a) A current PA, physician or public member of a Licensing 05 Board or PA Council/Committee; or 06 (b) An administrator of a Licensing Board. 07 (3) Any delegate may be removed or suspended from office as 08 provided by the laws of the State from which the delegate is appointed. 09 (4) The Participating State Licensing Board shall fill any vacancy 10 occurring in the Commission within sixty (60) days. 11 (5) Each delegate shall be entitled to one (1) vote on all matters voted 12 on by the Commission and shall otherwise have an opportunity to participate in the 13 business and affairs of the Commission. A delegate shall vote in person or by such 14 other means as provided in the bylaws. The bylaws may provide for delegates' 15 participation in meetings by telecommunications, video conference, or other means of 16 communication. 17 (6) The Commission shall meet at least once during each calendar 18 year. Additional meetings shall be held as set forth in this Compact and the bylaws. 19 (7) The Commission shall establish by Rule a term of office for 20 delegates. 21 (C) The Commission shall have the following powers and duties: 22 (1) Establish a code of ethics for the Commission; 23 (2) Establish the fiscal year of the Commission; 24 (3) Establish fees; 25 (4) Establish bylaws; 26 (5) Maintain its financial records in accordance with the bylaws; 27 (6) Meet and take such actions as are consistent with the provisions of 28 this Compact and the bylaws; 29 (7) Promulgate Rules to facilitate and coordinate implementation and 30 administration of this Compact. The Rules shall have the force and effect of law and 31 shall be binding in all Participating States;
01 (8) Bring and prosecute legal proceedings or actions in the name of the 02 Commission, provided that the standing of any State Licensing Board to sue or be 03 sued under applicable law shall not be affected; 04 (9) Purchase and maintain insurance and bonds; 05 (10) Borrow, accept, or contract for services of personnel, including, 06 but not limited to, employees of a Participating State; 07 (11) Hire employees and engage contractors, elect or appoint officers, 08 fix compensation, define duties, grant such individuals appropriate authority to carry 09 out the purposes of this Compact, and establish the Commission's personnel policies 10 and programs relating to conflicts of interest, qualifications of personnel, and other 11 related personnel matters; 12 (12) Accept any and all appropriate donations and grants of money, 13 equipment, supplies, materials and services, and receive, utilize and dispose of the 14 same; provided that at all times the Commission shall avoid any appearance of 15 impropriety or conflict of interest; 16 (13) Lease, purchase, accept appropriate gifts or donations of, or 17 otherwise own, hold, improve or use, any property, real, personal or mixed; provided 18 that at all times the Commission shall avoid any appearance of impropriety; 19 (14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 20 otherwise dispose of any property real, personal, or mixed; 21 (15) Establish a budget and make expenditures; 22 (16) Borrow money; 23 (17) Appoint committees, including standing committees composed of 24 members, State regulators, State legislators or their representatives, and consumer 25 representatives, and such other interested persons as may be designated in this 26 Compact and the bylaws; 27 (18) Provide and receive information from, and cooperate with, law 28 enforcement agencies; 29 (19) Elect a Chair, Vice Chair, Secretary and Treasurer and such other 30 officers of the Commission as provided in the Commission's bylaws; 31 (20) Reserve for itself, in addition to those reserved exclusively to the
01 Commission under the Compact, powers that the Executive Committee may not 02 exercise; 03 (21) Approve or disapprove a State's participation in the Compact 04 based upon its determination as to whether the State's Compact legislation departs in a 05 material manner from the Model Compact language; 06 (22) Prepare and provide to the Participating States an annual report; 07 and 08 (23) Perform such other functions as may be necessary or appropriate 09 to achieve the purposes of this Compact consistent with the State regulation of PA 10 licensure and practice. 11 (D) Meetings of the Commission. 12 (1) All meetings of the Commission that are not closed pursuant to this 13 subsection shall be open to the public. Notice of public meetings shall be posted on the 14 Commission's website at least thirty (30) days prior to the public meeting. 15 (2) Notwithstanding (D)(1) of this Section, the Commission may 16 convene a public meeting by providing at least twenty-four (24) hours prior notice on 17 the Commission's website, and any other means as provided in the Commission's 18 Rules, for any of the reasons it may dispense with notice of proposed rulemaking 19 under Section 9(L). 20 (3) The Commission may convene in a closed, non-public meeting or 21 non-public part of a public meeting to receive legal advice or to discuss: 22 (a) Non-compliance of a Participating State with its obligations 23 under this Compact; 24 (b) The employment, compensation, discipline or other matters, 25 practices or procedures related to specific employees or other matters related to 26 the Commission's internal personnel practices and procedures; 27 (c) Current, threatened, or reasonably anticipated litigation; 28 (d) Negotiation of contracts for the purchase, lease, or sale of 29 goods, services, or real estate; 30 (e) Accusing any person of a crime or formally censuring any 31 person;
01 (f) Disclosure of trade secrets or commercial or financial 02 information that is privileged or confidential; 03 (g) Disclosure of information of a personal nature where 04 disclosure would constitute a clearly unwarranted invasion of personal privacy; 05 (h) Disclosure of investigative records compiled for law 06 enforcement purposes; 07 (i) Disclosure of information related to any investigative 08 reports prepared by or on behalf of or for use of the Commission or other 09 committee charged with responsibility of investigation or determination of 10 compliance issues pursuant to this Compact; 11 (j) Legal advice; or 12 (k) Matters specifically exempted from disclosure by federal or 13 Participating States' statutes. 14 (4) If a meeting, or portion of a meeting, is closed pursuant to this 15 provision, the chair of the meeting or the chair's designee shall certify that the meeting 16 or portion of the meeting may be closed and shall reference each relevant exempting 17 provision. 18 (5) The Commission shall keep minutes that fully and clearly describe 19 all matters discussed in a meeting and shall provide a full and accurate summary of 20 actions taken, including a description of the views expressed. All documents 21 considered in connection with an action shall be identified in such minutes. All 22 minutes and documents of a closed meeting shall remain under seal, subject to release 23 by a majority vote of the Commission or order of a court of competent jurisdiction. 24 (E) Financing of the Commission. 25 (1) The Commission shall pay, or provide for the payment of, the 26 reasonable expenses of its establishment, organization, and ongoing activities. 27 (2) The Commission may accept any and all appropriate revenue 28 sources, donations, and grants of money, equipment, supplies, materials, and services. 29 (3) The Commission may levy on and collect an annual assessment 30 from each Participating State and may impose Compact Privilege fees on Licensees of 31 Participating States to whom a Compact Privilege is granted to cover the cost of the
01 operations and activities of the Commission and its staff, which must be in a total 02 amount sufficient to cover its annual budget as approved by the Commission each year 03 for which revenue is not provided by other sources. The aggregate annual assessment 04 amount levied on Participating States shall be allocated based upon a formula to be 05 determined by Commission Rule. 06 (a) A Compact Privilege expires when the Licensee's 07 Qualifying License in the Participating State from which the Licensee applied 08 for the Compact Privilege expires. 09 (b) If the Licensee terminates the Qualifying License through 10 which the Licensee applied for the Compact Privilege before its scheduled 11 expiration, and the Licensee has a Qualifying License in another Participating 12 State, the Licensee shall inform the Commission that it is changing to that 13 Participating State the Participating State through which it applies for a 14 Compact Privilege and pay to the Commission any Compact Privilege fee 15 required by Commission Rule. 16 (4) The Commission shall not incur obligations of any kind prior to 17 securing the funds adequate to meet the same; nor shall the Commission pledge the 18 credit of any of the Participating States, except by and with the authority of the 19 Participating State. 20 (5) The Commission shall keep accurate accounts of all receipts and 21 disbursements. The receipts and disbursements of the Commission shall be subject to 22 the financial review and accounting procedures established under its bylaws. All 23 receipts and disbursements of funds handled by the Commission shall be subject to an 24 annual financial review by a certified or licensed public accountant, and the report of 25 the financial review shall be included in and become part of the annual report of the 26 Commission. 27 (F) The Executive Committee. 28 (1) The Executive Committee shall have the power to act on behalf of 29 the Commission according to the terms of this Compact and Commission Rules. 30 (2) The Executive Committee shall be composed of nine (9) members: 31 (a) Seven voting members who are elected by the Commission
01 from the current membership of the Commission; 02 (b) One ex-officio, nonvoting member from a recognized 03 national PA professional association; and 04 (c) One ex-officio, nonvoting member from a recognized 05 national PA certification organization. 06 (3) The ex-officio members will be selected by their respective 07 organizations. 08 (4) The Commission may remove any member of the Executive 09 Committee as provided in its bylaws. 10 (5) The Executive Committee shall meet at least annually. 11 (6) The Executive Committee shall have the following duties and 12 responsibilities: 13 (a) Recommend to the Commission changes to the 14 Commission's Rules or bylaws, changes to this Compact legislation, fees to be 15 paid by Compact Participating States such as annual dues, and any 16 Commission Compact fee charged to Licensees for the Compact Privilege; 17 (b) Ensure Compact administration services are appropriately 18 provided, contractual or otherwise; 19 (c) Prepare and recommend the budget; 20 (d) Maintain financial records on behalf of the Commission; 21 (e) Monitor Compact compliance of Participating States and 22 provide compliance reports to the Commission; 23 (f) Establish additional committees as necessary; 24 (g) Exercise the powers and duties of the Commission during 25 the interim between Commission meetings, except for issuing proposed 26 rulemaking or adopting Commission Rules or bylaws, or exercising any other 27 powers and duties exclusively reserved to the Commission by the 28 Commission's Rules; and 29 (h) Perform other duties as provided in the Commission's Rules 30 or bylaws. 31 (7) All meetings of the Executive Committee at which it votes or plans
01 to vote on matters in exercising the powers and duties of the Commission shall be 02 open to the public and public notice of such meetings shall be given as public 03 meetings of the Commission are given. 04 (8) The Executive Committee may convene in a closed, non-public 05 meeting for the same reasons that the Commission may convene in a non-public 06 meeting as set forth in Section 7(D)(3) and shall announce the closed meeting as the 07 Commission is required to under Section 7(D)(4) and keep minutes of the closed 08 meeting as the Commission is required to under Section 7(D)(5). 09 (G) 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, both 12 personally and in their official capacity, for any claim for damage to or loss of 13 property or personal injury or other civil liability caused by or arising out of any actual 14 or alleged act, error, or omission that occurred, or that the person against whom the 15 claim is made had a reasonable basis for believing occurred within the scope of 16 Commission employment, duties or responsibilities; provided that nothing in this 17 paragraph shall be construed to protect any such person from suit or liability for any 18 damage, loss, injury, or liability caused by the intentional or willful or wanton 19 misconduct of that person. The procurement of insurance of any type by the 20 Commission shall not in any way compromise or limit the immunity granted 21 hereunder. 22 (2) The Commission shall defend any member, officer, executive 23 director, employee, and representative of the Commission in any civil action seeking 24 to impose liability arising out of any actual or alleged act, error, or omission that 25 occurred within the scope of Commission employment, duties, or responsibilities, or 26 as determined by the Commission that the person against whom the claim is made had 27 a reasonable basis for believing occurred within the scope of Commission 28 employment, duties, or responsibilities; provided that nothing herein shall be 29 construed to prohibit that person from retaining their own counsel at their own 30 expense; and provided further, that the actual or alleged act, error, or omission did not 31 result from that person's intentional or willful or wanton misconduct.
01 (3) The Commission shall indemnify and hold harmless any member, 02 officer, executive director, employee, and representative of the Commission for the 03 amount of any settlement or judgment obtained against that person arising out of any 04 actual or alleged act, error, or omission that occurred within the scope of Commission 05 employment, duties, or responsibilities, or that such person had a reasonable basis for 06 believing occurred within the scope of Commission employment, duties, or 07 responsibilities, provided that the actual or alleged act, error, or omission did not result 08 from the intentional or willful or wanton misconduct of that person. 09 (4) Venue is proper and judicial proceedings by or against the 10 Commission shall be brought solely and exclusively in a court of competent 11 jurisdiction where the principal office of the Commission is located. The Commission 12 may waive venue and jurisdictional defenses in any proceedings as authorized by 13 Commission Rules. 14 (5) Nothing herein shall be construed as a limitation on the liability of 15 any Licensee for professional malpractice or misconduct, which shall be governed 16 solely by any other applicable State laws. 17 (6) Nothing herein shall be construed to designate the venue or 18 jurisdiction to bring actions for alleged acts of malpractice, professional misconduct, 19 negligence, or other such civil action pertaining to the practice of a PA. All such 20 matters shall be determined exclusively by State law other than this Compact. 21 (7) Nothing in this Compact shall be interpreted to waive or otherwise 22 abrogate a Participating State's state action immunity or state action affirmative 23 defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any 24 other State or federal antitrust or anticompetitive law or regulation. 25 (8) Nothing in this Compact shall be construed to be a waiver of 26 sovereign immunity by the Participating States or by the Commission. 27 SECTION 8. DATA SYSTEM. 28 (A) The Commission shall provide for the development, maintenance, 29 operation, and utilization of a coordinated data and reporting system containing 30 licensure, Adverse Action, and the reporting of the existence of Significant 31 Investigative Information on all licensed PAs and applicants denied a License in
01 Participating States. 02 (B) Notwithstanding any other State law to the contrary, a Participating State 03 shall submit a uniform data set to the Data System on all PAs to whom this Compact 04 is applicable (utilizing a unique identifier) as required by the Rules of the 05 Commission, including: 06 (1) Identifying information; 07 (2) Licensure data; 08 (3) Adverse Actions against a License or Compact Privilege; 09 (4) Any denial of application for licensure, and the reason(s) for such 10 denial (excluding the reporting of any Criminal history record information where 11 prohibited by law); 12 (5) The existence of Significant Investigative Information; and 13 (6) Other information that may facilitate the administration of this 14 Compact, as determined by the Rules of the Commission. 15 (C) Significant Investigative Information pertaining to a Licensee in any 16 Participating State shall only be available to other Participating States. 17 (D) The Commission shall promptly notify all Participating States of any 18 Adverse Action taken against a Licensee or an individual applying for a License that 19 has been reported to it. This Adverse Action information shall be available to any 20 other Participating State. 21 (E) Participating States contributing information to the Data System may, in 22 accordance with State or federal law, designate information that may not be shared 23 with the public without the express permission of the contributing State. 24 Notwithstanding any such designation, such information shall be reported to the 25 Commission through the Data System. 26 (F) Any information submitted to the Data System that is subsequently 27 expunged pursuant to federal law or the laws of the Participating State contributing the 28 information shall be removed from the Data System upon reporting of such by the 29 Participating State to the Commission. 30 (G) The records and information provided to a Participating State pursuant to 31 this Compact or through the Data System, when certified by the Commission or an
01 agent thereof, shall constitute the authenticated business records of the Commission, 02 and shall be entitled to any associated hearsay exception in any relevant judicial, 03 quasi-judicial or administrative proceedings in a Participating State. 04 SECTION 9. RULEMAKING. 05 (A) The Commission shall exercise its Rulemaking powers pursuant to the 06 criteria set forth in this Section and the Rules adopted thereunder. Commission Rules 07 shall become binding as of the date specified by the Commission for each Rule. 08 (B) The Commission shall promulgate reasonable Rules in order to effectively 09 and efficiently implement and administer this Compact and achieve its purposes. A 10 Commission Rule shall be invalid and have no force or effect only if a court of 11 competent jurisdiction holds that the Rule is invalid because the Commission 12 exercised its rulemaking authority in a manner that is beyond the scope of the 13 purposes of this Compact, or the powers granted hereunder, or based upon another 14 applicable standard of review. 15 (C) The Rules of the Commission shall have the force of law in each 16 Participating State, provided however that where the Rules of the Commission conflict 17 with the laws of the Participating State that establish the medical services a PA may 18 perform in the Participating State, as held by a court of competent jurisdiction, the 19 Rules of the Commission shall be ineffective in that State to the extent of the conflict. 20 (D) If a majority of the legislatures of the Participating States rejects a 21 Commission Rule, by enactment of a statute or resolution in the same manner used to 22 adopt this Compact within four (4) years of the date of adoption of the Rule, then such 23 Rule shall have no further force and effect in any Participating State or to any State 24 applying to participate in the Compact. 25 (E) Commission Rules shall be adopted at a regular or special meeting of the 26 Commission. 27 (F) Prior to promulgation and adoption of a final Rule or Rules by the 28 Commission, and at least thirty (30) days in advance of the meeting at which the Rule 29 will be considered and voted upon, the Commission shall file a Notice of Proposed 30 Rulemaking: 31 (1) On the website of the Commission or other publicly accessible
01 platform; and 02 (2) To persons who have requested notice of the Commission's notices 03 of proposed rulemaking; and 04 (3) In such other way(s) as the Commission may by Rule specify. 05 (G) The Notice of Proposed Rulemaking shall include: 06 (1) The time, date, and location of the public hearing on the proposed 07 Rule and the proposed time, date and location of the meeting in which the proposed 08 Rule will be considered and voted upon; 09 (2) The text of the proposed Rule and the reason for the proposed 10 Rule; 11 (3) A request for comments on the proposed Rule from any interested 12 person and the date by which written comments must be received; and 13 (4) The manner in which interested persons may submit notice to the 14 Commission of their intention to attend the public hearing or provide any written 15 comments. 16 (H) 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 (I) If the hearing is to be held via electronic means, the Commission shall 20 publish the mechanism for access to the electronic hearing. 21 (1) All persons wishing to be heard at the hearing shall as directed in 22 the Notice of Proposed Rulemaking, not less than five (5) business days before the 23 scheduled date of the hearing, notify the Commission of their desire to appear and 24 testify at the hearing. 25 (2) Hearings shall be conducted in a manner providing each person 26 who wishes to comment a fair and reasonable opportunity to comment orally or in 27 writing. 28 (3) All hearings shall be recorded. A copy of the recording and the 29 written comments, data, facts, opinions, and arguments received in response to the 30 proposed rulemaking shall be made available to a person upon request. 31 (4) Nothing in this section shall be construed as requiring a separate
01 hearing on each proposed Rule. Proposed Rules may be grouped for the convenience 02 of the Commission at hearings required by this section. 03 (J) Following the public hearing the Commission shall consider all written and 04 oral comments timely received. 05 (K) The Commission shall, by majority vote of all delegates, take final action 06 on the proposed Rule and shall determine the effective date of the Rule, if adopted, 07 based on the Rulemaking record and the full text of the Rule. 08 (1) If adopted, the Rule shall be posted on the Commission's website. 09 (2) The Commission may adopt changes to the proposed Rule 10 provided the changes do not enlarge the original purpose of the proposed Rule. 11 (3) The Commission shall provide on its website an explanation of the 12 reasons for substantive changes made to the proposed Rule as well as reasons for 13 substantive changes not made that were recommended by commenters. 14 (4) The Commission shall determine a reasonable effective date for the 15 Rule. Except for an emergency as provided in (L) of this Section, the effective date of 16 the Rule shall be no sooner than thirty (30) days after the Commission issued the 17 notice that it adopted the Rule. 18 (L) Upon determination that an emergency exists, the Commission may 19 consider and adopt an emergency Rule with twenty-four (24) hours prior notice, 20 without the opportunity for comment, or hearing, provided that the usual rulemaking 21 procedures provided in this Compact and in this section shall be retroactively applied 22 to the Rule as soon as reasonably possible, in no event later than ninety (90) days after 23 the effective date of the Rule. For the purposes of this provision, an emergency Rule is 24 one that must be adopted immediately by the Commission in order to: 25 (1) Meet an imminent threat to public health, safety, or welfare; 26 (2) Prevent a loss of Commission or Participating State funds; 27 (3) Meet a deadline for the promulgation of a Commission Rule that is 28 established by federal law or Rule; or 29 (4) Protect public health and safety. 30 (M) The Commission or an authorized committee of the Commission may 31 direct revisions to a previously adopted Commission Rule for purposes of correcting
01 typographical errors, errors in format, errors in consistency, or grammatical errors. 02 Public notice of any revisions shall be posted on the website of the Commission. The 03 revision shall be subject to challenge by any person for a period of thirty (30) days 04 after posting. The revision may be challenged only on grounds that the revision results 05 in a material change to a Rule. A challenge shall be made as set forth in the notice of 06 revisions and delivered to the Commission prior to the end of the notice period. If no 07 challenge is made, the revision will take effect without further action. If the revision is 08 challenged, the revision may not take effect without the approval of the Commission. 09 (N) No Participating State's rulemaking requirements shall apply under this 10 Compact. 11 SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 12 (A) Oversight. 13 (1) The executive and judicial branches of State government in each 14 Participating State shall enforce this Compact and take all actions necessary and 15 appropriate to implement the Compact. 16 (2) Venue is proper and judicial proceedings by or against the 17 Commission shall be brought solely and exclusively in a court of competent 18 jurisdiction where the principal office of the Commission is located. The Commission 19 may waive venue and jurisdictional defenses to the extent it adopts or consents to 20 participate in alternative dispute resolution proceedings. Nothing herein shall affect or 21 limit the selection or propriety of venue in any action against a Licensee for 22 professional malpractice, misconduct or any such similar matter. 23 (3) The Commission shall be entitled to receive service of process in 24 any proceeding regarding the enforcement or interpretation of the Compact or the 25 Commission's Rules and shall have standing to intervene in such a proceeding for all 26 purposes. Failure to provide the Commission with service of process shall render a 27 judgment or order in such proceeding void as to the Commission, this Compact, or 28 Commission Rules. 29 (B) Default, Technical Assistance, and Termination. 30 (1) If the Commission determines that a Participating State has 31 defaulted in the performance of its obligations or responsibilities under this Compact
01 or the Commission Rules, the Commission shall provide written notice to the 02 defaulting State and other Participating States. The notice shall describe the default, 03 the proposed means of curing the default and any other action that the Commission 04 may take and shall offer remedial training and specific technical assistance regarding 05 the default. 06 (2) If a State in default fails to cure the default, the defaulting State 07 may be terminated from this Compact upon an affirmative vote of a majority of the 08 delegates of the Participating States, and all rights, privileges and benefits conferred 09 by this Compact upon such State may be terminated on the effective date of 10 termination. A cure of the default does not relieve the offending State of obligations or 11 liabilities incurred during the period of default. 12 (3) Termination of participation in this Compact shall be imposed only 13 after all other means of securing compliance have been exhausted. Notice of intent to 14 suspend or terminate shall be given by the Commission to the governor, the majority 15 and minority leaders of the defaulting State's legislature, and to the Licensing Board(s) 16 of each of the Participating States. 17 (4) A State that has been terminated is responsible for all assessments, 18 obligations, and liabilities incurred through the effective date of termination, including 19 obligations that extend beyond the effective date of termination. 20 (5) The Commission shall not bear any costs related to a State that is 21 found to be in default or that has been terminated from this Compact, unless agreed 22 upon in writing between the Commission and the defaulting State. 23 (6) The defaulting State may appeal its termination from the Compact 24 by the Commission by petitioning the U.S. District Court for the District of Columbia 25 or the federal district where the Commission has its principal offices. The prevailing 26 member shall be awarded all costs of such litigation, including reasonable attorney's 27 fees. 28 (7) Upon the termination of a State's participation in the Compact, the 29 State shall immediately provide notice to all Licensees within that State of such 30 termination: 31 (a) Licensees who have been granted a Compact Privilege in
01 that State shall retain the Compact Privilege for one hundred eighty (180) days 02 following the effective date of such termination. 03 (b) Licensees who are licensed in that State who have been 04 granted a Compact Privilege in a Participating State shall retain the Compact 05 Privilege for one hundred eighty (180) days unless the Licensee also has a 06 Qualifying License in a Participating State or obtains a Qualifying License in a 07 Participating State before the one hundred eighty (180)-day period ends, in 08 which case the Compact Privilege shall continue. 09 (C) Dispute Resolution. 10 (1) Upon request by a Participating State, the Commission shall 11 attempt to resolve disputes related to this Compact that arise among Participating 12 States and between participating and non-Participating States. 13 (2) The Commission shall promulgate a Rule providing for both 14 mediation and binding dispute resolution for disputes as appropriate. 15 (D) Enforcement. 16 (1) The Commission, in the reasonable exercise of its discretion, shall 17 enforce the provisions of this Compact and Rules of the Commission. 18 (2) If compliance is not secured after all means to secure compliance 19 have been exhausted, by majority vote, the Commission may initiate legal action in the 20 United States District Court for the District of Columbia or the federal district where 21 the Commission has its principal offices, against a Participating State in default to 22 enforce compliance with the provisions of this Compact and the Commission's 23 promulgated Rules and bylaws. The relief sought may include both injunctive relief 24 and damages. In the event judicial enforcement is necessary, the prevailing party shall 25 be awarded all costs of such litigation, including reasonable attorney's fees. 26 (3) The remedies herein shall not be the exclusive remedies of the 27 Commission. The Commission may pursue any other remedies available under federal 28 or State law. 29 (E) Legal Action Against the Commission. 30 (1) A Participating State may initiate legal action against the 31 Commission in the U.S. District Court for the District of Columbia or the federal
01 district where the Commission has its principal offices to enforce compliance with the 02 provisions of the Compact and its Rules. The relief sought may include both injunctive 03 relief and damages. In the event judicial enforcement is necessary, the prevailing party 04 shall be awarded all costs of such litigation, including reasonable attorney's fees. 05 (2) No person other than a Participating State shall enforce this 06 Compact against the Commission. 07 SECTION 11. DATE OF IMPLEMENTATION OF THE PA LICENSURE 08 COMPACT COMMISSION. 09 (A) This Compact shall come into effect on the date on which this Compact 10 statute is enacted into law in the seventh Participating State. 11 (1) On or after the effective date of the Compact, the Commission shall 12 convene and review the enactment of each of the States that enacted the Compact prior 13 to the Commission convening ("Charter Participating States") to determine if the 14 statute enacted by each such Charter Participating State is materially different than the 15 Model Compact. 16 (a) A Charter Participating State whose enactment is found to 17 be materially different from the Model Compact shall be entitled to the default 18 process set forth in Section 10(B). 19 (b) If any Participating State later withdraws from the Compact 20 or its participation is terminated, the Commission shall remain in existence and 21 the Compact shall remain in effect even if the number of Participating States 22 should be less than seven. Participating States enacting the Compact 23 subsequent to the Commission convening shall be subject to the process set 24 forth in Section 7(C)(21) to determine if their enactments are materially 25 different from the Model Compact and whether they qualify for participation in 26 the Compact. 27 (2) Participating States enacting the Compact subsequent to the seven 28 initial Charter Participating States shall be subject to the process set forth in Section 29 7(C)(21) to determine if their enactments are materially different from the Model 30 Compact and whether they qualify for participation in the Compact. 31 (3) All actions taken for the benefit of the Commission or in
01 furtherance of the purposes of the administration of the Compact prior to the effective 02 date of the Compact or the Commission coming into existence shall be considered to 03 be actions of the Commission unless specifically repudiated by the Commission. 04 (B) Any State that joins this Compact shall be subject to the Commission's 05 Rules and bylaws as they exist on the date on which this Compact becomes law in that 06 State. Any Rule that has been previously adopted by the Commission shall have the 07 full force and effect of law on the day this Compact becomes law in that State. 08 (C) Any Participating State may withdraw from this Compact by enacting a 09 statute repealing the same. 10 (1) A Participating State's withdrawal shall not take effect until one 11 hundred eighty (180) days after enactment of the repealing statute. During this one 12 hundred eighty (180) day-period, all Compact Privileges that were in effect in the 13 withdrawing State and were granted to Licensees licensed in the withdrawing State 14 shall remain in effect. If any Licensee licensed in the withdrawing State is also 15 licensed in another Participating State or obtains a license in another Participating 16 State within the one hundred eighty (180) days, the Licensee's Compact Privileges in 17 other Participating States shall not be affected by the passage of the one hundred 18 eighty (180) days. 19 (2) Withdrawal shall not affect the continuing requirement of the State 20 Licensing Board(s) of the withdrawing State to comply with the investigative, and 21 Adverse Action reporting requirements of this Compact prior to the effective date of 22 withdrawal. 23 (3) Upon the enactment of a statute withdrawing a State from this 24 Compact, the State shall immediately provide notice of such withdrawal to all 25 Licensees within that State. Such withdrawing State shall continue to recognize all 26 licenses granted pursuant to this Compact for a minimum of one hundred eighty (180) 27 days after the date of such notice of withdrawal. 28 (D) Nothing contained in this Compact shall be construed to invalidate or 29 prevent any PA licensure agreement or other cooperative arrangement between 30 Participating States and between a Participating State and non-Participating State that 31 does not conflict with the provisions of this Compact.
01 (E) This Compact may be amended by the Participating States. No amendment 02 to this Compact shall become effective and binding upon any Participating State until 03 it is enacted materially in the same manner into the laws of all Participating States as 04 determined by the Commission. 05 SECTION 12. CONSTRUCTION AND SEVERABILITY. 06 (A) This Compact and the Commission's rulemaking authority shall be 07 liberally construed so as to effectuate the purposes, and the implementation and 08 administration of the Compact. Provisions of the Compact expressly authorizing or 09 requiring the promulgation of Rules shall not be construed to limit the Commission's 10 rulemaking authority solely for those purposes. 11 (B) The provisions of this Compact shall be severable and if any phrase, 12 clause, sentence or provision of this Compact is held by a court of competent 13 jurisdiction to be contrary to the constitution of any Participating State, a State seeking 14 participation in the Compact, or of the United States, or the applicability thereof to any 15 government, agency, person or circumstance is held to be unconstitutional by a court 16 of competent jurisdiction, the validity of the remainder of this Compact and the 17 applicability thereof to any other government, agency, person or circumstance shall 18 not be affected thereby. 19 (C) Notwithstanding (B) of this section or this section, the Commission may 20 deny a State's participation in the Compact or, in accordance with the requirements of 21 Section 10(B), terminate a Participating State's participation in the Compact, if it 22 determines that a constitutional requirement of a Participating State is, or would be 23 with respect to a State seeking to participate in the Compact, a material departure from 24 the Compact. Otherwise, if this Compact shall be held to be contrary to the 25 constitution of any Participating State, the Compact shall remain in full force and 26 effect as to the remaining Participating States and in full force and effect as to the 27 Participating State affected as to all severable matters. 28 SECTION 13. BINDING EFFECT OF COMPACT. 29 (A) Nothing herein prevents the enforcement of any other law of a 30 Participating State that is not inconsistent with this Compact. 31 (B) Any laws in a Participating State in conflict with this Compact are
01 superseded to the extent of the conflict. 02 (C) All agreements between the Commission and the Participating States are 03 binding in accordance with their terms. 04 * Sec. 4. AS 08.64.315 is amended to read: 05 Sec. 08.64.315. Fees. The department shall set fees under AS 08.01.065 for 06 each of the following: 07 (1) application; 08 (2) license by examination; 09 (3) license by endorsement or waiver of examination; 10 (4) temporary permit; 11 (5) locum tenens permit; 12 (6) license renewal, active; 13 (7) license renewal, inactive; 14 (8) license by reexamination; 15 (9) expedited license issued or renewed through the Interstate 16 Medical Licensure Compact under AS 08.64.253; 17 (10) compact privilege. 18 * Sec. 5. AS 08.86.070 is amended to read: 19 Sec. 08.86.070. Duties of the board. The board shall 20 (1) establish objective examination requirements for persons who 21 apply for a license to practice psychology in the state; 22 (2) examine, or cause to be examined, eligible license applicants; 23 (3) approve the issuance of licenses to qualified applicants; 24 (4) adopt regulations establishing standards for the practice of 25 psychology; 26 (5) impose disciplinary sanctions as authorized by this chapter; 27 (6) adopt regulations requiring proof of continued competency for 28 license renewal; 29 (7) review, when requested by the department, the quality and 30 availability of psychological services in the state; 31 (8) compile information for submission to the department on the
01 practice of psychology by psychologists and psychological associates in the state; 02 (9) implement the Psychology Interjurisdictional Compact under 03 AS 08.86.225. 04 * Sec. 6. AS 08.86.130(a) is amended to read: 05 (a) The board shall issue a psychologist license to a person who 06 (1) holds an earned doctorate degree, from an academic institution 07 whose program of graduate study for a doctorate degree in psychology meets the 08 criteria established by the board by regulation, in 09 (A) clinical psychology; 10 (B) counseling psychology; or 11 (C) education in a field of specialization considered equivalent 12 by the board; 13 (2) has not engaged in dishonorable conduct related to the practice of 14 counseling or psychometry; 15 (3) has one year of post doctoral supervised experience approved by 16 the board; [AND] 17 (4) takes and passes the objective examination developed or approved 18 by the board; and 19 (5) has been fingerprinted and has provided the fees required by 20 the Department of Public Safety under AS 12.62.160 for criminal justice 21 information and a national criminal history record check; the fingerprints and 22 fees shall be forwarded to the Department of Public Safety to obtain a report of 23 criminal justice information under AS 12.62 and a national criminal history 24 record check under AS 12.62.400. 25 * Sec. 7. AS 08.86.140(a) is amended to read: 26 (a) The department shall set fees under AS 08.01.065 for the following: 27 (1) application; 28 (2) examination; 29 (3) credential review; 30 (4) initial license; 31 (5) license renewal;
01 (6) authority to practice under AS 08.86.225. 02 * Sec. 8. AS 08.86.150 is amended to read: 03 Sec. 08.86.150. License by credentials. A person who is licensed or certified 04 as a psychologist by a licensing authority other than the state is entitled to be licensed 05 in the state without examination if the person applies on the proper application form, 06 submits proof of continued competence as required by regulation of the board, 07 submits the person's fingerprints and fees as required under (b) of this section, 08 pays the credential review fee, and the person 09 (1) holds a doctoral degree with primary emphasis on psychology that 10 satisfies the requirements of AS 08.86.130 and the examination and qualification 11 requirements for the person's out-of-state license or certificate were essentially similar 12 to or higher than the examination and qualification requirements for licensure under 13 this chapter; 14 (2) is a diplomate in good standing of the American Board of 15 Professional Psychology; or 16 (3) is certified or registered with a credentialing organization in 17 psychology approved by the board in regulation and with requirements essentially 18 similar to or higher than the requirements for licensure under this chapter. 19 * Sec. 9. AS 08.86.150 is amended by adding a new subsection to read: 20 (b) An applicant for a license by credentials shall submit to the board 21 the applicant's fingerprints and the fees required by the Department of Public Safety 22 under AS 12.62.160 for criminal justice information and a national criminal history 23 record check. The board shall forward the fingerprints and fees to the Department of 24 Public Safety to obtain a report of criminal justice information under AS 12.62 and a 25 national criminal history record check under AS 12.62.400. 26 * Sec. 10. AS 08.86 is amended by adding a new section to read: 27 Article 5A. Psychology Interjurisdictional Compact. 28 Sec. 08.86.225. Compact enacted. The Psychology Interjurisdictional 29 Compact as contained in this section is enacted into law and entered into on behalf of 30 the state with all other states and jurisdictions legally joining it in a form substantially 31 as follows:
01 ARTICLE I. PURPOSE. 02 Whereas, states license psychologists, in order to protect the public through 03 verification of education, training and experience and ensure accountability for 04 professional practice; and 05 Whereas, this Compact is intended to regulate the day to day practice of 06 telepsychology (i.e. the provision of psychological services using telecommunication 07 technologies) by psychologists across state boundaries in the performance of their 08 psychological practice as assigned by an appropriate authority; and 09 Whereas, this Compact is intended to regulate the temporary in-person, face- 10 to-face practice of psychology by psychologists across state boundaries for 30 days 11 within a calendar year in the performance of their psychological practice as assigned 12 by an appropriate authority; 13 Whereas, this Compact is intended to authorize State Psychology Regulatory 14 Authorities to afford legal recognition, in a manner consistent with the terms of the 15 Compact, to psychologists licensed in another state; 16 Whereas, this Compact recognizes that states have a vested interest in 17 protecting the public's health and safety through their licensing and regulation of 18 psychologists and that such state regulation will best protect public health and safety; 19 Whereas, this Compact does not apply when a psychologist is licensed in both 20 the home and Receiving States; and 21 Whereas, this Compact does not apply to permanent in-person, face-to-face 22 practice, it does allow for authorization of temporary psychological practice. 23 Consistent with these principles, this Compact is designed to achieve the 24 following purposes and objectives: 25 (1) Increase public access to professional psychological services by 26 allowing for telepsychological practice across state lines as well as temporary in- 27 person, face-to-face services in a state which the psychologist is not licensed to 28 practice psychology; 29 (2) Enhance the states' ability to protect the public's health and safety, 30 especially client/patient safety; 31 (3) Encourage the cooperation of Compact States in the areas of
01 psychology licensure and regulation; 02 (4) Facilitate the exchange of information between Compact States 03 regarding psychologist licensure, adverse actions and disciplinary history; 04 (5) Promote compliance with the laws governing psychological 05 practice in each Compact State; and 06 (6) Invest all Compact States with the authority to hold licensed 07 psychologists accountable through the mutual recognition of Compact State licenses. 08 ARTICLE II. DEFINITIONS. 09 As used in this Compact, unless the context clearly requires a different construction, 10 (A) "Adverse Action" means: any action taken by a State Psychology 11 Regulatory Authority which finds a violation of a statute or regulation that is identified 12 by the State Psychology Regulatory Authority as discipline and is a matter of public 13 record; 14 (B) "Association of State and Provincial Psychology Boards" means: 15 the recognized membership organization composed of State and Provincial 16 Psychology Regulatory Authorities responsible for the licensure and registration of 17 psychologists throughout the United States and Canada; 18 (C) "Authority to Practice Interjurisdictional Telepsychology" means: 19 a licensed psychologist's authority to practice telepsychology, within the limits 20 authorized under this Compact, in another Compact State; 21 (D) "Bylaws" means: those Bylaws established by the Psychology 22 Interjurisdictional Compact Commission pursuant to Article X for its governance, or 23 for directing and controlling its actions and conduct; 24 (E) "Client/Patient" means: the recipient of psychological services, 25 whether psychological services are delivered in the context of healthcare, corporate, 26 supervision, and/or consulting services; 27 (F) "Commissioner" means: the voting representative appointed by 28 each State Psychology Regulatory Authority pursuant to Article X; 29 (G) "Compact State" means: a state, the District of Columbia, or 30 United States territory that has enacted this Compact legislation and which has not 31 withdrawn pursuant to Article XIII(C) or been terminated pursuant to Article XII(B);
01 (H) "Coordinated Licensure Information System" and "Coordinated 02 Database" mean: an integrated process for collecting, storing, and sharing information 03 on psychologists' licensure and enforcement activities related to psychology licensure 04 laws, which is administered by the recognized membership organization composed of 05 state and provincial psychology regulatory authorities; 06 (I) "Confidentiality" means: the principle that data or information is 07 not made available or disclosed to unauthorized persons and/or processes; 08 (J) "Day" means: any part of a day in which psychological work is 09 performed; 10 (K) "Distant State" means: the Compact State where a psychologist is 11 physically present (not through the use of telecommunications technologies), to 12 provide temporary in-person, face-to-face psychological services; 13 (L) "E.Passport" means: a certificate issued by the Association of State 14 and Provincial Psychology Boards that promotes the standardization in the criteria of 15 interjurisdictional telepsychology practice and facilitates the process for licensed 16 psychologists to provide telepsychological services across state lines; 17 (M) "Executive Board" means: a group of directors elected or 18 appointed to act on behalf of, and within the powers granted to them by, the 19 Commission; 20 (N) "Home State" means: a Compact State where a psychologist is 21 licensed to practice psychology; if the psychologist is licensed in more than one 22 Compact State and is practicing under the Authorization to Practice Interjurisdictional 23 Telepsychology, the Home State is the Compact State where the psychologist is 24 physically present when the telepsychological services are delivered, or if the 25 psychologist is licensed in more than one Compact State and is practicing under the 26 Temporary Authorization to Practice, the Home State is any Compact State where the 27 psychologist is licensed; 28 (O) "Identity History Summary" means: a summary of information 29 retained by the Federal Bureau of Investigation, or other designee with similar 30 authority, in connection with arrests and, in some instances, federal employment, 31 naturalization, or military service;
01 (P) "In-person, Face-to-Face" means: interactions in which the 02 psychologist and the client/patient are in the same physical space and which does not 03 include interactions that may occur through the use of telecommunication 04 technologies; 05 (Q) "Interjurisdictional Practice Certificate" and "IPC" mean: a 06 certificate issued by the Association of State and Provincial Psychology Boards that 07 grants temporary authority to practice based on notification to the State Psychology 08 Regulatory Authority of intention to practice temporarily, and verification of one's 09 qualifications for such practice; 10 (R) "License" means: authorization by a State Psychology Regulatory 11 Authority to engage in the independent practice of psychology, which would be 12 unlawful without the authorization; 13 (S) "Non-Compact State" means: any state which is not at the time a 14 Compact State; 15 (T) "Psychologist" means: an individual licensed for the independent 16 practice of psychology; 17 (U) "Psychology Interjurisdictional Compact Commission" and 18 "Commission" mean: the national administration of which all Compact States are 19 members; 20 (V) "Receiving State" means: a Compact State where the client/patient 21 is physically located when the telepsychological services are delivered; 22 (W) "Rule" means: a written statement by the Psychology 23 Interjurisdictional Compact Commission promulgated pursuant to Article XI of the 24 Compact that is of general applicability, implements, interprets, or prescribes a policy 25 or provision of the Compact, or an organizational, procedural, or practice requirement 26 of the Commission and has the force and effect of statutory law in a Compact State, 27 and includes the amendment, repeal or suspension of an existing Rule; 28 (X) "Significant Investigatory Information" means: 29 (1) investigative information that a State Psychology 30 Regulatory Authority, after a preliminary inquiry that includes notification and 31 an opportunity to respond if required by state law, has reason to believe, if
01 proven true, would indicate more than a violation of state statute or ethics code 02 that would be considered more substantial than a minor infraction; or 03 (2) investigative information that indicates that the 04 psychologist represents an immediate threat to public health and safety 05 regardless of whether the psychologist has been notified and/or had an 06 opportunity to respond; 07 (Y) "State" means: a state, commonwealth, territory, or possession of 08 the United States, or the District of Columbia; 09 (Z) "State Psychology Regulatory Authority" means: the board, office 10 or other agency with the legislative mandate to license and regulate the practice of 11 psychology; 12 (AA) "Telepsychology" means: the provision of psychological services 13 using telecommunication technologies; 14 (BB) "Temporary Authorization to Practice" means: a licensed 15 psychologist's authority to conduct temporary in-person, face-to-face practice, within 16 the limits authorized under this Compact, in another Compact State; 17 (CC) "Temporary In-Person, Face-to-Face Practice" means: where a 18 psychologist is physically present (not through the use of telecommunications 19 technologies), in the Distant State to provide for the practice of psychology for 30 20 days within a calendar year and based on notification to the Distant State. 21 ARTICLE III. HOME STATE LICENSURE. 22 (A) The Home State shall be a Compact State where a psychologist is licensed 23 to practice psychology. 24 (B) A psychologist may hold one or more Compact State licenses at a time. If 25 the psychologist is licensed in more than one Compact State, the Home State is the 26 Compact State where the psychologist is physically present when the services are 27 delivered as authorized by the Authority to Practice Interjurisdictional Telepsychology 28 under the terms of this Compact. 29 (C) Any Compact State may require a psychologist not previously licensed in 30 a Compact State to obtain and retain a license to be authorized to practice in the 31 Compact State under circumstances not authorized by the Authority to Practice
01 Interjurisdictional Telepsychology under the terms of this Compact. 02 (D) Any Compact State may require a psychologist to obtain and retain a 03 license to be authorized to practice in a Compact State under circumstances not 04 authorized by Temporary Authorization to Practice under the terms of this Compact. 05 (E) A Home State's license authorizes a psychologist to practice in a 06 Receiving State under the Authority to Practice Interjurisdictional Telepsychology 07 only if the Compact State: 08 (1) Currently requires the psychologist to hold an active E.Passport; 09 (2) Has a mechanism in place for receiving and investigating 10 complaints about licensed individuals; 11 (3) Notifies the Commission, in compliance with the terms herein, of 12 any adverse action or significant investigatory information regarding a licensed 13 individual; 14 (4) Requires an Identity History Summary of all applicants at initial 15 licensure, including the use of the results of fingerprints or other biometric data checks 16 compliant with the requirements of the Federal Bureau of Investigation, or other 17 designee with similar authority, no later than ten years after activation of the Compact; 18 and 19 (5) Complies with the Bylaws and Rules of the Commission. 20 (F) A Home State's license grants Temporary Authorization to Practice to a 21 psychologist in a Distant State only if the Compact State: 22 (1) Currently requires the psychologist to hold an active IPC; 23 (2) Has a mechanism in place for receiving and investigating 24 complaints about licensed individuals; 25 (3) Notifies the Commission, in compliance with the terms herein, of 26 any adverse action or significant investigatory information regarding a licensed 27 individual; 28 (4) Requires an Identity History Summary of all applicants at initial 29 licensure, including the use of the results of fingerprints or other biometric data checks 30 compliant with the requirements of the Federal Bureau of Investigation, or other 31 designee with similar authority, no later than ten years after activation of the Compact;
01 and 02 (5) Complies with the Bylaws and Rules of the Commission. 03 ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY. 04 (A) Compact States shall recognize the right of a psychologist, licensed in a 05 Compact State in conformance with Article III, to practice telepsychology in other 06 Compact States (Receiving States) in which the psychologist is not licensed, under the 07 Authority to Practice Interjurisdictional Telepsychology as provided in the Compact. 08 (B) To exercise the Authority to Practice Interjurisdictional Telepsychology 09 under the terms and provisions of this Compact, a psychologist licensed to practice in 10 a Compact State must: 11 (1) Hold a graduate degree in psychology from an institute of higher 12 education that was, at the time the degree was awarded: 13 (a) Regionally accredited by an accrediting body recognized by 14 the United States Department of Education to grant graduate degrees, or 15 authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or 16 (b) A foreign college or university deemed to be equivalent to 17 (B)(1)(a) of this Article by a foreign credential evaluation service that is a 18 member of the National Association of Credential Evaluation Services or by a 19 recognized foreign credential evaluation service; and 20 (2) Hold a graduate degree in psychology that meets the following 21 criteria: 22 (a) The program, wherever it may be administratively housed, 23 must be clearly identified and labeled as a psychology program. Such a 24 program must specify in pertinent institutional catalogues and brochures its 25 intent to educate and train professional psychologists; 26 (b) The psychology program must stand as a recognizable, 27 coherent, organizational entity within the institution; 28 (c) There must be a clear authority and primary responsibility 29 for the core and specialty areas whether or not the program cuts across 30 administrative lines; 31 (d) The program must consist of an integrated, organized
01 sequence of study; 02 (e) There must be an identifiable psychology faculty sufficient 03 in size and breadth to carry out its responsibilities; 04 (f) The designated director of the program must be a 05 psychologist and a member of the core faculty; 06 (g) The program must have an identifiable body of students 07 who are matriculated in that program for a degree; 08 (h) The program must include supervised practicum, internship, 09 or field training appropriate to the practice of psychology; 10 (i) The curriculum shall encompass a minimum of three 11 academic years of full-time graduate study for doctoral degree and a minimum 12 of one academic year of full-time graduate study for master's degree; 13 (j) The program includes an acceptable residency as defined by 14 the Rules of the Commission. 15 (3) Possess a current, full and unrestricted license to practice 16 psychology in a Home State which is a Compact State; 17 (4) Have no history of adverse action that violate the Rules of the 18 Commission; 19 (5) Have no criminal record history reported on an Identity History 20 Summary that violates the Rules of the Commission; 21 (6) Possess a current, active E.Passport; 22 (7) Provide attestations in regard to areas of intended practice, 23 conformity with standards of practice, competence in telepsychology technology; 24 criminal background; and knowledge and adherence to legal requirements in the Home 25 and Receiving States, and provide a release of information to allow for primary source 26 verification in a manner specified by the Commission; and 27 (8) Meet other criteria as defined by the Rules of the Commission. 28 (C) The Home State maintains authority over the license of any psychologist 29 practicing in a Receiving State under the Authority to Practice Interjurisdictional 30 Telepsychology. 31 (D) A psychologist practicing in a Receiving State under the Authority to
01 Practice Interjurisdictional Telepsychology will be subject to the Receiving State's 02 scope of practice. A Receiving State may, in accordance with that state's due process 03 law, limit or revoke a psychologist's Authority to Practice Interjurisdictional 04 Telepsychology in the Receiving State and may take any other necessary actions under 05 the Receiving State's applicable law to protect the health and safety of the Receiving 06 State's citizens. If a Receiving State takes action, the state shall promptly notify the 07 Home State and the Commission. 08 (E) If a psychologist's license in any Home State, another Compact State, or 09 any Authority to Practice Interjurisdictional Telepsychology in any Receiving State, is 10 restricted, suspended or otherwise limited, the E.Passport shall be revoked and 11 therefore the psychologist shall not be eligible to practice telepsychology in a 12 Compact State under the Authority to Practice Interjurisdictional Telepsychology. 13 ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE. 14 (A) Compact States shall also recognize the right of a psychologist, licensed in 15 a Compact State in conformance with Article III, to practice temporarily in other 16 Compact States (Distant States) in which the psychologist is not licensed, as provided 17 in the Compact. 18 (B) To exercise the Temporary Authorization to Practice under the terms and 19 provisions of this Compact, a psychologist licensed to practice in a Compact State 20 must: 21 (1) Hold a graduate degree in psychology from an institute of higher 22 education that was, at the time the degree was awarded: 23 (a) Regionally accredited by an accrediting body recognized by 24 the United States Department of Education to grant graduate degrees, or 25 authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or 26 (b) A foreign college or university deemed to be equivalent to 27 (B)(1)(a) of this Article by a foreign credential evaluation service that is a 28 member of the National Association of Credential Evaluation Services or by a 29 recognized foreign credential evaluation service; and 30 (2) Hold a graduate degree in psychology that meets the following 31 criteria:
01 (a) The program, wherever it may be administratively housed, 02 must be clearly identified and labeled as a psychology program. Such a 03 program must specify in pertinent institutional catalogues and brochures its 04 intent to educate and train professional psychologists; 05 (b) The psychology program must stand as a recognizable, 06 coherent, organizational entity within the institution; 07 (c) There must be a clear authority and primary responsibility 08 for the core and specialty areas whether or not the program cuts across 09 administrative lines; 10 (d) The program must consist of an integrated, organized 11 sequence of study; 12 (e) There must be an identifiable psychology faculty sufficient 13 in size and breadth to carry out its responsibilities; 14 (f) The designated director of the program must be a 15 psychologist and a member of the core faculty; 16 (g) The program must have an identifiable body of students 17 who are matriculated in that program for a degree; 18 (h) The program must include supervised practicum, internship, 19 or field training appropriate to the practice of psychology; 20 (i) The curriculum shall encompass a minimum of three 21 academic years of full-time graduate study for doctoral degrees and a 22 minimum of one academic year of full-time graduate study for master's degree; 23 (j) The program includes an acceptable residency as defined by 24 the Rules of the Commission. 25 (3) Possess a current, full and unrestricted license to practice 26 psychology in a Home State which is a Compact State; 27 (4) No history of adverse action that violate the Rules of the 28 Commission; 29 (5) No criminal record history that violates the Rules of the 30 Commission; 31 (6) Possess a current, active IPC;
01 (7) Provide attestations in regard to areas of intended practice and 02 work experience and provide a release of information to allow for primary source 03 verification in a manner specified by the Commission; and 04 (8) Meet other criteria as defined by the Rules of the Commission. 05 (C) A psychologist practicing in a Distant State under the Temporary 06 Authorization to Practice shall practice within the scope of practice authorized by the 07 Distant State. 08 (D) A psychologist practicing in a Distant State under the Temporary 09 Authorization to Practice will be subject to the Distant State's authority and law. A 10 Distant State may, in accordance with that state's due process law, limit or revoke a 11 psychologist's Temporary Authorization to Practice in the Distant State and may take 12 any other necessary actions under the Distant State's applicable law to protect the 13 health and safety of the Distant State's citizens. If a Distant State takes action, the state 14 shall promptly notify the Home State and the Commission. 15 (E) If a psychologist's license in any Home State, another Compact State, or 16 any Temporary Authorization to Practice in any Distant State, is restricted, suspended 17 or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not 18 be eligible to practice in a Compact State under the Temporary Authorization to 19 Practice. 20 ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING 21 STATE. 22 (A) A psychologist may practice in a Receiving State under the Authority to 23 Practice Interjurisdictional Telepsychology only in the performance of the scope of 24 practice for psychology as assigned by an appropriate State Psychology Regulatory 25 Authority, as defined in the Rules of the Commission, and under the following 26 circumstances: 27 (1) The psychologist initiates a client/patient contact in a Home State 28 via telecommunications technologies with a client/patient in a Receiving State; 29 (2) Other conditions regarding telepsychology as determined by Rules 30 promulgated by the Commission. 31 ARTICLE VII. ADVERSE ACTIONS.
01 (A) A Home State shall have the power to impose adverse action against a 02 psychologist's license issued by the Home State. A Distant State shall have the power 03 to take adverse action on a psychologist's Temporary Authorization to Practice within 04 that Distant State. 05 (B) A Receiving State may take adverse action on a psychologist's Authority 06 to Practice Interjurisdictional Telepsychology within that Receiving State. A Home 07 State may take adverse action against a psychologist based on an adverse action taken 08 by a Distant State regarding temporary in-person, face-to-face practice. 09 (C) If a Home State takes adverse action against a psychologist's license, that 10 psychologist's Authority to Practice Interjurisdictional Telepsychology is terminated 11 and the E.Passport is revoked. Furthermore, that psychologist's Temporary 12 Authorization to Practice is terminated and the IPC is revoked. 13 (1) All Home State disciplinary orders which impose adverse action 14 shall be reported to the Commission in accordance with the Rules promulgated by the 15 Commission. A Compact State shall report adverse actions in accordance with the 16 Rules of the Commission. 17 (2) In the event discipline is reported on a psychologist, the 18 psychologist will not be eligible for telepsychology or temporary in-person, face-to- 19 face practice in accordance with the Rules of the Commission. 20 (3) Other actions may be imposed as determined by the Rules 21 promulgated by the Commission. 22 (D) A Home State's psychology regulatory authority shall investigate and take 23 appropriate action with respect to reported inappropriate conduct engaged in by a 24 licensee which occurred in a Receiving State as it would if such conduct had occurred 25 by a licensee within the Home State. In such cases, the Home State's law shall control 26 in determining any adverse action against a psychologist's license. 27 (E) A Distant State's psychology regulatory authority shall investigate and 28 take appropriate action with respect to reported inappropriate conduct engaged in by a 29 psychologist practicing under temporary authorization practice which occurred in that 30 Distant State as it would if such conduct had occurred by a licensee within the Home 31 State. In such cases, Distant State's law shall control in determining any adverse action
01 against a psychologist's Temporary Authorization to Practice. 02 (F) Nothing in this Compact shall override a Compact State's decision that a 03 psychologist's participation in an alternative program may be used in lieu of adverse 04 action and that such participation shall remain non-public if required by the Compact 05 State's law. Compact States must require psychologists who enter any alternative 06 programs to not provide telepsychology services under the Authority to Practice 07 Interjurisdictional Telepsychology or provide temporary psychological services under 08 the Temporary Authorization to Practice in any other Compact State during the term 09 of the alternative program. 10 (G) No other judicial or administrative remedies shall be available to a 11 psychologist in the event a Compact State imposes an adverse action pursuant to (C) 12 of this Article. 13 ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S 14 PSYCHOLOGY REGULATORY AUTHORITY. 15 (A) In addition to any other powers granted under state law, a Compact State's 16 psychology regulatory authority shall have the authority under this Compact to: 17 (1) Issue subpoenas, for both hearings and investigations, which 18 require the attendance and testimony of witnesses and the production of evidence. 19 Subpoenas issued by a Compact State's psychology regulatory authority for the 20 attendance and testimony of witnesses, and/or the production of evidence from another 21 Compact State shall be enforced in the latter state by any court of competent 22 jurisdiction, according to that court's practice and procedure in considering subpoenas 23 issued in its own proceedings. The issuing State Psychology Regulatory Authority 24 shall pay any witness fees, travel expenses, mileage and other fees required by the 25 service statutes of the state where the witnesses and/or evidence are located; and 26 (2) Issue cease and desist and/or injunctive relief orders to revoke a 27 psychologist's Authority to Practice Interjurisdictional Telepsychology and/or 28 Temporary Authorization to Practice. 29 (3) During the course of any investigation, a psychologist may not 30 change his/her Home State licensure. A Home State Psychology Regulatory Authority 31 is authorized to complete any pending investigations of a psychologist and to take any
01 actions appropriate under its law. The Home State Psychology Regulatory Authority 02 shall promptly report the conclusions of such investigations to the Commission. Once 03 an investigation has been completed, and pending the outcome of said investigation, 04 the psychologist may change his/her Home State licensure. The Commission shall 05 promptly notify the new Home State of any such decisions as provided in the Rules of 06 the Commission. All information provided to the Commission or distributed by 07 Compact States pursuant to the psychologist shall be confidential, filed under seal and 08 used for investigatory or disciplinary matters. The Commission may create additional 09 Rules for mandated or discretionary sharing of information by Compact States. 10 ARTICLE IX. COORDINATED LICENSURE INFORMATION SYSTEM. 11 (A) The Commission shall provide for the development and maintenance of a 12 coordinated licensure information system (coordinated database) and reporting system 13 containing licensure and disciplinary action information on all licensees to whom this 14 Compact is applicable in all Compact States as defined by the Rules of the 15 Commission. 16 (B) Notwithstanding any other provision of state law to the contrary, a 17 Compact State shall submit a uniform data set to the coordinated database on all 18 licensees as required by the Rules of the Commission, including: 19 (1) Identifying information; 20 (2) Licensure data; 21 (3) Significant investigatory information; 22 (4) Adverse actions against a psychologist's license; 23 (5) An indicator that a psychologist's Authority to Practice 24 Interjurisdictional Telepsychology and/or Temporary Authorization to Practice is 25 revoked; 26 (6) Non-confidential information related to alternative program 27 participation information; 28 (7) Any denial of application for licensure, and the reasons for such 29 denial; and 30 (8) Other information which may facilitate the administration of this 31 Compact, as determined by the Rules of the Commission.
01 (C) The coordinated database administrator shall promptly notify all Compact 02 States of any adverse action taken against, or significant investigative information on, 03 any licensee in a Compact State. 04 (D) Compact States reporting information to the coordinated database may 05 designate information that may not be shared with the public without the express 06 permission of the Compact State reporting the information. 07 (E) Any information submitted to the coordinated database that is 08 subsequently required to be expunged by the law of the Compact State reporting the 09 information shall be removed from the coordinated database. 10 ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY 11 INTERJURISDICTIONAL COMPACT COMMISSION. 12 (A) The Compact States hereby create and establish a joint public agency 13 known as the Psychology Interjurisdictional Compact Commission. 14 (1) The Commission is a body politic and an instrumentality of the 15 Compact States. 16 (2) Venue is proper and judicial proceedings by or against the 17 Commission shall be brought solely and exclusively in a court of competent 18 jurisdiction where the principal office of the Commission is located. The Commission 19 may waive venue and jurisdictional defenses to the extent it adopts or consents to 20 participate in alternative dispute resolution proceedings. 21 (3) Nothing in this Compact shall be construed to be a waiver of 22 sovereign immunity. 23 (B) Membership, Voting, and Meetings. 24 (1) The Commission shall consist of one voting representative 25 appointed by each Compact State who shall serve as that state's commissioner. The 26 State Psychology Regulatory Authority shall appoint its delegate. This delegate shall 27 be empowered to act on behalf of the Compact State. This delegate shall be limited to: 28 (a) Executive director, executive secretary or similar executive; 29 (b) Current member of the State Psychology Regulatory 30 Authority of a Compact State; or 31 (c) Designee empowered with the appropriate delegate
01 authority to act on behalf of the Compact State. 02 (2) Any commissioner may be removed or suspended from office as 03 provided by the law of the state from which the commissioner is appointed. Any 04 vacancy occurring in the commission shall be filled in accordance with the laws of the 05 Compact State in which the vacancy exists. 06 (3) Each commissioner shall be entitled to one (1) vote with regard to 07 the promulgation of Rules and creation of Bylaws and shall otherwise have an 08 opportunity to participate in the business and affairs of the Commission. A 09 commissioner shall vote in person or by such other means as provided in the Bylaws. 10 The Bylaws may provide for commissioners' participation in meetings by telephone or 11 other means of communication. 12 (4) The Commission shall meet at least once during each calendar 13 year. Additional meetings shall be held as set forth in the Bylaws. 14 (5) All meetings shall be open to the public, and public notice of 15 meetings shall be given in the same manner as required under the rulemaking 16 provisions in Article XI. 17 (6) The Commission may convene in a closed, non-public meeting if 18 the Commission must discuss: 19 (a) Non-compliance of a Compact State with its obligations 20 under the Compact; 21 (b) The employment, compensation, discipline or other 22 personnel matters, practices or procedures related to specific employees or 23 other matters related to the Commission's internal personnel practices and 24 procedures; 25 (c) Current, threatened, or reasonably anticipated litigation 26 against the Commission; 27 (d) Negotiation of contracts for the purchase or sale of goods, 28 services or real estate; 29 (e) Accusation against any person of a crime or formally 30 censuring any person; 31 (f) Disclosure of trade secrets or commercial or financial
01 information which is privileged or confidential; 02 (g) Disclosure of information of a personal nature where 03 disclosure would constitute a clearly unwarranted invasion of personal privacy; 04 (h) Disclosure of investigatory records compiled for law 05 enforcement purposes; 06 (i) Disclosure of information related to any investigatory 07 reports prepared by or on behalf of or for use of the Commission or other 08 committee charged with responsibility for investigation or determination of 09 compliance issues pursuant to the Compact; or 10 (j) Matters specifically exempted from disclosure by federal 11 and state statute. 12 (7) If a meeting, or portion of a meeting, is closed pursuant to this 13 provision, the Commission's legal counsel or designee shall certify that the meeting 14 may be closed and shall reference each relevant exempting provision. The 15 Commission shall keep minutes which fully and clearly describe all matters discussed 16 in a meeting and shall provide a full and accurate summary of actions taken, of any 17 person participating in the meeting, and the reasons therefore, including a description 18 of the views expressed. All documents considered in connection with an action shall 19 be identified in such minutes. All minutes and documents of a closed meeting shall 20 remain under seal, subject to release only by a majority vote of the Commission or 21 order of a court of competent jurisdiction. 22 (C) The Commission shall, by a majority vote of the commissioners, prescribe 23 Bylaws and/or Rules to govern its conduct as may be necessary or appropriate to carry 24 out the purposes and exercise the powers of the Compact, including but not limited to: 25 (1) Establishing the fiscal year of the Commission; 26 (2) Providing reasonable standards and procedures: 27 (a) for the establishment and meetings of other committees; and 28 (b) governing any general or specific delegation of any 29 authority or function of the Commission; 30 (3) Providing reasonable procedures for calling and conducting 31 meetings of the Commission, ensuring reasonable advance notice of all meetings and
01 providing an opportunity for attendance of such meetings by interested parties, with 02 enumerated exceptions designed to protect the public's interest, the privacy of 03 individuals of such proceedings, and proprietary information, including trade secrets. 04 The Commission may meet in closed session only after a majority of the 05 commissioners vote to close a meeting to the public in whole or in part. As soon as 06 practicable, the Commission must make public a copy of the vote to close the meeting 07 revealing the vote of each commissioner with no proxy votes allowed; 08 (4) Establishing the titles, duties and authority and reasonable 09 procedures for the election of the officers of the Commission; 10 (5) Providing reasonable standards and procedures for the 11 establishment of the personnel policies and programs of the Commission. 12 Notwithstanding any civil service or other similar law of any Compact State, the 13 Bylaws shall exclusively govern the personnel policies and programs of the 14 Commission; 15 (6) Promulgating a Code of Ethics to address permissible and 16 prohibited activities of Commission members and employees; 17 (7) Providing a mechanism for concluding the operations of the 18 Commission and the equitable disposition of any surplus funds that may exist after the 19 termination of the Compact after the payment and/or reserving of all of its debts and 20 obligations; 21 (8) The Commission shall publish its Bylaws in a convenient form and 22 file a copy thereof and a copy of any amendment thereto, with the appropriate agency 23 or officer in each of the Compact States; 24 (9) The Commission shall maintain its financial records in accordance 25 with the Bylaws; and 26 (10) The Commission shall meet and take such actions as are 27 consistent with the provisions of this Compact and the Bylaws. 28 (D) The Commission shall have the following powers: 29 (1) The authority to promulgate uniform Rules to facilitate and 30 coordinate implementation and administration of this Compact. The Rules shall have 31 the force and effect of law and shall be binding in all Compact States;
01 (2) To bring and prosecute legal proceedings or actions in the name of 02 the Commission, provided that the standing of any State Psychology Regulatory 03 Authority or other regulatory body responsible for psychology licensure to sue or be 04 sued under applicable law shall not be affected; 05 (3) To purchase and maintain insurance and bonds; 06 (4) To borrow, accept or contract for services of personnel, including, 07 but not limited to, employees of a Compact State; 08 (5) To hire employees, elect or appoint officers, fix compensation, 09 define duties, grant such individuals appropriate authority to carry out the purposes of 10 the Compact, and to establish the Commission's personnel policies and programs 11 relating to conflicts of interest, qualifications of personnel, and other related personnel 12 matters; 13 (6) To accept any and all appropriate donations and grants of money, 14 equipment, supplies, materials and services, and to receive, utilize and dispose of the 15 same; provided that at all times the Commission shall strive to avoid any appearance 16 of impropriety and/or conflict of interest; 17 (7) To lease, purchase, accept appropriate gifts or donations of, or 18 otherwise to own, hold, improve or use, any property, real, personal or mixed; 19 provided that at all times the Commission shall strive to avoid any appearance of 20 impropriety; 21 (8) To sell, convey, mortgage, pledge, lease, exchange, abandon or 22 otherwise dispose of any property real, personal or mixed; 23 (9) To establish a budget and make expenditures; 24 (10) To borrow money; 25 (11) To appoint committees, including advisory committees comprised 26 of members, state regulators, state legislators or their representatives, and consumer 27 representatives, and such other interested persons as may be designated in this 28 Compact and the Bylaws; 29 (12) To provide and receive information from, and to cooperate with, 30 law enforcement agencies; 31 (13) To adopt and use an official seal; and
01 (14) To perform such other functions as may be necessary or 02 appropriate to achieve the purposes of this Compact consistent with the state 03 regulation of psychology licensure, temporary in-person, face-to-face practice and 04 telepsychology practice. 05 (E) The Executive Board. 06 The elected officers shall serve as the Executive Board, which shall 07 have the power to act on behalf of the Commission according to the terms of this 08 Compact. 09 (1) The Executive Board shall be comprised of six members: 10 (a) Five voting members who are elected from the current 11 membership of the Commission by the Commission; 12 (b) One ex-officio, nonvoting member from the recognized 13 membership organization composed of state and provincial psychology 14 regulatory authorities. 15 (2) The ex-officio member must have served as staff or member on a 16 State Psychology Regulatory Authority and will be selected by its respective 17 organization. 18 (3) The Commission may remove any member of the Executive Board 19 as provided in Bylaws. 20 (4) The Executive Board shall meet at least annually. 21 (5) The Executive Board shall have the following duties and 22 responsibilities: 23 (a) Recommend to the entire Commission changes to the Rules 24 or Bylaws, changes to this Compact legislation, fees paid by Compact States 25 such as annual dues, and any other applicable fees; 26 (b) Ensure Compact administration services are appropriately 27 provided, contractual or otherwise; 28 (c) Prepare and recommend the budget; 29 (d) Maintain financial records on behalf of the Commission; 30 (e) Monitor Compact compliance of member states and provide 31 compliance reports to the Commission;
01 (f) Establish additional committees as necessary; and 02 (g) Other duties as provided in Rules or Bylaws. 03 (F) Financing of the Commission. 04 (1) The Commission shall pay, or provide for the payment of the 05 reasonable expenses of its establishment, organization and ongoing activities. 06 (2) The Commission may accept any and all appropriate revenue 07 sources, donations and grants of money, equipment, supplies, materials and services. 08 (3) The Commission may levy on and collect an annual assessment 09 from each Compact State or impose fees on other parties to cover the cost of the 10 operations and activities of the Commission and its staff which must be in a total 11 amount sufficient to cover its annual budget as approved each year for which revenue 12 is not provided by other sources. The aggregate annual assessment amount shall be 13 allocated based upon a formula to be determined by the Commission which shall 14 promulgate a Rule binding upon all Compact States. 15 (4) The Commission shall not incur obligations of any kind prior to 16 securing the funds adequate to meet the same; nor shall the Commission pledge the 17 credit of any of the Compact States, except by and with the authority of the Compact 18 State. 19 (5) The Commission shall keep accurate accounts of all receipts and 20 disbursements. The receipts and disbursements of the Commission shall be subject to 21 the audit and accounting procedures established under its Bylaws. However, all 22 receipts and disbursements of funds handled by the Commission shall be audited 23 yearly by a certified or licensed public accountant and the report of the audit shall be 24 included in and become part of the annual report of the Commission. 25 (G) Qualified Immunity, Defense, and Indemnification. 26 (1) The members, officers, Executive Director, employees and 27 representatives of the Commission shall be immune from suit and liability, either 28 personally or in their official capacity, for any claim for damage to or loss of property 29 or personal injury or other civil liability caused by or arising out of any actual or 30 alleged act, error or omission that occurred, or that the person against whom the claim 31 is made had a reasonable basis for believing occurred within the scope of Commission
01 employment, duties or responsibilities; provided that nothing in this paragraph shall be 02 construed to protect any such person from suit and/or liability for any damage, loss, 03 injury or liability caused by the intentional or willful or wanton misconduct of that 04 person. 05 (2) The Commission shall defend any member, officer, Executive 06 Director, employee or representative of the Commission in any civil action seeking to 07 impose liability arising out of any actual or alleged act, error or omission that occurred 08 within the scope of Commission employment, duties or responsibilities, or that the 09 person against whom the claim is made had a reasonable basis for believing occurred 10 within the scope of Commission employment, duties or responsibilities; provided that 11 nothing herein shall be construed to prohibit that person from retaining his or her own 12 counsel; and provided further, that the actual or alleged act, error or omission did not 13 result from that person's intentional or willful or wanton misconduct. 14 (3) The Commission shall indemnify and hold harmless any member, 15 officer, Executive Director, employee or representative of the Commission for the 16 amount of any settlement or judgment obtained against that person arising out of any 17 actual or alleged act, error or omission that occurred within the scope of Commission 18 employment, duties or responsibilities, or that such person had a reasonable basis for 19 believing occurred within the scope of Commission employment, duties or 20 responsibilities, provided that the actual or alleged act, error or omission did not result 21 from the intentional or willful or wanton misconduct of that person. 22 ARTICLE XI. RULEMAKING. 23 (A) The Commission shall exercise its rulemaking powers pursuant to the 24 criteria set forth in this Article 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 Compact 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 Compact 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 Compact States' psychology regulatory 06 authority or the publication in which each state would otherwise publish proposed 07 Rules. 08 (E) The notice of proposed rulemaking shall include: 09 (1) The proposed time, date, and location of the meeting in which the 10 Rule will be considered and voted upon; 11 (2) The text of the proposed Rule or amendment and the reason for the 12 proposed Rule; 13 (3) A request for comments on the proposed Rule from any interested 14 person; and 15 (4) The manner in which interested persons may submit notice to the 16 Commission of their intention to attend the public hearing and any written comments. 17 (F) 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 to 19 the public. 20 (G) The Commission shall grant an opportunity for a public hearing before it 21 adopts a Rule or amendment if a hearing is requested by: 22 (1) At least twenty-five (25) persons who submit comments 23 independently of each other; 24 (2) A governmental subdivision or agency; or 25 (3) A duly appointed person in an association that has at least twenty- 26 five (25) members. 27 (H) If a hearing is held on the proposed Rule or amendment, the Commission 28 shall publish the place, time, and date of the scheduled public hearing. 29 (1) All persons wishing to be heard at the hearing shall notify the 30 Executive Director of the Commission or other designated member in writing of their 31 desire to appear and testify at the hearing not less than five (5) business days before
01 the scheduled date of the hearing. 02 (2) Hearings shall be conducted in a manner providing each person 03 who wishes to comment a fair and reasonable opportunity to comment orally or in 04 writing. 05 (3) No transcript of the hearing is required, unless a written request for 06 a transcript is made, in which case the person requesting the transcript shall bear the 07 cost of producing the transcript. A recording may be made in lieu of a transcript under 08 the same terms and conditions as a transcript. This subsection shall not preclude the 09 Commission from making a transcript or recording of the hearing if it so chooses. 10 (4) Nothing in this section shall be construed as requiring a separate 11 hearing on each Rule. Rules may be grouped for the convenience of the Commission 12 at hearings required by this section. 13 (I) Following the scheduled hearing date, or by the close of business on the 14 scheduled hearing date if the hearing was not held, the Commission shall consider all 15 written and oral comments received. 16 (J) The Commission shall, by majority vote of all members, take final action 17 on the proposed Rule and shall determine the effective date of the Rule, if any, based 18 on the rulemaking record and the full text of the Rule. 19 (K) If no written notice of intent to attend the public hearing by interested 20 parties is received, the Commission may proceed with promulgation of the proposed 21 Rule without a public hearing. 22 (L) Upon determination that an emergency exists, the Commission may 23 consider and adopt an emergency Rule without prior notice, opportunity for comment, 24 or hearing, provided that the usual rulemaking procedures provided in the Compact 25 and in this section shall be retroactively applied to the Rule as soon as reasonably 26 possible, in no event later than ninety (90) days after the effective date of the Rule. For 27 the purposes of this provision, an emergency Rule is one that must be adopted 28 immediately in order to: 29 (1) Meet an imminent threat to public health, safety, or welfare; 30 (2) Prevent a loss of Commission or Compact State funds; 31 (3) Meet a deadline for the promulgation of an administrative rule that
01 is established by federal law or rule; or 02 (4) Protect public health and safety. 03 (M) The Commission or an authorized committee of the Commission may 04 direct revisions to a previously adopted Rule or amendment for purposes of correcting 05 typographical errors, errors in format, errors in consistency, or grammatical errors. 06 Public notice of any revisions shall be posted on the website of the Commission. The 07 revision shall be subject to challenge by any person for a period of thirty (30) days 08 after posting. The revision may be challenged only on grounds that the revision results 09 in a material change to a Rule. A challenge shall be made in writing, and delivered to 10 the chair of the Commission prior to the end of the notice period. If no challenge is 11 made, the revision will take effect without further action. If the revision is challenged, 12 the revision may not take effect without the approval of the Commission. 13 ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 14 (A) Oversight 15 (1) The executive, legislative and judicial branches of state 16 government in each Compact State shall enforce this Compact and take all actions 17 necessary and appropriate to effectuate the Compact's purposes and intent. The 18 provisions of this Compact and the Rules promulgated hereunder shall have standing 19 as statutory law. 20 (2) All courts shall take judicial notice of the Compact and the Rules in 21 any judicial or administrative proceeding in a Compact State pertaining to the subject 22 matter of this Compact which may affect the powers, responsibilities or actions of the 23 Commission. 24 (3) The Commission shall be entitled to receive service of process in 25 any such proceeding, and shall have standing to intervene in such a proceeding for all 26 purposes. Failure to provide service of process to the Commission shall render a 27 judgment or order void as to the Commission, this Compact or promulgated Rules. 28 (B) Default, Technical Assistance, and Termination 29 (1) If the Commission determines that a Compact State has defaulted 30 in the performance of its obligations or responsibilities under this Compact or the 31 promulgated Rules, the Commission shall:
01 (a) Provide written notice to the defaulting state and other 02 Compact States of the nature of the default, the proposed means of remedying 03 the default and/or any other action to be taken by the Commission; and 04 (b) Provide remedial training and specific technical assistance 05 regarding the default. 06 (2) If a state in default fails to remedy the default, the defaulting state 07 may be terminated from the Compact upon an affirmative vote of a majority of the 08 Compact States, and all rights, privileges and benefits conferred by this Compact shall 09 be terminated on the effective date of termination. A remedy of the default does not 10 relieve the offending state of obligations or liabilities incurred during the period of 11 default. 12 (3) Termination of membership in the Compact shall be imposed only 13 after all other means of securing compliance have been exhausted. Notice of intent to 14 suspend or terminate shall be submitted by the Commission to the governor, the 15 majority and minority leaders of the defaulting state's legislature, and each of the 16 Compact States. 17 (4) A Compact State which has been terminated is responsible for all 18 assessments, obligations and liabilities incurred through the effective date of 19 termination, including obligations which extend beyond the effective date of 20 termination. 21 (5) The Commission shall not bear any costs incurred by the state 22 which is found to be in default or which has been terminated from the Compact, unless 23 agreed upon in writing between the Commission and the defaulting state. 24 (6) The defaulting state may appeal the action of the Commission by 25 petitioning the United States District Court for the State of Georgia or the federal 26 district where the Compact has its principal offices. The prevailing member shall be 27 awarded all costs of such litigation, including reasonable attorney's fees. 28 (C) Dispute Resolution 29 (1) Upon request by a Compact State, the Commission shall attempt to 30 resolve disputes related to the Compact which arise among Compact States and 31 between Compact and Non-Compact States.
01 (2) The Commission shall promulgate a Rule providing for both 02 mediation and binding dispute resolution for disputes that arise before the 03 Commission. 04 (D) Enforcement 05 (1) The Commission, in the reasonable exercise of its discretion, shall 06 enforce the provisions and Rules of this Compact. 07 (2) By majority vote, the Commission may initiate legal action in the 08 United States District Court for the State of Georgia or the federal district where the 09 Compact has its principal offices against a Compact State in default to enforce 10 compliance with the provisions of the Compact and its promulgated Rules and 11 Bylaws. The relief sought may include both injunctive relief and damages. In the event 12 judicial enforcement is necessary, the prevailing member shall be awarded all costs of 13 such litigation, including reasonable attorney's fees. 14 (3) The remedies herein shall not be the exclusive remedies of the 15 Commission. The Commission may pursue any other remedies available under federal 16 or state law. 17 ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY 18 INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED 19 RULES, WITHDRAWAL, AND AMENDMENTS. 20 (A) The Compact shall come into effect on the date on which the Compact is 21 enacted into law in the seventh Compact State. The provisions which become effective 22 at that time shall be limited to the powers granted to the Commission relating to 23 assembly and the promulgation of Rules. Thereafter, the Commission shall meet and 24 exercise rulemaking powers necessary to the implementation and administration of the 25 Compact. 26 (B) Any state which joins the Compact subsequent to the Commission's initial 27 adoption of the Rules shall be subject to the Rules as they exist on the date on which 28 the Compact becomes law in that state. Any Rule which has been previously adopted 29 by the Commission shall have the full force and effect of law on the day the Compact 30 becomes law in that state. 31 (C) Any Compact State may withdraw from this Compact by enacting a
01 statute repealing the same. 02 (1) A Compact State's withdrawal shall not take effect until six (6) 03 months after enactment of the repealing statute. 04 (2) Withdrawal shall not affect the continuing requirement of the 05 withdrawing state's psychology regulatory authority to comply with the investigative 06 and adverse action reporting requirements of this act prior to the effective date of 07 withdrawal. 08 (D) Nothing contained in this Compact shall be construed to invalidate or 09 prevent any psychology licensure agreement or other cooperative arrangement 10 between a Compact State and a Non-Compact State which does not conflict with the 11 provisions of this Compact. 12 (E) This Compact may be amended by the Compact States. No amendment to 13 this Compact shall become effective and binding upon any Compact State until it is 14 enacted into the law of all Compact States. 15 ARTICLE XIV. CONSTRUCTION AND SEVERABILITY. 16 This Compact shall be liberally construed so as to effectuate the purposes 17 thereof. If this Compact shall be held contrary to the constitution of any state member 18 thereto, the Compact shall remain in full force and effect as to the remaining Compact 19 States. 20 * Sec. 11. AS 12.62.400(a) is amended by adding new paragraphs to read: 21 (26) expedited licensure as a physician through the Interstate Medical 22 Licensure Compact under AS 08.64.253; 23 (27) licensure as a physician assistant under AS 08.64.107; 24 (28) licensure as a psychologist under AS 08.86. 25 * Sec. 12. AS 18.08.082 is amended by adding a new subsection to read: 26 (d) The department shall implement the recognition of EMS personnel 27 licensure interstate compact under AS 18.08.105. 28 * Sec. 13. AS 18.08 is amended by adding a new section to read: 29 Sec. 18.08.105. Recognition of EMS personnel licensure interstate 30 compact. The recognition of EMS personnel licensure interstate compact as contained 31 in this section is enacted into law and entered into on behalf of the state with all other
01 states and jurisdictions legally joining it in a form substantially as follows: 02 SECTION 1. PURPOSE. 03 In order to protect the public through verification of competency and ensure 04 accountability for patient care related activities all states license emergency medical 05 services (EMS) personnel, such as emergency medical technicians (EMTs), advanced 06 EMTs and paramedics. This Compact is intended to facilitate the day-to-day 07 movement of EMS personnel across state boundaries in the performance of their EMS 08 duties as assigned by an appropriate authority and authorize state EMS offices to 09 afford immediate legal recognition to EMS personnel licensed in a member state. This 10 Compact recognizes that states have a vested interest in protecting the public's health 11 and safety through their licensing and regulation of EMS personnel and that such state 12 regulation shared among the member states will best protect public health and safety. 13 This Compact is designed to achieve the following purposes and objectives: 14 (1) increase public access to EMS personnel; 15 (2) enhance the states' ability to protect the public's health and safety, 16 especially patient safety; 17 (3) encourage the cooperation of member states in the areas of EMS 18 personnel licensure and regulation; 19 (4) support licensing of military members who are separating from an 20 active-duty tour and their spouses; 21 (5) facilitate the exchange of information between member states 22 regarding EMS personnel licensure, adverse action and significant investigatory 23 information; 24 (6) promote compliance with the laws governing EMS personnel 25 practice in each member state; and 26 (7) invest all member states with the authority to hold EMS personnel 27 accountable through the mutual recognition of member state licenses. 28 SECTION 2. DEFINITIONS. 29 In this Compact: 30 (A) "Advanced Emergency Medical Technician" and "AEMT" mean: an 31 individual licensed with cognitive knowledge and a scope of practice that corresponds
01 to that level in the National EMS Education Standards and National EMS Scope of 02 Practice Model. 03 (B) "Adverse Action" means: any administrative, civil, equitable or criminal 04 action permitted by a state's laws which may be imposed against licensed EMS 05 personnel by a state EMS authority or state court, including, but not limited to, actions 06 against an individual's license such as revocation, suspension, probation, consent 07 agreement, monitoring or other limitation or encumbrance on the individual's practice, 08 letters of reprimand or admonition, fines, criminal convictions and state court 09 judgments enforcing adverse actions by the state EMS authority. 10 (C) "Alternative program" means: a voluntary, non-disciplinary substance 11 abuse recovery program approved by a state EMS authority. 12 (D) "Certification" means: the successful verification of entry-level cognitive 13 and psychomotor competency using a reliable, validated, and legally defensible 14 examination. 15 (E) "Commission" means: the national administrative body of which all states 16 that have enacted the Compact are members. 17 (F) "Emergency Medical Technician" and "EMT" mean: an individual 18 licensed with cognitive knowledge and a scope of practice that corresponds to that 19 level in the National EMS Education Standards and National EMS Scope of Practice 20 Model. 21 (G) "Home State" means: a member state where an individual is licensed to 22 practice emergency medical services. 23 (H) "License" means: the authorization by a state for an individual to practice 24 as an EMT, AEMT, paramedic, or a level in between EMT and paramedic. 25 (I) "Medical Director" means: a physician licensed in a member state who is 26 accountable for the care delivered by EMS personnel. 27 (J) "Member State" means: a state that has enacted this Compact. 28 (K) "Paramedic" means: an individual licensed with cognitive knowledge and 29 a scope of practice that corresponds to that level in the National EMS Education 30 Standards and National EMS Scope of Practice Model. 31 (L) "Privilege to Practice" means: an individual's authority to deliver
01 emergency medical services in remote states as authorized under this Compact. 02 (M) "Remote State" means: a member state in which an individual is not 03 licensed. 04 (N) "Restricted" means: the outcome of an adverse action that limits a license 05 or the privilege to practice. 06 (O) "Rule" means: a written statement by the interstate Commission 07 promulgated pursuant to Section 12 of this Compact that is of general applicability; 08 implements, interprets, or prescribes a policy or provision of the Compact; or is an 09 organizational, procedural, or practice requirement of the Commission and has the 10 force and effect of statutory law in a member state and includes the amendment, 11 repeal, or suspension of an existing rule. 12 (P) "Scope of Practice" means: defined parameters of various duties or 13 services that may be provided by an individual with specific credentials. Whether 14 regulated by rule, statute, or court decision, it tends to represent the limits of services 15 an individual may perform. 16 (Q) "Significant Investigatory Information" means: 17 (1) investigative information that a state EMS authority, after a 18 preliminary inquiry that includes notification and an opportunity to respond if required 19 by state law, has reason to believe, if proved true, would result in the imposition of an 20 adverse action on a license or privilege to practice; or 21 (2) investigative information that indicates that the individual 22 represents an immediate threat to public health and safety regardless of whether the 23 individual has been notified and had an opportunity to respond. 24 (R) "State" means: any state, commonwealth, district, or territory of the 25 United States. 26 (S) "State EMS Authority" means: the board, office, or other agency with the 27 legislative mandate to license EMS personnel. 28 SECTION 3. HOME STATE LICENSURE. 29 (A) Any member state in which an individual holds a current license shall be 30 deemed a home state for purposes of this Compact. 31 (B) Any member state may require an individual to obtain and retain a license
01 to be authorized to practice in the member state under circumstances not authorized by 02 the privilege to practice under the terms of this Compact. 03 (C) A home state's license authorizes an individual to practice in a remote 04 state under the privilege to practice only if the home state: 05 (1) Currently requires the use of the National Registry of Emergency 06 Medical Technicians (NREMT) examination as a condition of issuing initial licenses 07 at the EMT and paramedic levels; 08 (2) Has a mechanism in place for receiving and investigating 09 complaints about individuals; 10 (3) Notifies the Commission, in compliance with the terms herein, of 11 any adverse action or significant investigatory information regarding an individual; 12 (4) No later than five years after activation of the Compact, requires a 13 criminal background check of all applicants for initial licensure, including the use of 14 the results of fingerprint or other biometric data checks compliant with the 15 requirements of the Federal Bureau of Investigation with the exception of federal 16 employees who have suitability determination in accordance with 5 C.F.R. 731.202 17 and submit documentation of such as promulgated in the rules of the Commission; and 18 (5) Complies with the rules of the Commission. 19 SECTION 4. COMPACT PRIVILEGE TO PRACTICE. 20 (A) Member states shall recognize the privilege to practice of an individual 21 licensed in another member state that is in conformance with Section 3. 22 (B) To exercise the privilege to practice under the terms and provisions of this 23 Compact, an individual must: 24 (1) Be at least 18 years of age; 25 (2) Possess a current unrestricted license in a member state as an EMT, 26 AEMT, paramedic, or state recognized and licensed level with a scope of practice and 27 authority between EMT and paramedic; and 28 (3) Practice under the supervision of a medical director. 29 (C) An individual providing patient care in a remote state under the privilege 30 to practice shall function within the scope of practice authorized by the home state 31 unless and until modified by an appropriate authority in the remote state as may be
01 defined in the rules of the commission. 02 (D) Except as provided in Section 4(C), an individual practicing in a remote 03 state will be subject to the remote state's authority and laws. A remote state may, in 04 accordance with due process and that state's laws, restrict, suspend, or revoke an 05 individual's privilege to practice in the remote state and may take any other necessary 06 actions to protect the health and safety of its citizens. If a remote state takes action it 07 shall promptly notify the home state and the Commission. 08 (E) If an individual's license in any home state is restricted or suspended, the 09 individual shall not be eligible to practice in a remote state under the privilege to 10 practice until the individual's home state license is restored. 11 (F) If an individual's privilege to practice in any remote state is restricted, 12 suspended, or revoked the individual shall not be eligible to practice in any remote 13 state until the individual's privilege to practice is restored. 14 SECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE. 15 An individual may practice in a remote state under a privilege to practice only 16 in the performance of the individual's EMS duties as assigned by an appropriate 17 authority, as defined in the rules of the Commission, and under the following 18 circumstances: 19 (1) The individual originates a patient transport in a home state and 20 transports the patient to a remote state; 21 (2) The individual originates in the home state and enters a remote 22 state to pick up a patient and provide care and transport of the patient to the home 23 state; 24 (3) The individual enters a remote state to provide patient care and/or 25 transport within that remote state; 26 (4) The individual enters a remote state to pick up a patient and 27 provide care and transport to a third member state; 28 (5) Other conditions as determined by rules promulgated by the 29 commission. 30 SECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE 31 COMPACT.
01 Upon a member state's governor's declaration of a state of emergency or 02 disaster that activates the Emergency Management Assistance Compact (EMAC), all 03 relevant terms and provisions of EMAC shall apply and to the extent any terms or 04 provisions of this Compact conflicts with EMAC, the terms of EMAC shall prevail 05 with respect to any individual practicing in the remote state in response to such 06 declaration. 07 SECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE-DUTY 08 MILITARY, AND THEIR SPOUSES. 09 (A) Member states shall consider a veteran, active military service member, 10 and member of the National Guard and Reserves separating from an active-duty tour, 11 and a spouse thereof, who holds a current valid and unrestricted NREMT certification 12 at or above the level of the state license being sought as satisfying the minimum 13 training and examination requirements for such licensure. 14 (B) Member states shall expedite the processing of licensure applications 15 submitted by veterans, active military service members, and members of the National 16 Guard and Reserves separating from an active-duty tour, and their spouses. 17 (C) All individuals functioning with a privilege to practice under this Section 18 remain subject to the Adverse Actions provisions of Section 8. 19 SECTION 8. ADVERSE ACTIONS. 20 (A) A home state shall have exclusive power to impose adverse action against 21 an individual's license issued by the home state. 22 (B) If an individual's license in any home state is restricted or suspended, the 23 individual shall not be eligible to practice in a remote state under the privilege to 24 practice until the individual's home state license is restored. 25 (1) All home state adverse action orders shall include a statement that 26 the individual's Compact privileges are inactive. The order may allow the individual to 27 practice in remote states with prior written authorization from both the home state and 28 remote state's EMS authority. 29 (2) An individual currently subject to adverse action in the home state 30 shall not practice in any remote state without prior written authorization from both the 31 home state and remote state's EMS authority.
01 (C) A member state shall report adverse actions and any occurrences that the 02 individual's Compact privileges are restricted, suspended, or revoked to the 03 Commission in accordance with the rules of the Commission. 04 (D) A remote state may take adverse action on an individual's privilege to 05 practice within that state. 06 (E) Any member state may take adverse action against an individual's 07 privilege to practice in that state based on the factual findings of another member state, 08 so long as each state follows its own procedures for imposing such adverse action. 09 (F) A home state's EMS authority shall investigate and take appropriate action 10 with respect to reported conduct in a remote state as it would if such conduct had 11 occurred within the home state. In such cases, the home state's law shall control in 12 determining the appropriate adverse action. 13 (G) Nothing in this Compact shall override a member state's decision that 14 participation in an alternative program may be used in lieu of adverse action and that 15 such participation shall remain non-public if required by the member state's laws. 16 Member states must require individuals who enter any alternative programs to agree 17 not to practice in any other member state during the term of the alternative program 18 without prior authorization from such other member state. 19 SECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S EMS 20 AUTHORITY. 21 A member state's EMS authority, in addition to any other powers granted 22 under state law, is authorized under this Compact to: 23 (1) Issue subpoenas for both hearings and investigations that require 24 the attendance and testimony of witnesses and the production of evidence. Subpoenas 25 issued by a member state's EMS authority for the attendance and testimony of 26 witnesses, and/or the production of evidence from another member state, shall be 27 enforced in the remote state by any court of competent jurisdiction, according to that 28 court's practice and procedure in considering subpoenas issued in its own proceedings. 29 The issuing state EMS authority shall pay any witness fees, travel expenses, mileage, 30 and other fees required by the service statutes of the state where the witnesses and/or 31 evidence are located; and
01 (2) Issue cease and desist orders to restrict, suspend, or revoke an 02 individual's privilege to practice in the state. 03 SECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS 04 PERSONNEL PRACTICE. 05 (A) The Compact states hereby create and establish a joint public agency 06 known as the Interstate Commission for EMS Personnel Practice. 07 (1) The Commission is a body politic and an instrumentality of the 08 Compact states. 09 (2) Venue is proper and judicial proceedings by or against the 10 Commission shall be brought solely and exclusively in a court of competent 11 jurisdiction where the principal office of the Commission is located. The Commission 12 may waive venue and jurisdictional defenses to the extent it adopts or consents to 13 participate in alternative dispute resolution proceedings. 14 (3) Nothing in this Compact shall be construed to be a waiver of 15 sovereign immunity. 16 (B) Membership, Voting, and Meetings. 17 (1) Each member state shall have and be limited to one (1) delegate. 18 The responsible official of the state EMS authority or his designee shall be the 19 delegate to this Compact for each member state. Any delegate may be removed or 20 suspended from office as provided by the law of the state from which the delegate is 21 appointed. Any vacancy occurring in the Commission shall be filled in accordance 22 with the laws of the member state in which the vacancy exists. In the event that more 23 than one board, office, or other agency with the legislative mandate to license EMS 24 personnel at and above the level of EMT exists, the Governor of the state will 25 determine which entity will be responsible for assigning the delegate. 26 (2) Each delegate shall be entitled to one (1) vote with regard to the 27 promulgation of rules and creation of bylaws and shall otherwise have an opportunity 28 to participate in the business and affairs of the Commission. A delegate shall vote in 29 person or by such other means as provided in the bylaws. The bylaws may provide for 30 delegates' participation in meetings by telephone or other means of communication. 31 (3) The Commission shall meet at least once during each calendar
01 year. Additional meetings shall be held as set forth in the bylaws. 02 (4) All meetings shall be open to the public, and public notice of 03 meetings shall be given in the same manner as required under the rulemaking 04 provisions in Section 7. 05 (5) The Commission may convene in a closed, non-public meeting if 06 the Commission must discuss: 07 (a) Non-compliance of a member state with its obligations 08 under the Compact; 09 (b) The employment, compensation, discipline or other 10 personnel matters, practices or procedures related to specific employees or 11 other matters related to the Commission's internal personnel practices and 12 procedures; 13 (c) Current, threatened, or reasonably anticipated litigation; 14 (d) Negotiation of contracts for the purchase or sale of goods, 15 services, or real estate; 16 (e) Accusing any person of a crime or formally censuring any 17 person; 18 (f) Disclosure of trade secrets or commercial or financial 19 information that is privileged or confidential; 20 (g) Disclosure of information of a personal nature where 21 disclosure would constitute a clearly unwarranted invasion of personal privacy; 22 (h) Disclosure of investigatory records compiled for law 23 enforcement purposes; 24 (i) Disclosure of information related to any investigatory 25 reports prepared by or on behalf of or for use of the Commission or other 26 committee charged with responsibility of investigation or determination of 27 compliance issues pursuant to the Compact; or 28 (j) Matters specifically exempted from disclosure by federal or 29 member state statute. 30 (6) If a meeting, or portion of a meeting, is closed pursuant to this 31 provision, the Commission's legal counsel or designee shall certify that the meeting
01 may be closed and shall reference each relevant exempting provision. The 02 Commission shall keep minutes that fully and clearly describe all matters discussed in 03 a meeting and shall provide a full and accurate summary of actions taken, and the 04 reasons therefore, including a description of the views expressed. All documents 05 considered in connection with an action shall be identified in such minutes. All 06 minutes and documents of a closed meeting shall remain under seal, subject to release 07 by a majority vote of the Commission or order of a court of competent jurisdiction. 08 (C) The Commission shall, by a majority vote of the delegates, prescribe 09 bylaws and/or rules to govern its conduct as may be necessary or appropriate to carry 10 out the purposes and exercise the powers of the Compact, including but not limited to: 11 (1) Establishing the fiscal year of the Commission; 12 (2) Providing reasonable standards and procedures: 13 (a) for the establishment and meetings of other committees; and 14 (b) governing any general or specific delegation of any 15 authority or function of the Commission; 16 (3) Providing reasonable procedures for calling and conducting 17 meetings of the Commission, ensuring reasonable advance notice of all meetings, and 18 providing an opportunity for attendance of such meetings by interested parties, with 19 enumerated exceptions designed to protect the public's interest, the privacy of 20 individuals, and proprietary information, including trade secrets. The Commission 21 may meet in closed session only after a majority of the membership votes to close a 22 meeting in whole or in part. As soon as practicable, the Commission must make public 23 a copy of the vote to close the meeting revealing the vote of each member with no 24 proxy votes allowed; 25 (4) Establishing the titles, duties and authority, and reasonable 26 procedures for the election of the officers of the Commission; 27 (5) Providing reasonable standards and procedures for the 28 establishment of the personnel policies and programs of the Commission. 29 Notwithstanding any civil service or other similar laws of any member state, the 30 bylaws shall exclusively govern the personnel policies and programs of the 31 Commission;
01 (6) Promulgating a code of ethics to address permissible and prohibited 02 activities of Commission members and employees; 03 (7) Providing a mechanism for winding up the operations of the 04 Commission and the equitable disposition of any surplus funds that may exist after the 05 termination of the Compact after the payment and/or reserving of all of its debts and 06 obligations; 07 (8) The Commission shall publish its bylaws and file a copy thereof, 08 and a copy of any amendment thereto, with the appropriate agency or officer in each 09 of the member states, if any; 10 (9) The Commission shall maintain its financial records in accordance 11 with the bylaws; 12 (10) The Commission shall meet and take such actions as are 13 consistent with the provisions of this Compact and the bylaws. 14 (D) The Commission shall have the following powers: 15 (1) The authority to promulgate uniform rules to facilitate and 16 coordinate implementation and administration of this Compact. The rules shall have 17 the force and effect of law and shall be binding in all member states; 18 (2) To bring and prosecute legal proceedings or actions in the name of 19 the Commission, provided that the standing of any state EMS authority or other 20 regulatory body responsible for EMS personnel licensure to sue or be sued under 21 applicable law shall not be affected; 22 (3) To purchase and maintain insurance and bonds; 23 (4) To borrow, accept, or contract for services of personnel, including, 24 but not limited to, employees of a member state; 25 (5) To hire employees, elect or appoint officers, fix compensation, 26 define duties, grant such individuals appropriate authority to carry out the purposes of 27 the Compact, and to establish the Commission's personnel policies and programs 28 relating to conflicts of interest, qualifications of personnel, and other related personnel 29 matters; 30 (6) To accept any and all appropriate donations and grants of money, 31 equipment, supplies, materials and services, and to receive, utilize and dispose of the
01 same; provided that at all times the Commission shall strive to avoid any appearance 02 of impropriety and/or conflict of interest; 03 (7) To lease, purchase, accept appropriate gifts or donations of, or 04 otherwise to own, hold, improve or use, any property, real, personal or mixed; 05 provided that at all times the Commission shall strive to avoid any appearance of 06 impropriety; 07 (8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or 08 otherwise dispose of any property real, personal, or mixed; 09 (9) To establish a budget and make expenditures; 10 (10) To borrow money; 11 (11) To appoint committees, including advisory committees comprised 12 of members, state regulators, state legislators or their representatives, and consumer 13 representatives, and such other interested persons as may be designated in this 14 Compact and the bylaws; 15 (12) To provide and receive information from, and to cooperate with, 16 law enforcement agencies; 17 (13) To adopt and use an official seal; and 18 (14) To perform such other functions as may be necessary or 19 appropriate to achieve the purposes of this Compact consistent with the state 20 regulation of EMS personnel licensure and practice. 21 (E) Financing of the Commission. 22 (1) The Commission shall pay, or provide for the payment of, the 23 reasonable expenses of its establishment, organization, and ongoing activities. 24 (2) The Commission may accept any and all appropriate revenue 25 sources, donations, and grants of money, equipment, supplies, materials, and services. 26 (3) The Commission may levy on and collect an annual assessment 27 from each member state or impose fees on other parties to cover the cost of the 28 operations and activities of the Commission and its staff, which must be in a total 29 amount sufficient to cover its annual budget as approved each year for which revenue 30 is not provided by other sources. The aggregate annual assessment amount shall be 31 allocated based upon a formula to be determined by the Commission, which shall
01 promulgate a rule binding upon all member states. 02 (4) The Commission shall not incur obligations of any kind prior to 03 securing the funds adequate to meet the same; nor shall the Commission pledge the 04 credit of any of the member states, except by and with the authority of the member 05 state. 06 (5) The Commission shall keep accurate accounts of all receipts and 07 disbursements. The receipts and disbursements of the Commission shall be subject to 08 the audit and accounting procedures established under its bylaws. However, all 09 receipts and disbursements of funds handled by the Commission shall be audited 10 yearly by a certified or licensed public accountant, and the report of the audit shall be 11 included in and become part of the annual report of the Commission. 12 (F) Qualified Immunity, Defense, and Indemnification. 13 (1) The members, officers, executive director, employees and 14 representatives of the Commission shall be immune from suit and liability, either 15 personally or in their official capacity, for any claim for damage to or loss of property 16 or personal injury or other civil liability caused by or arising out of any actual or 17 alleged act, error or omission that occurred, or that the person against whom the claim 18 is made had a reasonable basis for believing occurred within the scope of Commission 19 employment, duties or responsibilities; provided that nothing in this paragraph shall be 20 construed to protect any such person from suit and/or liability for any damage, loss, 21 injury, or liability caused by the intentional or willful or wanton misconduct of that 22 person. 23 (2) The Commission shall defend any member, officer, executive 24 director, employee or representative of the Commission in any civil action seeking to 25 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 that the person against whom the claim is made had a reasonable basis for believing 28 occurred within the scope of Commission employment, duties, or responsibilities; 29 provided that nothing herein shall be construed to prohibit that person from retaining 30 his or her own counsel; and provided further, that the actual or alleged act, error, or 31 omission did not result from that person's intentional or willful or wanton misconduct.
01 (3) The Commission shall indemnify and hold harmless any member, 02 officer, executive director, employee, or representative of the Commission for the 03 amount of any settlement or judgment obtained against that person arising out of any 04 actual or alleged act, error or omission that occurred within the scope of Commission 05 employment, duties, or responsibilities, or that such person had a reasonable basis for 06 believing occurred within the scope of Commission employment, duties, or 07 responsibilities, provided that the actual or alleged act, error, or omission did not result 08 from the intentional or willful or wanton misconduct of that person. 09 SECTION 11. COORDINATED DATABASE. 10 (A) The Commission shall provide for the development and maintenance of a 11 coordinated database and reporting system containing licensure, adverse action, and 12 significant investigatory information on all licensed individuals in member states. 13 (B) Notwithstanding any other provision of state law to the contrary, a 14 member state shall submit a uniform data set to the coordinated database on all 15 individuals to whom this Compact is applicable as required by the rules of the 16 Commission, including: 17 (1) Identifying information; 18 (2) Licensure data; 19 (3) Significant investigatory information; 20 (4) Adverse actions against an individual's license; 21 (5) An indicator that an individual's privilege to practice is restricted, 22 suspended or revoked; 23 (6) Non-confidential information related to alternative program 24 participation; 25 (7) Any denial of application for licensure, and the reason(s) for such 26 denial; and 27 (8) Other information that may facilitate the administration of this 28 Compact, as determined by the rules of the Commission. 29 (C) The coordinated database administrator shall promptly notify all member 30 states of any adverse action taken against, or significant investigative information on, 31 any individual in a member state.
01 (D) Member states contributing information to the coordinated database may 02 designate information that may not be shared with the public without the express 03 permission of the contributing state. 04 (E) Any information submitted to the coordinated database that is 05 subsequently required to be expunged by the laws of the member state contributing the 06 information shall be removed from the coordinated database. 07 SECTION 12. RULEMAKING. 08 (A) The Commission shall exercise its rulemaking powers pursuant to the 09 criteria set forth in this Section and the rules adopted thereunder. Rules and 10 amendments shall become binding as of the date specified in each rule or amendment. 11 (B) If a majority of the legislatures of the member states rejects a rule, by 12 enactment of a statute or resolution in the same manner used to adopt the Compact, 13 then such rule shall have no further force and effect in any member state. 14 (C) Rules or amendments to the rules shall be adopted at a regular or special 15 meeting of the Commission. 16 (D) Prior to promulgation and adoption of a final rule or rules by the 17 Commission, and at least sixty (60) days in advance of the meeting at which the rule 18 will be considered and voted upon, the Commission shall file a Notice of Proposed 19 Rulemaking: 20 (1) On the website of the Commission; and 21 (2) On the website of each member state EMS authority or the 22 publication in which each state would otherwise publish proposed rules. 23 (E) The Notice of Proposed Rulemaking shall include: 24 (1) The proposed time, date, and location of the meeting in which the 25 rule will be considered and voted upon; 26 (2) The text of the proposed rule or amendment and the reason for the 27 proposed rule; 28 (3) A request for comments on the proposed rule from any interested 29 person; and 30 (4) The manner in which interested persons may submit notice to the 31 Commission of their intention to attend the public hearing and any written comments.
01 (F) Prior to adoption of a proposed rule, the Commission shall allow persons 02 to submit written data, facts, opinions, and arguments, which shall be made available 03 to the public. 04 (G) The Commission shall grant an opportunity for a public hearing before it 05 adopts a rule or amendment if a hearing is requested by: 06 (1) At least twenty-five (25) persons; 07 (2) A governmental subdivision or agency; or 08 (3) An association having at least twenty-five (25) members. 09 (H) If a hearing is held on the proposed rule or amendment, the Commission 10 shall publish the place, time, and date of the scheduled public hearing. 11 (1) All persons wishing to be heard at the hearing shall notify the 12 executive director of the Commission or other designated member in writing of their 13 desire to appear and testify at the hearing not less than five (5) business days before 14 the scheduled date of the hearing. 15 (2) Hearings shall be conducted in a manner providing each person 16 who wishes to comment a fair and reasonable opportunity to comment orally or in 17 writing. 18 (3) No transcript of the hearing is required, unless a written request for 19 a transcript is made, in which case the person requesting the transcript shall bear the 20 cost of producing the transcript. A recording may be made in lieu of a transcript under 21 the same terms and conditions as a transcript. This subsection shall not preclude the 22 Commission from making a transcript or recording of the hearing if it so chooses. 23 (4) 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 (I) Following the scheduled hearing date, or by the close of business on the 27 scheduled hearing date if the hearing was not held, the Commission shall consider all 28 written and oral comments received. 29 (J) The Commission shall, by majority vote of all members, take final action 30 on the proposed rule and shall determine the effective date of the rule, if any, based on 31 the rulemaking record and the full text of the rule.
01 (K) If no written notice of intent to attend the public hearing by interested 02 parties is received, the Commission may proceed with promulgation of the proposed 03 rule without a public hearing. 04 (L) Upon determination that an emergency exists, the Commission may 05 consider and adopt an emergency rule without prior notice, opportunity for comment, 06 or hearing, provided that the usual rulemaking procedures provided in the Compact 07 and in this section shall be retroactively applied to the rule as soon as reasonably 08 possible, in no event later than ninety (90) days after the effective date of the rule. For 09 the purposes of this provision, an emergency rule is one that must be adopted 10 immediately in order to: 11 (1) Meet an imminent threat to public health, safety, or welfare; 12 (2) Prevent a loss of Commission or member state funds; 13 (3) Meet a deadline for the promulgation of an administrative rule that 14 is established by federal law or rule; or 15 (4) Protect public health and safety. 16 (M) The Commission or an authorized committee of the Commission may 17 direct revisions to a previously adopted rule or amendment for purposes of correcting 18 typographical errors, errors in format, errors in consistency, or grammatical errors. 19 Public notice of any revisions shall be posted on the website of the Commission. The 20 revision shall be subject to challenge by any person for a period of thirty (30) days 21 after posting. The revision may be challenged only on grounds that the revision results 22 in a material change to a rule. A challenge shall be made in writing, and delivered to 23 the chair of the Commission prior to the end of the notice period. If no challenge is 24 made, the revision will take effect without further action. If the revision is challenged, 25 the revision may not take effect without the approval of the Commission. 26 SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 27 (A) Oversight. 28 (1) The executive, legislative, and judicial branches of state 29 government in each member state shall enforce this Compact and take all actions 30 necessary and appropriate to effectuate the Compact's purposes and intent. The 31 provisions of this Compact and the rules promulgated hereunder shall have standing as
01 statutory law. 02 (2) All courts shall take judicial notice of the Compact and the rules in 03 any judicial or administrative proceeding in a member state pertaining to the subject 04 matter of this Compact which may affect the powers, responsibilities or actions of the 05 Commission. 06 (3) The Commission shall be entitled to receive service of process in 07 any such proceeding, and shall have standing to intervene in such a proceeding for all 08 purposes. Failure to provide service of process to the Commission shall render a 09 judgment or order void as to the Commission, this Compact, or promulgated rules. 10 (B) Default, Technical Assistance, and Termination. 11 (1) If the Commission determines that a member state has defaulted in 12 the performance of its obligations or responsibilities under this Compact or the 13 promulgated rules, the Commission shall: 14 (a) Provide written notice to the defaulting state and other 15 member states of the nature of the default, the proposed means of curing the 16 default and/or any other action to be taken by the Commission; and 17 (b) Provide remedial training and specific technical assistance 18 regarding the default. 19 (2) If a state in default fails to cure the default, the defaulting state may 20 be terminated from the Compact upon an affirmative vote of a majority of the member 21 states, and all rights, privileges and benefits conferred by this Compact may be 22 terminated on the effective date of termination. A cure of the default does not relieve 23 the offending state of obligations or liabilities incurred during the period of default. 24 (3) Termination of membership in the Compact shall be imposed only 25 after all other means of securing compliance have been exhausted. Notice of intent to 26 suspend or terminate shall be given by the Commission to the governor, the majority 27 and minority leaders of the defaulting state's legislature, and each of the member 28 states. 29 (4) A state that has been terminated is responsible for all assessments, 30 obligations, and liabilities incurred through the effective date of termination, including 31 obligations that extend beyond the effective date of termination.
01 (5) The Commission shall not bear any costs related to a state that is 02 found to be in default or that has been terminated from the Compact, unless agreed 03 upon in writing between the Commission and the defaulting state. 04 (6) The defaulting state may appeal the action of the Commission by 05 petitioning the U.S. District Court for the District of Columbia or the federal district 06 where the Commission has its principal offices. The prevailing member shall be 07 awarded all costs of such litigation, including reasonable attorney's fees. 08 (C) Dispute Resolution. 09 (1) Upon request by a member state, the Commission shall attempt to 10 resolve disputes related to the Compact that arise among member states and between 11 member and non-member states. 12 (2) The Commission shall promulgate a rule providing for both 13 mediation and binding dispute resolution for disputes as appropriate. 14 (D) Enforcement. 15 (1) The Commission, in the reasonable exercise of its discretion, shall 16 enforce the provisions and rules of this Compact. 17 (2) By majority vote, the Commission may initiate legal action in the 18 United States District Court for the District of Columbia or the federal district where 19 the Commission has its principal offices against a member state in default to enforce 20 compliance with the provisions of the Compact and its promulgated rules and bylaws. 21 The relief sought may include both injunctive relief and damages. In the event judicial 22 enforcement is necessary, the prevailing member shall be awarded all costs of such 23 litigation, including reasonable attorney's fees. 24 (3) The remedies herein shall not be the exclusive remedies of the 25 Commission. The Commission may pursue any other remedies available under federal 26 or state law. 27 SECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION 28 FOR EMS PERSONNEL PRACTICE AND ASSOCIATION RULES, WITHDRAWAL, 29 AND AMENDMENT. 30 (A) The Compact shall come into effect on the date on which the Compact 31 statute is enacted into law in the tenth member state. The provisions, which become
01 effective at that time, shall be limited to the powers granted to the Commission 02 relating to assembly and the promulgation of rules. Thereafter, the Commission shall 03 meet and exercise rulemaking powers necessary to the implementation and 04 administration of the Compact. 05 (B) Any state that joins the Compact subsequent to the Commission's initial 06 adoption of the rules shall be subject to the rules as they exist on the date on which the 07 Compact becomes law in that state. Any rule that has been previously adopted by the 08 Commission shall have the full force and effect of law on the day the Compact 09 becomes law in that state. 10 (C) Any member state may withdraw from this Compact by enacting a statute 11 repealing the same. 12 (1) A member state's withdrawal shall not take effect until six (6) 13 months after enactment of the repealing statute. 14 (2) Withdrawal shall not affect the continuing requirement of the 15 withdrawing state's EMS authority to comply with the investigative and adverse action 16 reporting requirements of this act prior to the effective date of withdrawal. 17 (D) Nothing contained in this Compact shall be construed to invalidate or 18 prevent any EMS personnel licensure agreement or other cooperative arrangement 19 between a member state and a non-member state that does not conflict with the 20 provisions of this Compact. 21 (E) This Compact may be amended by the member states. No amendment to 22 this Compact shall become effective and binding upon any member state until it is 23 enacted into the laws of all member states. 24 SECTION 15. CONSTRUCTION AND SEVERABILITY. 25 This Compact shall be liberally construed so as to effectuate the purposes 26 thereof. If this Compact shall be held contrary to the constitution of any state member 27 thereto, the Compact shall remain in full force and effect as to the remaining member 28 states. Nothing in this Compact supersedes state law or rules related to licensure of 29 EMS agencies.