CSSB 281(HSS): "An Act relating to the rural health transformation program; relating to the practice of genetic counseling; relating to the licensure of genetic counselors; establishing the Genetic Counseling Advisory Council; relating to the duties of the State Medical Board; relating to telehealth; relating to physicians, osteopaths, podiatrists, and physician assistants; relating to the interstate medical licensure compact; relating to the PA licensure compact; relating to psychologists; relating to the psychology interjurisdictional compact; relating to the practice of respiratory care; relating to the duties of the Department of Commerce, Community, and Economic Development; relating to medical malpractice liability of health care providers; relating to immunity from civil liability for a health care provider providing free health care services; relating to national criminal history record checks; relating to respiratory care practitioners providing documentation and treatment plans for public school students with asthma or anaphylaxis; relating to emergency medical technicians, advanced emergency medical technicians, and mobile intensive care paramedics; relating to the recognition of EMS personnel licensure interstate compact; prohibiting unfair discrimination under group health insurance against certain providers; establishing the Rural Health Transformation Program Advisory Council; and providing for an effective date."
00 CS FOR SENATE BILL NO. 281(HSS) 01 "An Act relating to the rural health transformation program; relating to the practice of 02 genetic counseling; relating to the licensure of genetic counselors; establishing the 03 Genetic Counseling Advisory Council; relating to the duties of the State Medical Board; 04 relating to telehealth; relating to physicians, osteopaths, podiatrists, and physician 05 assistants; relating to the interstate medical licensure compact; relating to the PA 06 licensure compact; relating to psychologists; relating to the psychology 07 interjurisdictional compact; relating to the practice of respiratory care; relating to the 08 duties of the Department of Commerce, Community, and Economic Development; 09 relating to medical malpractice liability of health care providers; relating to immunity 10 from civil liability for a health care provider providing free health care services; relating 11 to national criminal history record checks; relating to respiratory care practitioners 12 providing documentation and treatment plans for public school students with asthma or
01 anaphylaxis; relating to emergency medical technicians, advanced emergency medical 02 technicians, and mobile intensive care paramedics; relating to the recognition of EMS 03 personnel licensure interstate compact; prohibiting unfair discrimination under group 04 health insurance against certain providers; establishing the Rural Health 05 Transformation Program Advisory Council; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 08.01.010 is amended by adding a new paragraph to read: 08 (42) regulation of respiratory care practitioners under AS 08.90. 09 * Sec. 2. AS 08.02.110(a) is amended to read: 10 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech- 11 language pathologist licensed under AS 08.11, a behavior analyst licensed under 12 AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a 13 professional or associate counselor licensed under AS 08.29, a dentist under AS 08.36, 14 a dietitian or nutritionist licensed under AS 08.38, a genetic counselor licensed 15 under AS 08.53, a massage therapist licensed under AS 08.61, a marital and family 16 therapist licensed under AS 08.63, a medical practitioner or osteopath under AS 08.64, 17 a direct-entry midwife certified under AS 08.65, a registered or advanced practice 18 registered nurse under AS 08.68, an optometrist under AS 08.72, a licensed 19 pharmacist under AS 08.80, a physical therapist or occupational therapist licensed 20 under AS 08.84, a psychologist under AS 08.86, or a clinical social worker licensed 21 under AS 08.95, shall use as professional identification appropriate letters or a title 22 after that person's name that represents the person's specific field of practice. The 23 letters or title shall appear on all signs, stationery, or other advertising in which the 24 person offers or displays personal professional services to the public. In addition, a 25 person engaged in the practice of medicine or osteopathy as defined in AS 08.64.380, 26 or a person engaged in any manner in the healing arts who diagnoses, treats, tests, or 27 counsels other persons in relation to human health or disease and uses the letters 28 "M.D." or the title "doctor" or "physician" or another title that tends to show that the 29 person is willing or qualified to diagnose, treat, test, or counsel another person, shall
01 clarify the letters or title by adding the appropriate specialist designation, if any, such 02 as "dermatologist," "radiologist," "audiologist," "naturopath," or the like. 03 * Sec. 3. AS 08.02.110(a), as amended by sec. 2 of this Act, is amended to read: 04 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech- 05 language pathologist licensed under AS 08.11, a behavior analyst licensed under 06 AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a 07 professional or associate counselor licensed under AS 08.29, a dentist under AS 08.36, 08 a dietitian or nutritionist licensed under AS 08.38, a genetic counselor licensed under 09 AS 08.53, a massage therapist licensed under AS 08.61, a marital and family therapist 10 licensed under AS 08.63, a medical practitioner or osteopath under AS 08.64, a direct- 11 entry midwife certified under AS 08.65, a registered or advanced practice registered 12 nurse under AS 08.68, an optometrist under AS 08.72, a licensed pharmacist under 13 AS 08.80, a physical therapist or occupational therapist licensed under AS 08.84, a 14 psychologist under AS 08.86, a respiratory care practitioner licensed under 15 AS 08.90, or a clinical social worker licensed under AS 08.95, shall use as 16 professional identification appropriate letters or a title after that person's name that 17 represents the person's specific field of practice. The letters or title shall appear on all 18 signs, stationery, or other advertising in which the person offers or displays personal 19 professional services to the public. In addition, a person engaged in the practice of 20 medicine or osteopathy as defined in AS 08.64.380, or a person engaged in any 21 manner in the healing arts who diagnoses, treats, tests, or counsels other persons in 22 relation to human health or disease and uses the letters "M.D." or the title "doctor" or 23 "physician" or another title that tends to show that the person is willing or qualified to 24 diagnose, treat, test, or counsel another person, shall clarify the letters or title by 25 adding the appropriate specialist designation, if any, such as "dermatologist," 26 "radiologist," "audiologist," "naturopath," or the like. 27 * Sec. 4. AS 08.02.130(j)(1) is amended to read: 28 (1) "health care provider" means 29 (A) an audiologist or speech-language pathologist licensed 30 under AS 08.11; a behavior analyst licensed under AS 08.15; a chiropractor 31 licensed under AS 08.20; a professional or associate counselor licensed under
01 AS 08.29; a dental hygienist licensed under AS 08.32; a dentist licensed under 02 AS 08.36; a dietitian or nutritionist licensed under AS 08.38; a naturopath 03 licensed under AS 08.45; a genetic counselor licensed under AS 08.53; a 04 marital and family therapist licensed under AS 08.63; a physician licensed 05 under AS 08.64; a podiatrist, osteopath, or physician assistant licensed under 06 AS 08.64; a direct-entry midwife certified under AS 08.65; a nurse licensed 07 under AS 08.68; a dispensing optician licensed under AS 08.71; an optometrist 08 licensed under AS 08.72; a pharmacist licensed under AS 08.80; a physical 09 therapist or occupational therapist licensed under AS 08.84; a psychologist or 10 psychological associate licensed under AS 08.86; or a social worker licensed 11 under AS 08.95; 12 (B) a physician licensed in another state; or 13 (C) a member of a multidisciplinary care team who is licensed 14 in another state; 15 * Sec. 5. AS 08.02.130(j)(1), as amended by sec. 4 of this Act, is amended to read: 16 (1) "health care provider" means 17 (A) an audiologist or speech-language pathologist licensed 18 under AS 08.11; a behavior analyst licensed under AS 08.15; a chiropractor 19 licensed under AS 08.20; a professional or associate counselor licensed under 20 AS 08.29; a dental hygienist licensed under AS 08.32; a dentist licensed under 21 AS 08.36; a dietitian or nutritionist licensed under AS 08.38; a naturopath 22 licensed under AS 08.45; a genetic counselor licensed under AS 08.53; a 23 marital and family therapist licensed under AS 08.63; a physician licensed 24 under AS 08.64; a podiatrist, osteopath, or physician assistant licensed under 25 AS 08.64; a direct-entry midwife certified under AS 08.65; a nurse licensed 26 under AS 08.68; a dispensing optician licensed under AS 08.71; an optometrist 27 licensed under AS 08.72; a pharmacist licensed under AS 08.80; a physical 28 therapist or occupational therapist licensed under AS 08.84; a psychologist or 29 psychological associate licensed under AS 08.86; a respiratory care 30 practitioner licensed under AS 08.90 and authorized under 31 AS 08.90.060(a)(4)(H); or a social worker licensed under AS 08.95;
01 (B) a physician licensed in another state; or 02 (C) a member of a multidisciplinary care team who is licensed 03 in another state; 04 * Sec. 6. AS 08.02.130(j)(4) is amended to read: 05 (4) "member of a multidisciplinary care team" means an audiologist, 06 speech-language pathologist, behavior analyst, professional counselor, dietitian, 07 genetic counselor, nutritionist, naturopath, marital and family therapist, podiatrist, 08 osteopath, physician assistant, nurse, pharmacist, physical therapist, occupational 09 therapist, psychologist or psychological associate, advanced nurse practitioner, or 10 social worker who is a member of a team coordinated by a physician licensed in 11 another state who meets the requirements of (b)(3) of this section; 12 * Sec. 7. AS 08 is amended by adding a new chapter to read: 13 Chapter 53. Genetic Counselors. 14 Article 1. Licensing of Genetic Counselors. 15 Sec. 08.53.100. License required; title. (a) Except as provided in 16 AS 08.53.150 and 08.53.210, a person may not practice, offer or attempt to practice, or 17 advertise or announce as being prepared or qualified to practice as a genetic counselor 18 without a license. 19 (b) Unless licensed under this chapter or excepted from licensure under 20 AS 08.53.210(a), a person may not use or publicly display a title in connection with 21 the person's name, including "genetic counselor," "licensed genetic counselor," "gene 22 counselor," "genetic consultant," "genetic associate," or a similar title or associated 23 letters, abbreviations, or insignia indicating that the person holds a genetic counseling 24 license. 25 Sec. 08.53.110. Qualifications for license. (a) The board shall issue a license 26 to practice genetic counseling to an applicant who 27 (1) pays the required fees and applies on a form prescribed by the 28 board; and 29 (2) provides evidence satisfactory to the board that the applicant 30 (A) has successfully completed a certification program in 31 genetic counseling or medical genetics that, at the time of graduation, is
01 accredited by a nationally recognized certifying organization for genetic 02 counseling or medical genetics and approved by the board in regulation; 03 (B) has passed a certified genetic counselor examination 04 provided by a nationally recognized certifying organization for genetic 05 counseling or medical genetics approved by the board in regulation; 06 (C) unless the license was later reinstated, has not had a license 07 to practice genetic counseling revoked, suspended, or, while under 08 investigation, has not voluntarily surrendered a license, in this state or another; 09 (D) is not the subject of an unresolved or adverse decision 10 based on a complaint, investigation, review procedure, or other disciplinary 11 proceeding undertaken by a state, territorial, local, or federal genetic 12 counseling licensing jurisdiction or law enforcement agency that relates to 13 criminal or fraudulent activity, genetic counseling malpractice, or negligent 14 genetic counseling and that adversely reflects on the applicant's ability or 15 competence to practice as a genetic counselor or on the safety or well-being of 16 a patient or client; and 17 (E) meets other qualifications for a license to practice genetic 18 counseling established by the board by regulation. 19 (b) The board shall issue a license to practice genetic counseling to an 20 applicant who does not qualify for licensure under (a)(2)(A) or (a)(2)(B) of this 21 section if the applicant 22 (1) meets the qualifications prescribed in (a)(1) and (a)(2)(C) - (E) of 23 this section; 24 (2) submits a letter of recommendation from three individuals who 25 have worked with the applicant in an employment setting within the previous 10 years 26 and can attest to the applicant's competency in providing genetic counseling services; 27 at least one letter of recommendation must be from a genetic counselor who qualifies 28 for licensure under (a) of this section, and at least one letter of recommendation must 29 be from either a certified clinical geneticist or a certified medical geneticist; in this 30 paragraph, "certified clinical geneticist" or "certified medical geneticist" means a 31 medical doctor certified by a nationally recognized certifying organization for genetic
01 counseling or medical genetics approved by the board in regulation, to be competent 02 in diagnosing, managing, and counseling patients, clients, and families about genetic 03 conditions; 04 (3) provides evidence satisfactory to the board that the applicant 05 (A) has worked as a genetic counselor for at least 10 years 06 before the effective date of this Act; 07 (B) has a master's degree or higher in genetics or related field 08 of study as determined by the board in regulation; 09 (C) has earned continuing education units in genetic counseling 10 within the last five years from a program by a nationally recognized certifying 11 organization for genetic counseling or medical genetics approved by the board 12 in regulation; and 13 (D) has never failed a certified genetic counselor examination 14 provided by a nationally recognized certifying organization for genetic 15 counseling or medical genetics. 16 Sec. 08.53.120. Temporary license. The board shall issue a temporary license 17 to practice genetic counseling for up to one year to an applicant who meets the 18 requirements of AS 08.53.110(a)(1), (a)(2)(A), and (a)(2)(C) - (E), and has met the 19 requirement to take the examination required under AS 08.53.110(a)(2)(B), but has 20 either not taken the examination or has not received examination results. A genetic 21 counselor working under a temporary license shall work under the general supervision 22 of a licensed genetic counselor or a licensed physician. A genetic counselor working 23 under a temporary license who fails the examination may renew the temporary license 24 for up to one year by submitting an application to the board that has been signed by 25 the licensed genetic counselor or physician supervising the applicant. A temporary 26 license terminates 30 days after the holder of the temporary license fails to pass the 27 examination. 28 Sec. 08.53.130. Licensure by credentials. The board may issue a license to 29 practice genetic counseling to an applicant who pays the required fees and provides 30 satisfactory evidence to the board that the applicant holds an equivalent valid license 31 issued by another state, territory, or jurisdiction of the United States.
01 Sec. 08.53.140. Renewal of license; continuing education. (a) The board 02 shall renew the license of a licensee who applies for renewal on a form provided by 03 the board, pays the required fee, provides evidence of continued competency in 04 accordance with regulations adopted by the board, and provides evidence satisfactory 05 to the board that the licensee meets the requirements of either (b) or (c) of this section. 06 (b) A licensee shall provide with an application to renew the license evidence 07 satisfactory to the board demonstrating the licensee has completed, within two years 08 immediately preceding the application, 50 continuing education units provided by a 09 nationally recognized certifying organization for genetic counseling or medical 10 genetics that is approved by the board in regulation. 11 (c) A licensee may submit a written request to the board to waive or reduce 12 the continuing education requirements under (b) of this section or grant an extension 13 of time in which the continuing education requirements must be completed. The board 14 may grant the request if the licensee was unable to complete the continuing education 15 requirements because 16 (1) of an illness of the licensee or of a family member for whom the 17 licensee provides care; 18 (2) the licensee experienced another demonstrated hardship that 19 substantially interfered with the licensee's ability to complete the continuing education 20 requirements; or 21 (3) approved continuing education units were not reasonably available 22 to the licensee. 23 Sec. 08.53.150. Genetic counseling intern. (a) A person enrolled as a student 24 in a certification program in genetic counseling or medical genetics that is accredited 25 by a nationally recognized certifying organization for genetic counseling or medical 26 genetics and approved by the board in regulation may perform genetic counseling 27 services using the title of genetic counseling intern if the services 28 (1) performed are an integral part of the student's course of study; and 29 (2) are performed under the direct supervision of a licensed genetic 30 counselor who is assigned to supervise the student. 31 (b) In this section, "direct supervision" means supervision that is on-site or
01 available by visual or real-time electronic means through which a supervising licensed 02 genetic counselor guides the genetic counseling intern while the genetic counseling 03 intern performs a clinical activity; "direct supervision" may include demonstration, 04 coaching, and observation to the extent that the demonstration, coaching, or 05 observation otherwise meets the requirements of this subsection. 06 Article 2. Regulation of Genetic Counselors. 07 Sec. 08.53.160. Scope of practice of genetic counselors. A licensed genetic 08 counselor may 09 (1) obtain and evaluate individual, family, and medical histories to 10 determine genetic risk for medical conditions and diseases in a patient or client or a 11 patient's or client's family members, including future potential children of the patient 12 or client; 13 (2) discuss the features, natural history, means of diagnosis, genetic 14 and environmental factors, and management of risk for genetic or medical conditions 15 or diseases with a patient or client; 16 (3) identify, order, and coordinate genetic laboratory tests and other 17 diagnostic studies as appropriate for the genetic assessment of a patient or client; 18 (4) integrate genetic laboratory test results and other diagnostic studies 19 with a patient's or client's personal and family medical history to assess and 20 communicate risk factors for genetic or medical conditions and diseases; 21 (5) explain the results and clinical implications of genetic laboratory 22 tests and other diagnostic studies to a patient or client; 23 (6) evaluate a patient's or client's or the patient's or client's family's 24 responses to, risk of, or risk of the recurrence of a medical condition or disease, and 25 provide related counseling and anticipatory guidance centered on the patient or client; 26 (7) use and provide referrals for community and online resources for 27 medical, educational, financial, and psychosocial support and advocacy to patients, 28 clients, families, and health care professionals; and 29 (8) provide written clinical documentation of medical, genetic, and 30 counseling information to patients, clients, families, and health care professionals. 31 Sec. 08.53.170. Disciplinary sanctions. (a) In addition to the board's powers
01 under AS 08.01.075, the board may revoke or suspend the license of a genetic 02 counselor, or may reprimand, censure, or discipline a licensee, if, after a hearing, the 03 board finds that the licensee 04 (1) used or knowingly cooperated in deceit, fraud, or intentional 05 misrepresentation to obtain a license; 06 (2) engaged in unprofessional conduct in the course of providing 07 professional services; 08 (3) violated the code of ethics adopted by the board; 09 (4) violated any provision of this chapter, a regulation adopted under 10 this chapter, or an order issued by the board; or 11 (5) has been convicted of a felony or a crime that involves moral 12 turpitude. 13 (b) The board may reinstate a revoked license if the licensee applies for 14 reinstatement of the revoked license at least one year after the revocation and, after a 15 hearing, the board finds that the licensee is able to practice the profession with skill 16 and safety. 17 Article 3. Genetic Counseling Advisory Council. 18 Sec. 08.53.180. Genetic Counseling Advisory Council. (a) The board shall 19 establish the Genetic Counseling Advisory Council for the purpose of advising the 20 board on matters relating to administering this chapter. 21 (b) The council consists of at least three and not more than five members 22 appointed by the board. A majority membership of the council must be licensed 23 genetic counselors. The council must include at least one licensed physician. If the 24 council has five members, the council may include one public member. A public 25 member of the council may not 26 (1) be engaged in the occupation that the board regulates; 27 (2) be associated by legal contract with a member of the occupation 28 that the board regulates except as a consumer of the services provided by a practitioner 29 of the occupation; or 30 (3) have a direct financial interest in the occupation that the board 31 regulates.
01 (c) The council shall meet at least annually or as necessary to conduct 02 business. The council may meet at the call of the chair, by the written request of a 03 majority of the council members, or at the request of the board. 04 (d) At the first meeting of the council, and annually thereafter, the council 05 shall elect from its membership a chair, vice chair, and secretary. An officer shall 06 serve until a successor is elected. 07 (e) A majority of the members of the council constitute a quorum. 08 (f) Members of the council serve staggered terms of three years. A council 09 member may not be appointed for more than three consecutive full terms. If a vacancy 10 occurs, the board shall appoint a qualified person to fill the unexpired portion of the 11 term. The board may remove a council member if the council member 12 (1) during the term of service, no longer meets the qualifications 13 required for appointment to the council; 14 (2) fails to attend council meetings for a period of one year; 15 (3) is found by the board to be in violation of a provision of this 16 chapter. 17 (g) Members of the council are entitled to per diem and travel expenses 18 authorized for boards and commissions under AS 39.20.180. 19 Article 4. General Provisions. 20 Sec. 08.53.200. Application of Administrative Procedure Act. AS 44.62 21 (Administrative Procedure Act) applies to any action taken by the board under this 22 chapter. 23 Sec. 08.53.210. Exceptions to application of chapter. (a) This chapter does 24 not apply to a genetic counselor who is 25 (1) in the miliary service in the discharge of official duties; 26 (2) in the employ of the United States Public Health Service, United 27 States Department of Veterans Affairs, United States Indian Health Service, or another 28 agency of the federal government, in the discharge of official duties; 29 (3) licensed in another state or jurisdiction who is teaching or 30 demonstrating clinical techniques at a meeting, seminar, or limited course of 31 instruction sponsored by a genetic counseling society or association or by an
01 accredited genetic counseling or medical genetics educational institution; 02 (4) employed in the state by an Indian health program, as that term is 03 defined in 25 U.S.C. 1603, while providing genetic counseling services to a person the 04 Indian health program is entitled to serve under 25 U.S.C. 5301 - 5332 (Indian Self- 05 Determination and Education Assistance Act), as amended, and 25 U.S.C. 1601 et seq. 06 (Indian Health Care Improvement Act), as amended. 07 (b) A health care provider licensed in the state who is not a licensed genetic 08 counselor may provide genetic information, education, and support consistent with the 09 scope of the health care provider's practice, education, and training. 10 (c) A person excepted from this chapter under (a) of this section is held to the 11 same standard of care as a person covered by this chapter. 12 Sec. 08.53.220. Penalty. A person who violates a provision of this chapter or a 13 regulation adopted under this chapter for which a penalty is not otherwise provided is 14 guilty of a class B misdemeanor. 15 Sec. 08.53.230. Regulation of genetic counselors; powers of the board. (a) 16 In consultation with the Genetic Counseling Advisory Council established under 17 AS 08.53.180, the board shall adopt regulations necessary to carry out the purposes of 18 AS 08.53 regarding the licensure of genetic counselors and regulation of services a 19 genetic counselor may perform. The regulations must include the adoption of a code 20 of ethics for genetic counselors based on nationally recognized ethical standards for 21 genetic counselors. 22 (b) The board shall have the power to administer oaths, subpoena witnesses, 23 and compel the production of documents pertinent to carrying out duties imposed by 24 this chapter. 25 Sec. 08.53.300. Definitions. In this chapter, 26 (1) "board" means the State Medical Board; 27 (2) "licensed genetic counselor" means a genetic counselor licensed 28 under this chapter. 29 * Sec. 8. AS 08.64.101(a) is amended to read: 30 (a) The board shall 31 (1) except as provided in regulations adopted by the board under (b) of
01 this section, examine and issue licenses to applicants; 02 (2) develop written guidelines to ensure that licensing requirements are 03 not unreasonably burdensome and the issuance of licenses is not unreasonably 04 withheld or delayed; 05 (3) after a hearing, impose disciplinary sanctions on persons who 06 violate this chapter, AS 08.53, or the regulations or orders of the board; 07 (4) adopt regulations ensuring that renewal of licenses is contingent on 08 proof of continued competency on the part of the licensee; 09 (5) under regulations adopted by the board, contract with private 10 professional organizations to establish an impaired medical professionals program to 11 identify, confront, evaluate, and treat persons licensed under this chapter who abuse 12 alcohol, other drugs, or other substances or are mentally ill or cognitively impaired; 13 (6) adopt regulations that establish guidelines for a physician or 14 physician assistant who is rendering a diagnosis, providing treatment, or prescribing, 15 dispensing, or administering a prescription drug to a person without conducting a 16 physical examination under AS 08.64.364; the guidelines must include a nationally 17 recognized model policy for standards of care of a patient who is at a different location 18 than the physician or physician assistant; 19 (7) require that a licensee who has a federal Drug Enforcement 20 Administration registration number register with the controlled substance prescription 21 database under AS 17.30.200(n); and 22 (8) implement the Interstate Medical Licensure Compact under 23 AS 08.64.253 and the PA Licensure Compact under AS 08.64.254. 24 * Sec. 9. AS 08.64.103(a) is amended to read: 25 (a) After consulting with the board, the department shall employ two persons 26 who are not members of the board; one shall be assigned as the investigator for the 27 board; the other shall be assigned as the executive secretary for the board. The 28 investigator shall 29 (1) conduct investigations into alleged violations of this chapter, 30 alleged violations of AS 08.53, and into alleged violations of regulations and orders 31 of the board;
01 (2) at the request of the board, conduct investigations based on 02 complaints filed with the department or with the board; [AND] 03 (3) be directly responsible and accountable to the board, except that 04 only the department has authority to terminate the investigator's employment and the 05 department shall provide day-to-day [DAY TO DAY] and administrative supervision 06 of the investigator; and 07 (4) in consultation with the Genetic Counseling Advisory Council, 08 ensure that applicants for a license or renewal meet the applicable requirements 09 under AS 08.53 and established by the board. 10 * Sec. 10. AS 08.64.130(a) is amended to read: 11 (a) The board shall preserve a record of its proceedings, which must contain 12 the name, age, residence, and duration of residence of each applicant for a license 13 under this chapter, the time spent by the applicant in medical study, the place of 14 medical study, and the year and school from which degrees were granted. The record 15 must also show whether the applicant was granted a license or rejected. 16 * Sec. 11. AS 08.64.190 is amended by adding a new subsection to read: 17 (b) An applicant applying for an expedited license as a physician or osteopath 18 under AS 08.64.253 or a license as a physician assistant under AS 08.64.107 shall 19 submit, along with the application, the applicant's fingerprints and the fees required by 20 the Department of Public Safety under AS 12.62.160 for criminal justice information 21 and a national criminal history record check. The board shall forward the fingerprints 22 and fees to the Department of Public Safety to obtain a report of criminal justice 23 information under AS 12.62 and a national criminal history record check under 24 AS 12.62.400. Criminal justice information and criminal history record information 25 obtained under this subsection may only be used by the board for the purpose of 26 determining an applicant's qualifications and fitness for a license, expedited license, or 27 compact privilege under this chapter. 28 * Sec. 12. AS 08.64.200(a) is amended to read: 29 (a) Except for foreign medical graduates as specified in AS 08.64.225, each 30 physician applicant shall 31 (1) submit a certificate of graduation from a legally chartered medical
01 school accredited by the Association of American Medical Colleges and the Council 02 on Medical Education of the American Medical Association; 03 (2) submit a certificate from a recognized hospital or hospitals 04 certifying that the applicant has satisfactorily performed the duties of resident 05 physician or intern for a period of 06 (A) one year if the applicant graduated from medical school 07 before January 1, 1995, as evidenced by a certificate of completion of the first 08 year of postgraduate training from the facility where the applicant completed 09 the first year of internship or residency; and 10 (B) two years if the applicant graduated from medical school 11 on or after January 1, 1995, as evidenced by a certificate of completion of the 12 first year of postgraduate training from the facility where the applicant 13 completed the first year of internship or residency and a certificate of 14 successful completion of one additional year of postgraduate training at a 15 recognized hospital; 16 (3) submit a list of negotiated settlements or judgments in claims or 17 civil actions alleging medical malpractice against the applicant, including an 18 explanation of the basis for each claim or action; 19 (4) not have a license to practice medicine in another state, country, 20 province, or territory that is currently suspended or revoked for disciplinary reasons; 21 [AND] 22 (5) receive education in pain management and opioid use and 23 addiction, unless the applicant has demonstrated to the satisfaction of the board that 24 the applicant does not currently hold a valid federal Drug Enforcement Administration 25 registration number; an applicant may include past professional experience or 26 professional education as proof of professional competence; and 27 (6) submit the applicant's fingerprints and the fees required by the 28 Department of Public Safety under AS 12.62.160 for criminal justice information 29 and a national criminal history record check; the board shall forward the 30 fingerprints and fees to the Department of Public Safety for a report of criminal 31 justice information under AS 12.62 and a national criminal history record check
01 under AS 12.62.400. 02 * Sec. 13. AS 08.64.205 is amended to read: 03 Sec. 08.64.205. Qualifications for osteopath applicants. Each osteopath 04 applicant shall meet the qualifications prescribed in AS 08.64.200(a)(3) - (6) 05 [AS 08.64.200(a)(3) - (5)] and shall 06 (1) submit a certificate of graduation from the legally chartered school 07 of osteopathy approved by the board; 08 (2) submit a certificate from a hospital approved by the American 09 Medical Association or the American Osteopathic Association that certifies that the 10 osteopath has satisfactorily completed and performed the duties of intern or resident 11 physician for 12 (A) one year if the applicant graduated from a school of 13 osteopathy before January 1, 1995, as evidenced by a certificate of completion 14 of the first year of postgraduate training from the facility where the applicant 15 completed the first year of internship or residency; or 16 (B) two years if the applicant graduated from a school of 17 osteopathy on or after January 1, 1995, as evidenced by a certificate of 18 completion of the first year of postgraduate training from the facility where the 19 applicant completed the first year of internship or residency and a certificate of 20 successful completion of one additional year of postgraduate training at a 21 recognized hospital; 22 (3) take the examination required by AS 08.64.210 or be certified to 23 practice by the National Board of Examiners for Osteopathic Physicians and Surgeons 24 or by the National Board of Osteopathic Medical Examiners; 25 (4) receive education in pain management and opioid use and 26 addiction, unless the applicant has demonstrated to the satisfaction of the board that 27 the applicant does not currently hold a valid federal Drug Enforcement Administration 28 registration number; an applicant may include past professional experience or 29 professional education as proof of professional competence. 30 * Sec. 14. AS 08.64.209(a) is amended to read: 31 (a) Each applicant who desires to practice podiatry shall meet the
01 qualifications prescribed in AS 08.64.200(a)(3) - (6) [AS 08.64.200(a)(3) - (5)] and 02 shall 03 (1) submit a certificate of graduation from a legally chartered school of 04 podiatry approved by the board; 05 (2) take the examination required by AS 08.64.210; the board shall call 06 to its aid a podiatrist of known ability who is licensed to practice podiatry to assist in 07 the examination and licensure of applicants for a license to practice podiatry; 08 (3) receive education in pain management and opioid use and 09 addiction, unless the applicant has demonstrated to the satisfaction of the board that 10 the applicant does not currently hold a valid federal Drug Enforcement Administration 11 registration number; an applicant may include past professional experience or 12 professional education as proof of professional competence; 13 (4) meet other qualifications of experience or education that the board 14 may require. 15 * Sec. 15. AS 08.64.225(a) is amended to read: 16 (a) Applicants who are graduates of medical colleges not accredited by the 17 Association of American Medical Colleges and the Council on Medical Education of 18 the American Medical Association shall 19 (1) meet the requirements of AS 08.64.200(a)(3) - (6) 20 [AS 08.64.200(a)(3) - (5)] and 08.64.255; 21 (2) have successfully completed 22 (A) three years of postgraduate training as evidenced by a 23 certificate of completion of the first year of postgraduate training from the 24 facility where the applicant completed the first year of internship or residency 25 and a certificate of successful completion of two additional years of 26 postgraduate training at a recognized hospital; or 27 (B) other requirements establishing proof of competency and 28 professional qualifications as the board considers necessary to ensure the 29 continued protection of the public adopted at the discretion of the board by 30 regulation, including education in pain management and opioid use and 31 addiction, unless the applicant has demonstrated to the satisfaction of the board
01 that the applicant does not currently hold a valid federal Drug Enforcement 02 Administration registration number; an applicant may include past professional 03 experience or professional education as proof of professional competence; and 04 (3) have passed examinations as specified by the board in regulations. 05 * Sec. 16. AS 08.64 is amended by adding new sections to read: 06 Sec. 08.64.253. Interstate Medical Licensure Compact. The Interstate 07 Medical Licensure Compact as contained in this section is enacted into law and 08 entered into on behalf of the state with all other states and jurisdictions legally joining 09 it in a form substantially as follows: 10 SECTION 1. PURPOSE. 11 In order to strengthen access to health care, and in recognition of the advances 12 in the delivery of health care, the member states of the Interstate Medical Licensure 13 Compact have allied in common purpose to develop a comprehensive process that 14 complements the existing licensing and regulatory authority of state medical boards, 15 provides a streamlined process that allows physicians to become licensed in multiple 16 states, thereby enhancing the portability of a medical license and ensuring the safety of 17 patients. The Compact creates another pathway for licensure and does not otherwise 18 change a state's existing Medical Practice Act. The Compact also adopts the prevailing 19 standard for licensure and affirms that the practice of medicine occurs where the 20 patient is located at the time of the physician-patient encounter, and therefore, requires 21 the physician to be under the jurisdiction of the state medical board where the patient 22 is located. State medical boards that participate in the Compact retain the jurisdiction 23 to impose an adverse action against a license to practice medicine in that state issued 24 to a physician through the procedures in the Compact. 25 SECTION 2. DEFINITIONS. 26 In this compact, 27 (a) "Bylaws" means those bylaws established by the Interstate Commission 28 pursuant to Section 11. 29 (b) "Commissioner" means the voting representative appointed by each 30 member board pursuant to Section 11. 31 (c) "Conviction" means a finding by a court that an individual is guilty of a
01 criminal offense through adjudication, or entry of a plea of guilt or no contest to the 02 charge by the offender. Evidence of an entry of a conviction of a criminal offense by 03 the court shall be considered final for purposes of disciplinary action by a member 04 board. 05 (d) "Expedited License" means a full and unrestricted medical license granted 06 by a member state to an eligible physician through the process set forth in the 07 Compact. 08 (e) "Interstate Commission" means the interstate commission created pursuant 09 to Section 11. 10 (f) "License" means authorization by a member state for a physician to engage 11 in the practice of medicine, which would be unlawful without authorization. 12 (g) "Medical Practice Act" means laws and regulations governing the practice 13 of allopathic and osteopathic medicine within a member state. 14 (h) "Member Board" means a state agency in a member state that acts in the 15 sovereign interests of the state by protecting the public through licensure, regulation, 16 and education of physicians as directed by the state government. 17 (i) "Member State" means a state that has enacted the Compact. 18 (j) "Physician" means any person who 19 (1) is a graduate of a medical school accredited by the Liaison 20 Committee on Medical Education, the Commission on Osteopathic College 21 Accreditation, or a medical school listed in the International Medical Education 22 Directory or its equivalent; 23 (2) passed each component of the United States Medical Licensing 24 Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing 25 Examination (COMLEX-USA) within three attempts, or any of its predecessor 26 examinations accepted by a state medical board as an equivalent examination for 27 licensure purposes; 28 (3) successfully completed graduate medical education approved by 29 the Accreditation Council for Graduate Medical Education or the American 30 Osteopathic Association; 31 (4) holds specialty certification or a time-unlimited specialty certificate
01 recognized by the American Board of Medical Specialties or the American 02 Osteopathic Association's Bureau of Osteopathic Specialists; 03 (5) possesses a full and unrestricted license to engage in the practice of 04 medicine issued by a member board; 05 (6) has never been convicted, received adjudication, deferred 06 adjudication, community supervision, or deferred disposition for any offense by a 07 court of appropriate jurisdiction; 08 (7) has never held a license authorizing the practice of medicine 09 subjected to discipline by a licensing agency in any state, federal, or foreign 10 jurisdiction, excluding any action related to non-payment of fees related to a license; 11 (8) has never had a controlled substance license or permit suspended or 12 revoked by a state or the United States Drug Enforcement Administration; and 13 (9) is not under active investigation by a licensing agency or law 14 enforcement authority in any state, federal, or foreign jurisdiction. 15 (k) "Practice of Medicine" means that clinical prevention, diagnosis, or 16 treatment of human disease, injury, or condition requiring a physician to obtain and 17 maintain a license in compliance with the Medical Practice Act of a member state. 18 (l) "Offense" means a felony, gross misdemeanor, or crime of moral turpitude. 19 (m) "Rule" means a written statement by the Interstate Commission 20 promulgated pursuant to Section 12 of the Compact that is of general applicability, 21 implements, interprets, or prescribes a policy or provision of the Compact, or an 22 organizational, procedural, or practice requirement of the Interstate Commission, and 23 has the force and effect of statutory law in a member state, and includes the 24 amendment, repeal, or suspension of an existing rule. 25 (n) "State" means any state, commonwealth, district, or territory of the United 26 States. 27 (o) "State of Principal License" means a member state where a physician holds 28 a license to practice medicine and which has been designated as such by the physician 29 for purposes of registration and participation in the Compact. 30 SECTION 3. ELIGIBILITY. 31 (a) A physician must meet the eligibility requirements as defined in Section
01 2(j) to receive an expedited license under the terms and provisions of the Compact. 02 (b) A physician who does not meet the requirements of Section 2(j) may 03 obtain a license to practice medicine in a member state if the individual complies with 04 all laws and requirements, other than the Compact, relating to the issuance of a license 05 to practice medicine in that state. 06 SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE. 07 (a) A physician shall designate a member state as the state of principal license 08 for purposes of registration for expedited licensure through the Compact if the 09 physician possesses a full and unrestricted license to practice medicine in that state, 10 and the state is 11 (1) The state of principal residence for the physician; 12 (2) The state where at least 25 percent of the practice of medicine 13 occurs; 14 (3) The location of the physician's employer; or 15 (4) If no state qualifies under subsection (1), subsection (2), or 16 subsection (3), the state designated as state of residence for purpose of federal income 17 tax. 18 (b) A physician may redesignate a member state as state of principal license at 19 any time, as long as the state meets the requirements of subsection (a). 20 (c) The Interstate Commission is authorized to develop rules to facilitate 21 redesignation of another member state as the state of principal license. 22 SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE. 23 (a) A physician seeking licensure through the Compact shall file an 24 application for an expedited license with the member board of the state selected by the 25 physician as the state of principal license. 26 (b) Upon receipt of an application for an expedited license, the member board 27 within the state selected as the state of principal license shall evaluate whether the 28 physician is eligible for expedited licensure and issue a letter of qualification, 29 verifying or denying the physician's eligibility, to the Interstate Commission. 30 (1) Static qualifications, which include verification of medical 31 education, graduate medical education, results of any medical or licensing
01 examination, and other qualifications as determined by the Interstate Commission 02 through rule, shall not be subject to additional primary source verification where 03 already primary source verified by the state of principal license. 04 (2) The member board within the state selected as the state of principal 05 license shall, in the course of verifying eligibility, perform a criminal background 06 check of an applicant, including the use of the results of fingerprint or other biometric 07 data checks compliant with the requirements of the Federal Bureau of Investigation, 08 with the exception of federal employees who have suitability determination in 09 accordance with 5 C.F.R. 731.202. 10 (3) Appeal on the determination of eligibility shall be made to the 11 member state where the application was filed and shall be subject to the law of that 12 state. 13 (c) Upon verification in subsection (b), physicians eligible for an expedited 14 license shall complete the registration process established by the Interstate 15 Commission to receive a license in a member state selected pursuant to subsection (a), 16 including the payment of any applicable fees. 17 (d) After receiving verification of eligibility under subsection (b) and any fees 18 under subsection (c), a member board shall issue an expedited license to the physician. 19 This license shall authorize the physician to practice medicine in the issuing state 20 consistent with the Medical Practice Act and all applicable laws and regulations of the 21 issuing member board and member state. 22 (e) An expedited license shall be valid for a period consistent with the 23 licensure period in the member state and in the same manner as required for other 24 physicians holding a full and unrestricted license within the member state. 25 (f) An expedited license obtained through the Compact shall be terminated if a 26 physician fails to maintain a license in the state of principal licensure for a non- 27 disciplinary reason, without redesignation of a new state of principal licensure. 28 (g) The Interstate Commission is authorized to develop rules regarding the 29 application process, including payment of any applicable fees, and the issuance of an 30 expedited license. 31 SECTION 6. FEES FOR EXPEDITED LICENSURE.
01 (a) A member state issuing an expedited license authorizing the practice of 02 medicine in that state may impose a fee for a license issued or renewed through the 03 Compact. 04 (b) The Interstate Commission is authorized to develop rules regarding fees 05 for expedited licenses. 06 SECTION 7. RENEWAL AND CONTINUED PARTICIPATION. 07 (a) A physician seeking to renew an expedited license granted in a member 08 state shall complete a renewal process with the Interstate Commission if the physician 09 (1) Maintains a full and unrestricted license in a state of principal 10 license; 11 (2) Has not been convicted, received adjudication, deferred 12 adjudication, community supervision, or deferred disposition for any offense by a 13 court of appropriate jurisdiction; 14 (3) Has not had a license authorizing the practice of medicine subject 15 to discipline by a licensing agency in any state, federal, or foreign jurisdiction, 16 excluding any action related to non-payment of fees related to a license; and 17 (4) Has not had a controlled substance license or permit suspended or 18 revoked by a state or the United States Drug Enforcement Administration. 19 (b) Physicians shall comply with all continuing professional development or 20 continuing medical education requirements for renewal of a license issued by a 21 member state. 22 (c) The Interstate Commission shall collect any renewal fees charged for the 23 renewal of a license and distribute the fees to the applicable member board. 24 (d) Upon receipt of any renewal fees collected in subsection (c), a member 25 board shall renew the physician's license. 26 (e) Physician information collected by the Interstate Commission during the 27 renewal process will be distributed to all member boards. 28 (f) The Interstate Commission is authorized to develop rules to address 29 renewal of licenses obtained through the Compact. 30 SECTION 8. COORDINATED INFORMATION SYSTEM. 31 (a) The Interstate Commission shall establish a database of all physicians
01 licensed, or who have applied for licensure, under Section 5. 02 (b) Notwithstanding any other provision of law, member boards shall report to 03 the Interstate Commission any public action or complaints against a licensed physician 04 who has applied or received an expedited license through the Compact. 05 (c) Member boards shall report disciplinary or investigatory information 06 determined as necessary and proper by rule of the Interstate Commission. 07 (d) Member boards may report any non-public complaint, disciplinary, or 08 investigatory information not required by subsection (c) to the Interstate Commission. 09 (e) Member boards shall share complaint or disciplinary information about a 10 physician upon request of another member board. 11 (f) All information provided to the Interstate Commission or distributed by 12 member boards shall be confidential, filed under seal, and used only for investigatory 13 or disciplinary matters. 14 (g) The Interstate Commission is authorized to develop rules for mandated or 15 discretionary sharing of information by member boards. 16 SECTION 9. JOINT INVESTIGATIONS. 17 (a) Licensure and disciplinary records of physicians are deemed investigative. 18 (b) In addition to the authority granted to a member board by its respective 19 Medical Practice Act or other applicable state law, a member board may participate 20 with other member boards in joint investigations of physicians licensed by the member 21 boards. 22 (c) A subpoena issued by a member state shall be enforceable in other member 23 states. 24 (d) Member boards may share any investigative, litigation, or compliance 25 materials in furtherance of any joint or individual investigation initiate under the 26 Compact. 27 (e) Any member state may investigate actual or alleged violations of the 28 statutes authorizing the practice of medicine in any other member state in which a 29 physician holds a license to practice medicine. 30 SECTION 10. DISCIPLINARY ACTIONS. 31 (a) Any disciplinary action taken by any member board against a physician
01 licensed through the Compact shall be deemed unprofessional conduct which may be 02 subject to discipline by other member boards, in addition to any violation of the 03 Medical Practice Act or regulations in that state. 04 (b) If a license granted to a physician by the member board in the state of 05 principal license is revoked, surrendered or relinquished in lieu of discipline, or 06 suspended, then all licenses issued to the physician by member boards shall 07 automatically be placed, without further action necessary by any member board, on 08 the same status. If the member board in the state of principal license subsequently 09 reinstates the physician's license, a license issued to the physician by any other 10 member board shall remain encumbered until that respective member board takes 11 action to reinstate the license in a manner consistent with the Medical Practice Act of 12 that state. 13 (c) If disciplinary action is taken against a physician by a member board not in 14 the state of principal license, any other member board may deem the action conclusive 15 as to matter of law and fact decided, and 16 (1) Impose the same or lesser sanctions against the physician so long 17 as such sanctions are consistent with the Medical Practice Act of that state; or 18 (2) Pursue separate disciplinary action against the physician under its 19 respective Medical Practice Act, regardless of the action taken in other member states. 20 (d) If a license granted to a physician by a member board is revoked, 21 surrendered or relinquished in lieu of discipline, or suspended, then any licenses 22 issued to the physician by any other member boards shall be suspended, automatically 23 and immediately without further action necessary by the other member boards, for 24 ninety (90) days upon entry of the order by the disciplining board, to permit the 25 member boards to investigate the basis for the action under the Medical Practice Act 26 of that state. A member board may terminate the automatic suspension of the license it 27 issued prior to the completion of the ninety (90) day suspension period in a manner 28 consistent with the Medical Practice Act of that state. 29 SECTION 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION. 30 (a) The member states hereby create the "Interstate Medical Licensure 31 Compact Commission."
01 (b) The purpose of the Interstate Commission is the administration of the 02 Interstate Medical Licensure Compact, which is a discretionary state function. 03 (c) The Interstate Commission shall be a body corporate and joint agency of 04 the member states and shall have all the responsibilities, powers, and duties set forth in 05 the Compact, and such additional powers as may be conferred upon it by a subsequent 06 concurrent action of the respective legislatures of the member states in accordance 07 with the terms of the Compact. 08 (d) The Interstate Commission shall consist of two voting representatives 09 appointed by each member state who shall serve as Commissioners. In states where 10 allopathic and osteopathic physicians are regulated by separate member boards, or if 11 the licensing and disciplinary authority is split between separate member boards, or if 12 the licensing and disciplinary authority is split between multiple member boards 13 within a member state, the member state shall appoint one representative from each 14 member board. A Commissioner shall be 15 (1) An allopathic or osteopathic physician appointed to a member 16 board; 17 (2) An executive director, executive secretary, or similar executive of a 18 member board; or 19 (3) A member of the public appointed to a member board. 20 (e) The Interstate Commission shall meet at least once each calendar year. A 21 portion of this meeting shall be a business meeting to address such matters as may 22 properly come before the Commission, including the election of officers. The 23 chairperson may call additional meetings and shall call for a meeting upon the request 24 of a majority of the member states. 25 (f) The bylaws may provide for meetings of the Interstate Commission to be 26 conducted by telecommunication or electronic communication. 27 (g) Each Commissioner participating at a meeting of the Interstate 28 Commission is entitled to one vote. A majority of Commissioners shall constitute a 29 quorum for the transaction of business, unless a larger quorum is required by the 30 bylaws of the Interstate Commission. A Commissioner shall not delegate a vote to 31 another Commissioner. In the absence of its Commissioner, a member state may
01 delegate voting authority for a specified meeting to another person from that state who 02 shall meet the requirements of subsection (d). 03 (h) The Interstate Commission shall provide public notice of all meetings and 04 all meetings shall be open to the public. The Interstate Commission may close a 05 meeting, in full or in portion, where it determines by a two-thirds vote of the 06 Commissioners present that an open meeting would be likely to 07 (1) Relate solely to the internal personnel practice and procedures of 08 the Interstate Commission; 09 (2) Discuss matters specifically exempted from disclosure by federal 10 statute; 11 (3) Discuss trade secrets, commercial, or financial information that is 12 privileged or confidential; 13 (4) Involve accusing a person of a crime, or formally censuring a 14 person; 15 (5) Discuss information of a personal nature where disclosure would 16 constitute a clearly unwarranted invasion of personal privacy; 17 (6) Discuss investigative records compiled for law enforcement 18 purposes; or 19 (7) Specifically relate to the participation in a civil action or other legal 20 proceeding. 21 (i) The Interstate Commission shall keep minutes which shall fully describe all 22 matters discussed in a meeting and shall provide a full and accurate summary of 23 actions taken, including record of any roll call votes. 24 (j) The Interstate Commission shall make its information and official records, 25 to the extent not otherwise designated in the Compact or by its rules, available to the 26 public for inspection. 27 (k) The Interstate Commission shall establish an executive committee, which 28 shall include officers, members, and others as determined by the bylaws. The 29 executive committee shall have the power to act on behalf of the Interstate 30 Commission, with the exception of rulemaking, during periods when the Interstate 31 Commission is not in session. When acting on behalf of the Interstate Commission,
01 the executive committee shall oversee the administration of the Compact including 02 enforcement and compliance with the provisions of the Compact, its bylaws and rules, 03 and other such duties as necessary. 04 (l) The Interstate Commission shall establish other committees for governance 05 and administration of the Compact. 06 SECTION 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION. 07 (a) Oversee and maintain the administration of the Compact; 08 (b) Promulgate rules which shall be binding to the extent and in the manner 09 provided for in the Compact; 10 (c) Issue, upon the request of a member state or member board, advisory 11 opinions concerning the meaning or interpretation of the Compact, its bylaws, rules, 12 and actions; 13 (d) Enforce compliance with Compact provisions, the rules promulgated by 14 the Interstate Commission, and the bylaws, using all necessary and proper means, 15 including but not limited to the use of judicial process; 16 (e) Establish and appoint committees including, but not limited to, an 17 executive committee as required by Section 11, which shall have the power to act on 18 behalf of the Interstate Commission in carrying out its powers and duties; 19 (f) Pay, or provide for the payment of the expenses related to the 20 establishment, organization, and ongoing activities of the Interstate Commission; 21 (g) Establish and maintain one or more offices; 22 (h) Borrow, accept, hire, or contract for services of personnel; 23 (i) Purchase and maintain insurance and bonds; 24 (j) Employ an executive director who shall have such powers to employ, select 25 or appoint employees, agents, or consultants, and to determine their qualifications, 26 define their duties, and fix their compensation; 27 (k) Establish personnel policies and programs relating to conflicts of interest, 28 rates of compensation, and qualifications of personnel; 29 (l) Accept donations and grants of money, equipment, supplies, materials, and 30 services and to receive, utilize, and dispose of it in a manner consistent with the 31 conflict of interest policies established by the Interstate Commission;
01 (m) Lease, purchase, accept contributions or donations of, or otherwise to 02 own, hold, improve or use, any property, real, personal, or mixed; 03 (n) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 04 dispose of any property, real, personal, or mixed; 05 (o) Establish a budget and make expenditures; 06 (p) Adopt a seal and bylaws governing the management and operation of the 07 Interstate Commission; 08 (q) Report annually to the legislatures and governors of the member states 09 concerning the activities of the Interstate Commission during the preceding year. Such 10 reports shall also include reports of financial audits and any recommendations that 11 may have been adopted by the Interstate Commission; 12 (r) Coordinate education, training, and public awareness regarding the 13 Compact, its implementation, and its operation; 14 (s) Maintain records in accordance with the bylaws; 15 (t) Seek and obtain trademarks, copyrights, and patents; and 16 (u) Perform such functions as may be necessary or appropriate to achieve the 17 purpose of the Compact. 18 SECTION 13. FINANCE POWERS. 19 (a) The Interstate Commission may levy on and collect an annual assessment 20 from each member state to cover the cost of the operations and activities of the 21 Interstate Commission and its staff. The total assessment must be sufficient to cover 22 the annual budget approved each year for which revenue is not provided by other 23 sources. The aggregate annual assessment amount shall be allocated upon a formula to 24 be determined by the Interstate Commission, which shall promulgate a rule binding 25 upon all member states. 26 (b) The Interstate Commission shall not incur obligations of any kind prior to 27 securing the funds adequate to meet the same. 28 (c) The Interstate Commission shall not pledge the credit of any of the 29 member states, except by, and with the authority of, the member state. 30 (d) The Interstate Commission shall be subject to a yearly financial audit 31 conducted by a certified or licensed accountant and the report of the audit shall be
01 included in the annual report of the Interstate Commission. 02 SECTION 14. ORGANIZATION AND OPERATION OF THE INTERSTATE 03 COMMISSION. 04 (a) The Interstate Commission shall, by a majority of Commissioners present 05 and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to 06 carry out the purposes of the Compact within twelve (12) months of the first Interstate 07 Commission meeting. 08 (b) The Interstate Commission shall elect or appoint annually from among its 09 Commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall 10 have such authority and duties as may be specified in the bylaws. The chairperson, or 11 in the chairperson's absence or disability, the vice-chairperson, shall preside at all 12 meetings of the Interstate Commission. 13 (c) Officers selected in subsection (b) shall serve without remuneration for the 14 Interstate Commission. 15 (d) The officers and employees of the Interstate Commission shall be immune 16 from suit and liability, either personally or in their official capacity, for a claim for 17 damage to or loss of property or personal injury or other civil liability caused or 18 arising out of, or relating to, an actual or alleged act, error, or omission that occurred, 19 or that such person had a reasonable basis for believing occurred, within the scope of 20 Interstate Commission employment, duties, or responsibilities; provided that such 21 person shall not be protected from suit or liability for damage, loss, injury, or liability 22 caused by the intentional or willful and wanton misconduct of such person. 23 (e) The liability of the executive director and employees of the Interstate 24 Commission or representatives of the Interstate Commission, acting within the scope 25 of such person's employment or duties for acts, errors, or omissions occurring within 26 such person's state, may not exceed the limits of liability set forth under the 27 constitution and laws of that state for state officials, employees, and agents. The 28 Interstate Commission is considered to be an instrumentality of the states for the 29 purpose of any such action. Nothing in this subsection shall be construed to protect 30 such person from suit or liability for damage, loss, injury, or liability caused by the 31 intentional or willful and wanton misconduct of such person.
01 (f) The Interstate Commission shall defend the executive director, its 02 employees, and subject to the approval of the attorney general or other appropriate 03 legal counsel of the member state represented by an Interstate Commission 04 representative, shall defend such Interstate Commission representative in any civil 05 action seeking to impose liability arising out of an actual or alleged act, error or 06 omission that occurred within the scope of Interstate Commission employment, duties 07 or responsibilities, or that the defendant had a reasonable basis for believing occurred 08 within the scope of Interstate Commission employment, duties, or responsibilities, 09 provided that the actual or alleged act, error, or omission did not result from 10 intentional or willful and wanton misconduct on the part of such person. 11 (g) To the extent not covered by the state involved, member state, or the 12 Interstate Commission, the representatives or employees of the Interstate Commission 13 shall be held harmless in the amount of a settlement or judgement, including attorney's 14 fees and costs, obtained against such persons arising out of an actual or alleged act, 15 error, or omission that occurred within the scope of the Interstate Commission 16 employment, duties, or responsibilities, or that such persons had a reasonable basis for 17 believing occurred within the scope of Interstate Commission employment, duties, or 18 responsibilities, provided that the actual or alleged act, error, or omission did not result 19 from intentional or willful and wanton misconduct on the part of such person. 20 SECTION 15. RULEMAKING FUNCTIONS OF THE INTERSTATE 21 COMMISSION. 22 (a) The Interstate Commission shall promulgate reasonable rules in order to 23 effectively and efficiently achieve the purpose of the Compact. Notwithstanding the 24 foregoing, in the event the Interstate Commission exercises its rulemaking authority in 25 a manner that is beyond the scope of the purposes of the Compact, or the powers 26 granted hereunder, then such an action by the Interstate Commission shall be invalid 27 and have no force or effect. 28 (b) Rules deemed appropriate for the operations of the Interstate Commission 29 shall be made pursuant to a rulemaking process that substantially conforms to the 30 "Model State Administrative Procedure Act" of 2010, and subsequent amendments 31 thereto.
01 (c) Not later than thirty (30) days after a rule is promulgated, any person may 02 file a petition for judicial review of the rule in the United States District Court for the 03 District of Columbia or the federal district where the Interstate Commission has its 04 principal offices, provided that the filing of such a petition shall not stay or otherwise 05 prevent the rule from becoming effective unless the court finds that the petitioner has a 06 substantial likelihood of success. The court shall give deference to the actions of the 07 Interstate Commission consistent with applicable law and shall not find the rule to be 08 unlawful if the rule represents a reasonable exercise of the authority granted to the 09 Interstate Commission. 10 SECTION 16. OVERSIGHT OF INTERSTATE COMPACT. 11 (a) The executive, legislative, and judicial branches of state government in 12 each member state shall enforce the Compact and shall take all actions necessary and 13 appropriate to effectuate the Compact's purposes and intent. The provisions of the 14 Compact and the rules promulgated hereunder shall have standing as statutory law but 15 shall not override existing state authority to regulate the practice of medicine. 16 (b) All courts shall take judicial notice of the Compact and the rules in any 17 judicial or administrative proceeding in a member state pertaining to the subject matter 18 of the Compact which may affect the powers, responsibilities or actions of the 19 Interstate Commission. 20 (c) The Interstate Commission shall be entitled to receive all services of 21 process in any such proceeding, and shall have standing to intervene in the proceeding 22 for all purposes. Failure to provide service of process to the Interstate Commission 23 shall render a judgment or order void as to the Interstate Commission, the Compact, or 24 promulgated rules. 25 SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT. 26 (a) The Interstate Commission, in the reasonable exercise of its discretion, 27 shall enforce the provisions and rules of the Compact. 28 (b) The Interstate Commission may, by majority vote of the Commissioners, 29 initiate legal action in the United States Court for the District of Columbia, or, at the 30 discretion of the Interstate Commission, in the federal district where the Interstate 31 Commission has its principal offices, to enforce compliance with the provisions of the
01 Compact, and its promulgated rules and bylaws, against a member state in default. The 02 relief sought may including both injunctive relief and damages. In the event judicial 03 enforcement is necessary, the prevailing party shall be awarded all costs of such 04 litigation including reasonable attorney's fees. 05 (c) The remedies herein shall not be the exclusive remedies of the Interstate 06 Commission. The Interstate Commission may avail itself of any other remedies 07 available under state law or regulation of a profession. 08 SECTION 18. DEFAULT PROCEDURES. 09 (a) The grounds for default include, but are not limited to, failure of a member 10 state to perform such obligations or responsibilities imposed upon it by the Compact, 11 or the rules and bylaws of the Interstate Commission promulgated under the Compact. 12 (b) If the Interstate Commission determines that a member state has defaulted 13 in the performance of its obligations or responsibilities under the Compact, or the 14 bylaws or promulgated rules, the Interstate Commission shall 15 (1) provide written notice to the defaulting state and other member 16 states, of the nature of the default, the means of curing the default, and any action 17 taken by the Interstate Commission; the Interstate Commission shall specify the 18 conditions by which the defaulting state must cure its default; and 19 (2) provide remedial training and specific technical assistance 20 regarding the default. 21 (c) If the defaulting state fails to cure the default, the defaulting state shall be 22 terminated from the Compact upon an affirmative vote of a majority of the 23 Commissioners and all rights, privileges, and benefits conferred by the Compact shall 24 terminate on the effective date of termination. A cure of the default does not relieve 25 the offending state of obligations or liabilities incurred during the period of the 26 default. 27 (d) Termination of membership in the Compact shall be imposed only after all 28 other means of securing compliance have been exhausted. Notice of intent to terminate 29 shall be given by the Interstate Commission to the governor, the majority and minority 30 leaders of the defaulting state's legislature, and each of the member states. 31 (e) The Interstate Commission shall establish rules and procedures to address
01 licenses and physicians that are materially impacted by the termination of a member 02 state, or the withdrawal of a member state. 03 (f) The member state which has been terminated is responsible for all due, 04 obligations, and liabilities incurred through the effective date of termination including 05 obligations, the performance of which extends beyond the effective date of 06 termination. 07 (g) The Interstate Commission shall not bear any costs relating to any state 08 that has been found to be in default or which has been terminated from the Compact, 09 unless otherwise mutually agreed upon in writing between the Interstate Commission 10 and the defaulting state. 11 (h) The defaulting state may appeal the action of the Interstate Commission by 12 petitioning the United States District Court for the District of Columbia or the federal 13 district where the Interstate Commission has its principal offices. The prevailing party 14 shall be awarded all costs of such litigation including reasonable attorney's fees. 15 SECTION 19. DISPUTE RESOLUTION. 16 (a) The Interstate Commission shall attempt, upon the request of a member 17 state, to resolve disputes which are subject to the Compact and which may arise 18 among member states or member boards. 19 (b) The Interstate Commission shall promulgate rules providing for both 20 mediation and binding dispute resolution as appropriate. 21 SECTION 20. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT. 22 (a) Any state is eligible to become a member of the Compact. 23 (b) The Compact shall become effective and binding upon legislative 24 enactment of the Compact into law by no less than seven (7) states. Thereafter, it shall 25 become effective and binding on a state upon enactment of the Compact into law by 26 that state. 27 (c) The governors of non-member states, or their designees, shall be invited to 28 participate in the activities of the Interstate Commission on a non-voting basis prior to 29 adoption of the Compact by all states. 30 (d) The Interstate Commission may propose amendments to the Compact for 31 enactment by the member states. No amendment shall become effective and binding
01 upon the Interstate Commission and the member states unless and until it is enacted 02 into law by unanimous consent of the member states. 03 SECTION 21. WITHDRAWAL. 04 (a) Once effective, the Compact shall continue in force and remain binding 05 upon each and every member state; provided that a member state may withdraw from 06 the Compact by specifically repealing the statute which enacted the Compact into law. 07 (b) Withdrawal from the Compact shall be by the enactment of a statute 08 repealing the same, but shall not take effect until one (1) year after the effective date 09 of such statute and until written notice of the withdrawal has been given by the 10 withdrawing state to the governor of each other member state. 11 (c) The withdrawing state shall immediately notify the chairperson of the 12 Interstate Commission in writing upon the introduction of legislation repealing the 13 Compact in the withdrawing state. 14 (d) The Interstate Commission shall notify the other member states of the 15 withdrawing state's intent to withdraw within sixty (60) days of its receipt of notice 16 provided under subsection (c). 17 (e) The withdrawing state is responsible for all dues, obligations and liabilities 18 incurred through the effective date of withdrawal, including obligations, the 19 performance of which extend beyond the effective date of withdrawal. 20 (f) Reinstatement following withdrawal of a member state shall occur upon 21 the withdrawing date reenacting the Compact or upon such later date as determined by 22 the Interstate Commission. 23 (g) The Interstate Commission is authorized to develop rules to address the 24 impact of the withdrawal of a member state on licenses granted in other member states 25 to physicians who designated the withdrawing member state as the state of principal 26 license. 27 SECTION 22. DISSOLUTION. 28 (a) The Compact shall dissolve effective upon the date of the withdrawal or 29 default of the member state which reduces the membership of the Compact to one (1) 30 member state. 31 (b) Upon the dissolution of the Compact, the Compact becomes null and void
01 and shall be of no further force or effect, and the business and affairs of the Interstate 02 Commission shall be concluded, and surplus funds shall be distributed in accordance 03 with the bylaws. 04 SECTION 23. SEVERABILITY AND CONSTRUCTION. 05 (a) The provisions of the Compact shall be severable, and if any phrase, 06 clause, sentence, or provision is deemed unenforceable, the remaining provisions of 07 the Compact shall be enforceable. 08 (b) The provisions of the Compact shall be liberally construed to effectuate its 09 purposes. 10 (c) Nothing in the Compact shall be construed to prohibit the applicability of 11 other interstate compacts to which the member states are members. 12 SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS. 13 (a) Nothing herein prevents the enforcement of any other law of a member 14 state that is not inconsistent with the Compact. 15 (b) All laws in a member state in conflict with the Compact are superseded to 16 the extent of the conflict. 17 (c) All lawful actions of the Interstate Commission, including all rules and 18 bylaws promulgated by the Commission, are binding upon the member states. 19 (d) All agreements between the Interstate Commission and the member states 20 are binding in accordance with their terms. 21 (e) In the event any provision of the Compact exceeds the constitutional limits 22 imposed on the legislature of any member state, such provision shall be ineffective to 23 the extent of the conflict with the constitutional provision in question in that member 24 state. 25 Sec. 08.64.254. PA Licensure Compact. The PA licensure compact as 26 contained in this section is enacted into law and entered into on behalf of the state with 27 all other states and jurisdictions legally joining it in a form substantially as follows: 28 SECTION 1. PURPOSE. 29 In order to strengthen access to Medical Services, and in recognition of the 30 advances in the delivery of Medical Services, the Participating States of the PA 31 Licensure Compact have allied in common purpose to develop a comprehensive
01 process that complements the existing authority of State Licensing Boards to license 02 and discipline PAs and seeks to enhance the portability of a License to practice as a 03 PA while safeguarding the safety of patients. This Compact allows Medical Services 04 to be provided by PAs, via the mutual recognition of the Licensee's Qualifying 05 License by other Compact Participating States. This Compact also adopts the 06 prevailing standard for PA licensure and affirms that the practice and delivery of 07 Medical Services by the PA occurs where the patient is located at the time of the 08 patient encounter, and therefore requires the PA to be under the jurisdiction of the 09 State Licensing Board where the patient is located. State Licensing Boards that 10 participate in this Compact retain the jurisdiction to impose Adverse Action against a 11 Compact Privilege in that State issued to a PA through the procedures of this 12 Compact. The PA Licensure Compact will alleviate burdens for military families by 13 allowing active duty military personnel and their spouses to obtain a Compact 14 Privilege based on having an unrestricted License in good standing from a 15 Participating State. 16 SECTION 2. DEFINITIONS. 17 In this Compact: 18 (A) "Adverse Action" means any administrative, civil, equitable, or criminal 19 action permitted by a State's laws which is imposed by a Licensing Board or other 20 authority against a PA License or License application or Compact Privilege such as 21 License denial, censure, revocation, suspension, probation, monitoring of the 22 Licensee, or restriction on the Licensee's practice. 23 (B) "Compact Privilege" means the authorization granted by a Remote State to 24 allow a Licensee from another Participating State to practice as a PA to provide 25 Medical Services and other licensed activity to a patient located in the Remote State 26 under the Remote State's laws and regulations. 27 (C) "Conviction" means a finding by a court that an individual is guilty of a 28 felony or misdemeanor offense through adjudication or entry of a plea of guilty or no 29 contest to the charge by the offender. 30 (D) "Criminal Background Check" means the submission of fingerprints or 31 other biometric-based information for a License applicant for the purpose of obtaining
01 that applicant's criminal history record information, as defined in 28 C.F.R. 20.3(d), 02 from the State's criminal history record repository as defined in 28 C.F.R. 20.3(f). 03 (E) "Data System" means the repository of information about Licensees, 04 including but not limited to License status and Adverse Actions, which is created and 05 administered under the terms of this Compact. 06 (F) "Executive Committee" means a group of directors and ex-officio 07 individuals elected or appointed pursuant to Section 7(F)(2). 08 (G) "Impaired Practitioner" means a PA whose practice is adversely affected 09 by health-related condition(s) that impact their ability to practice. 10 (H) "Investigative Information" means information, records, or documents 11 received or generated by a Licensing Board pursuant to an investigation. 12 (I) "Jurisprudence Requirement" means the assessment of an individual's 13 knowledge of the laws and Rules governing the practice of a PA in a State. 14 (J) "License" means current authorization by a State, other than authorization 15 pursuant to a Compact Privilege, for a PA to provide Medical Services, which would 16 be unlawful without current authorization. 17 (K) "Licensee" means an individual who holds a License from a State to 18 provide Medical Services as a PA. 19 (L) "Licensing Board" means any State entity authorized to license and 20 otherwise regulate PAs. 21 (M) "Medical Services" means health care services provided for the diagnosis, 22 prevention, treatment, cure or relief of a health condition, injury, or disease, as defined 23 by a State's laws and regulations. 24 (N) "Model Compact" means the model for the PA Licensure Compact on file 25 with The Council of State Governments or other entity as designated by the 26 Commission. 27 (O) "Participating State" means a State that has enacted this Compact. 28 (P) "PA" means an individual who is licensed as a physician assistant in a 29 State. For purposes of this Compact, any other title or status adopted by a State to 30 replace the term "physician assistant" shall be deemed synonymous with "physician 31 assistant" and shall confer the same rights and responsibilities to the Licensee under
01 the provisions of this Compact at the time of its enactment. 02 (Q) "PA Licensure Compact Commission," "Compact Commission," or 03 "Commission" mean the national administrative body created pursuant to Section 7(A) 04 of this Compact. 05 (R) "Qualifying License" means an unrestricted License issued by a 06 Participating State to provide Medical Services as a PA. 07 (S) "Remote State" means a Participating State where a Licensee who is not 08 licensed as a PA is exercising or seeking to exercise the Compact Privilege. 09 (T) "Rule" means a regulation promulgated by an entity that has the force and 10 effect of law. 11 (U) "Significant Investigative Information" means Investigative Information 12 that a Licensing Board, after an inquiry or investigation that includes notification and 13 an opportunity for the PA to respond if required by State law, has reason to believe is 14 not groundless and, if proven true, would indicate more than a minor infraction. 15 (V) "State" means any state, commonwealth, district, or territory of the United 16 States. 17 SECTION 3. STATE PARTICIPATION IN THIS COMPACT. 18 (A) To participate in this Compact, a Participating State shall: 19 (1) License PAs. 20 (2) Participate in the Compact Commission's Data System. 21 (3) Have a mechanism in place for receiving and investigating 22 complaints against Licensees and License applicants. 23 (4) Notify the Commission, in compliance with the terms of this 24 Compact and Commission Rules, of any Adverse Action against a Licensee or License 25 applicant and the existence of Significant Investigative Information regarding a 26 Licensee or License applicant. 27 (5) Fully implement a Criminal Background Check requirement, 28 within a time frame established by Commission Rule, by its Licensing Board receiving 29 the results of a Criminal Background Check and reporting to the Commission whether 30 the License applicant has been granted a License. 31 (6) Comply with the Rules of the Compact Commission.
01 (7) Utilize passage of a recognized national exam such as the NCCPA 02 PANCE as a requirement for PA licensure. 03 (8) Grant the Compact Privilege to a holder of a Qualifying License in 04 a Participating State. 05 (B) Nothing in this Compact prohibits a Participating State from charging a 06 fee for granting the Compact Privilege. 07 SECTION 4. COMPACT PRIVILEGE. 08 (A) To exercise the Compact Privilege, a Licensee must: 09 (1) Have graduated from a PA program accredited by the Accreditation 10 Review Commission on Education for the Physician Assistant, Inc. or other programs 11 authorized by Commission Rule. 12 (2) Hold current NCCPA certification. 13 (3) Have no felony or misdemeanor Conviction. 14 (4) Have never had a controlled substance license, permit, or 15 registration suspended or revoked by a State or by the United States Drug 16 Enforcement Administration. 17 (5) Have a unique identifier as determined by Commission Rule. 18 (6) Hold a Qualifying License. 19 (7) Have had no revocation of a License or limitation or restriction on 20 any License currently held due to an adverse action. 21 (8) If a Licensee has had a limitation or restriction on a License or 22 Compact Privilege due to an Adverse Action, two years must have elapsed from the 23 date on which the License or Compact Privilege is no longer limited or restricted due 24 to the Adverse Action. 25 (9) If a Compact Privilege has been revoked or is limited or restricted 26 in a Participating State for conduct that would not be a basis for disciplinary action in 27 a Participating State in which the Licensee is practicing or applying to practice under 28 a Compact Privilege, that Participating State shall have the discretion not to 29 consider such action as an Adverse Action requiring the denial or removal of a 30 Compact Privilege in that State. 31 (10) Notify the Compact Commission that the Licensee is seeking the
01 Compact Privilege in a Remote State. 02 (11) Meet any Jurisprudence Requirement of a Remote State in which 03 the Licensee is seeking to practice under the Compact Privilege and pay any fees 04 applicable to satisfying the Jurisprudence Requirement. 05 (12) Report to the Commission any Adverse Action taken by a non- 06 participating State within thirty (30) days after the action is taken. 07 (B) The Compact Privilege is valid until the expiration or revocation of the 08 Qualifying License unless terminated pursuant to an Adverse Action. The Licensee 09 must also comply with all of the requirements of (A) of this Section above to maintain 10 the Compact Privilege in a Remote State. If the Participating State takes Adverse 11 Action against a Qualifying License, the Licensee shall lose the Compact Privilege in 12 any Remote State in which the Licensee has a Compact Privilege until all of the 13 following occur: 14 (1) The License is no longer limited or restricted; and 15 (2) Two (2) years have elapsed from the date on which the License is 16 no longer limited or restricted due to the Adverse Action. 17 (C) Once a restricted or limited License satisfies the requirements of (B)(1) 18 and (2) of this Section, the Licensee must meet the requirements of (A) of this Section 19 to obtain a Compact Privilege in any Remote State. 20 (D) For each Remote State in which a PA seeks authority to prescribe 21 controlled substances, the PA shall satisfy all requirements imposed by such State in 22 granting or renewing such authority. 23 SECTION 5. DESIGNATION OF THE STATE FROM WHICH LICENSEE IS 24 APPLYING FOR A COMPACT PRIVILEGE. 25 (A) Upon a Licensee's application for a Compact Privilege, the Licensee shall 26 identify to the Commission the Participating State from which the Licensee is 27 applying, in accordance with applicable Rules adopted by the Commission, and 28 subject to the following requirements: 29 (1) When applying for a Compact Privilege, the Licensee shall provide 30 the Commission with the address of the Licensee's primary residence and thereafter 31 shall immediately report to the Commission any change in the address of the
01 Licensee's primary residence. 02 (2) When applying for a Compact Privilege, the Licensee is required to 03 consent to accept service of process by mail at the Licensee's primary residence on file 04 with the Commission with respect to any action brought against the Licensee by the 05 Commission or a Participating State, including a subpoena, with respect to any action 06 brought or investigation conducted by the Commission or a Participating State. 07 SECTION 6. ADVERSE ACTIONS. 08 (A) A Participating State in which a Licensee is licensed shall have exclusive 09 power to impose Adverse Action against the Qualifying License issued by that 10 Participating State. 11 (B) In addition to the other powers conferred by State law, a Remote State 12 shall have the authority, in accordance with existing State due process law, to do all of 13 the following: 14 (1) Take Adverse Action against a PA's Compact Privilege within that 15 State to remove a Licensee's Compact Privilege or take other action necessary under 16 applicable law to protect the health and safety of its citizens. 17 (2) Issue subpoenas for both hearings and investigations that require 18 the attendance and testimony of witnesses as well as the production of evidence. 19 Subpoenas issued by a Licensing Board in a Participating State for the attendance and 20 testimony of witnesses or the production of evidence from another Participating State 21 shall be enforced in the latter State by any court of competent jurisdiction, according 22 to the practice and procedure of that court applicable to subpoenas issued in 23 proceedings pending before it. The issuing authority shall pay any witness fees, travel 24 expenses, mileage and other fees required by the service statutes of the State in which 25 the witnesses or evidence are located. 26 (3) Notwithstanding (2) of this subsection, subpoenas may not be 27 issued by a Participating State to gather evidence of conduct in another State that is 28 lawful in that other State for the purpose of taking Adverse Action against a Licensee's 29 Compact Privilege or application for a Compact Privilege in that Participating State. 30 (4) Nothing in this Compact authorizes a Participating State to impose 31 discipline against a PA's Compact Privilege or to deny an application for a Compact
01 Privilege in that Participating State for the individual's otherwise lawful practice in 02 another State. 03 (C) For purposes of taking Adverse Action, the Participating State which 04 issued the Qualifying License shall give the same priority and effect to reported 05 conduct received from any other Participating State as it would if the conduct had 06 occurred within the Participating State which issued the Qualifying License. In so 07 doing, that Participating State shall apply its own State laws to determine appropriate 08 action. 09 (D) A Participating State, if otherwise permitted by State law, may recover 10 from the affected PA the costs of investigations and disposition of cases resulting from 11 any Adverse Action taken against that PA. 12 (E) A Participating State may take Adverse Action based on the factual 13 findings of a Remote State, provided that the Participating State follows its own 14 procedures for taking the Adverse Action. 15 (F) Joint Investigations. 16 (1) In addition to the authority granted to a Participating State by its 17 respective State PA laws and regulations or other applicable State law, any 18 Participating State may participate with other Participating States in joint 19 investigations of Licensees. 20 (2) Participating States shall share any investigative, litigation, or 21 compliance materials in furtherance of any joint or individual investigation initiated 22 under this Compact. 23 (G) If an Adverse Action is taken against a PA's Qualifying License, the PA's 24 Compact Privilege in all Remote States shall be deactivated until two (2) years have 25 elapsed after all restrictions have been removed from the State License. All 26 disciplinary orders by the Participating State which issued the Qualifying License that 27 impose Adverse Action against a PA's License shall include a Statement that the PA's 28 Compact Privilege is deactivated in all Participating States during the pendency of the 29 order. 30 (H) If any Participating State takes Adverse Action, it promptly shall notify 31 the administrator of the Data System.
01 SECTION 7. ESTABLISHMENT OF THE PA LICENSURE COMPACT 02 COMMISSION. 03 (A) The Participating States hereby create and establish a joint government 04 agency and national administrative body known as the PA Licensure Compact 05 Commission. The Commission is an instrumentality of the Compact States acting 06 jointly and not an instrumentality of any one State. The Commission shall come into 07 existence on or after the effective date of the Compact as set forth in Section 11(A). 08 (B) Membership, Voting, and Meetings. 09 (1) Each Participating State shall have and be limited to one (1) 10 delegate selected by that Participating State's Licensing Board or, if the State has more 11 than one Licensing Board, selected collectively by the Participating State's Licensing 12 Boards. 13 (2) The delegate shall be either: 14 (a) A current PA, physician or public member of a Licensing 15 Board or PA Council/Committee; or 16 (b) An administrator of a Licensing Board. 17 (3) Any delegate may be removed or suspended from office as 18 provided by the laws of the State from which the delegate is appointed. 19 (4) The Participating State Licensing Board shall fill any vacancy 20 occurring in the Commission within sixty (60) days. 21 (5) Each delegate shall be entitled to one (1) vote on all matters voted 22 on by the Commission and shall otherwise have an opportunity to participate in the 23 business and affairs of the Commission. A delegate shall vote in person or by such 24 other means as provided in the bylaws. The bylaws may provide for delegates' 25 participation in meetings by telecommunications, video conference, or other means of 26 communication. 27 (6) The Commission shall meet at least once during each calendar 28 year. Additional meetings shall be held as set forth in this Compact and the bylaws. 29 (7) The Commission shall establish by Rule a term of office for 30 delegates. 31 (C) The Commission shall have the following powers and duties:
01 (1) Establish a code of ethics for the Commission; 02 (2) Establish the fiscal year of the Commission; 03 (3) Establish fees; 04 (4) Establish bylaws; 05 (5) Maintain its financial records in accordance with the bylaws; 06 (6) Meet and take such actions as are consistent with the provisions of 07 this Compact and the bylaws; 08 (7) Promulgate Rules to facilitate and coordinate implementation and 09 administration of this Compact. The Rules shall have the force and effect of law and 10 shall be binding in all Participating States; 11 (8) Bring and prosecute legal proceedings or actions in the name of the 12 Commission, provided that the standing of any State Licensing Board to sue or be 13 sued under applicable law shall not be affected; 14 (9) Purchase and maintain insurance and bonds; 15 (10) Borrow, accept, or contract for services of personnel, including, 16 but not limited to, employees of a Participating State; 17 (11) Hire employees and engage contractors, elect or appoint officers, 18 fix compensation, define duties, grant such individuals appropriate authority to carry 19 out the purposes of this Compact, and establish the Commission's personnel policies 20 and programs relating to conflicts of interest, qualifications of personnel, and other 21 related personnel matters; 22 (12) Accept any and all appropriate donations and grants of money, 23 equipment, supplies, materials and services, and receive, utilize and dispose of the 24 same; provided that at all times the Commission shall avoid any appearance of 25 impropriety or conflict of interest; 26 (13) Lease, purchase, accept appropriate gifts or donations of, or 27 otherwise own, hold, improve or use, any property, real, personal or mixed; provided 28 that at all times the Commission shall avoid any appearance of impropriety; 29 (14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 30 otherwise dispose of any property real, personal, or mixed; 31 (15) Establish a budget and make expenditures;
01 (16) Borrow money; 02 (17) Appoint committees, including standing committees composed of 03 members, State regulators, State legislators or their representatives, and consumer 04 representatives, and such other interested persons as may be designated in this 05 Compact and the bylaws; 06 (18) Provide and receive information from, and cooperate with, law 07 enforcement agencies; 08 (19) Elect a Chair, Vice Chair, Secretary and Treasurer and such other 09 officers of the Commission as provided in the Commission's bylaws; 10 (20) Reserve for itself, in addition to those reserved exclusively to the 11 Commission under the Compact, powers that the Executive Committee may not 12 exercise; 13 (21) Approve or disapprove a State's participation in the Compact 14 based upon its determination as to whether the State's Compact legislation departs in a 15 material manner from the Model Compact language; 16 (22) Prepare and provide to the Participating States an annual report; 17 and 18 (23) Perform such other functions as may be necessary or appropriate 19 to achieve the purposes of this Compact consistent with the State regulation of PA 20 licensure and practice. 21 (D) Meetings of the Commission. 22 (1) All meetings of the Commission that are not closed pursuant to this 23 subsection shall be open to the public. Notice of public meetings shall be posted on the 24 Commission's website at least thirty (30) days prior to the public meeting. 25 (2) Notwithstanding (D)(1) of this Section, the Commission may 26 convene a public meeting by providing at least twenty-four (24) hours prior notice on 27 the Commission's website, and any other means as provided in the Commission's 28 Rules, for any of the reasons it may dispense with notice of proposed rulemaking 29 under Section 9(L). 30 (3) The Commission may convene in a closed, non-public meeting or 31 non-public part of a public meeting to receive legal advice or to discuss:
01 (a) Non-compliance of a Participating State with its obligations 02 under this Compact; 03 (b) The employment, compensation, discipline or other matters, 04 practices or procedures related to specific employees or other matters related to 05 the Commission's internal personnel practices and procedures; 06 (c) Current, threatened, or reasonably anticipated litigation; 07 (d) Negotiation of contracts for the purchase, lease, or sale of 08 goods, services, or real estate; 09 (e) Accusing any person of a crime or formally censuring any 10 person; 11 (f) Disclosure of trade secrets or commercial or financial 12 information that is privileged or confidential; 13 (g) Disclosure of information of a personal nature where 14 disclosure would constitute a clearly unwarranted invasion of personal privacy; 15 (h) Disclosure of investigative records compiled for law 16 enforcement purposes; 17 (i) Disclosure of information related to any investigative 18 reports prepared by or on behalf of or for use of the Commission or other 19 committee charged with responsibility of investigation or determination of 20 compliance issues pursuant to this Compact; 21 (j) Legal advice; or 22 (k) Matters specifically exempted from disclosure by federal or 23 Participating States' statutes. 24 (4) If a meeting, or portion of a meeting, is closed pursuant to this 25 provision, the chair of the meeting or the chair's designee shall certify that the meeting 26 or portion of the meeting may be closed and shall reference each relevant exempting 27 provision. 28 (5) The Commission shall keep minutes that fully and clearly describe 29 all matters discussed in a meeting and shall provide a full and accurate summary of 30 actions taken, including a description of the views expressed. All documents 31 considered in connection with an action shall be identified in such minutes. All
01 minutes and documents of a closed meeting shall remain under seal, subject to release 02 by a majority vote of the Commission or order of a court of competent jurisdiction. 03 (E) 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 Participating State and may impose Compact Privilege fees on Licensees of 10 Participating States to whom a Compact Privilege is granted to cover the cost of the 11 operations and activities of the Commission and its staff, which must be in a total 12 amount sufficient to cover its annual budget as approved by the Commission each year 13 for which revenue is not provided by other sources. The aggregate annual assessment 14 amount levied on Participating States shall be allocated based upon a formula to be 15 determined by Commission Rule. 16 (a) A Compact Privilege expires when the Licensee's 17 Qualifying License in the Participating State from which the Licensee applied 18 for the Compact Privilege expires. 19 (b) If the Licensee terminates the Qualifying License through 20 which the Licensee applied for the Compact Privilege before its scheduled 21 expiration, and the Licensee has a Qualifying License in another Participating 22 State, the Licensee shall inform the Commission that it is changing to that 23 Participating State the Participating State through which it applies for a 24 Compact Privilege and pay to the Commission any Compact Privilege fee 25 required by Commission Rule. 26 (4) The Commission shall not incur obligations of any kind prior to 27 securing the funds adequate to meet the same; nor shall the Commission pledge the 28 credit of any of the Participating States, except by and with the authority of the 29 Participating State. 30 (5) The Commission shall keep accurate accounts of all receipts and 31 disbursements. The receipts and disbursements of the Commission shall be subject to
01 the financial review and accounting procedures established under its bylaws. All 02 receipts and disbursements of funds handled by the Commission shall be subject to an 03 annual financial review by a certified or licensed public accountant, and the report of 04 the financial review shall be included in and become part of the annual report of the 05 Commission. 06 (F) The Executive Committee. 07 (1) The Executive Committee shall have the power to act on behalf of 08 the Commission according to the terms of this Compact and Commission Rules. 09 (2) The Executive Committee shall be composed of nine (9) members: 10 (a) Seven voting members who are elected by the Commission 11 from the current membership of the Commission; 12 (b) One ex-officio, nonvoting member from a recognized 13 national PA professional association; and 14 (c) One ex-officio, nonvoting member from a recognized 15 national PA certification organization. 16 (3) The ex-officio members will be selected by their respective 17 organizations. 18 (4) The Commission may remove any member of the Executive 19 Committee as provided in its bylaws. 20 (5) The Executive Committee shall meet at least annually. 21 (6) The Executive Committee shall have the following duties and 22 responsibilities: 23 (a) Recommend to the Commission changes to the 24 Commission's Rules or bylaws, changes to this Compact legislation, fees to be 25 paid by Compact Participating States such as annual dues, and any 26 Commission Compact fee charged to Licensees for the Compact Privilege; 27 (b) Ensure Compact administration services are appropriately 28 provided, contractual or otherwise; 29 (c) Prepare and recommend the budget; 30 (d) Maintain financial records on behalf of the Commission; 31 (e) Monitor Compact compliance of Participating States and
01 provide compliance reports to the Commission; 02 (f) Establish additional committees as necessary; 03 (g) Exercise the powers and duties of the Commission during 04 the interim between Commission meetings, except for issuing proposed 05 rulemaking or adopting Commission Rules or bylaws, or exercising any other 06 powers and duties exclusively reserved to the Commission by the 07 Commission's Rules; and 08 (h) Perform other duties as provided in the Commission's Rules 09 or bylaws. 10 (7) All meetings of the Executive Committee at which it votes or plans 11 to vote on matters in exercising the powers and duties of the Commission shall be 12 open to the public and public notice of such meetings shall be given as public 13 meetings of the Commission are given. 14 (8) The Executive Committee may convene in a closed, non-public 15 meeting for the same reasons that the Commission may convene in a non-public 16 meeting as set forth in Section 7(D)(3) and shall announce the closed meeting as the 17 Commission is required to under Section 7(D)(4) and keep minutes of the closed 18 meeting as the Commission is required to under Section 7(D)(5). 19 (G) Qualified Immunity, Defense, and Indemnification. 20 (1) The members, officers, executive director, employees and 21 representatives of the Commission shall be immune from suit and liability, both 22 personally and in their official capacity, for any claim for damage to or loss of 23 property or personal injury or other civil liability caused by or arising out of any actual 24 or alleged act, error, or omission that occurred, or that the person against whom the 25 claim is made had a reasonable basis for believing occurred within the scope of 26 Commission employment, duties or responsibilities; provided that nothing in this 27 paragraph shall be construed to protect any such person from suit or liability for any 28 damage, loss, injury, or liability caused by the intentional or willful or wanton 29 misconduct of that person. The procurement of insurance of any type by the 30 Commission shall not in any way compromise or limit the immunity granted 31 hereunder.
01 (2) The Commission shall defend any member, officer, executive 02 director, employee, and representative of the Commission in any civil action seeking 03 to impose liability arising out of any actual or alleged act, error, or omission that 04 occurred within the scope of Commission employment, duties, or responsibilities, or 05 as determined by the Commission that the person against whom the claim is made had 06 a reasonable basis for believing occurred within the scope of Commission 07 employment, duties, or responsibilities; provided that nothing herein shall be 08 construed to prohibit that person from retaining their own counsel at their own 09 expense; and provided further, that the actual or alleged act, error, or omission did not 10 result from that person's intentional or willful or wanton misconduct. 11 (3) The Commission shall indemnify and hold harmless any member, 12 officer, executive director, employee, and representative of the Commission for the 13 amount of any settlement or judgment obtained against that person arising out of any 14 actual or alleged act, error, or omission that occurred within the scope of Commission 15 employment, duties, or responsibilities, or that such person had a reasonable basis for 16 believing occurred within the scope of Commission employment, duties, or 17 responsibilities, provided that the actual or alleged act, error, or omission did not result 18 from the intentional or willful or wanton misconduct of that person. 19 (4) Venue is proper and judicial proceedings by or against the 20 Commission shall be brought solely and exclusively in a court of competent 21 jurisdiction where the principal office of the Commission is located. The Commission 22 may waive venue and jurisdictional defenses in any proceedings as authorized by 23 Commission Rules. 24 (5) Nothing herein shall be construed as a limitation on the liability of 25 any Licensee for professional malpractice or misconduct, which shall be governed 26 solely by any other applicable State laws. 27 (6) Nothing herein shall be construed to designate the venue or 28 jurisdiction to bring actions for alleged acts of malpractice, professional misconduct, 29 negligence, or other such civil action pertaining to the practice of a PA. All such 30 matters shall be determined exclusively by State law other than this Compact. 31 (7) Nothing in this Compact shall be interpreted to waive or otherwise
01 abrogate a Participating State's state action immunity or state action affirmative 02 defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any 03 other State or federal antitrust or anticompetitive law or regulation. 04 (8) Nothing in this Compact shall be construed to be a waiver of 05 sovereign immunity by the Participating States or by the Commission. 06 SECTION 8. DATA SYSTEM. 07 (A) The Commission shall provide for the development, maintenance, 08 operation, and utilization of a coordinated data and reporting system containing 09 licensure, Adverse Action, and the reporting of the existence of Significant 10 Investigative Information on all licensed PAs and applicants denied a License in 11 Participating States. 12 (B) Notwithstanding any other State law to the contrary, a Participating State 13 shall submit a uniform data set to the Data System on all PAs to whom this Compact 14 is applicable (utilizing a unique identifier) as required by the Rules of the 15 Commission, including: 16 (1) Identifying information; 17 (2) Licensure data; 18 (3) Adverse Actions against a License or Compact Privilege; 19 (4) Any denial of application for licensure, and the reason(s) for such 20 denial (excluding the reporting of any Criminal history record information where 21 prohibited by law); 22 (5) The existence of Significant Investigative Information; and 23 (6) Other information that may facilitate the administration of this 24 Compact, as determined by the Rules of the Commission. 25 (C) Significant Investigative Information pertaining to a Licensee in any 26 Participating State shall only be available to other Participating States. 27 (D) The Commission shall promptly notify all Participating States of any 28 Adverse Action taken against a Licensee or an individual applying for a License that 29 has been reported to it. This Adverse Action information shall be available to any 30 other Participating State. 31 (E) Participating States contributing information to the Data System may, in
01 accordance with State or federal law, designate information that may not be shared 02 with the public without the express permission of the contributing State. 03 Notwithstanding any such designation, such information shall be reported to the 04 Commission through the Data System. 05 (F) Any information submitted to the Data System that is subsequently 06 expunged pursuant to federal law or the laws of the Participating State contributing the 07 information shall be removed from the Data System upon reporting of such by the 08 Participating State to the Commission. 09 (G) The records and information provided to a Participating State pursuant to 10 this Compact or through the Data System, when certified by the Commission or an 11 agent thereof, shall constitute the authenticated business records of the Commission, 12 and shall be entitled to any associated hearsay exception in any relevant judicial, 13 quasi-judicial or administrative proceedings in a Participating State. 14 SECTION 9. RULEMAKING. 15 (A) The Commission shall exercise its Rulemaking powers pursuant to the 16 criteria set forth in this Section and the Rules adopted thereunder. Commission Rules 17 shall become binding as of the date specified by the Commission for each Rule. 18 (B) The Commission shall promulgate reasonable Rules in order to effectively 19 and efficiently implement and administer this Compact and achieve its purposes. A 20 Commission Rule shall be invalid and have no force or effect only if a court of 21 competent jurisdiction holds that the Rule is invalid because the Commission 22 exercised its rulemaking authority in a manner that is beyond the scope of the 23 purposes of this Compact, or the powers granted hereunder, or based upon another 24 applicable standard of review. 25 (C) The Rules of the Commission shall have the force of law in each 26 Participating State, provided however that where the Rules of the Commission conflict 27 with the laws of the Participating State that establish the medical services a PA may 28 perform in the Participating State, as held by a court of competent jurisdiction, the 29 Rules of the Commission shall be ineffective in that State to the extent of the conflict. 30 (D) If a majority of the legislatures of the Participating States rejects a 31 Commission Rule, by enactment of a statute or resolution in the same manner used to
01 adopt this Compact within four (4) years of the date of adoption of the Rule, then such 02 Rule shall have no further force and effect in any Participating State or to any State 03 applying to participate in the Compact. 04 (E) Commission Rules shall be adopted at a regular or special meeting of the 05 Commission. 06 (F) Prior to promulgation and adoption of a final Rule or Rules by the 07 Commission, and at least thirty (30) days in advance of the meeting at which the Rule 08 will be considered and voted upon, the Commission shall file a Notice of Proposed 09 Rulemaking: 10 (1) On the website of the Commission or other publicly accessible 11 platform; and 12 (2) To persons who have requested notice of the Commission's notices 13 of proposed rulemaking; and 14 (3) In such other way(s) as the Commission may by Rule specify. 15 (G) The Notice of Proposed Rulemaking shall include: 16 (1) The time, date, and location of the public hearing on the proposed 17 Rule and the proposed time, date and location of the meeting in which the proposed 18 Rule will be considered and voted upon; 19 (2) The text of the proposed Rule and the reason for the proposed 20 Rule; 21 (3) A request for comments on the proposed Rule from any interested 22 person and the date by which written comments must be received; and 23 (4) The manner in which interested persons may submit notice to the 24 Commission of their intention to attend the public hearing or provide any written 25 comments. 26 (H) Prior to adoption of a proposed Rule, the Commission shall allow persons 27 to submit written data, facts, opinions, and arguments, which shall be made available 28 to the public. 29 (I) If the hearing is to be held via electronic means, the Commission shall 30 publish the mechanism for access to the electronic hearing. 31 (1) All persons wishing to be heard at the hearing shall as directed in
01 the Notice of Proposed Rulemaking, not less than five (5) business days before the 02 scheduled date of the hearing, notify the Commission of their desire to appear and 03 testify at the hearing. 04 (2) Hearings shall be conducted in a manner providing each person 05 who wishes to comment a fair and reasonable opportunity to comment orally or in 06 writing. 07 (3) All hearings shall be recorded. A copy of the recording and the 08 written comments, data, facts, opinions, and arguments received in response to the 09 proposed rulemaking shall be made available to a person upon request. 10 (4) Nothing in this section shall be construed as requiring a separate 11 hearing on each proposed Rule. Proposed Rules may be grouped for the convenience 12 of the Commission at hearings required by this section. 13 (J) Following the public hearing the Commission shall consider all written and 14 oral comments timely received. 15 (K) The Commission shall, by majority vote of all delegates, take final action 16 on the proposed Rule and shall determine the effective date of the Rule, if adopted, 17 based on the Rulemaking record and the full text of the Rule. 18 (1) If adopted, the Rule shall be posted on the Commission's website. 19 (2) The Commission may adopt changes to the proposed Rule 20 provided the changes do not enlarge the original purpose of the proposed Rule. 21 (3) The Commission shall provide on its website an explanation of the 22 reasons for substantive changes made to the proposed Rule as well as reasons for 23 substantive changes not made that were recommended by commenters. 24 (4) The Commission shall determine a reasonable effective date for the 25 Rule. Except for an emergency as provided in (L) of this Section, the effective date of 26 the Rule shall be no sooner than thirty (30) days after the Commission issued the 27 notice that it adopted the Rule. 28 (L) Upon determination that an emergency exists, the Commission may 29 consider and adopt an emergency Rule with twenty-four (24) hours prior notice, 30 without the opportunity for comment, or hearing, provided that the usual rulemaking 31 procedures provided in this Compact and in this section shall be retroactively applied
01 to the Rule as soon as reasonably possible, in no event later than ninety (90) days after 02 the effective date of the Rule. For the purposes of this provision, an emergency Rule is 03 one that must be adopted immediately by the Commission in order to: 04 (1) Meet an imminent threat to public health, safety, or welfare; 05 (2) Prevent a loss of Commission or Participating State funds; 06 (3) Meet a deadline for the promulgation of a Commission Rule that is 07 established by federal law or Rule; or 08 (4) Protect public health and safety. 09 (M) The Commission or an authorized committee of the Commission may 10 direct revisions to a previously adopted Commission Rule for purposes of correcting 11 typographical errors, errors in format, errors in consistency, or grammatical errors. 12 Public notice of any revisions shall be posted on the website of the Commission. The 13 revision shall be subject to challenge by any person for a period of thirty (30) days 14 after posting. The revision may be challenged only on grounds that the revision results 15 in a material change to a Rule. A challenge shall be made as set forth in the notice of 16 revisions and delivered to the Commission prior to the end of the notice period. If no 17 challenge is made, the revision will take effect without further action. If the revision is 18 challenged, the revision may not take effect without the approval of the Commission. 19 (N) No Participating State's rulemaking requirements shall apply under this 20 Compact. 21 SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 22 (A) Oversight. 23 (1) The executive and judicial branches of State government in each 24 Participating State shall enforce this Compact and take all actions necessary and 25 appropriate to implement the Compact. 26 (2) Venue is proper and judicial proceedings by or against the 27 Commission shall be brought solely and exclusively in a court of competent 28 jurisdiction where the principal office of the Commission is located. The Commission 29 may waive venue and jurisdictional defenses to the extent it adopts or consents to 30 participate in alternative dispute resolution proceedings. Nothing herein shall affect or 31 limit the selection or propriety of venue in any action against a Licensee for
01 professional malpractice, misconduct or any such similar matter. 02 (3) The Commission shall be entitled to receive service of process in 03 any proceeding regarding the enforcement or interpretation of the Compact or the 04 Commission's Rules and shall have standing to intervene in such a proceeding for all 05 purposes. Failure to provide the Commission with service of process shall render a 06 judgment or order in such proceeding void as to the Commission, this Compact, or 07 Commission Rules. 08 (B) Default, Technical Assistance, and Termination. 09 (1) If the Commission determines that a Participating State has 10 defaulted in the performance of its obligations or responsibilities under this Compact 11 or the Commission Rules, the Commission shall provide written notice to the 12 defaulting State and other Participating States. The notice shall describe the default, 13 the proposed means of curing the default and any other action that the Commission 14 may take and shall offer remedial training and specific technical assistance regarding 15 the default. 16 (2) If a State in default fails to cure the default, the defaulting State 17 may be terminated from this Compact upon an affirmative vote of a majority of the 18 delegates of the Participating States, and all rights, privileges and benefits conferred 19 by this Compact upon such State may be terminated on the effective date of 20 termination. A cure of the default does not relieve the offending State of obligations or 21 liabilities incurred during the period of default. 22 (3) Termination of participation in this Compact shall be imposed only 23 after all other means of securing compliance have been exhausted. Notice of intent to 24 suspend or terminate shall be given by the Commission to the governor, the majority 25 and minority leaders of the defaulting State's legislature, and to the Licensing Board(s) 26 of each of the Participating States. 27 (4) A State that has been terminated is responsible for all assessments, 28 obligations, and liabilities incurred through the effective date of termination, including 29 obligations that extend beyond the effective date of termination. 30 (5) The Commission shall not bear any costs related to a State that is 31 found to be in default or that has been terminated from this Compact, unless agreed
01 upon in writing between the Commission and the defaulting State. 02 (6) The defaulting State may appeal its termination from the Compact 03 by the Commission by petitioning the U.S. District Court for the District of Columbia 04 or the federal district where the Commission has its principal offices. The prevailing 05 member shall be awarded all costs of such litigation, including reasonable attorney's 06 fees. 07 (7) Upon the termination of a State's participation in the Compact, the 08 State shall immediately provide notice to all Licensees within that State of such 09 termination: 10 (a) Licensees who have been granted a Compact Privilege in 11 that State shall retain the Compact Privilege for one hundred eighty (180) days 12 following the effective date of such termination. 13 (b) Licensees who are licensed in that State who have been 14 granted a Compact Privilege in a Participating State shall retain the Compact 15 Privilege for one hundred eighty (180) days unless the Licensee also has a 16 Qualifying License in a Participating State or obtains a Qualifying License in a 17 Participating State before the one hundred eighty (180)-day period ends, in 18 which case the Compact Privilege shall continue. 19 (C) Dispute Resolution. 20 (1) Upon request by a Participating State, the Commission shall 21 attempt to resolve disputes related to this Compact that arise among Participating 22 States and between participating and non-Participating States. 23 (2) The Commission shall promulgate a Rule providing for both 24 mediation and binding dispute resolution for disputes as appropriate. 25 (D) Enforcement. 26 (1) The Commission, in the reasonable exercise of its discretion, shall 27 enforce the provisions of this Compact and Rules of the Commission. 28 (2) If compliance is not secured after all means to secure compliance 29 have been exhausted, by majority vote, the Commission may initiate legal action in the 30 United States District Court for the District of Columbia or the federal district where 31 the Commission has its principal offices, against a Participating State in default to
01 enforce compliance with the provisions of this Compact and the Commission's 02 promulgated Rules and bylaws. The relief sought may include both injunctive relief 03 and damages. In the event judicial enforcement is necessary, the prevailing party shall 04 be awarded all costs of such litigation, including reasonable attorney's fees. 05 (3) The remedies herein shall not be the exclusive remedies of the 06 Commission. The Commission may pursue any other remedies available under federal 07 or State law. 08 (E) Legal Action Against the Commission. 09 (1) A Participating State may initiate legal action against the 10 Commission in the U.S. District Court for the District of Columbia or the federal 11 district where the Commission has its principal offices to enforce compliance with the 12 provisions of the Compact and its Rules. The relief sought may include both injunctive 13 relief and damages. In the event judicial enforcement is necessary, the prevailing party 14 shall be awarded all costs of such litigation, including reasonable attorney's fees. 15 (2) No person other than a Participating State shall enforce this 16 Compact against the Commission. 17 SECTION 11. DATE OF IMPLEMENTATION OF THE PA LICENSURE 18 COMPACT COMMISSION. 19 (A) This Compact shall come into effect on the date on which this Compact 20 statute is enacted into law in the seventh Participating State. 21 (1) On or after the effective date of the Compact, the Commission shall 22 convene and review the enactment of each of the States that enacted the Compact prior 23 to the Commission convening ("Charter Participating States") to determine if the 24 statute enacted by each such Charter Participating State is materially different than the 25 Model Compact. 26 (a) A Charter Participating State whose enactment is found to 27 be materially different from the Model Compact shall be entitled to the default 28 process set forth in Section 10(B). 29 (b) If any Participating State later withdraws from the Compact 30 or its participation is terminated, the Commission shall remain in existence and 31 the Compact shall remain in effect even if the number of Participating States
01 should be less than seven. Participating States enacting the Compact 02 subsequent to the Commission convening shall be subject to the process set 03 forth in Section 7(C)(21) to determine if their enactments are materially 04 different from the Model Compact and whether they qualify for participation in 05 the Compact. 06 (2) Participating States enacting the Compact subsequent to the seven 07 initial Charter Participating States shall be subject to the process set forth in Section 08 7(C)(21) to determine if their enactments are materially different from the Model 09 Compact and whether they qualify for participation in the Compact. 10 (3) All actions taken for the benefit of the Commission or in 11 furtherance of the purposes of the administration of the Compact prior to the effective 12 date of the Compact or the Commission coming into existence shall be considered to 13 be actions of the Commission unless specifically repudiated by the Commission. 14 (B) Any State that joins this Compact shall be subject to the Commission's 15 Rules and bylaws as they exist on the date on which this Compact becomes law in that 16 State. Any Rule that has been previously adopted by the Commission shall have the 17 full force and effect of law on the day this Compact becomes law in that State. 18 (C) Any Participating State may withdraw from this Compact by enacting a 19 statute repealing the same. 20 (1) A Participating State's withdrawal shall not take effect until one 21 hundred eighty (180) days after enactment of the repealing statute. During this one 22 hundred eighty (180) day-period, all Compact Privileges that were in effect in the 23 withdrawing State and were granted to Licensees licensed in the withdrawing State 24 shall remain in effect. If any Licensee licensed in the withdrawing State is also 25 licensed in another Participating State or obtains a license in another Participating 26 State within the one hundred eighty (180) days, the Licensee's Compact Privileges in 27 other Participating States shall not be affected by the passage of the one hundred 28 eighty (180) days. 29 (2) Withdrawal shall not affect the continuing requirement of the State 30 Licensing Board(s) of the withdrawing State to comply with the investigative, and 31 Adverse Action reporting requirements of this Compact prior to the effective date of
01 withdrawal. 02 (3) Upon the enactment of a statute withdrawing a State from this 03 Compact, the State shall immediately provide notice of such withdrawal to all 04 Licensees within that State. Such withdrawing State shall continue to recognize all 05 licenses granted pursuant to this Compact for a minimum of one hundred eighty (180) 06 days after the date of such notice of withdrawal. 07 (D) Nothing contained in this Compact shall be construed to invalidate or 08 prevent any PA licensure agreement or other cooperative arrangement between 09 Participating States and between a Participating State and non-Participating State that 10 does not conflict with the provisions of this Compact. 11 (E) This Compact may be amended by the Participating States. No amendment 12 to this Compact shall become effective and binding upon any Participating State until 13 it is enacted materially in the same manner into the laws of all Participating States as 14 determined by the Commission. 15 SECTION 12. CONSTRUCTION AND SEVERABILITY. 16 (A) This Compact and the Commission's rulemaking authority shall be 17 liberally construed so as to effectuate the purposes, and the implementation and 18 administration of the Compact. Provisions of the Compact expressly authorizing or 19 requiring the promulgation of Rules shall not be construed to limit the Commission's 20 rulemaking authority solely for those purposes. 21 (B) The provisions of this Compact shall be severable and if any phrase, 22 clause, sentence or provision of this Compact is held by a court of competent 23 jurisdiction to be contrary to the constitution of any Participating State, a State seeking 24 participation in the Compact, or of the United States, or the applicability thereof to any 25 government, agency, person or circumstance is held to be unconstitutional by a court 26 of competent jurisdiction, the validity of the remainder of this Compact and the 27 applicability thereof to any other government, agency, person or circumstance shall 28 not be affected thereby. 29 (C) Notwithstanding (B) of this section or this section, the Commission may 30 deny a State's participation in the Compact or, in accordance with the requirements of 31 Section 10(B), terminate a Participating State's participation in the Compact, if it
01 determines that a constitutional requirement of a Participating State is, or would be 02 with respect to a State seeking to participate in the Compact, a material departure from 03 the Compact. Otherwise, if this Compact shall be held to be contrary to the 04 constitution of any Participating State, the Compact shall remain in full force and 05 effect as to the remaining Participating States and in full force and effect as to the 06 Participating State affected as to all severable matters. 07 SECTION 13. BINDING EFFECT OF COMPACT. 08 (A) Nothing herein prevents the enforcement of any other law of a 09 Participating State that is not inconsistent with this Compact. 10 (B) Any laws in a Participating State in conflict with this Compact are 11 superseded to the extent of the conflict. 12 (C) All agreements between the Commission and the Participating States are 13 binding in accordance with their terms. 14 * Sec. 17. AS 08.64.315 is amended to read: 15 Sec. 08.64.315. Fees. The department shall set fees under AS 08.01.065 for 16 each of the following: 17 (1) application; 18 (2) license by examination; 19 (3) license by endorsement or waiver of examination; 20 (4) temporary permit; 21 (5) locum tenens permit; 22 (6) license renewal, active; 23 (7) license renewal, inactive; 24 (8) license by reexamination; 25 (9) expedited license issued or renewed through the Interstate 26 Medical Licensure Compact under AS 08.64.253; 27 (10) compact privilege. 28 * Sec. 18. AS 08.86.070 is amended to read: 29 Sec. 08.86.070. Duties of the board. The board shall 30 (1) establish objective examination requirements for persons who 31 apply for a license to practice psychology in the state;
01 (2) examine, or cause to be examined, eligible license applicants; 02 (3) approve the issuance of licenses to qualified applicants; 03 (4) adopt regulations establishing standards for the practice of 04 psychology; 05 (5) impose disciplinary sanctions as authorized by this chapter; 06 (6) adopt regulations requiring proof of continued competency for 07 license renewal; 08 (7) review, when requested by the department, the quality and 09 availability of psychological services in the state; 10 (8) compile information for submission to the department on the 11 practice of psychology by psychologists and psychological associates in the state; 12 (9) implement the Psychology Interjurisdictional Compact under 13 AS 08.86.225. 14 * Sec. 19. AS 08.86.130(a) is amended to read: 15 (a) The board shall issue a psychologist license to a person who 16 (1) holds an earned doctorate degree, from an academic institution 17 whose program of graduate study for a doctorate degree in psychology meets the 18 criteria established by the board by regulation, in 19 (A) clinical psychology; 20 (B) counseling psychology; or 21 (C) education in a field of specialization considered equivalent 22 by the board; 23 (2) has not engaged in dishonorable conduct related to the practice of 24 counseling or psychometry; 25 (3) has one year of post doctoral supervised experience approved by 26 the board; [AND] 27 (4) takes and passes the objective examination developed or approved 28 by the board; and 29 (5) has been fingerprinted and has provided the fees required by 30 the Department of Public Safety under AS 12.62.160 for criminal justice 31 information and a national criminal history record check; the fingerprints and
01 fees shall be forwarded to the Department of Public Safety to obtain a report of 02 criminal justice information under AS 12.62 and a national criminal history 03 record check under AS 12.62.400; criminal justice information and criminal 04 history record information obtained under this paragraph may only be used by 05 the board for the purpose of determining an applicant's qualifications and fitness 06 for a license or authority to practice under this chapter. 07 * Sec. 20. AS 08.86.140(a) is amended to read: 08 (a) The department shall set fees under AS 08.01.065 for the following: 09 (1) application; 10 (2) examination; 11 (3) credential review; 12 (4) initial license; 13 (5) license renewal; 14 (6) authority to practice under AS 08.86.225. 15 * Sec. 21. AS 08.86.150 is amended to read: 16 Sec. 08.86.150. License by credentials. A person who is licensed or certified 17 as a psychologist by a licensing authority other than the state is entitled to be licensed 18 in the state without examination if the person applies on the proper application form, 19 submits proof of continued competence as required by regulation of the board, 20 submits the person's fingerprints and fees as required under (b) of this section, 21 pays the credential review fee, and the person 22 (1) holds a doctoral degree with primary emphasis on psychology that 23 satisfies the requirements of AS 08.86.130 and the examination and qualification 24 requirements for the person's out-of-state license or certificate were essentially similar 25 to or higher than the examination and qualification requirements for licensure under 26 this chapter; 27 (2) is a diplomate in good standing of the American Board of 28 Professional Psychology; or 29 (3) is certified or registered with a credentialing organization in 30 psychology approved by the board in regulation and with requirements essentially 31 similar to or higher than the requirements for licensure under this chapter.
01 * Sec. 22. AS 08.86.150 is amended by adding a new subsection to read: 02 (b) An applicant for a license by credentials shall submit to the board 03 the applicant's fingerprints and the fees required by the Department of Public Safety 04 under AS 12.62.160 for criminal justice information and a national criminal history 05 record check. The board shall forward the fingerprints and fees to the Department of 06 Public Safety to obtain a report of criminal justice information under AS 12.62 and a 07 national criminal history record check under AS 12.62.400. Criminal justice 08 information and criminal history record information obtained under this subsection 09 may only be used by the board for the purpose of determining an applicant's 10 qualifications and fitness for a license or authority to practice under this chapter. 11 * Sec. 23. AS 08.86 is amended by adding a new section to read: 12 Article 5A. Psychology Interjurisdictional Compact. 13 Sec. 08.86.225. Compact enacted. The Psychology Interjurisdictional 14 Compact as contained in this section is enacted into law and entered into on behalf of 15 the state with all other states and jurisdictions legally joining it in a form substantially 16 as follows: 17 ARTICLE I. PURPOSE. 18 Whereas, states license psychologists, in order to protect the public through 19 verification of education, training and experience and ensure accountability for 20 professional practice; and 21 Whereas, this Compact is intended to regulate the day to day practice of 22 telepsychology (i.e. the provision of psychological services using telecommunication 23 technologies) by psychologists across state boundaries in the performance of their 24 psychological practice as assigned by an appropriate authority; and 25 Whereas, this Compact is intended to regulate the temporary in-person, face- 26 to-face practice of psychology by psychologists across state boundaries for 30 days 27 within a calendar year in the performance of their psychological practice as assigned 28 by an appropriate authority; 29 Whereas, this Compact is intended to authorize State Psychology Regulatory 30 Authorities to afford legal recognition, in a manner consistent with the terms of the 31 Compact, to psychologists licensed in another state;
01 Whereas, this Compact recognizes that states have a vested interest in 02 protecting the public's health and safety through their licensing and regulation of 03 psychologists and that such state regulation will best protect public health and safety; 04 Whereas, this Compact does not apply when a psychologist is licensed in both 05 the home and Receiving States; and 06 Whereas, this Compact does not apply to permanent in-person, face-to-face 07 practice, it does allow for authorization of temporary psychological practice. 08 Consistent with these principles, this Compact is designed to achieve the 09 following purposes and objectives: 10 (1) Increase public access to professional psychological services by 11 allowing for telepsychological practice across state lines as well as temporary in- 12 person, face-to-face services in a state which the psychologist is not licensed to 13 practice psychology; 14 (2) Enhance the states' ability to protect the public's health and safety, 15 especially client/patient safety; 16 (3) Encourage the cooperation of Compact States in the areas of 17 psychology licensure and regulation; 18 (4) Facilitate the exchange of information between Compact States 19 regarding psychologist licensure, adverse actions and disciplinary history; 20 (5) Promote compliance with the laws governing psychological 21 practice in each Compact State; and 22 (6) Invest all Compact States with the authority to hold licensed 23 psychologists accountable through the mutual recognition of Compact State licenses. 24 ARTICLE II. DEFINITIONS. 25 As used in this Compact, unless the context clearly requires a different construction, 26 (A) "Adverse Action" means: any action taken by a State Psychology 27 Regulatory Authority which finds a violation of a statute or regulation that is identified 28 by the State Psychology Regulatory Authority as discipline and is a matter of public 29 record; 30 (B) "Association of State and Provincial Psychology Boards" means: 31 the recognized membership organization composed of State and Provincial
01 Psychology Regulatory Authorities responsible for the licensure and registration of 02 psychologists throughout the United States and Canada; 03 (C) "Authority to Practice Interjurisdictional Telepsychology" means: 04 a licensed psychologist's authority to practice telepsychology, within the limits 05 authorized under this Compact, in another Compact State; 06 (D) "Bylaws" means: those Bylaws established by the Psychology 07 Interjurisdictional Compact Commission pursuant to Article X for its governance, or 08 for directing and controlling its actions and conduct; 09 (E) "Client/Patient" means: the recipient of psychological services, 10 whether psychological services are delivered in the context of healthcare, corporate, 11 supervision, and/or consulting services; 12 (F) "Commissioner" means: the voting representative appointed by 13 each State Psychology Regulatory Authority pursuant to Article X; 14 (G) "Compact State" means: a state, the District of Columbia, or 15 United States territory that has enacted this Compact legislation and which has not 16 withdrawn pursuant to Article XIII(C) or been terminated pursuant to Article XII(B); 17 (H) "Coordinated Licensure Information System" and "Coordinated 18 Database" mean: an integrated process for collecting, storing, and sharing information 19 on psychologists' licensure and enforcement activities related to psychology licensure 20 laws, which is administered by the recognized membership organization composed of 21 state and provincial psychology regulatory authorities; 22 (I) "Confidentiality" means: the principle that data or information is 23 not made available or disclosed to unauthorized persons and/or processes; 24 (J) "Day" means: any part of a day in which psychological work is 25 performed; 26 (K) "Distant State" means: the Compact State where a psychologist is 27 physically present (not through the use of telecommunications technologies), to 28 provide temporary in-person, face-to-face psychological services; 29 (L) "E.Passport" means: a certificate issued by the Association of State 30 and Provincial Psychology Boards that promotes the standardization in the criteria of 31 interjurisdictional telepsychology practice and facilitates the process for licensed
01 psychologists to provide telepsychological services across state lines; 02 (M) "Executive Board" means: a group of directors elected or 03 appointed to act on behalf of, and within the powers granted to them by, the 04 Commission; 05 (N) "Home State" means: a Compact State where a psychologist is 06 licensed to practice psychology; if the psychologist is licensed in more than one 07 Compact State and is practicing under the Authorization to Practice Interjurisdictional 08 Telepsychology, the Home State is the Compact State where the psychologist is 09 physically present when the telepsychological services are delivered, or if the 10 psychologist is licensed in more than one Compact State and is practicing under the 11 Temporary Authorization to Practice, the Home State is any Compact State where the 12 psychologist is licensed; 13 (O) "Identity History Summary" means: a summary of information 14 retained by the Federal Bureau of Investigation, or other designee with similar 15 authority, in connection with arrests and, in some instances, federal employment, 16 naturalization, or military service; 17 (P) "In-person, Face-to-Face" means: interactions in which the 18 psychologist and the client/patient are in the same physical space and which does not 19 include interactions that may occur through the use of telecommunication 20 technologies; 21 (Q) "Interjurisdictional Practice Certificate" and "IPC" mean: a 22 certificate issued by the Association of State and Provincial Psychology Boards that 23 grants temporary authority to practice based on notification to the State Psychology 24 Regulatory Authority of intention to practice temporarily, and verification of one's 25 qualifications for such practice; 26 (R) "License" means: authorization by a State Psychology Regulatory 27 Authority to engage in the independent practice of psychology, which would be 28 unlawful without the authorization; 29 (S) "Non-Compact State" means: any state which is not at the time a 30 Compact State; 31 (T) "Psychologist" means: an individual licensed for the independent
01 practice of psychology; 02 (U) "Psychology Interjurisdictional Compact Commission" and 03 "Commission" mean: the national administration of which all Compact States are 04 members; 05 (V) "Receiving State" means: a Compact State where the client/patient 06 is physically located when the telepsychological services are delivered; 07 (W) "Rule" means: a written statement by the Psychology 08 Interjurisdictional Compact Commission promulgated pursuant to Article XI of the 09 Compact that is of general applicability, implements, interprets, or prescribes a policy 10 or provision of the Compact, or an organizational, procedural, or practice requirement 11 of the Commission and has the force and effect of statutory law in a Compact State, 12 and includes the amendment, repeal or suspension of an existing Rule; 13 (X) "Significant Investigatory Information" means: 14 (1) investigative information that a State Psychology 15 Regulatory Authority, after a preliminary inquiry that includes notification and 16 an opportunity to respond if required by state law, has reason to believe, if 17 proven true, would indicate more than a violation of state statute or ethics code 18 that would be considered more substantial than a minor infraction; or 19 (2) investigative information that indicates that the 20 psychologist represents an immediate threat to public health and safety 21 regardless of whether the psychologist has been notified and/or had an 22 opportunity to respond; 23 (Y) "State" means: a state, commonwealth, territory, or possession of 24 the United States, or the District of Columbia; 25 (Z) "State Psychology Regulatory Authority" means: the board, office 26 or other agency with the legislative mandate to license and regulate the practice of 27 psychology; 28 (AA) "Telepsychology" means: the provision of psychological services 29 using telecommunication technologies; 30 (BB) "Temporary Authorization to Practice" means: a licensed 31 psychologist's authority to conduct temporary in-person, face-to-face practice, within
01 the limits authorized under this Compact, in another Compact State; 02 (CC) "Temporary In-Person, Face-to-Face Practice" means: where a 03 psychologist is physically present (not through the use of telecommunications 04 technologies), in the Distant State to provide for the practice of psychology for 30 05 days within a calendar year and based on notification to the Distant State. 06 ARTICLE III. HOME STATE LICENSURE. 07 (A) The Home State shall be a Compact State where a psychologist is licensed 08 to practice psychology. 09 (B) A psychologist may hold one or more Compact State licenses at a time. If 10 the psychologist is licensed in more than one Compact State, the Home State is the 11 Compact State where the psychologist is physically present when the services are 12 delivered as authorized by the Authority to Practice Interjurisdictional Telepsychology 13 under the terms of this Compact. 14 (C) Any Compact State may require a psychologist not previously licensed in 15 a Compact State to obtain and retain a license to be authorized to practice in the 16 Compact State under circumstances not authorized by the Authority to Practice 17 Interjurisdictional Telepsychology under the terms of this Compact. 18 (D) Any Compact State may require a psychologist to obtain and retain a 19 license to be authorized to practice in a Compact State under circumstances not 20 authorized by Temporary Authorization to Practice under the terms of this Compact. 21 (E) A Home State's license authorizes a psychologist to practice in a 22 Receiving State under the Authority to Practice Interjurisdictional Telepsychology 23 only if the Compact State: 24 (1) Currently requires the psychologist to hold an active E.Passport; 25 (2) Has a mechanism in place for receiving and investigating 26 complaints about licensed individuals; 27 (3) Notifies the Commission, in compliance with the terms herein, of 28 any adverse action or significant investigatory information regarding a licensed 29 individual; 30 (4) Requires an Identity History Summary of all applicants at initial 31 licensure, including the use of the results of fingerprints or other biometric data checks
01 compliant with the requirements of the Federal Bureau of Investigation, or other 02 designee with similar authority, no later than ten years after activation of the Compact; 03 and 04 (5) Complies with the Bylaws and Rules of the Commission. 05 (F) A Home State's license grants Temporary Authorization to Practice to a 06 psychologist in a Distant State only if the Compact State: 07 (1) Currently requires the psychologist to hold an active IPC; 08 (2) Has a mechanism in place for receiving and investigating 09 complaints about licensed individuals; 10 (3) Notifies the Commission, in compliance with the terms herein, of 11 any adverse action or significant investigatory information regarding a licensed 12 individual; 13 (4) Requires an Identity History Summary of all applicants at initial 14 licensure, including the use of the results of fingerprints or other biometric data checks 15 compliant with the requirements of the Federal Bureau of Investigation, or other 16 designee with similar authority, no later than ten years after activation of the Compact; 17 and 18 (5) Complies with the Bylaws and Rules of the Commission. 19 ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY. 20 (A) Compact States shall recognize the right of a psychologist, licensed in a 21 Compact State in conformance with Article III, to practice telepsychology in other 22 Compact States (Receiving States) in which the psychologist is not licensed, under the 23 Authority to Practice Interjurisdictional Telepsychology as provided in the Compact. 24 (B) To exercise the Authority to Practice Interjurisdictional Telepsychology 25 under the terms and provisions of this Compact, a psychologist licensed to practice in 26 a Compact State must: 27 (1) Hold a graduate degree in psychology from an institute of higher 28 education that was, at the time the degree was awarded: 29 (a) Regionally accredited by an accrediting body recognized by 30 the United States Department of Education to grant graduate degrees, or 31 authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or
01 (b) A foreign college or university deemed to be equivalent to 02 (B)(1)(a) of this Article by a foreign credential evaluation service that is a 03 member of the National Association of Credential Evaluation Services or by a 04 recognized foreign credential evaluation service; and 05 (2) Hold a graduate degree in psychology that meets the following 06 criteria: 07 (a) The program, wherever it may be administratively housed, 08 must be clearly identified and labeled as a psychology program. Such a 09 program must specify in pertinent institutional catalogues and brochures its 10 intent to educate and train professional psychologists; 11 (b) The psychology program must stand as a recognizable, 12 coherent, organizational entity within the institution; 13 (c) There must be a clear authority and primary responsibility 14 for the core and specialty areas whether or not the program cuts across 15 administrative lines; 16 (d) The program must consist of an integrated, organized 17 sequence of study; 18 (e) There must be an identifiable psychology faculty sufficient 19 in size and breadth to carry out its responsibilities; 20 (f) The designated director of the program must be a 21 psychologist and a member of the core faculty; 22 (g) The program must have an identifiable body of students 23 who are matriculated in that program for a degree; 24 (h) The program must include supervised practicum, internship, 25 or field training appropriate to the practice of psychology; 26 (i) The curriculum shall encompass a minimum of three 27 academic years of full-time graduate study for doctoral degree and a minimum 28 of one academic year of full-time graduate study for master's degree; 29 (j) The program includes an acceptable residency as defined by 30 the Rules of the Commission. 31 (3) Possess a current, full and unrestricted license to practice
01 psychology in a Home State which is a Compact State; 02 (4) Have no history of adverse action that violate the Rules of the 03 Commission; 04 (5) Have no criminal record history reported on an Identity History 05 Summary that violates the Rules of the Commission; 06 (6) Possess a current, active E.Passport; 07 (7) Provide attestations in regard to areas of intended practice, 08 conformity with standards of practice, competence in telepsychology technology; 09 criminal background; and knowledge and adherence to legal requirements in the Home 10 and Receiving States, and provide a release of information to allow for primary source 11 verification in a manner specified by the Commission; and 12 (8) Meet other criteria as defined by the Rules of the Commission. 13 (C) The Home State maintains authority over the license of any psychologist 14 practicing in a Receiving State under the Authority to Practice Interjurisdictional 15 Telepsychology. 16 (D) A psychologist practicing in a Receiving State under the Authority to 17 Practice Interjurisdictional Telepsychology will be subject to the Receiving State's 18 scope of practice. A Receiving State may, in accordance with that state's due process 19 law, limit or revoke a psychologist's Authority to Practice Interjurisdictional 20 Telepsychology in the Receiving State and may take any other necessary actions under 21 the Receiving State's applicable law to protect the health and safety of the Receiving 22 State's citizens. If a Receiving State takes action, the state shall promptly notify the 23 Home State and the Commission. 24 (E) If a psychologist's license in any Home State, another Compact State, or 25 any Authority to Practice Interjurisdictional Telepsychology in any Receiving State, is 26 restricted, suspended or otherwise limited, the E.Passport shall be revoked and 27 therefore the psychologist shall not be eligible to practice telepsychology in a 28 Compact State under the Authority to Practice Interjurisdictional Telepsychology. 29 ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE. 30 (A) Compact States shall also recognize the right of a psychologist, licensed in 31 a Compact State in conformance with Article III, to practice temporarily in other
01 Compact States (Distant States) in which the psychologist is not licensed, as provided 02 in the Compact. 03 (B) To exercise the Temporary Authorization to Practice under the terms and 04 provisions of this Compact, a psychologist licensed to practice in a Compact State 05 must: 06 (1) Hold a graduate degree in psychology from an institute of higher 07 education that was, at the time the degree was awarded: 08 (a) Regionally accredited by an accrediting body recognized by 09 the United States Department of Education to grant graduate degrees, or 10 authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or 11 (b) A foreign college or university deemed to be equivalent to 12 (B)(1)(a) of this Article by a foreign credential evaluation service that is a 13 member of the National Association of Credential Evaluation Services or by a 14 recognized foreign credential evaluation service; and 15 (2) Hold a graduate degree in psychology that meets the following 16 criteria: 17 (a) The program, wherever it may be administratively housed, 18 must be clearly identified and labeled as a psychology program. Such a 19 program must specify in pertinent institutional catalogues and brochures its 20 intent to educate and train professional psychologists; 21 (b) The psychology program must stand as a recognizable, 22 coherent, organizational entity within the institution; 23 (c) There must be a clear authority and primary responsibility 24 for the core and specialty areas whether or not the program cuts across 25 administrative lines; 26 (d) The program must consist of an integrated, organized 27 sequence of study; 28 (e) There must be an identifiable psychology faculty sufficient 29 in size and breadth to carry out its responsibilities; 30 (f) The designated director of the program must be a 31 psychologist and a member of the core faculty;
01 (g) The program must have an identifiable body of students 02 who are matriculated in that program for a degree; 03 (h) The program must include supervised practicum, internship, 04 or field training appropriate to the practice of psychology; 05 (i) The curriculum shall encompass a minimum of three 06 academic years of full-time graduate study for doctoral degrees and a 07 minimum of one academic year of full-time graduate study for master's degree; 08 (j) The program includes an acceptable residency as defined by 09 the Rules of the Commission. 10 (3) Possess a current, full and unrestricted license to practice 11 psychology in a Home State which is a Compact State; 12 (4) No history of adverse action that violate the Rules of the 13 Commission; 14 (5) No criminal record history that violates the Rules of the 15 Commission; 16 (6) Possess a current, active IPC; 17 (7) Provide attestations in regard to areas of intended practice and 18 work experience and provide a release of information to allow for primary source 19 verification in a manner specified by the Commission; and 20 (8) Meet other criteria as defined by the Rules of the Commission. 21 (C) A psychologist practicing in a Distant State under the Temporary 22 Authorization to Practice shall practice within the scope of practice authorized by the 23 Distant State. 24 (D) A psychologist practicing in a Distant State under the Temporary 25 Authorization to Practice will be subject to the Distant State's authority and law. A 26 Distant State may, in accordance with that state's due process law, limit or revoke a 27 psychologist's Temporary Authorization to Practice in the Distant State and may take 28 any other necessary actions under the Distant State's applicable law to protect the 29 health and safety of the Distant State's citizens. If a Distant State takes action, the state 30 shall promptly notify the Home State and the Commission. 31 (E) If a psychologist's license in any Home State, another Compact State, or
01 any Temporary Authorization to Practice in any Distant State, is restricted, suspended 02 or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not 03 be eligible to practice in a Compact State under the Temporary Authorization to 04 Practice. 05 ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING 06 STATE. 07 (A) A psychologist may practice in a Receiving State under the Authority to 08 Practice Interjurisdictional Telepsychology only in the performance of the scope of 09 practice for psychology as assigned by an appropriate State Psychology Regulatory 10 Authority, as defined in the Rules of the Commission, and under the following 11 circumstances: 12 (1) The psychologist initiates a client/patient contact in a Home State 13 via telecommunications technologies with a client/patient in a Receiving State; 14 (2) Other conditions regarding telepsychology as determined by Rules 15 promulgated by the Commission. 16 ARTICLE VII. ADVERSE ACTIONS. 17 (A) A Home State shall have the power to impose adverse action against a 18 psychologist's license issued by the Home State. A Distant State shall have the power 19 to take adverse action on a psychologist's Temporary Authorization to Practice within 20 that Distant State. 21 (B) A Receiving State may take adverse action on a psychologist's Authority 22 to Practice Interjurisdictional Telepsychology within that Receiving State. A Home 23 State may take adverse action against a psychologist based on an adverse action taken 24 by a Distant State regarding temporary in-person, face-to-face practice. 25 (C) If a Home State takes adverse action against a psychologist's license, that 26 psychologist's Authority to Practice Interjurisdictional Telepsychology is terminated 27 and the E.Passport is revoked. Furthermore, that psychologist's Temporary 28 Authorization to Practice is terminated and the IPC is revoked. 29 (1) All Home State disciplinary orders which impose adverse action 30 shall be reported to the Commission in accordance with the Rules promulgated by the 31 Commission. A Compact State shall report adverse actions in accordance with the
01 Rules of the Commission. 02 (2) In the event discipline is reported on a psychologist, the 03 psychologist will not be eligible for telepsychology or temporary in-person, face-to- 04 face practice in accordance with the Rules of the Commission. 05 (3) Other actions may be imposed as determined by the Rules 06 promulgated by the Commission. 07 (D) A Home State's psychology regulatory authority shall investigate and take 08 appropriate action with respect to reported inappropriate conduct engaged in by a 09 licensee which occurred in a Receiving State as it would if such conduct had occurred 10 by a licensee within the Home State. In such cases, the Home State's law shall control 11 in determining any adverse action against a psychologist's license. 12 (E) A Distant State's psychology regulatory authority shall investigate and 13 take appropriate action with respect to reported inappropriate conduct engaged in by a 14 psychologist practicing under temporary authorization practice which occurred in that 15 Distant State as it would if such conduct had occurred by a licensee within the Home 16 State. In such cases, Distant State's law shall control in determining any adverse action 17 against a psychologist's Temporary Authorization to Practice. 18 (F) Nothing in this Compact shall override a Compact State's decision that a 19 psychologist's participation in an alternative program may be used in lieu of adverse 20 action and that such participation shall remain non-public if required by the Compact 21 State's law. Compact States must require psychologists who enter any alternative 22 programs to not provide telepsychology services under the Authority to Practice 23 Interjurisdictional Telepsychology or provide temporary psychological services under 24 the Temporary Authorization to Practice in any other Compact State during the term 25 of the alternative program. 26 (G) No other judicial or administrative remedies shall be available to a 27 psychologist in the event a Compact State imposes an adverse action pursuant to (C) 28 of this Article. 29 ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S 30 PSYCHOLOGY REGULATORY AUTHORITY. 31 (A) In addition to any other powers granted under state law, a Compact State's
01 psychology regulatory authority shall have the authority under this Compact to: 02 (1) Issue subpoenas, for both hearings and investigations, which 03 require the attendance and testimony of witnesses and the production of evidence. 04 Subpoenas issued by a Compact State's psychology regulatory authority for the 05 attendance and testimony of witnesses, and/or the production of evidence from another 06 Compact State shall be enforced in the latter state by any court of competent 07 jurisdiction, according to that court's practice and procedure in considering subpoenas 08 issued in its own proceedings. The issuing State Psychology Regulatory Authority 09 shall pay any witness fees, travel expenses, mileage and other fees required by the 10 service statutes of the state where the witnesses and/or evidence are located; and 11 (2) Issue cease and desist and/or injunctive relief orders to revoke a 12 psychologist's Authority to Practice Interjurisdictional Telepsychology and/or 13 Temporary Authorization to Practice. 14 (3) During the course of any investigation, a psychologist may not 15 change his/her Home State licensure. A Home State Psychology Regulatory Authority 16 is authorized to complete any pending investigations of a psychologist and to take any 17 actions appropriate under its law. The Home State Psychology Regulatory Authority 18 shall promptly report the conclusions of such investigations to the Commission. Once 19 an investigation has been completed, and pending the outcome of said investigation, 20 the psychologist may change his/her Home State licensure. The Commission shall 21 promptly notify the new Home State of any such decisions as provided in the Rules of 22 the Commission. All information provided to the Commission or distributed by 23 Compact States pursuant to the psychologist shall be confidential, filed under seal and 24 used for investigatory or disciplinary matters. The Commission may create additional 25 Rules for mandated or discretionary sharing of information by Compact States. 26 ARTICLE IX. COORDINATED LICENSURE INFORMATION SYSTEM. 27 (A) The Commission shall provide for the development and maintenance of a 28 coordinated licensure information system (coordinated database) and reporting system 29 containing licensure and disciplinary action information on all licensees to whom this 30 Compact is applicable in all Compact States as defined by the Rules of the 31 Commission.
01 (B) Notwithstanding any other provision of state law to the contrary, a 02 Compact State shall submit a uniform data set to the coordinated database on all 03 licensees as required by the Rules of the Commission, including: 04 (1) Identifying information; 05 (2) Licensure data; 06 (3) Significant investigatory information; 07 (4) Adverse actions against a psychologist's license; 08 (5) An indicator that a psychologist's Authority to Practice 09 Interjurisdictional Telepsychology and/or Temporary Authorization to Practice is 10 revoked; 11 (6) Non-confidential information related to alternative program 12 participation information; 13 (7) Any denial of application for licensure, and the reasons for such 14 denial; and 15 (8) Other information which may facilitate the administration of this 16 Compact, as determined by the Rules of the Commission. 17 (C) The coordinated database administrator shall promptly notify all Compact 18 States of any adverse action taken against, or significant investigative information on, 19 any licensee in a Compact State. 20 (D) Compact States reporting information to the coordinated database may 21 designate information that may not be shared with the public without the express 22 permission of the Compact State reporting the information. 23 (E) Any information submitted to the coordinated database that is 24 subsequently required to be expunged by the law of the Compact State reporting the 25 information shall be removed from the coordinated database. 26 ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY 27 INTERJURISDICTIONAL COMPACT COMMISSION. 28 (A) The Compact States hereby create and establish a joint public agency 29 known as the Psychology Interjurisdictional Compact Commission. 30 (1) The Commission is a body politic and an instrumentality of the 31 Compact States.
01 (2) Venue is proper and judicial proceedings by or against the 02 Commission shall be brought solely and exclusively in a court of competent 03 jurisdiction where the principal office of the Commission is located. The Commission 04 may waive venue and jurisdictional defenses to the extent it adopts or consents to 05 participate in alternative dispute resolution proceedings. 06 (3) Nothing in this Compact shall be construed to be a waiver of 07 sovereign immunity. 08 (B) Membership, Voting, and Meetings. 09 (1) The Commission shall consist of one voting representative 10 appointed by each Compact State who shall serve as that state's commissioner. The 11 State Psychology Regulatory Authority shall appoint its delegate. This delegate shall 12 be empowered to act on behalf of the Compact State. This delegate shall be limited to: 13 (a) Executive director, executive secretary or similar executive; 14 (b) Current member of the State Psychology Regulatory 15 Authority of a Compact State; or 16 (c) Designee empowered with the appropriate delegate 17 authority to act on behalf of the Compact State. 18 (2) Any commissioner may be removed or suspended from office as 19 provided by the law of the state from which the commissioner is appointed. Any 20 vacancy occurring in the commission shall be filled in accordance with the laws of the 21 Compact State in which the vacancy exists. 22 (3) Each commissioner shall be entitled to one (1) vote with regard to 23 the promulgation of Rules and creation of Bylaws and shall otherwise have an 24 opportunity to participate in the business and affairs of the Commission. A 25 commissioner shall vote in person or by such other means as provided in the Bylaws. 26 The Bylaws may provide for commissioners' participation in meetings by telephone or 27 other means of communication. 28 (4) The Commission shall meet at least once during each calendar 29 year. Additional meetings shall be held as set forth in the Bylaws. 30 (5) All meetings shall be open to the public, and public notice of 31 meetings shall be given in the same manner as required under the rulemaking
01 provisions in Article XI. 02 (6) The Commission may convene in a closed, non-public meeting if 03 the Commission must discuss: 04 (a) Non-compliance of a Compact State with its obligations 05 under the Compact; 06 (b) The employment, compensation, discipline or other 07 personnel matters, practices or procedures related to specific employees or 08 other matters related to the Commission's internal personnel practices and 09 procedures; 10 (c) Current, threatened, or reasonably anticipated litigation 11 against the Commission; 12 (d) Negotiation of contracts for the purchase or sale of goods, 13 services or real estate; 14 (e) Accusation against any person of a crime or formally 15 censuring any person; 16 (f) Disclosure of trade secrets or commercial or financial 17 information which is privileged or confidential; 18 (g) Disclosure of information of a personal nature where 19 disclosure would constitute a clearly unwarranted invasion of personal privacy; 20 (h) Disclosure of investigatory records compiled for law 21 enforcement purposes; 22 (i) Disclosure of information related to any investigatory 23 reports prepared by or on behalf of or for use of the Commission or other 24 committee charged with responsibility for investigation or determination of 25 compliance issues pursuant to the Compact; or 26 (j) Matters specifically exempted from disclosure by federal 27 and state statute. 28 (7) If a meeting, or portion of a meeting, is closed pursuant to this 29 provision, the Commission's legal counsel or designee shall certify that the meeting 30 may be closed and shall reference each relevant exempting provision. The 31 Commission shall keep minutes which fully and clearly describe all matters discussed
01 in a meeting and shall provide a full and accurate summary of actions taken, of any 02 person participating in the meeting, and the reasons therefore, including a description 03 of the views expressed. All documents considered in connection with an action shall 04 be identified in such minutes. All minutes and documents of a closed meeting shall 05 remain under seal, subject to release only by a majority vote of the Commission or 06 order of a court of competent jurisdiction. 07 (C) The Commission shall, by a majority vote of the commissioners, prescribe 08 Bylaws and/or Rules to govern its conduct as may be necessary or appropriate to carry 09 out the purposes and exercise the powers of the Compact, including but not limited to: 10 (1) Establishing the fiscal year of the Commission; 11 (2) Providing reasonable standards and procedures: 12 (a) for the establishment and meetings of other committees; and 13 (b) governing any general or specific delegation of any 14 authority or function of the Commission; 15 (3) Providing reasonable procedures for calling and conducting 16 meetings of the Commission, ensuring reasonable advance notice of all meetings and 17 providing an opportunity for attendance of such meetings by interested parties, with 18 enumerated exceptions designed to protect the public's interest, the privacy of 19 individuals of such proceedings, and proprietary information, including trade secrets. 20 The Commission may meet in closed session only after a majority of the 21 commissioners vote to close a meeting to the public in whole or in part. As soon as 22 practicable, the Commission must make public a copy of the vote to close the meeting 23 revealing the vote of each commissioner with no proxy votes allowed; 24 (4) Establishing the titles, duties and authority and reasonable 25 procedures for the election of the officers of the Commission; 26 (5) Providing reasonable standards and procedures for the 27 establishment of the personnel policies and programs of the Commission. 28 Notwithstanding any civil service or other similar law of any Compact State, the 29 Bylaws shall exclusively govern the personnel policies and programs of the 30 Commission; 31 (6) Promulgating a Code of Ethics to address permissible and
01 prohibited activities of Commission members and employees; 02 (7) Providing a mechanism for concluding the operations of the 03 Commission and the equitable disposition of any surplus funds that may exist after the 04 termination of the Compact after the payment and/or reserving of all of its debts and 05 obligations; 06 (8) The Commission shall publish its Bylaws in a convenient form and 07 file a copy thereof and a copy of any amendment thereto, with the appropriate agency 08 or officer in each of the Compact States; 09 (9) The Commission shall maintain its financial records in accordance 10 with the Bylaws; and 11 (10) The Commission shall meet and take such actions as are 12 consistent with the provisions of this Compact and the Bylaws. 13 (D) The Commission shall have the following powers: 14 (1) The authority to promulgate uniform Rules to facilitate and 15 coordinate implementation and administration of this Compact. The Rules shall have 16 the force and effect of law and shall be binding in all Compact States; 17 (2) To bring and prosecute legal proceedings or actions in the name of 18 the Commission, provided that the standing of any State Psychology Regulatory 19 Authority or other regulatory body responsible for psychology licensure to sue or be 20 sued under applicable law shall not be affected; 21 (3) To purchase and maintain insurance and bonds; 22 (4) To borrow, accept or contract for services of personnel, including, 23 but not limited to, employees of a Compact State; 24 (5) To hire employees, elect or appoint officers, fix compensation, 25 define duties, grant such individuals appropriate authority to carry out the purposes of 26 the Compact, and to establish the Commission's personnel policies and programs 27 relating to conflicts of interest, qualifications of personnel, and other related personnel 28 matters; 29 (6) To accept any and all appropriate donations and grants of money, 30 equipment, supplies, materials and services, and to receive, utilize and dispose of the 31 same; provided that at all times the Commission shall strive to avoid any appearance
01 of impropriety and/or conflict of interest; 02 (7) To lease, purchase, accept appropriate gifts or donations of, or 03 otherwise to own, hold, improve or use, any property, real, personal or mixed; 04 provided that at all times the Commission shall strive to avoid any appearance of 05 impropriety; 06 (8) To sell, convey, mortgage, pledge, lease, exchange, abandon or 07 otherwise dispose of any property real, personal or mixed; 08 (9) To establish a budget and make expenditures; 09 (10) To borrow money; 10 (11) To appoint committees, including advisory committees comprised 11 of members, state regulators, state legislators or their representatives, and consumer 12 representatives, and such other interested persons as may be designated in this 13 Compact and the Bylaws; 14 (12) To provide and receive information from, and to cooperate with, 15 law enforcement agencies; 16 (13) To adopt and use an official seal; and 17 (14) To perform such other functions as may be necessary or 18 appropriate to achieve the purposes of this Compact consistent with the state 19 regulation of psychology licensure, temporary in-person, face-to-face practice and 20 telepsychology practice. 21 (E) The Executive Board. 22 The elected officers shall serve as the Executive Board, which shall 23 have the power to act on behalf of the Commission according to the terms of this 24 Compact. 25 (1) The Executive Board shall be comprised of six members: 26 (a) Five voting members who are elected from the current 27 membership of the Commission by the Commission; 28 (b) One ex-officio, nonvoting member from the recognized 29 membership organization composed of state and provincial psychology 30 regulatory authorities. 31 (2) The ex-officio member must have served as staff or member on a
01 State Psychology Regulatory Authority and will be selected by its respective 02 organization. 03 (3) The Commission may remove any member of the Executive Board 04 as provided in Bylaws. 05 (4) The Executive Board shall meet at least annually. 06 (5) The Executive Board shall have the following duties and 07 responsibilities: 08 (a) Recommend to the entire Commission changes to the Rules 09 or Bylaws, changes to this Compact legislation, fees paid by Compact States 10 such as annual dues, and any other applicable fees; 11 (b) Ensure Compact administration services are appropriately 12 provided, contractual or otherwise; 13 (c) Prepare and recommend the budget; 14 (d) Maintain financial records on behalf of the Commission; 15 (e) Monitor Compact compliance of member states and provide 16 compliance reports to the Commission; 17 (f) Establish additional committees as necessary; and 18 (g) Other duties as provided in Rules or Bylaws. 19 (F) Financing of the Commission. 20 (1) The Commission shall pay, or provide for the payment of the 21 reasonable expenses of its establishment, organization and ongoing activities. 22 (2) The Commission may accept any and all appropriate revenue 23 sources, donations and grants of money, equipment, supplies, materials and services. 24 (3) The Commission may levy on and collect an annual assessment 25 from each Compact State or impose fees on other parties to cover the cost of the 26 operations and activities of the Commission and its staff which must be in a total 27 amount sufficient to cover its annual budget as approved each year for which revenue 28 is not provided by other sources. The aggregate annual assessment amount shall be 29 allocated based upon a formula to be determined by the Commission which shall 30 promulgate a Rule binding upon all Compact States. 31 (4) The Commission shall not incur obligations of any kind prior to
01 securing the funds adequate to meet the same; nor shall the Commission pledge the 02 credit of any of the Compact States, except by and with the authority of the Compact 03 State. 04 (5) The Commission shall keep accurate accounts of all receipts and 05 disbursements. The receipts and disbursements of the Commission shall be subject to 06 the audit and accounting procedures established under its Bylaws. However, all 07 receipts and disbursements of funds handled by the Commission shall be audited 08 yearly by a certified or licensed public accountant and the report of the audit shall be 09 included in and become part of the annual report of the Commission. 10 (G) Qualified Immunity, Defense, and Indemnification. 11 (1) The members, officers, Executive Director, employees and 12 representatives of the Commission shall be immune from suit and liability, either 13 personally or in their official capacity, for any claim for damage to or loss of property 14 or personal injury or other civil liability caused by or arising out of any actual or 15 alleged act, error or omission that occurred, or that the person against whom the claim 16 is made had a reasonable basis for believing occurred within the scope of Commission 17 employment, duties or responsibilities; provided that nothing in this paragraph shall be 18 construed to protect any such person from suit and/or liability for any damage, loss, 19 injury or liability caused by the intentional or willful or wanton misconduct of that 20 person. 21 (2) The Commission shall defend any member, officer, Executive 22 Director, employee or representative of the Commission in any civil action seeking to 23 impose liability arising out of any actual or alleged act, error or omission that occurred 24 within the scope of Commission employment, duties or responsibilities, or that the 25 person against whom the claim is made had a reasonable basis for believing occurred 26 within the scope of Commission employment, duties or responsibilities; provided that 27 nothing herein shall be construed to prohibit that person from retaining his or her own 28 counsel; and provided further, that the actual or alleged act, error or omission did not 29 result from that person's intentional or willful or wanton misconduct. 30 (3) The Commission shall indemnify and hold harmless any member, 31 officer, Executive Director, employee or representative of the Commission for the
01 amount of any settlement or judgment obtained against that person arising out of any 02 actual or alleged act, error or omission that occurred within the scope of Commission 03 employment, duties or responsibilities, or that such person had a reasonable basis for 04 believing occurred within the scope of Commission employment, duties or 05 responsibilities, provided that the actual or alleged act, error or omission did not result 06 from the intentional or willful or wanton misconduct of that person. 07 ARTICLE XI. RULEMAKING. 08 (A) The Commission shall exercise its rulemaking powers pursuant to the 09 criteria set forth in this Article and the Rules adopted thereunder. Rules and 10 amendments shall become binding as of the date specified in each Rule or amendment. 11 (B) If a majority of the legislatures of the Compact States rejects a Rule, by 12 enactment of a statute or resolution in the same manner used to adopt the Compact, 13 then such Rule shall have no further force and effect in any Compact State. 14 (C) Rules or amendments to the Rules shall be adopted at a regular or special 15 meeting of the Commission. 16 (D) Prior to promulgation and adoption of a final Rule or Rules by the 17 Commission, and at least sixty (60) days in advance of the meeting at which the Rule 18 will be considered and voted upon, the Commission shall file a notice of proposed 19 rulemaking: 20 (1) On the website of the Commission; and 21 (2) On the website of each Compact States' psychology regulatory 22 authority or the publication in which each state would otherwise publish proposed 23 Rules. 24 (E) The notice of proposed rulemaking shall include: 25 (1) The proposed time, date, and location of the meeting in which the 26 Rule will be considered and voted upon; 27 (2) The text of the proposed Rule or amendment and the reason for the 28 proposed Rule; 29 (3) A request for comments on the proposed Rule from any interested 30 person; and 31 (4) The manner in which interested persons may submit notice to the
01 Commission of their intention to attend the public hearing and any written comments. 02 (F) Prior to adoption of a proposed Rule, the Commission shall allow persons 03 to submit written data, facts, opinions and arguments, which shall be made available to 04 the public. 05 (G) The Commission shall grant an opportunity for a public hearing before it 06 adopts a Rule or amendment if a hearing is requested by: 07 (1) At least twenty-five (25) persons who submit comments 08 independently of each other; 09 (2) A governmental subdivision or agency; or 10 (3) A duly appointed person in an association that has at least twenty- 11 five (25) members. 12 (H) If a hearing is held on the proposed Rule or amendment, the Commission 13 shall publish the place, time, and date of the scheduled public hearing. 14 (1) All persons wishing to be heard at the hearing shall notify the 15 Executive Director of the Commission or other designated member in writing of their 16 desire to appear and testify at the hearing not less than five (5) business days before 17 the scheduled date of the hearing. 18 (2) Hearings shall be conducted in a manner providing each person 19 who wishes to comment a fair and reasonable opportunity to comment orally or in 20 writing. 21 (3) No transcript of the hearing is required, unless a written request for 22 a transcript is made, in which case the person requesting the transcript shall bear the 23 cost of producing the transcript. A recording may be made in lieu of a transcript under 24 the same terms and conditions as a transcript. This subsection shall not preclude the 25 Commission from making a transcript or recording of the hearing if it so chooses. 26 (4) Nothing in this section shall be construed as requiring a separate 27 hearing on each Rule. Rules may be grouped for the convenience of the Commission 28 at hearings required by this section. 29 (I) Following the scheduled hearing date, or by the close of business on the 30 scheduled hearing date if the hearing was not held, the Commission shall consider all 31 written and oral comments received.
01 (J) The Commission shall, by majority vote of all members, take final action 02 on the proposed Rule and shall determine the effective date of the Rule, if any, based 03 on the rulemaking record and the full text of the Rule. 04 (K) If no written notice of intent to attend the public hearing by interested 05 parties is received, the Commission may proceed with promulgation of the proposed 06 Rule without a public hearing. 07 (L) Upon determination that an emergency exists, the Commission may 08 consider and adopt an emergency Rule without prior notice, opportunity for comment, 09 or hearing, provided that the usual rulemaking procedures provided in the Compact 10 and in this section shall be retroactively applied to the Rule as soon as reasonably 11 possible, in no event later than ninety (90) days after the effective date of the Rule. For 12 the purposes of this provision, an emergency Rule is one that must be adopted 13 immediately in order to: 14 (1) Meet an imminent threat to public health, safety, or welfare; 15 (2) Prevent a loss of Commission or Compact State funds; 16 (3) Meet a deadline for the promulgation of an administrative rule that 17 is established by federal law or rule; or 18 (4) Protect public health and safety. 19 (M) The Commission or an authorized committee of the Commission may 20 direct revisions to a previously adopted Rule or amendment for purposes of correcting 21 typographical errors, errors in format, errors in consistency, or grammatical errors. 22 Public notice of any revisions shall be posted on the website of the Commission. The 23 revision shall be subject to challenge by any person for a period of thirty (30) days 24 after posting. The revision may be challenged only on grounds that the revision results 25 in a material change to a Rule. A challenge shall be made in writing, and delivered to 26 the chair of the Commission prior to the end of the notice period. If no challenge is 27 made, the revision will take effect without further action. If the revision is challenged, 28 the revision may not take effect without the approval of the Commission. 29 ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 30 (A) Oversight 31 (1) The executive, legislative and judicial branches of state
01 government in each Compact State shall enforce this Compact and take all actions 02 necessary and appropriate to effectuate the Compact's purposes and intent. The 03 provisions of this Compact and the Rules promulgated hereunder shall have standing 04 as statutory law. 05 (2) All courts shall take judicial notice of the Compact and the Rules in 06 any judicial or administrative proceeding in a Compact State pertaining to the subject 07 matter of this Compact which may affect the powers, responsibilities or actions of the 08 Commission. 09 (3) The Commission shall be entitled to receive service of process in 10 any such proceeding, and shall have standing to intervene in such a proceeding for all 11 purposes. Failure to provide service of process to the Commission shall render a 12 judgment or order void as to the Commission, this Compact or promulgated Rules. 13 (B) Default, Technical Assistance, and Termination 14 (1) If the Commission determines that a Compact State has defaulted 15 in the performance of its obligations or responsibilities under this Compact or the 16 promulgated Rules, the Commission shall: 17 (a) Provide written notice to the defaulting state and other 18 Compact States of the nature of the default, the proposed means of remedying 19 the default and/or any other action to be taken by the Commission; and 20 (b) Provide remedial training and specific technical assistance 21 regarding the default. 22 (2) If a state in default fails to remedy the default, the defaulting state 23 may be terminated from the Compact upon an affirmative vote of a majority of the 24 Compact States, and all rights, privileges and benefits conferred by this Compact shall 25 be terminated on the effective date of termination. A remedy of the default does not 26 relieve the offending state of obligations or liabilities incurred during the period of 27 default. 28 (3) Termination of membership in the Compact shall be imposed only 29 after all other means of securing compliance have been exhausted. Notice of intent to 30 suspend or terminate shall be submitted by the Commission to the governor, the 31 majority and minority leaders of the defaulting state's legislature, and each of the
01 Compact States. 02 (4) A Compact State which has been terminated is responsible for all 03 assessments, obligations and liabilities incurred through the effective date of 04 termination, including obligations which extend beyond the effective date of 05 termination. 06 (5) The Commission shall not bear any costs incurred by the state 07 which is found to be in default or which has been terminated from the Compact, unless 08 agreed upon in writing between the Commission and the defaulting state. 09 (6) The defaulting state may appeal the action of the Commission by 10 petitioning the United States District Court for the State of Georgia or the federal 11 district where the Compact has its principal offices. The prevailing member shall be 12 awarded all costs of such litigation, including reasonable attorney's fees. 13 (C) Dispute Resolution 14 (1) Upon request by a Compact State, the Commission shall attempt to 15 resolve disputes related to the Compact which arise among Compact States and 16 between Compact and Non-Compact States. 17 (2) The Commission shall promulgate a Rule providing for both 18 mediation and binding dispute resolution for disputes that arise before the 19 Commission. 20 (D) Enforcement 21 (1) The Commission, in the reasonable exercise of its discretion, shall 22 enforce the provisions and Rules of this Compact. 23 (2) By majority vote, the Commission may initiate legal action in the 24 United States District Court for the State of Georgia or the federal district where the 25 Compact has its principal offices against a Compact State in default to enforce 26 compliance with the provisions of the Compact and its promulgated Rules and 27 Bylaws. The relief sought may include both injunctive relief and damages. In the event 28 judicial enforcement is necessary, the prevailing member shall be awarded all costs of 29 such litigation, including reasonable attorney's fees. 30 (3) The remedies herein shall not be the exclusive remedies of the 31 Commission. The Commission may pursue any other remedies available under federal
01 or state law. 02 ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY 03 INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED 04 RULES, WITHDRAWAL, AND AMENDMENTS. 05 (A) The Compact shall come into effect on the date on which the Compact is 06 enacted into law in the seventh Compact State. The provisions which become effective 07 at that time shall be limited to the powers granted to the Commission relating to 08 assembly and the promulgation of Rules. Thereafter, the Commission shall meet and 09 exercise rulemaking powers necessary to the implementation and administration of the 10 Compact. 11 (B) Any state which joins the Compact subsequent to the Commission's initial 12 adoption of the Rules shall be subject to the Rules as they exist on the date on which 13 the Compact becomes law in that state. Any Rule which has been previously adopted 14 by the Commission shall have the full force and effect of law on the day the Compact 15 becomes law in that state. 16 (C) Any Compact State may withdraw from this Compact by enacting a 17 statute repealing the same. 18 (1) A Compact State's withdrawal shall not take effect until six (6) 19 months after enactment of the repealing statute. 20 (2) Withdrawal shall not affect the continuing requirement of the 21 withdrawing state's psychology regulatory authority to comply with the investigative 22 and adverse action reporting requirements of this act prior to the effective date of 23 withdrawal. 24 (D) Nothing contained in this Compact shall be construed to invalidate or 25 prevent any psychology licensure agreement or other cooperative arrangement 26 between a Compact State and a Non-Compact State which does not conflict with the 27 provisions of this Compact. 28 (E) This Compact may be amended by the Compact States. No amendment to 29 this Compact shall become effective and binding upon any Compact State until it is 30 enacted into the law of all Compact States. 31 ARTICLE XIV. CONSTRUCTION AND SEVERABILITY.
01 This Compact shall be liberally construed so as to effectuate the purposes 02 thereof. If this Compact shall be held contrary to the constitution of any state member 03 thereto, the Compact shall remain in full force and effect as to the remaining Compact 04 States. 05 * Sec. 24. AS 08 is amended by adding a new chapter to read: 06 Chapter 90. Respiratory Care Practitioners. 07 Sec. 08.90.010. License required. Unless licensed under this chapter, a person 08 may not 09 (1) practice respiratory care; or 10 (2) represent that the person is a respiratory care practitioner, including 11 using the titles "licensed respiratory care practitioner" or "R.C.P." or any other words, 12 abbreviations, signs, or symbols indicating that the person is a licensee. 13 Sec. 08.90.020. Licensure. (a) The department shall issue a license to practice 14 respiratory care to an applicant who submits to the department written evidence, 15 verified by oath, that the applicant has 16 (1) obtained a high school diploma or its equivalent; 17 (2) successfully completed an accredited respiratory care educational 18 program; 19 (3) passed an examination for a registered respiratory therapist 20 credential that is administered by a nationally recognized organization for respiratory 21 therapists and approved by the department in regulation; 22 (4) paid the required fees; and 23 (5) met all other requirements established by the department in 24 regulation. 25 (b) The department shall issue a license to practice respiratory care to an 26 applicant who submits to the department, before the date that is one year after the 27 effective date of this Act, the required fees and written evidence, verified by oath, that 28 the applicant was employed in the state to practice respiratory care under the direction 29 of a physician on or before the effective date of this Act. An applicant issued a license 30 under this subsection may renew the license without meeting the initial licensure 31 requirements provided under (a)(2) and (3) of this section, but is otherwise subject to
01 this chapter. 02 Sec. 08.90.030. Licensure by credentials. The department shall issue a license 03 by credentials to practice respiratory care to an applicant who submits to the 04 department written evidence, verified by oath, that the applicant 05 (1) is currently licensed to practice respiratory care in another state, a 06 territory of the United States, or a foreign country with requirements for licensure that 07 the department determines are substantially equivalent to those required under this 08 chapter; 09 (2) has current valid credentials as a registered respiratory therapist 10 conferred by a nationally recognized organization for respiratory therapists that is 11 approved by the department in regulation; 12 (3) paid the required fees; and 13 (4) met all other requirements established by the department in 14 regulation. 15 Sec. 08.90.040. Evidence of licensure in other jurisdictions. An applicant for 16 a license under AS 08.90.020 or 08.90.030 must submit evidence to the department of 17 all licenses granted to the applicant to practice respiratory care in another state, a 18 territory of the United States, or a foreign country and whether that license is in good 19 standing. 20 Sec. 08.90.050. License renewal. The department may renew a license issued 21 under this chapter only if the licensee submits proof to the department that the licensee 22 completed 20 credit hours of continuing respiratory care education during the previous 23 licensing period. 24 Sec. 08.90.060. Scope of practice of respiratory care; qualified medical 25 directors. (a) A licensee may, under the supervision of a qualified medical director 26 and as authorized either under a medically approved protocol or under a written or oral 27 order from an authorized provider, perform the management, rehabilitation, diagnostic 28 evaluation, and care of a patient with a deficiency or abnormality of the 29 cardiopulmonary system and associated aspects of other system functions, including 30 (1) providing pulmonary care services that are safe, aseptic, and 31 preventive or restorative to the patient;
01 (2) administering to the patient pharmacological, diagnostic, and 02 therapeutic agents related to respiratory care procedures that are necessary to 03 implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic 04 regimen prescribed by an authorized provider; 05 (3) making observations of the patient and monitoring the patient's 06 signs, symptoms, behavior, and physical responses to respiratory therapy treatment to 07 determine whether the patient exhibits any abnormal characteristics and, based on 08 those determinations, refer the patient, implement respiratory therapy protocols, or 09 change the patient's treatment regimen; 10 (4) employing on the patient the diagnostic or therapeutic use of 11 (A) medical gases, excluding general anesthesia; 12 (B) aerosols; 13 (C) humidification; 14 (D) pharmacological agents related to respiratory care 15 procedures; 16 (E) mechanical or physiological ventilatory support; 17 (F) bronchopulmonary hygiene procedures; 18 (G) oxygen therapy; 19 (H) telehealth as permitted under AS 08.02.130; 20 (I) cardiopulmonary disease management; and 21 (J) instruction on tobacco cessation; 22 (5) diagnostic or therapeutic techniques that may be medically 23 essential to maintaining the patient's good respiratory health, including 24 (A) maintaining natural airways; 25 (B) inserting, without cutting tissue, and maintaining artificial 26 airways; 27 (C) collecting blood and other body fluids, including specimens 28 from the respiratory tract; 29 (D) collecting inspired and expired gas samples; 30 (E) analyzing blood samples and respiratory secretions; 31 (F) measuring ventilatory volumes, pressures, and flows;
01 (G) measuring hemodynamic and other physiological 02 parameters of the cardiopulmonary system; 03 (H) performing cardiopulmonary resuscitation; and 04 (I) implementing and maintaining environmental control 05 systems and hyperbaric therapy; 06 (6) transcribing the written or oral orders of an authorized provider 07 regarding the patient; 08 (7) providing instruction and education to the patient on the proper 09 methods of providing self-care and preventing cardiopulmonary disease and other 10 conditions requiring the use of respiratory care equipment and techniques; 11 (8) participating in air and ground transport of the patient; 12 (9) inserting and maintaining invasive lines for the patient; 13 (10) managing and maintaining an extracorporeal membrane 14 oxygenation unit for the patient; 15 (11) determining which medically approved respiratory care protocols 16 should be followed for the patient, in the absence of an authorized provider, during an 17 emergency; 18 (12) establishing procedures for administering treatment and testing of 19 the patient ordered by an authorized provider to aid diagnosis, patient health 20 monitoring, or medical research; and 21 (13) providing inhalation and respiratory therapy to the patient. 22 (b) A licensee may practice respiratory care in a clinic, hospital, skilled 23 nursing facility, or private dwelling. A licensee may practice respiratory care in 24 another location if the department determines that the location is appropriate or 25 necessary, the location is authorized by a physician in a written or oral order, and the 26 practices performed at the location are performed under the supervision of a qualified 27 medical director. 28 (c) A licensee may perform advanced techniques not ordinarily in the scope of 29 practice of respiratory care if the licensee has received formal training to perform 30 those techniques from a respiratory care educational program that 31 (1) is accredited, supervised, and structured;
01 (2) evaluated the competence of the licensee through a standardized 02 testing mechanism; and 03 (3) included clinical, didactic, and laboratory activities. 04 (d) A qualified medical director supervising a licensee under (a) of this section 05 shall be readily accessible to the licensee and is responsible for the quality, safety, and 06 appropriateness of the respiratory care services provided by the licensee. 07 (e) In this section, 08 (1) "authorized provider" means a physician or physician assistant 09 licensed under AS 08.64 or advanced practice registered nurse licensed under 10 AS 08.68 acting within the scope of the license; 11 (2) "home health agency" means a public agency or private 12 organization, or a subdivision of a public agency or private organization, that 13 primarily engages in providing skilled nursing services in combination with 14 respiratory therapy, physical therapy, occupational therapy, speech therapy, or services 15 provided by a home health aide to an individual in the individual's home, an assisted 16 living home, or another residential setting; 17 (3) "public agency" means an agency operated by the state or a local 18 government; 19 (4) "qualified medical director" means a physician who 20 (A) is licensed to practice medicine in the state and is legally 21 authorized to direct an inpatient or outpatient health care organization, home 22 health agency, assisted living home, or the health care division or department 23 of a hospital, medical clinic, or other medical health maintenance facility; and 24 (B) has substantial professional training or experience in the 25 management of acute and chronic respiratory disorders; 26 (5) "subdivision" means a component of a multi-function facility or 27 home health agency, such as the home health care division of a hospital or the division 28 of a public agency, that independently meets the requirements for licensure as a home 29 health agency. 30 Sec. 08.90.070. Disciplinary sanctions. (a) The department may revoke, 31 suspend, or refuse to issue a license to a person if the department finds that the person
01 (1) secured or attempted to secure a license to practice respiratory care 02 through fraud, deceit, or intentional misrepresentation; 03 (2) is unfit or incompetent to practice respiratory care; 04 (3) uses drugs or alcohol in a manner that affects the person's ability to 05 practice respiratory care competently and safely; 06 (4) engaged in dishonest or unethical conduct in connection with the 07 delivery of respiratory care services to patients; 08 (5) used or attempted to use as valid a license to practice respiratory 09 care that was illegally or fraudulently obtained; 10 (6) practiced respiratory care after the revocation, suspension, or 11 expiration of the person's license; 12 (7) failed to meet the standards of practice for respiratory care, 13 including 14 (A) wilfully and repeatedly ordering and performing laboratory 15 tests or studies that were unnecessary and clinically unjustifiable; or 16 (B) administrating treatment that was unnecessary and 17 clinically unjustifiable; 18 (8) violated, or aided or abetted another person in violating, this 19 chapter; 20 (9) has been convicted of 21 (A) a felony that materially affects the ability to safely practice 22 respiratory care; or 23 (B) insurance fraud; 24 (10) failed to disclose that a license to practice respiratory care in 25 another state, a territory of the United States, or a foreign country is not in good 26 standing. 27 (b) When determining whether to refuse to issue a license to an applicant or 28 impose a disciplinary sanction on a licensee under (a)(3) of this section, the 29 department shall consider whether an applicant or licensee is participating in a 30 substance abuse program. 31 Sec. 08.90.080. Exceptions. (a) This chapter does not apply to
01 (1) a person licensed in this state under a statute outside this chapter 02 who performs respiratory care within the scope of practice for which the person's 03 license was issued; 04 (2) a student enrolled in an accredited respiratory care educational 05 program who is 06 (A) practicing respiratory care as an integral part of the 07 program; or 08 (B) practicing respiratory care, within limits established by the 09 department, as an employee of a health care provider while a licensee or 10 physician is available to communicate with, consult with, and assist the 11 student; 12 (3) a person who is not a licensee and practices respiratory care as self- 13 care or care for a member of the person's family; 14 (4) a person practicing respiratory care in an emergency; 15 (5) a person practicing respiratory care within the scope of the person's 16 duties while 17 (A) in the armed forces of the United States; or 18 (B) working in a federal facility; 19 (6) a person employed in a diagnostic laboratory, physician's office, 20 clinic, or outpatient treatment facility that is administering treatment or performing 21 diagnostic procedures in that location under the direction of a physician; and 22 (7) a person employed by a durable or home medical equipment 23 company who delivers, calibrates, or maintains respiratory care equipment and does 24 not assess or evaluate patients. 25 (b) A student practicing respiratory care shall use the title 26 (1) "student respiratory care practitioner" or "student R.C.P." if 27 practicing under (a)(2)(A) of this section; and 28 (2) "student respiratory care practitioner," "trainee respiratory care 29 practitioner," "student R.C.P.," or "trainee R.C.P." if practicing under (a)(2)(B) of this 30 section. 31 Sec. 08.90.090. Criminal penalty. A person who violates or aids a person in a
01 violation of this chapter is guilty of a class B misdemeanor. 02 Sec. 08.90.100. Regulations. The department may adopt regulations to carry 03 out the purposes of this chapter. 04 Sec. 08.90.990. Definitions. In this chapter, 05 (1) "accredited respiratory care educational program" means a 06 respiratory care educational program that is 07 (A) accredited by a national health education accrediting body 08 in collaboration with a national respiratory care accrediting body; and 09 (B) approved by the department; 10 (2) "department" means the Department of Commerce, Community, 11 and Economic Development; 12 (3) "licensee" means a person licensed to practice respiratory care 13 under this chapter; 14 (4) "physician" means a person licensed as a physician under 15 AS 08.64. 16 * Sec. 25. AS 09.55.560(2) is amended to read: 17 (2) "health care provider" means an acupuncturist licensed under 18 AS 08.06; an audiologist or speech-language pathologist licensed under AS 08.11; a 19 chiropractor licensed under AS 08.20; a dental hygienist licensed under AS 08.32; a 20 dentist licensed under AS 08.36; a genetic counselor licensed under AS 08.53; a 21 nurse licensed under AS 08.68; a dispensing optician licensed under AS 08.71; a 22 naturopath licensed under AS 08.45; an optometrist licensed under AS 08.72; a 23 pharmacist licensed under AS 08.80; a physical therapist or occupational therapist 24 licensed under AS 08.84; a physician or physician assistant licensed under AS 08.64; a 25 podiatrist; a psychologist and a psychological associate licensed under AS 08.86; a 26 hospital as defined in AS 47.32.900, including a governmentally owned or operated 27 hospital; an employee of a health care provider acting within the course and scope of 28 employment; an ambulatory surgical facility and other organizations whose primary 29 purpose is the delivery of health care, including a health maintenance organization, 30 individual practice association, integrated delivery system, preferred provider 31 organization or arrangement, and a physical hospital organization;
01 * Sec. 26. AS 09.55.560(2), as amended by sec. 25 of this Act, is amended to read: 02 (2) "health care provider" means an acupuncturist licensed under 03 AS 08.06; an audiologist or speech-language pathologist licensed under AS 08.11; a 04 chiropractor licensed under AS 08.20; a dental hygienist licensed under AS 08.32; a 05 dentist licensed under AS 08.36; a genetic counselor licensed under AS 08.53; a nurse 06 licensed under AS 08.68; a dispensing optician licensed under AS 08.71; a naturopath 07 licensed under AS 08.45; an optometrist licensed under AS 08.72; a pharmacist 08 licensed under AS 08.80; a respiratory care practitioner licensed under AS 08.90; 09 a physical therapist or occupational therapist licensed under AS 08.84; a physician or 10 physician assistant licensed under AS 08.64; a podiatrist; a psychologist and a 11 psychological associate licensed under AS 08.86; a hospital as defined in 12 AS 47.32.900, including a governmentally owned or operated hospital; an employee 13 of a health care provider acting within the course and scope of employment; an 14 ambulatory surgical facility and other organizations whose primary purpose is the 15 delivery of health care, including a health maintenance organization, individual 16 practice association, integrated delivery system, preferred provider organization or 17 arrangement, and a physical hospital organization; 18 * Sec. 27. AS 09.65.300(c)(1) is amended to read: 19 (1) "health care provider" means a physician, physician assistant, 20 dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, 21 practical nurse, advanced practice registered nurse, naturopath, physical therapist, 22 occupational therapist, marital and family therapist, psychologist, psychological 23 associate, behavior analyst, assistant behavior analyst, licensed clinical social worker, 24 athletic trainer, certified direct-entry midwife, genetic counselor, licensed 25 professional counselor, or licensed associate counselor; 26 * Sec. 28. AS 09.65.300(c)(1), as amended by sec. 27 of this Act, is amended to read: 27 (1) "health care provider" means a physician, physician assistant, 28 dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, 29 practical nurse, advanced practice registered nurse, naturopath, respiratory care 30 practitioner, physical therapist, occupational therapist, marital and family therapist, 31 psychologist, psychological associate, behavior analyst, assistant behavior analyst,
01 licensed clinical social worker, athletic trainer, certified direct-entry midwife, genetic 02 counselor, licensed professional counselor, or licensed associate counselor; 03 * Sec. 29. AS 12.62.400(a) is amended by adding new paragraphs to read: 04 (26) licensure as a physician, osteopath, podiatrist, or physician 05 assistant under AS 08.64, including an expedited license as a physician or osteopath 06 under AS 08.64.253 or compact privilege to practice as a physician assistant under 07 AS 08.64.254; 08 (27) licensure as a psychologist under AS 08.86, including an authority 09 to practice under AS 08.86.225; 10 (28) certification or licensure as an emergency medical technician or 11 mobile intensive care paramedic under AS 18.08 or as an advanced emergency 12 medical technician under regulations adopted under AS 18.08, including a privilege to 13 practice under AS 18.08.105. 14 * Sec. 30. AS 14.30.141(e) is amended to read: 15 (e) In this section, "health care provider" means a licensed physician, 16 advanced practice registered nurse, respiratory care practitioner, physician assistant, 17 village health aide, or pharmacist operating within the scope of the health care 18 provider's authority. 19 * Sec. 31. AS 18.08.082 is amended by adding new subsections to read: 20 (d) An applicant for a license or certificate as an emergency medical 21 technician or mobile intensive care paramedic under this section or as an advanced 22 emergency medical technician under regulations adopted under this chapter shall 23 submit to the department the applicant's fingerprints and the fees required by the 24 Department of Public Safety under AS 12.62.160 for criminal justice information and 25 a national criminal history record check. The department shall forward the fingerprints 26 and fees to the Department of Public Safety to obtain a report of criminal justice 27 information under AS 12.62 and a national criminal history record check under 28 AS 12.62.400. Criminal justice information and criminal history record information 29 obtained under this subsection may only be used by the department for the purpose of 30 determining an applicant's qualifications and fitness for a license or privilege to 31 practice under this chapter.
01 (e) The department shall implement the recognition of EMS personnel 02 licensure interstate compact under AS 18.08.105. 03 * Sec. 32. AS 18.08 is amended by adding a new section to read: 04 Sec. 18.08.105. Recognition of EMS personnel licensure interstate 05 compact. The recognition of EMS personnel licensure interstate compact as contained 06 in this section is enacted into law and entered into on behalf of the state with all other 07 states and jurisdictions legally joining it in a form substantially as follows: 08 SECTION 1. PURPOSE. 09 In order to protect the public through verification of competency and ensure 10 accountability for patient care related activities all states license emergency medical 11 services (EMS) personnel, such as emergency medical technicians (EMTs), advanced 12 EMTs and paramedics. This Compact is intended to facilitate the day-to-day 13 movement of EMS personnel across state boundaries in the performance of their EMS 14 duties as assigned by an appropriate authority and authorize state EMS offices to 15 afford immediate legal recognition to EMS personnel licensed in a member state. This 16 Compact recognizes that states have a vested interest in protecting the public's health 17 and safety through their licensing and regulation of EMS personnel and that such state 18 regulation shared among the member states will best protect public health and safety. 19 This Compact is designed to achieve the following purposes and objectives: 20 (1) increase public access to EMS personnel; 21 (2) enhance the states' ability to protect the public's health and safety, 22 especially patient safety; 23 (3) encourage the cooperation of member states in the areas of EMS 24 personnel licensure and regulation; 25 (4) support licensing of military members who are separating from an 26 active-duty tour and their spouses; 27 (5) facilitate the exchange of information between member states 28 regarding EMS personnel licensure, adverse action and significant investigatory 29 information; 30 (6) promote compliance with the laws governing EMS personnel 31 practice in each member state; and
01 (7) invest all member states with the authority to hold EMS personnel 02 accountable through the mutual recognition of member state licenses. 03 SECTION 2. DEFINITIONS. 04 In this Compact: 05 (A) "Advanced Emergency Medical Technician" and "AEMT" mean: an 06 individual licensed with cognitive knowledge and a scope of practice that corresponds 07 to that level in the National EMS Education Standards and National EMS Scope of 08 Practice Model. 09 (B) "Adverse Action" means: any administrative, civil, equitable or criminal 10 action permitted by a state's laws which may be imposed against licensed EMS 11 personnel by a state EMS authority or state court, including, but not limited to, actions 12 against an individual's license such as revocation, suspension, probation, consent 13 agreement, monitoring or other limitation or encumbrance on the individual's practice, 14 letters of reprimand or admonition, fines, criminal convictions and state court 15 judgments enforcing adverse actions by the state EMS authority. 16 (C) "Alternative program" means: a voluntary, non-disciplinary substance 17 abuse recovery program approved by a state EMS authority. 18 (D) "Certification" means: the successful verification of entry-level cognitive 19 and psychomotor competency using a reliable, validated, and legally defensible 20 examination. 21 (E) "Commission" means: the national administrative body of which all states 22 that have enacted the Compact are members. 23 (F) "Emergency Medical Technician" and "EMT" mean: an individual 24 licensed with cognitive knowledge and a scope of practice that corresponds to that 25 level in the National EMS Education Standards and National EMS Scope of Practice 26 Model. 27 (G) "Home State" means: a member state where an individual is licensed to 28 practice emergency medical services. 29 (H) "License" means: the authorization by a state for an individual to practice 30 as an EMT, AEMT, paramedic, or a level in between EMT and paramedic. 31 (I) "Medical Director" means: a physician licensed in a member state who is
01 accountable for the care delivered by EMS personnel. 02 (J) "Member State" means: a state that has enacted this Compact. 03 (K) "Paramedic" means: an individual licensed with cognitive knowledge and 04 a scope of practice that corresponds to that level in the National EMS Education 05 Standards and National EMS Scope of Practice Model. 06 (L) "Privilege to Practice" means: an individual's authority to deliver 07 emergency medical services in remote states as authorized under this Compact. 08 (M) "Remote State" means: a member state in which an individual is not 09 licensed. 10 (N) "Restricted" means: the outcome of an adverse action that limits a license 11 or the privilege to practice. 12 (O) "Rule" means: a written statement by the interstate Commission 13 promulgated pursuant to Section 12 of this Compact that is of general applicability; 14 implements, interprets, or prescribes a policy or provision of the Compact; or is an 15 organizational, procedural, or practice requirement of the Commission and has the 16 force and effect of statutory law in a member state and includes the amendment, 17 repeal, or suspension of an existing rule. 18 (P) "Scope of Practice" means: defined parameters of various duties or 19 services that may be provided by an individual with specific credentials. Whether 20 regulated by rule, statute, or court decision, it tends to represent the limits of services 21 an individual may perform. 22 (Q) "Significant Investigatory Information" means: 23 (1) investigative information that a state EMS authority, after a 24 preliminary inquiry that includes notification and an opportunity to respond if required 25 by state law, has reason to believe, if proved true, would result in the imposition of an 26 adverse action on a license or privilege to practice; or 27 (2) investigative information that indicates that the individual 28 represents an immediate threat to public health and safety regardless of whether the 29 individual has been notified and had an opportunity to respond. 30 (R) "State" means: any state, commonwealth, district, or territory of the 31 United States.
01 (S) "State EMS Authority" means: the board, office, or other agency with the 02 legislative mandate to license EMS personnel. 03 SECTION 3. HOME STATE LICENSURE. 04 (A) Any member state in which an individual holds a current license shall be 05 deemed a home state for purposes of this Compact. 06 (B) Any member state may require an individual to obtain and retain a license 07 to be authorized to practice in the member state under circumstances not authorized by 08 the privilege to practice under the terms of this Compact. 09 (C) A home state's license authorizes an individual to practice in a remote 10 state under the privilege to practice only if the home state: 11 (1) Currently requires the use of the National Registry of Emergency 12 Medical Technicians (NREMT) examination as a condition of issuing initial licenses 13 at the EMT and paramedic levels; 14 (2) Has a mechanism in place for receiving and investigating 15 complaints about individuals; 16 (3) Notifies the Commission, in compliance with the terms herein, of 17 any adverse action or significant investigatory information regarding an individual; 18 (4) No later than five years after activation of the Compact, requires a 19 criminal background check of all applicants for initial licensure, including the use of 20 the results of fingerprint or other biometric data checks compliant with the 21 requirements of the Federal Bureau of Investigation with the exception of federal 22 employees who have suitability determination in accordance with 5 C.F.R. 731.202 23 and submit documentation of such as promulgated in the rules of the Commission; and 24 (5) Complies with the rules of the Commission. 25 SECTION 4. COMPACT PRIVILEGE TO PRACTICE. 26 (A) Member states shall recognize the privilege to practice of an individual 27 licensed in another member state that is in conformance with Section 3. 28 (B) To exercise the privilege to practice under the terms and provisions of this 29 Compact, an individual must: 30 (1) Be at least 18 years of age; 31 (2) Possess a current unrestricted license in a member state as an EMT,
01 AEMT, paramedic, or state recognized and licensed level with a scope of practice and 02 authority between EMT and paramedic; and 03 (3) Practice under the supervision of a medical director. 04 (C) An individual providing patient care in a remote state under the privilege 05 to practice shall function within the scope of practice authorized by the home state 06 unless and until modified by an appropriate authority in the remote state as may be 07 defined in the rules of the commission. 08 (D) Except as provided in Section 4(C), an individual practicing in a remote 09 state will be subject to the remote state's authority and laws. A remote state may, in 10 accordance with due process and that state's laws, restrict, suspend, or revoke an 11 individual's privilege to practice in the remote state and may take any other necessary 12 actions to protect the health and safety of its citizens. If a remote state takes action it 13 shall promptly notify the home state and the Commission. 14 (E) If an individual's license in any home state is restricted or suspended, the 15 individual shall not be eligible to practice in a remote state under the privilege to 16 practice until the individual's home state license is restored. 17 (F) If an individual's privilege to practice in any remote state is restricted, 18 suspended, or revoked the individual shall not be eligible to practice in any remote 19 state until the individual's privilege to practice is restored. 20 SECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE. 21 An individual may practice in a remote state under a privilege to practice only 22 in the performance of the individual's EMS duties as assigned by an appropriate 23 authority, as defined in the rules of the Commission, and under the following 24 circumstances: 25 (1) The individual originates a patient transport in a home state and 26 transports the patient to a remote state; 27 (2) The individual originates in the home state and enters a remote 28 state to pick up a patient and provide care and transport of the patient to the home 29 state; 30 (3) The individual enters a remote state to provide patient care and/or 31 transport within that remote state;
01 (4) The individual enters a remote state to pick up a patient and 02 provide care and transport to a third member state; 03 (5) Other conditions as determined by rules promulgated by the 04 commission. 05 SECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE 06 COMPACT. 07 Upon a member state's governor's declaration of a state of emergency or 08 disaster that activates the Emergency Management Assistance Compact (EMAC), all 09 relevant terms and provisions of EMAC shall apply and to the extent any terms or 10 provisions of this Compact conflicts with EMAC, the terms of EMAC shall prevail 11 with respect to any individual practicing in the remote state in response to such 12 declaration. 13 SECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE-DUTY 14 MILITARY, AND THEIR SPOUSES. 15 (A) Member states shall consider a veteran, active military service member, 16 and member of the National Guard and Reserves separating from an active-duty tour, 17 and a spouse thereof, who holds a current valid and unrestricted NREMT certification 18 at or above the level of the state license being sought as satisfying the minimum 19 training and examination requirements for such licensure. 20 (B) Member states shall expedite the processing of licensure applications 21 submitted by veterans, active military service members, and members of the National 22 Guard and Reserves separating from an active-duty tour, and their spouses. 23 (C) All individuals functioning with a privilege to practice under this Section 24 remain subject to the Adverse Actions provisions of Section 8. 25 SECTION 8. ADVERSE ACTIONS. 26 (A) A home state shall have exclusive power to impose adverse action against 27 an individual's license issued by the home state. 28 (B) If an individual's license in any home state is restricted or suspended, the 29 individual shall not be eligible to practice in a remote state under the privilege to 30 practice until the individual's home state license is restored. 31 (1) All home state adverse action orders shall include a statement that
01 the individual's Compact privileges are inactive. The order may allow the individual to 02 practice in remote states with prior written authorization from both the home state and 03 remote state's EMS authority. 04 (2) An individual currently subject to adverse action in the home state 05 shall not practice in any remote state without prior written authorization from both the 06 home state and remote state's EMS authority. 07 (C) A member state shall report adverse actions and any occurrences that the 08 individual's Compact privileges are restricted, suspended, or revoked to the 09 Commission in accordance with the rules of the Commission. 10 (D) A remote state may take adverse action on an individual's privilege to 11 practice within that state. 12 (E) Any member state may take adverse action against an individual's 13 privilege to practice in that state based on the factual findings of another member state, 14 so long as each state follows its own procedures for imposing such adverse action. 15 (F) A home state's EMS authority shall investigate and take appropriate action 16 with respect to reported conduct in a remote state as it would if such conduct had 17 occurred within the home state. In such cases, the home state's law shall control in 18 determining the appropriate adverse action. 19 (G) Nothing in this Compact shall override a member state's decision that 20 participation in an alternative program may be used in lieu of adverse action and that 21 such participation shall remain non-public if required by the member state's laws. 22 Member states must require individuals who enter any alternative programs to agree 23 not to practice in any other member state during the term of the alternative program 24 without prior authorization from such other member state. 25 SECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S EMS 26 AUTHORITY. 27 A member state's EMS authority, in addition to any other powers granted 28 under state law, is authorized under this Compact to: 29 (1) Issue subpoenas for both hearings and investigations that require 30 the attendance and testimony of witnesses and the production of evidence. Subpoenas 31 issued by a member state's EMS authority for the attendance and testimony of
01 witnesses, and/or the production of evidence from another member state, shall be 02 enforced in the remote state by any court of competent jurisdiction, according to that 03 court's practice and procedure in considering subpoenas issued in its own proceedings. 04 The issuing state EMS authority shall pay any witness fees, travel expenses, mileage, 05 and other fees required by the service statutes of the state where the witnesses and/or 06 evidence are located; and 07 (2) Issue cease and desist orders to restrict, suspend, or revoke an 08 individual's privilege to practice in the state. 09 SECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS 10 PERSONNEL PRACTICE. 11 (A) The Compact states hereby create and establish a joint public agency 12 known as the Interstate Commission for EMS Personnel Practice. 13 (1) The Commission is a body politic and an instrumentality of the 14 Compact states. 15 (2) Venue is proper and judicial proceedings by or against the 16 Commission shall be brought solely and exclusively in a court of competent 17 jurisdiction where the principal office of the Commission is located. The Commission 18 may waive venue and jurisdictional defenses to the extent it adopts or consents to 19 participate in alternative dispute resolution proceedings. 20 (3) Nothing in this Compact shall be construed to be a waiver of 21 sovereign immunity. 22 (B) Membership, Voting, and Meetings. 23 (1) Each member state shall have and be limited to one (1) delegate. 24 The responsible official of the state EMS authority or his designee shall be the 25 delegate to this Compact for each member state. Any delegate may be removed or 26 suspended from office as provided by the law of the state from which the delegate is 27 appointed. Any vacancy occurring in the Commission shall be filled in accordance 28 with the laws of the member state in which the vacancy exists. In the event that more 29 than one board, office, or other agency with the legislative mandate to license EMS 30 personnel at and above the level of EMT exists, the Governor of the state will 31 determine which entity will be responsible for assigning the delegate.
01 (2) Each delegate shall be entitled to one (1) vote with regard to the 02 promulgation of rules and creation of bylaws and shall otherwise have an opportunity 03 to participate in the business and affairs of the Commission. A delegate shall vote in 04 person or by such other means as provided in the bylaws. The bylaws may provide for 05 delegates' participation in meetings by telephone or other means of communication. 06 (3) The Commission shall meet at least once during each calendar 07 year. Additional meetings shall be held as set forth in the bylaws. 08 (4) All meetings shall be open to the public, and public notice of 09 meetings shall be given in the same manner as required under the rulemaking 10 provisions in Section 7. 11 (5) The Commission may convene in a closed, non-public meeting if 12 the Commission must discuss: 13 (a) Non-compliance of a member state with its obligations 14 under the Compact; 15 (b) The employment, compensation, discipline or other 16 personnel matters, practices or procedures related to specific employees or 17 other matters related to the Commission's internal personnel practices and 18 procedures; 19 (c) Current, threatened, or reasonably anticipated litigation; 20 (d) Negotiation of contracts for the purchase or sale of goods, 21 services, or real estate; 22 (e) Accusing any person of a crime or formally censuring any 23 person; 24 (f) Disclosure of trade secrets or commercial or financial 25 information that is privileged or confidential; 26 (g) Disclosure of information of a personal nature where 27 disclosure would constitute a clearly unwarranted invasion of personal privacy; 28 (h) Disclosure of investigatory records compiled for law 29 enforcement purposes; 30 (i) Disclosure of information related to any investigatory 31 reports prepared by or on behalf of or for use of the Commission or other
01 committee charged with responsibility of investigation or determination of 02 compliance issues pursuant to the Compact; or 03 (j) Matters specifically exempted from disclosure by federal or 04 member state statute. 05 (6) If a meeting, or portion of a meeting, is closed pursuant to this 06 provision, the Commission's legal counsel or designee shall certify that the meeting 07 may be closed and shall reference each relevant exempting provision. The 08 Commission shall keep minutes that fully and clearly describe all matters discussed in 09 a meeting and shall provide a full and accurate summary of actions taken, and the 10 reasons therefore, including a description of the views expressed. All documents 11 considered in connection with an action shall be identified in such minutes. All 12 minutes and documents of a closed meeting shall remain under seal, subject to release 13 by a majority vote of the Commission or order of a court of competent jurisdiction. 14 (C) The Commission shall, by a majority vote of the delegates, prescribe 15 bylaws and/or rules to govern its conduct as may be necessary or appropriate to carry 16 out the purposes and exercise the powers of the Compact, including but not limited to: 17 (1) Establishing the fiscal year of the Commission; 18 (2) Providing reasonable standards and procedures: 19 (a) for the establishment and meetings of other committees; and 20 (b) governing any general or specific delegation of any 21 authority or function of the Commission; 22 (3) Providing reasonable procedures for calling and conducting 23 meetings of the Commission, ensuring reasonable advance notice of all meetings, and 24 providing an opportunity for attendance of such meetings by interested parties, with 25 enumerated exceptions designed to protect the public's interest, the privacy of 26 individuals, and proprietary information, including trade secrets. The Commission 27 may meet in closed session only after a majority of the membership votes to close a 28 meeting in whole or in part. As soon as practicable, the Commission must make public 29 a copy of the vote to close the meeting revealing the vote of each member with no 30 proxy votes allowed; 31 (4) Establishing the titles, duties and authority, and reasonable
01 procedures for the election of the officers of the Commission; 02 (5) Providing reasonable standards and procedures for the 03 establishment of the personnel policies and programs of the Commission. 04 Notwithstanding any civil service or other similar laws of any member state, the 05 bylaws shall exclusively govern the personnel policies and programs of the 06 Commission; 07 (6) Promulgating a code of ethics to address permissible and prohibited 08 activities of Commission members and employees; 09 (7) Providing a mechanism for winding up the operations of the 10 Commission and the equitable disposition of any surplus funds that may exist after the 11 termination of the Compact after the payment and/or reserving of all of its debts and 12 obligations; 13 (8) The Commission shall publish its bylaws and file a copy thereof, 14 and a copy of any amendment thereto, with the appropriate agency or officer in each 15 of the member states, if any; 16 (9) The Commission shall maintain its financial records in accordance 17 with the bylaws; 18 (10) The Commission shall meet and take such actions as are 19 consistent with the provisions of this Compact and the bylaws. 20 (D) The Commission shall have the following powers: 21 (1) The authority to promulgate uniform rules to facilitate and 22 coordinate implementation and administration of this Compact. The rules shall have 23 the force and effect of law and shall be binding in all member states; 24 (2) To bring and prosecute legal proceedings or actions in the name of 25 the Commission, provided that the standing of any state EMS authority or other 26 regulatory body responsible for EMS personnel licensure to sue or be sued under 27 applicable law shall not be affected; 28 (3) To purchase and maintain insurance and bonds; 29 (4) To borrow, accept, or contract for services of personnel, including, 30 but not limited to, employees of a member state; 31 (5) To hire employees, elect or appoint officers, fix compensation,
01 define duties, grant such individuals appropriate authority to carry out the purposes of 02 the Compact, and to establish the Commission's personnel policies and programs 03 relating to conflicts of interest, qualifications of personnel, and other related personnel 04 matters; 05 (6) To accept any and all appropriate donations and grants of money, 06 equipment, supplies, materials and services, and to receive, utilize and dispose of the 07 same; provided that at all times the Commission shall strive to avoid any appearance 08 of impropriety and/or conflict of interest; 09 (7) To lease, purchase, accept appropriate gifts or donations of, or 10 otherwise to own, hold, improve or use, any property, real, personal or mixed; 11 provided that at all times the Commission shall strive to avoid any appearance of 12 impropriety; 13 (8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or 14 otherwise dispose of any property real, personal, or mixed; 15 (9) To establish a budget and make expenditures; 16 (10) To borrow money; 17 (11) To appoint committees, including advisory committees comprised 18 of members, state regulators, state legislators or their representatives, and consumer 19 representatives, and such other interested persons as may be designated in this 20 Compact and the bylaws; 21 (12) To provide and receive information from, and to cooperate with, 22 law enforcement agencies; 23 (13) To adopt and use an official seal; and 24 (14) To perform such other functions as may be necessary or 25 appropriate to achieve the purposes of this Compact consistent with the state 26 regulation of EMS personnel licensure and practice. 27 (E) Financing of the Commission. 28 (1) The Commission shall pay, or provide for the payment of, the 29 reasonable expenses of its establishment, organization, and ongoing activities. 30 (2) The Commission may accept any and all appropriate revenue 31 sources, donations, and grants of money, equipment, supplies, materials, and services.
01 (3) The Commission may levy on and collect an annual assessment 02 from each member state or impose fees on other parties to cover the cost of the 03 operations and activities of the Commission and its staff, which must be in a total 04 amount sufficient to cover its annual budget as approved each year for which revenue 05 is not provided by other sources. The aggregate annual assessment amount shall be 06 allocated based upon a formula to be determined by the Commission, which shall 07 promulgate a rule binding upon all member states. 08 (4) The Commission shall not incur obligations of any kind prior to 09 securing the funds adequate to meet the same; nor shall the Commission pledge the 10 credit of any of the member states, except by and with the authority of the member 11 state. 12 (5) The Commission shall keep accurate accounts of all receipts and 13 disbursements. The receipts and disbursements of the Commission shall be subject to 14 the audit and accounting procedures established under its bylaws. However, all 15 receipts and disbursements of funds handled by the Commission shall be audited 16 yearly by a certified or licensed public accountant, and the report of the audit shall be 17 included in and become part of the annual report of the Commission. 18 (F) Qualified Immunity, Defense, and Indemnification. 19 (1) The members, officers, executive director, employees and 20 representatives of the Commission shall be immune from suit and liability, either 21 personally or in their official capacity, for any claim for damage to or loss of property 22 or personal injury or other civil liability caused by or arising out of any actual or 23 alleged act, error or omission that occurred, or that the person against whom the claim 24 is made had a reasonable basis for believing occurred within the scope of Commission 25 employment, duties or responsibilities; provided that nothing in this paragraph shall be 26 construed to protect any such person from suit and/or liability for any damage, loss, 27 injury, or liability caused by the intentional or willful or wanton misconduct of that 28 person. 29 (2) The Commission shall defend any member, officer, executive 30 director, employee or representative of the Commission in any civil action seeking to 31 impose liability arising out of any actual or alleged act, error, or omission that
01 occurred within the scope of Commission employment, duties, or responsibilities, or 02 that the person against whom the claim is made had a reasonable basis for believing 03 occurred within the scope of Commission employment, duties, or responsibilities; 04 provided that nothing herein shall be construed to prohibit that person from retaining 05 his or her own counsel; and provided further, that the actual or alleged act, error, or 06 omission did not result from that person's intentional or willful or wanton misconduct. 07 (3) The Commission shall indemnify and hold harmless any member, 08 officer, executive director, employee, or representative of the Commission for the 09 amount of any settlement or judgment obtained against that person arising out of any 10 actual or alleged act, error or omission that occurred within the scope of Commission 11 employment, duties, or responsibilities, or that such person had a reasonable basis for 12 believing occurred within the scope of Commission employment, duties, or 13 responsibilities, provided that the actual or alleged act, error, or omission did not result 14 from the intentional or willful or wanton misconduct of that person. 15 SECTION 11. COORDINATED DATABASE. 16 (A) The Commission shall provide for the development and maintenance of a 17 coordinated database and reporting system containing licensure, adverse action, and 18 significant investigatory information on all licensed individuals in member states. 19 (B) Notwithstanding any other provision of state law to the contrary, a 20 member state shall submit a uniform data set to the coordinated database on all 21 individuals to whom this Compact is applicable as required by the rules of the 22 Commission, including: 23 (1) Identifying information; 24 (2) Licensure data; 25 (3) Significant investigatory information; 26 (4) Adverse actions against an individual's license; 27 (5) An indicator that an individual's privilege to practice is restricted, 28 suspended or revoked; 29 (6) Non-confidential information related to alternative program 30 participation; 31 (7) Any denial of application for licensure, and the reason(s) for such
01 denial; and 02 (8) Other information that may facilitate the administration of this 03 Compact, as determined by the rules of the Commission. 04 (C) The coordinated database administrator shall promptly notify all member 05 states of any adverse action taken against, or significant investigative information on, 06 any individual in a member state. 07 (D) Member states contributing information to the coordinated database may 08 designate information that may not be shared with the public without the express 09 permission of the contributing state. 10 (E) Any information submitted to the coordinated database that is 11 subsequently required to be expunged by the laws of the member state contributing the 12 information shall be removed from the coordinated database. 13 SECTION 12. RULEMAKING. 14 (A) The Commission shall exercise its rulemaking powers pursuant to the 15 criteria set forth in this Section and the rules adopted thereunder. Rules and 16 amendments shall become binding as of the date specified in each rule or amendment. 17 (B) If a majority of the legislatures of the member states rejects a rule, by 18 enactment of a statute or resolution in the same manner used to adopt the Compact, 19 then such rule shall have no further force and effect in any member state. 20 (C) Rules or amendments to the rules shall be adopted at a regular or special 21 meeting of the Commission. 22 (D) Prior to promulgation and adoption of a final rule or rules by the 23 Commission, and at least sixty (60) days in advance of the meeting at which the rule 24 will be considered and voted upon, the Commission shall file a Notice of Proposed 25 Rulemaking: 26 (1) On the website of the Commission; and 27 (2) On the website of each member state EMS authority or the 28 publication in which each state would otherwise publish proposed rules. 29 (E) The Notice of Proposed Rulemaking shall include: 30 (1) The proposed time, date, and location of the meeting in which the 31 rule will be considered and voted upon;
01 (2) The text of the proposed rule or amendment and the reason for the 02 proposed rule; 03 (3) A request for comments on the proposed rule from any interested 04 person; and 05 (4) The manner in which interested persons may submit notice to the 06 Commission of their intention to attend the public hearing and any written comments. 07 (F) Prior to adoption of a proposed rule, the Commission shall allow persons 08 to submit written data, facts, opinions, and arguments, which shall be made available 09 to the public. 10 (G) The Commission shall grant an opportunity for a public hearing before it 11 adopts a rule or amendment if a hearing is requested by: 12 (1) At least twenty-five (25) persons; 13 (2) A governmental subdivision or agency; or 14 (3) An association having at least twenty-five (25) members. 15 (H) If a hearing is held on the proposed rule or amendment, the Commission 16 shall publish the place, time, and date of the scheduled public hearing. 17 (1) All persons wishing to be heard at the hearing shall notify the 18 executive director of the Commission or other designated member in writing of their 19 desire to appear and testify at the hearing not less than five (5) business days before 20 the scheduled date of the hearing. 21 (2) Hearings shall be conducted in a manner providing each person 22 who wishes to comment a fair and reasonable opportunity to comment orally or in 23 writing. 24 (3) No transcript of the hearing is required, unless a written request for 25 a transcript is made, in which case the person requesting the transcript shall bear the 26 cost of producing the transcript. A recording may be made in lieu of a transcript under 27 the same terms and conditions as a transcript. This subsection shall not preclude the 28 Commission from making a transcript or recording of the hearing if it so chooses. 29 (4) Nothing in this section shall be construed as requiring a separate 30 hearing on each rule. Rules may be grouped for the convenience of the Commission at 31 hearings required by this section.
01 (I) Following the scheduled hearing date, or by the close of business on the 02 scheduled hearing date if the hearing was not held, the Commission shall consider all 03 written and oral comments received. 04 (J) The Commission shall, by majority vote of all members, take final action 05 on the proposed rule and shall determine the effective date of the rule, if any, based on 06 the rulemaking record and the full text of the rule. 07 (K) If no written notice of intent to attend the public hearing by interested 08 parties is received, the Commission may proceed with promulgation of the proposed 09 rule without a public hearing. 10 (L) Upon determination that an emergency exists, the Commission may 11 consider and adopt an emergency rule without prior notice, opportunity for comment, 12 or hearing, provided that the usual rulemaking procedures provided in the Compact 13 and in this section shall be retroactively applied to the rule as soon as reasonably 14 possible, in no event later than ninety (90) days after the effective date of the rule. For 15 the purposes of this provision, an emergency rule is one that must be adopted 16 immediately in order to: 17 (1) Meet an imminent threat to public health, safety, or welfare; 18 (2) Prevent a loss of Commission or member state funds; 19 (3) Meet a deadline for the promulgation of an administrative rule that 20 is established by federal law or rule; or 21 (4) Protect public health and safety. 22 (M) The Commission or an authorized committee of the Commission may 23 direct revisions to a previously adopted rule or amendment for purposes of correcting 24 typographical errors, errors in format, errors in consistency, or grammatical errors. 25 Public notice of any revisions shall be posted on the website of the Commission. The 26 revision shall be subject to challenge by any person for a period of thirty (30) days 27 after posting. The revision may be challenged only on grounds that the revision results 28 in a material change to a rule. A challenge shall be made in writing, and delivered to 29 the chair of the Commission prior to the end of the notice period. If no challenge is 30 made, the revision will take effect without further action. If the revision is challenged, 31 the revision may not take effect without the approval of the Commission.
01 SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 02 (A) Oversight. 03 (1) The executive, legislative, and judicial branches of state 04 government in each member state shall enforce this Compact and take all actions 05 necessary and appropriate to effectuate the Compact's purposes and intent. The 06 provisions of this Compact and the rules promulgated hereunder shall have standing as 07 statutory law. 08 (2) All courts shall take judicial notice of the Compact and the rules in 09 any judicial or administrative proceeding in a member state pertaining to the subject 10 matter of this Compact which may affect the powers, responsibilities or actions of the 11 Commission. 12 (3) The Commission shall be entitled to receive service of process in 13 any such proceeding, and shall have standing to intervene in such a proceeding for all 14 purposes. Failure to provide service of process to the Commission shall render a 15 judgment or order void as to the Commission, this Compact, or promulgated rules. 16 (B) Default, Technical Assistance, and Termination. 17 (1) If the Commission determines that a member state has defaulted in 18 the performance of its obligations or responsibilities under this Compact or the 19 promulgated rules, the Commission shall: 20 (a) Provide written notice to the defaulting state and other 21 member states of the nature of the default, the proposed means of curing the 22 default and/or any other action to be taken by the Commission; and 23 (b) Provide remedial training and specific technical assistance 24 regarding the default. 25 (2) If a state in default fails to cure the default, the defaulting state may 26 be terminated from the Compact upon an affirmative vote of a majority of the member 27 states, and all rights, privileges and benefits conferred by this Compact may be 28 terminated on the effective date of termination. A cure of the default does not relieve 29 the offending state of obligations or liabilities incurred during the period of default. 30 (3) Termination of membership in the Compact shall be imposed only 31 after all other means of securing compliance have been exhausted. Notice of intent to
01 suspend or terminate shall be given by the Commission to the governor, the majority 02 and minority leaders of the defaulting state's legislature, and each of the member 03 states. 04 (4) A state that has been terminated is responsible for all assessments, 05 obligations, and liabilities incurred through the effective date of termination, including 06 obligations that extend beyond the effective date of termination. 07 (5) The Commission shall not bear any costs related to a state that is 08 found to be in default or that has been terminated from the Compact, unless agreed 09 upon in writing between the Commission and the defaulting state. 10 (6) The defaulting state may appeal the action of the Commission by 11 petitioning the U.S. District Court for the District of Columbia or the federal district 12 where the Commission has its principal offices. The prevailing member shall be 13 awarded all costs of such litigation, including reasonable attorney's fees. 14 (C) Dispute Resolution. 15 (1) Upon request by a member state, the Commission shall attempt to 16 resolve disputes related to the Compact that arise among member states and between 17 member and non-member states. 18 (2) The Commission shall promulgate a rule providing for both 19 mediation and binding dispute resolution for disputes as appropriate. 20 (D) Enforcement. 21 (1) The Commission, in the reasonable exercise of its discretion, shall 22 enforce the provisions and rules of this Compact. 23 (2) By majority vote, the Commission may initiate legal action in the 24 United States District Court for the District of Columbia or the federal district where 25 the Commission has its principal offices against a member state in default to enforce 26 compliance with the provisions of the Compact and its promulgated rules and bylaws. 27 The relief sought may include both injunctive relief and damages. In the event judicial 28 enforcement is necessary, the prevailing member shall be awarded all costs of such 29 litigation, including reasonable attorney's fees. 30 (3) The remedies herein shall not be the exclusive remedies of the 31 Commission. The Commission may pursue any other remedies available under federal
01 or state law. 02 SECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION 03 FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, 04 AND AMENDMENT. 05 (A) The Compact shall come into effect on the date on which the Compact 06 statute is enacted into law in the tenth member state. The provisions, which become 07 effective at that time, shall be limited to the powers granted to the Commission 08 relating to assembly and the promulgation of rules. Thereafter, the Commission shall 09 meet and exercise rulemaking powers necessary to the implementation and 10 administration of the Compact. 11 (B) Any state that joins the Compact subsequent to the Commission's initial 12 adoption of the rules shall be subject to the rules as they exist on the date on which the 13 Compact becomes law in that state. Any rule that has been previously adopted by the 14 Commission shall have the full force and effect of law on the day the Compact 15 becomes law in that state. 16 (C) Any member state may withdraw from this Compact by enacting a statute 17 repealing the same. 18 (1) A member state's withdrawal shall not take effect until six (6) 19 months after enactment of the repealing statute. 20 (2) Withdrawal shall not affect the continuing requirement of the 21 withdrawing state's EMS authority to comply with the investigative and adverse action 22 reporting requirements of this act prior to the effective date of withdrawal. 23 (D) Nothing contained in this Compact shall be construed to invalidate or 24 prevent any EMS personnel licensure agreement or other cooperative arrangement 25 between a member state and a non-member state that does not conflict with the 26 provisions of this Compact. 27 (E) This Compact may be amended by the member states. No amendment to 28 this Compact shall become effective and binding upon any member state until it is 29 enacted into the laws of all member states. 30 SECTION 15. CONSTRUCTION AND SEVERABILITY. 31 This Compact shall be liberally construed so as to effectuate the purposes
01 thereof. If this Compact shall be held contrary to the constitution of any state member 02 thereto, the Compact shall remain in full force and effect as to the remaining member 03 states. Nothing in this Compact supersedes state law or rules related to licensure of 04 EMS agencies. 05 * Sec. 33. AS 21.36.090(d) is amended to read: 06 (d) Except to the extent necessary to comply with AS 21.42.365 and 07 AS 21.56, a person may not practice or permit unfair discrimination against a person 08 who provides a service covered under a group health insurance policy that extends 09 coverage on an expense incurred basis, or under a group service or indemnity type 10 contract issued by a health maintenance organization or a nonprofit corporation, if the 11 service is within the scope of the provider's occupational license. In this subsection, 12 "provider" means a state licensed physician, physician assistant, dentist, osteopath, 13 optometrist, chiropractor, advanced practice registered nurse, pharmacist, naturopath, 14 physical therapist, occupational therapist, marital and family therapist, psychologist, 15 psychological associate, licensed clinical social worker, licensed professional 16 counselor, licensed associate counselor, certified direct-entry midwife, genetic 17 counselor, or dental hygienist holding an advanced practice permit. 18 * Sec. 34. AS 21.36.090(d), as amended by sec. 33 of this Act, is amended to read: 19 (d) Except to the extent necessary to comply with AS 21.42.365 and 20 AS 21.56, a person may not practice or permit unfair discrimination against a person 21 who provides a service covered under a group health insurance policy that extends 22 coverage on an expense incurred basis, or under a group service or indemnity type 23 contract issued by a health maintenance organization or a nonprofit corporation, if the 24 service is within the scope of the provider's occupational license. In this subsection, 25 "provider" means a state licensed physician, physician assistant, dentist, osteopath, 26 optometrist, chiropractor, advanced practice registered nurse, pharmacist, naturopath, 27 respiratory care practitioner, physical therapist, occupational therapist, marital and 28 family therapist, psychologist, psychological associate, licensed clinical social worker, 29 licensed professional counselor, licensed associate counselor, certified direct-entry 30 midwife, genetic counselor, or dental hygienist holding an advanced practice permit. 31 * Sec. 35. AS 44.29 is amended by adding new sections to read:
01 Article 5A. Rural Health Transformation Program. 02 Sec. 44.29.410. Rural Health Transformation Program Advisory Council. 03 (a) The Rural Health Transformation Program Advisory Council is established in the 04 department. 05 (b) The council consists of eight members as follows: 06 (1) the deputy commissioner of health, or the deputy commissioner of 07 health's designee, who shall serve as the chair and is a nonvoting member; 08 (2) one member who represents a tribal health organization or 09 consortium, appointed by the governor; in this paragraph, "tribal health 10 organization" means an organization recognized by the United States Indian 11 Health Service to provide health-related services; 12 (3) one member who represents a federally qualified health center or 13 professional organization for federally qualified health centers, appointed by the 14 governor; in this paragraph, "federally qualified health center" has the meaning given 15 in 42 U.S.C. 1396d(l)(2)(B); 16 (4) one member who represents a hospital or professional organization 17 for hospitals, appointed by the governor; 18 (5) one member who represents a local government, appointed by the 19 governor; 20 (6) one member who represents the Alaska Mental Health Trust 21 Authority, appointed by the governor; 22 (7) one member of the house of representatives, appointed by the 23 speaker of the house; and 24 (8) one member of the senate, appointed by the president of the senate. 25 (c) In addition to the qualifications required under (b)(2) - (6) of this section, 26 the governor shall appoint members under (b)(2) - (6) of this section 27 (1) based on interest in public affairs, good judgment, knowledge, and 28 ability in the field of action of the council; 29 (2) with a view to providing diversity of interest and points of view in 30 the membership; 31 (3) without consideration of political affiliation; and
01 (4) so that the members appointed under (b)(2) - (6) of this section 02 collectively represent each judicial district. 03 (d) A member of the council serves at the pleasure of the appointing authority 04 of the member. 05 (e) Members of the council are not entitled to compensation or per diem and 06 travel expenses authorized under AS 39.20.180. 07 (f) The council shall meet in person, telephonically, or by electronic means at 08 least biannually. 09 (g) The council shall advise the department on the state's participation in the 10 rural health transformation program. 11 (h) The council may adopt bylaws for the operation of the council. 12 Sec. 44.29.420. Department duties. (a) The department shall 13 (1) establish specific criteria for scoring grant applications; 14 (2) publish on the department's Internet website 15 (A) the state's application for the rural health transformation 16 program, changes to the application, and the state's approved application; 17 (B) the criteria established under (1) of this subsection; 18 (C) annual updates on the grant applications the state receives, 19 the application scores, the grants awarded, how the awarded grants are being 20 used by grantees, and the progress of each grantee in achieving the goals 21 identified in the grantee's application; and 22 (D) annual updates on all state projects funded with money 23 received by the state under the rural health transformation program; and 24 (3) by the first day of each regular session of the legislature, deliver 25 copies of the reports the department submitted to the federal government in the 26 previous year under the rural health transformation program to the senate secretary 27 and the chief clerk of the house of representatives and notify the legislature that the 28 reports are available. 29 (b) The department may use funds received by the state under the rural health 30 transformation program to award grants. The department shall award grants in a 31 manner that addresses the initiatives identified in the state's approved application.
01 Sec. 44.29.450. Definitions. In AS 44.29.410 - 44.29.450, 02 (1) "approved application" means an application to participate in the 03 rural health transformation program that has been approved by the federal 04 government; 05 (2) "council" means the Rural Health Transformation Program 06 Advisory Council; 07 (3) "department" means the Department of Health; 08 (4) "rural health transformation program" means the program 09 authorized under 42 U.S.C. 1397ee(h). 10 * Sec. 36. AS 44.29.410, 44.29.420, and 44.29.450 are repealed December 31, 2031. 11 * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TRANSITION: CURRENT GENETIC COUNSELORS. Notwithstanding the 14 licensing requirement of AS 08.53.100, enacted by sec. 7 of this Act, a person who, on the 15 day before the effective date of sec. 7 of this Act, is engaged in the practice of genetic 16 counseling, may continue to practice genetic counseling without a license issued under 17 AS 08.53 by the State Medical Board until July 1, 2027. 18 * Sec. 38. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 TRANSITION: INITIAL MEMBERS OF THE GENETIC COUNSELING 21 ADVISORY COUNCIL. (a) The State Medical Board shall appoint the initial members of the 22 Genetic Counseling Advisory Council established in AS 08.53.180, enacted by sec. 7 of this 23 Act, during the first meeting of the board following the effective date of sec. 7 of this Act. 24 (b) Notwithstanding AS 08.53.180(b), enacted by sec. 7 of this Act, a person who is 25 engaged in the practice of genetic counseling on the day before the effective date of sec. 7 of 26 this Act may be appointed by the State Medical Board as an initial member of the Genetic 27 Counseling Advisory Council without a license issued under AS 08.53 by the State Medical 28 Board. A person appointed under this subsection may only continue to serve on the Genetic 29 Counseling Advisory Council after July 1, 2027, if the person obtains a license issued under 30 AS 08.53 by the State Medical Board on or before July 1, 2027. 31 * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITION: QUALIFICATIONS TO PRACTICE RESPIRATORY CARE. 03 Notwithstanding the licensing requirements of AS 08.90.010 and 08.90.020, enacted by sec. 04 24 of this Act, a person who, on the day before the effective date of sec. 24 of this Act, is 05 engaged in the practice of respiratory care and is qualified to perform acts within the scope of 06 practice of respiratory care, may continue to perform those acts without a license issued under 07 AS 08.90 by the Department of Commerce, Community, and Economic Development for a 08 period not to exceed one year after the effective date of sec. 24 of this Act. 09 * Sec. 40. Sections 1, 3, 5, 24, 26, 28, 30, 34, and 39 of this Act take effect January 1, 2027.