Shown verbatim: the complete text as captured from the official page posted by the Alaska State Legislature, fetched 2026-08-28. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the enrolled version. The official bill page.
Enrolled HB 110
Relating to the rural health transformation program; relating to the interstate medical licensure
compact; relating to the PA licensure compact; relating to the psychology interjurisdictional
compact; relating to the practice of respiratory care; relating to the duties of the Department of
Commerce, Community, and Economic Development; relating to telehealth provided by
respiratory care practitioners; relating to a social work licensure compact; relating to the
practice of social work; relating to medical malpractice liability of respiratory care
practitioners; relating to immunity from civil liability for a respiratory care practitioner
providing free health care services; relating to national criminal history record checks;
relating to respiratory care practitioners providing documentation and treatment plans for
public school students with asthma or anaphylaxis; relating to the recognition of EMS
personnel licensure interstate compact; prohibiting unfair discrimination under group health
insurance against respiratory care practitioners; establishing the Rural Health Transformation
Program Advisory Council; and providing for an effective date.
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* Section 1. AS 08.01.010 is amended by adding a new paragraph to read:
(42) regulation of respiratory care practitioners under AS 08.90.
* Sec. 2. AS 08.02.110(a) is amended to read:
(a) An acupuncturist licensed under AS 08.06, an audiologist or speech-
language pathologist licensed under AS 08.11, a behavior analyst licensed under
AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a
professional or associate counselor licensed under AS 08.29, a dentist under AS 08.36,
a dietitian or nutritionist licensed under AS 08.38, a massage therapist licensed under
AS 08.61, a marital and family therapist licensed under AS 08.63, a medical
practitioner or osteopath under AS 08.64, a direct-entry midwife certified under
AS 08.65, a registered or advanced practice registered nurse under AS 08.68, an
optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a physical
therapist or occupational therapist licensed under AS 08.84, a psychologist under
AS 08.86, a respiratory care practitioner licensed under AS 08.90, or a clinical
social worker licensed under AS 08.95, shall use as professional identification
appropriate letters or a title after that person's name that represents the person's
specific field of practice. The letters or title shall appear on all signs, stationery, or
other advertising in which the person offers or displays personal professional services
to the public. In addition, a person engaged in the practice of medicine or osteopathy
as defined in AS 08.64.380, or a person engaged in any manner in the healing arts who
diagnoses, treats, tests, or counsels other persons in relation to human health or disease
and uses the letters "M.D." or the title "doctor" or "physician" or another title that
tends to show that the person is willing or qualified to diagnose, treat, test, or counsel
another person, shall clarify the letters or title by adding the appropriate specialist
designation, if any, such as "dermatologist," "radiologist," "audiologist," "naturopath,"
or the like.
* Sec. 3. AS 08.02.130(j)(1) is amended to read:
(1) "health care provider" means
(A) an audiologist or speech-language pathologist licensed
under AS 08.11; a behavior analyst licensed under AS 08.15; a chiropractor
licensed under AS 08.20; a professional or associate counselor licensed under
AS 08.29; a dental hygienist licensed under AS 08.32; a dentist licensed under
AS 08.36; a dietitian or nutritionist licensed under AS 08.38; a naturopath
licensed under AS 08.45; a marital and family therapist licensed under
AS 08.63; a physician licensed under AS 08.64; a podiatrist, osteopath, or
physician assistant licensed under AS 08.64; a direct-entry midwife certified
under AS 08.65; a nurse licensed under AS 08.68; a dispensing optician
licensed under AS 08.71; an optometrist licensed under AS 08.72; a pharmacist
licensed under AS 08.80; a physical therapist or occupational therapist licensed
under AS 08.84; a psychologist or psychological associate licensed under
AS 08.86; a respiratory care practitioner licensed under AS 08.90 and
authorized under AS 08.90.060(a)(4)(H); or a social worker licensed under
AS 08.95;
(B) a physician licensed in another state; or
(C) a member of a multidisciplinary care team who is licensed
in another state;
* Sec. 4. AS 08.64.101(a) is amended to read:
(a) The board shall
(1) except as provided in regulations adopted by the board under (b) of
this section, examine and issue licenses to applicants;
(2) develop written guidelines to ensure that licensing requirements are
not unreasonably burdensome and the issuance of licenses is not unreasonably
withheld or delayed;
(3) after a hearing, impose disciplinary sanctions on persons who
violate this chapter or the regulations or orders of the board;
(4) adopt regulations ensuring that renewal of licenses is contingent on
proof of continued competency on the part of the licensee;
(5) under regulations adopted by the board, contract with private
professional organizations to establish an impaired medical professionals program to
identify, confront, evaluate, and treat persons licensed under this chapter who abuse
alcohol, other drugs, or other substances or are mentally ill or cognitively impaired;
(6) adopt regulations that establish guidelines for a physician or
physician assistant who is rendering a diagnosis, providing treatment, or prescribing,
dispensing, or administering a prescription drug to a person without conducting a
physical examination under AS 08.64.364; the guidelines must include a nationally
recognized model policy for standards of care of a patient who is at a different location
than the physician or physician assistant;
(7) require that a licensee who has a federal Drug Enforcement
Administration registration number register with the controlled substance prescription
database under AS 17.30.200(n); and
(8) implement the Interstate Medical Licensure Compact under
AS 08.64.253 and the PA Licensure Compact under AS 08.64.254.
* Sec. 5. AS 08.64.190 is amended by adding a new subsection to read:
(b) An applicant applying for an expedited license as a physician or osteopath
under AS 08.64.253 or a license as a physician assistant under AS 08.64.107 shall
submit, along with the application, the applicant's fingerprints and the fees required by
the Department of Public Safety under AS 12.62.160 for criminal justice information
and a national criminal history record check. The board shall forward the fingerprints
and fees to the Department of Public Safety to obtain a report of criminal justice
information under AS 12.62 and a national criminal history record check under
AS 12.62.400. Criminal justice information and criminal history record information
obtained under this subsection may only be used by the board for the purpose of
determining an applicant's qualifications and fitness for a license, expedited license, or
compact privilege under this chapter.
* Sec. 6. AS 08.64 is amended by adding new sections to read:
Sec. 08.64.253. Interstate Medical Licensure Compact. The Interstate
Medical Licensure Compact as contained in this section is enacted into law and
entered into on behalf of the state with all other states and jurisdictions legally joining
it in a form substantially as follows:
SECTION 1. PURPOSE.
In order to strengthen access to health care, and in recognition of the advances
in the delivery of health care, the member states of the Interstate Medical Licensure
Compact have allied in common purpose to develop a comprehensive process that
complements the existing licensing and regulatory authority of state medical boards,
provides a streamlined process that allows physicians to become licensed in multiple
states, thereby enhancing the portability of a medical license and ensuring the safety of
patients. The Compact creates another pathway for licensure and does not otherwise
change a state's existing Medical Practice Act. The Compact also adopts the prevailing
standard for licensure and affirms that the practice of medicine occurs where the
patient is located at the time of the physician-patient encounter, and therefore, requires
the physician to be under the jurisdiction of the state medical board where the patient
is located. State medical boards that participate in the Compact retain the jurisdiction
to impose an adverse action against a license to practice medicine in that state issued
to a physician through the procedures in the Compact.
SECTION 2. DEFINITIONS.
In this compact,
(a) "Bylaws" means those bylaws established by the Interstate Commission
pursuant to Section 11.
(b) "Commissioner" means the voting representative appointed by each
member board pursuant to Section 11.
(c) "Conviction" means a finding by a court that an individual is guilty of a
criminal offense through adjudication, or entry of a plea of guilt or no contest to the
charge by the offender. Evidence of an entry of a conviction of a criminal offense by
the court shall be considered final for purposes of disciplinary action by a member
board.
(d) "Expedited License" means a full and unrestricted medical license granted
by a member state to an eligible physician through the process set forth in the
Compact.
(e) "Interstate Commission" means the interstate commission created pursuant
to Section 11.
(f) "License" means authorization by a member state for a physician to engage
in the practice of medicine, which would be unlawful without authorization.
(g) "Medical Practice Act" means laws and regulations governing the practice
of allopathic and osteopathic medicine within a member state.
(h) "Member Board" means a state agency in a member state that acts in the
sovereign interests of the state by protecting the public through licensure, regulation,
and education of physicians as directed by the state government.
(i) "Member State" means a state that has enacted the Compact.
(j) "Physician" means any person who
(1) is a graduate of a medical school accredited by the Liaison
Committee on Medical Education, the Commission on Osteopathic College
Accreditation, or a medical school listed in the International Medical Education
Directory or its equivalent;
(2) passed each component of the United States Medical Licensing
Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing
Examination (COMLEX-USA) within three attempts, or any of its predecessor
examinations accepted by a state medical board as an equivalent examination for
licensure purposes;
(3) successfully completed graduate medical education approved by
the Accreditation Council for Graduate Medical Education or the American
Osteopathic Association;
(4) holds specialty certification or a time-unlimited specialty certificate
recognized by the American Board of Medical Specialties or the American
Osteopathic Association's Bureau of Osteopathic Specialists;
(5) possesses a full and unrestricted license to engage in the practice of
medicine issued by a member board;
(6) has never been convicted, received adjudication, deferred
adjudication, community supervision, or deferred disposition for any offense by a
court of appropriate jurisdiction;
(7) has never held a license authorizing the practice of medicine
subjected to discipline by a licensing agency in any state, federal, or foreign
jurisdiction, excluding any action related to non-payment of fees related to a license;
(8) has never had a controlled substance license or permit suspended or
revoked by a state or the United States Drug Enforcement Administration; and
(9) is not under active investigation by a licensing agency or law
enforcement authority in any state, federal, or foreign jurisdiction.
(k) "Practice of Medicine" means that clinical prevention, diagnosis, or
treatment of human disease, injury, or condition requiring a physician to obtain and
maintain a license in compliance with the Medical Practice Act of a member state.
(l) "Offense" means a felony, gross misdemeanor, or crime of moral turpitude.
(m) "Rule" means a written statement by the Interstate Commission
promulgated pursuant to Section 12 of the Compact that is of general applicability,
implements, interprets, or prescribes a policy or provision of the Compact, or an
organizational, procedural, or practice requirement of the Interstate Commission, and
has the force and effect of statutory law in a member state, and includes the
amendment, repeal, or suspension of an existing rule.
(n) "State" means any state, commonwealth, district, or territory of the United
States.
(o) "State of Principal License" means a member state where a physician holds
a license to practice medicine and which has been designated as such by the physician
for purposes of registration and participation in the Compact.
SECTION 3. ELIGIBILITY.
(a) A physician must meet the eligibility requirements as defined in Section
2(j) to receive an expedited license under the terms and provisions of the Compact.
(b) A physician who does not meet the requirements of Section 2(j) may
obtain a license to practice medicine in a member state if the individual complies with
all laws and requirements, other than the Compact, relating to the issuance of a license
to practice medicine in that state.
SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE.
(a) A physician shall designate a member state as the state of principal license
for purposes of registration for expedited licensure through the Compact if the
physician possesses a full and unrestricted license to practice medicine in that state,
and the state is
(1) The state of principal residence for the physician;
(2) The state where at least 25 percent of the practice of medicine
occurs;
(3) The location of the physician's employer; or
(4) If no state qualifies under subsection (1), subsection (2), or
subsection (3), the state designated as state of residence for purpose of federal income
tax.
(b) A physician may redesignate a member state as state of principal license at
any time, as long as the state meets the requirements of subsection (a).
(c) The Interstate Commission is authorized to develop rules to facilitate
redesignation of another member state as the state of principal license.
SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE.
(a) A physician seeking licensure through the Compact shall file an
application for an expedited license with the member board of the state selected by the
physician as the state of principal license.
(b) Upon receipt of an application for an expedited license, the member board
within the state selected as the state of principal license shall evaluate whether the
physician is eligible for expedited licensure and issue a letter of qualification,
verifying or denying the physician's eligibility, to the Interstate Commission.
(1) Static qualifications, which include verification of medical
education, graduate medical education, results of any medical or licensing
examination, and other qualifications as determined by the Interstate Commission
through rule, shall not be subject to additional primary source verification where
already primary source verified by the state of principal license.
(2) The member board within the state selected as the state of principal
license shall, in the course of verifying eligibility, perform a criminal background
check of an applicant, including the use of the results of fingerprint or other biometric
data checks compliant with the requirements of the Federal Bureau of Investigation,
with the exception of federal employees who have suitability determination in
accordance with 5 C.F.R. 731.202.
(3) Appeal on the determination of eligibility shall be made to the
member state where the application was filed and shall be subject to the law of that
state.
(c) Upon verification in subsection (b), physicians eligible for an expedited
license shall complete the registration process established by the Interstate
Commission to receive a license in a member state selected pursuant to subsection (a),
including the payment of any applicable fees.
(d) After receiving verification of eligibility under subsection (b) and any fees
under subsection (c), a member board shall issue an expedited license to the physician.
This license shall authorize the physician to practice medicine in the issuing state
consistent with the Medical Practice Act and all applicable laws and regulations of the
issuing member board and member state.
(e) An expedited license shall be valid for a period consistent with the
licensure period in the member state and in the same manner as required for other
physicians holding a full and unrestricted license within the member state.
(f) An expedited license obtained through the Compact shall be terminated if a
physician fails to maintain a license in the state of principal licensure for a non-
disciplinary reason, without redesignation of a new state of principal licensure.
(g) The Interstate Commission is authorized to develop rules regarding the
application process, including payment of any applicable fees, and the issuance of an
expedited license.
SECTION 6. FEES FOR EXPEDITED LICENSURE.
(a) A member state issuing an expedited license authorizing the practice of
medicine in that state may impose a fee for a license issued or renewed through the
Compact.
(b) The Interstate Commission is authorized to develop rules regarding fees
for expedited licenses.
SECTION 7. RENEWAL AND CONTINUED PARTICIPATION.
(a) A physician seeking to renew an expedited license granted in a member
state shall complete a renewal process with the Interstate Commission if the physician
(1) Maintains a full and unrestricted license in a state of principal
license;
(2) Has not been convicted, received adjudication, deferred
adjudication, community supervision, or deferred disposition for any offense by a
court of appropriate jurisdiction;
(3) Has not had a license authorizing the practice of medicine subject
to discipline by a licensing agency in any state, federal, or foreign jurisdiction,
excluding any action related to non-payment of fees related to a license; and
(4) Has not had a controlled substance license or permit suspended or
revoked by a state or the United States Drug Enforcement Administration.
(b) Physicians shall comply with all continuing professional development or
continuing medical education requirements for renewal of a license issued by a
member state.
(c) The Interstate Commission shall collect any renewal fees charged for the
renewal of a license and distribute the fees to the applicable member board.
(d) Upon receipt of any renewal fees collected in subsection (c), a member
board shall renew the physician's license.
(e) Physician information collected by the Interstate Commission during the
renewal process will be distributed to all member boards.
(f) The Interstate Commission is authorized to develop rules to address
renewal of licenses obtained through the Compact.
SECTION 8. COORDINATED INFORMATION SYSTEM.
(a) The Interstate Commission shall establish a database of all physicians
licensed, or who have applied for licensure, under Section 5.
(b) Notwithstanding any other provision of law, member boards shall report to
the Interstate Commission any public action or complaints against a licensed physician
who has applied or received an expedited license through the Compact.
(c) Member boards shall report disciplinary or investigatory information
determined as necessary and proper by rule of the Interstate Commission.
(d) Member boards may report any non-public complaint, disciplinary, or
investigatory information not required by subsection (c) to the Interstate Commission.
(e) Member boards shall share complaint or disciplinary information about a
physician upon request of another member board.
(f) All information provided to the Interstate Commission or distributed by
member boards shall be confidential, filed under seal, and used only for investigatory
or disciplinary matters.
(g) The Interstate Commission is authorized to develop rules for mandated or
discretionary sharing of information by member boards.
SECTION 9. JOINT INVESTIGATIONS.
(a) Licensure and disciplinary records of physicians are deemed investigative.
(b) In addition to the authority granted to a member board by its respective
Medical Practice Act or other applicable state law, a member board may participate
with other member boards in joint investigations of physicians licensed by the member
boards.
(c) A subpoena issued by a member state shall be enforceable in other member
states.
(d) Member boards may share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiate under the
Compact.
(e) Any member state may investigate actual or alleged violations of the
statutes authorizing the practice of medicine in any other member state in which a
physician holds a license to practice medicine.
SECTION 10. DISCIPLINARY ACTIONS.
(a) Any disciplinary action taken by any member board against a physician
licensed through the Compact shall be deemed unprofessional conduct which may be
subject to discipline by other member boards, in addition to any violation of the
Medical Practice Act or regulations in that state.
(b) If a license granted to a physician by the member board in the state of
principal license is revoked, surrendered or relinquished in lieu of discipline, or
suspended, then all licenses issued to the physician by member boards shall
automatically be placed, without further action necessary by any member board, on
the same status. If the member board in the state of principal license subsequently
reinstates the physician's license, a license issued to the physician by any other
member board shall remain encumbered until that respective member board takes
action to reinstate the license in a manner consistent with the Medical Practice Act of
that state.
(c) If disciplinary action is taken against a physician by a member board not in
the state of principal license, any other member board may deem the action conclusive
as to matter of law and fact decided, and
(1) Impose the same or lesser sanctions against the physician so long
as such sanctions are consistent with the Medical Practice Act of that state; or
(2) Pursue separate disciplinary action against the physician under its
respective Medical Practice Act, regardless of the action taken in other member states.
(d) If a license granted to a physician by a member board is revoked,
surrendered or relinquished in lieu of discipline, or suspended, then any licenses
issued to the physician by any other member boards shall be suspended, automatically
and immediately without further action necessary by the other member boards, for
ninety (90) days upon entry of the order by the disciplining board, to permit the
member boards to investigate the basis for the action under the Medical Practice Act
of that state. A member board may terminate the automatic suspension of the license it
issued prior to the completion of the ninety (90) day suspension period in a manner
consistent with the Medical Practice Act of that state.
SECTION 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION.
(a) The member states hereby create the "Interstate Medical Licensure
Compact Commission."
(b) The purpose of the Interstate Commission is the administration of the
Interstate Medical Licensure Compact, which is a discretionary state function.
(c) The Interstate Commission shall be a body corporate and joint agency of
the member states and shall have all the responsibilities, powers, and duties set forth in
the Compact, and such additional powers as may be conferred upon it by a subsequent
concurrent action of the respective legislatures of the member states in accordance
with the terms of the Compact.
(d) The Interstate Commission shall consist of two voting representatives
appointed by each member state who shall serve as Commissioners. In states where
allopathic and osteopathic physicians are regulated by separate member boards, or if
the licensing and disciplinary authority is split between separate member boards, or if
the licensing and disciplinary authority is split between multiple member boards
within a member state, the member state shall appoint one representative from each
member board. A Commissioner shall be
(1) An allopathic or osteopathic physician appointed to a member
board;
(2) An executive director, executive secretary, or similar executive of a
member board; or
(3) A member of the public appointed to a member board.
(e) The Interstate Commission shall meet at least once each calendar year. A
portion of this meeting shall be a business meeting to address such matters as may
properly come before the Commission, including the election of officers. The
chairperson may call additional meetings and shall call for a meeting upon the request
of a majority of the member states.
(f) The bylaws may provide for meetings of the Interstate Commission to be
conducted by telecommunication or electronic communication.
(g) Each Commissioner participating at a meeting of the Interstate
Commission is entitled to one vote. A majority of Commissioners shall constitute a
quorum for the transaction of business, unless a larger quorum is required by the
bylaws of the Interstate Commission. A Commissioner shall not delegate a vote to
another Commissioner. In the absence of its Commissioner, a member state may
delegate voting authority for a specified meeting to another person from that state who
shall meet the requirements of subsection (d).
(h) The Interstate Commission shall provide public notice of all meetings and
all meetings shall be open to the public. The Interstate Commission may close a
meeting, in full or in portion, where it determines by a two-thirds vote of the
Commissioners present that an open meeting would be likely to
(1) Relate solely to the internal personnel practice and procedures of
the Interstate Commission;
(2) Discuss matters specifically exempted from disclosure by federal
statute;
(3) Discuss trade secrets, commercial, or financial information that is
privileged or confidential;
(4) Involve accusing a person of a crime, or formally censuring a
person;
(5) Discuss information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
(6) Discuss investigative records compiled for law enforcement
purposes; or
(7) Specifically relate to the participation in a civil action or other legal
proceeding.
(i) The Interstate Commission shall keep minutes which shall fully describe all
matters discussed in a meeting and shall provide a full and accurate summary of
actions taken, including record of any roll call votes.
(j) The Interstate Commission shall make its information and official records,
to the extent not otherwise designated in the Compact or by its rules, available to the
public for inspection.
(k) The Interstate Commission shall establish an executive committee, which
shall include officers, members, and others as determined by the bylaws. The
executive committee shall have the power to act on behalf of the Interstate
Commission, with the exception of rulemaking, during periods when the Interstate
Commission is not in session. When acting on behalf of the Interstate Commission,
the executive committee shall oversee the administration of the Compact including
enforcement and compliance with the provisions of the Compact, its bylaws and rules,
and other such duties as necessary.
(l) The Interstate Commission shall establish other committees for governance
and administration of the Compact.
SECTION 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
(a) Oversee and maintain the administration of the Compact;
(b) Promulgate rules which shall be binding to the extent and in the manner
provided for in the Compact;
(c) Issue, upon the request of a member state or member board, advisory
opinions concerning the meaning or interpretation of the Compact, its bylaws, rules,
and actions;
(d) Enforce compliance with Compact provisions, the rules promulgated by
the Interstate Commission, and the bylaws, using all necessary and proper means,
including but not limited to the use of judicial process;
(e) Establish and appoint committees including, but not limited to, an
executive committee as required by Section 11, which shall have the power to act on
behalf of the Interstate Commission in carrying out its powers and duties;
(f) Pay, or provide for the payment of the expenses related to the
establishment, organization, and ongoing activities of the Interstate Commission;
(g) Establish and maintain one or more offices;
(h) Borrow, accept, hire, or contract for services of personnel;
(i) Purchase and maintain insurance and bonds;
(j) Employ an executive director who shall have such powers to employ, select
or appoint employees, agents, or consultants, and to determine their qualifications,
define their duties, and fix their compensation;
(k) Establish personnel policies and programs relating to conflicts of interest,
rates of compensation, and qualifications of personnel;
(l) Accept donations and grants of money, equipment, supplies, materials, and
services and to receive, utilize, and dispose of it in a manner consistent with the
conflict of interest policies established by the Interstate Commission;
(m) Lease, purchase, accept contributions or donations of, or otherwise to
own, hold, improve or use, any property, real, personal, or mixed;
(n) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed;
(o) Establish a budget and make expenditures;
(p) Adopt a seal and bylaws governing the management and operation of the
Interstate Commission;
(q) Report annually to the legislatures and governors of the member states
concerning the activities of the Interstate Commission during the preceding year. Such
reports shall also include reports of financial audits and any recommendations that
may have been adopted by the Interstate Commission;
(r) Coordinate education, training, and public awareness regarding the
Compact, its implementation, and its operation;
(s) Maintain records in accordance with the bylaws;
(t) Seek and obtain trademarks, copyrights, and patents; and
(u) Perform such functions as may be necessary or appropriate to achieve the
purpose of the Compact.
SECTION 13. FINANCE POWERS.
(a) The Interstate Commission may levy on and collect an annual assessment
from each member state to cover the cost of the operations and activities of the
Interstate Commission and its staff. The total assessment must be sufficient to cover
the annual budget approved each year for which revenue is not provided by other
sources. The aggregate annual assessment amount shall be allocated upon a formula to
be determined by the Interstate Commission, which shall promulgate a rule binding
upon all member states.
(b) The Interstate Commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same.
(c) The Interstate Commission shall not pledge the credit of any of the
member states, except by, and with the authority of, the member state.
(d) The Interstate Commission shall be subject to a yearly financial audit
conducted by a certified or licensed accountant and the report of the audit shall be
included in the annual report of the Interstate Commission.
SECTION 14. ORGANIZATION AND OPERATION OF THE INTERSTATE
COMMISSION.
(a) The Interstate Commission shall, by a majority of Commissioners present
and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to
carry out the purposes of the Compact within twelve (12) months of the first Interstate
Commission meeting.
(b) The Interstate Commission shall elect or appoint annually from among its
Commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall
have such authority and duties as may be specified in the bylaws. The chairperson, or
in the chairperson's absence or disability, the vice-chairperson, shall preside at all
meetings of the Interstate Commission.
(c) Officers selected in subsection (b) shall serve without remuneration for the
Interstate Commission.
(d) The officers and employees of the Interstate Commission shall be immune
from suit and liability, either personally or in their official capacity, for a claim for
damage to or loss of property or personal injury or other civil liability caused or
arising out of, or relating to, an actual or alleged act, error, or omission that occurred,
or that such person had a reasonable basis for believing occurred, within the scope of
Interstate Commission employment, duties, or responsibilities; provided that such
person shall not be protected from suit or liability for damage, loss, injury, or liability
caused by the intentional or willful and wanton misconduct of such person.
(e) The liability of the executive director and employees of the Interstate
Commission or representatives of the Interstate Commission, acting within the scope
of such person's employment or duties for acts, errors, or omissions occurring within
such person's state, may not exceed the limits of liability set forth under the
constitution and laws of that state for state officials, employees, and agents. The
Interstate Commission is considered to be an instrumentality of the states for the
purpose of any such action. Nothing in this subsection shall be construed to protect
such person from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person.
(f) The Interstate Commission shall defend the executive director, its
employees, and subject to the approval of the attorney general or other appropriate
legal counsel of the member state represented by an Interstate Commission
representative, shall defend such Interstate Commission representative in any civil
action seeking to impose liability arising out of an actual or alleged act, error or
omission that occurred within the scope of Interstate Commission employment, duties
or responsibilities, or that the defendant had a reasonable basis for believing occurred
within the scope of Interstate Commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did not result from
intentional or willful and wanton misconduct on the part of such person.
(g) To the extent not covered by the state involved, member state, or the
Interstate Commission, the representatives or employees of the Interstate Commission
shall be held harmless in the amount of a settlement or judgment, including attorney's
fees and costs, obtained against such persons arising out of an actual or alleged act,
error, or omission that occurred within the scope of the Interstate Commission
employment, duties, or responsibilities, or that such persons had a reasonable basis for
believing occurred within the scope of Interstate Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission did not result
from intentional or willful and wanton misconduct on the part of such person.
SECTION 15. RULEMAKING FUNCTIONS OF THE INTERSTATE
COMMISSION.
(a) The Interstate Commission shall promulgate reasonable rules in order to
effectively and efficiently achieve the purpose of the Compact. Notwithstanding the
foregoing, in the event the Interstate Commission exercises its rulemaking authority in
a manner that is beyond the scope of the purposes of the Compact, or the powers
granted hereunder, then such an action by the Interstate Commission shall be invalid
and have no force or effect.
(b) Rules deemed appropriate for the operations of the Interstate Commission
shall be made pursuant to a rulemaking process that substantially conforms to the
"Model State Administrative Procedure Act" of 2010, and subsequent amendments
thereto.
(c) Not later than thirty (30) days after a rule is promulgated, any person may
file a petition for judicial review of the rule in the United States District Court for the
District of Columbia or the federal district where the Interstate Commission has its
principal offices, provided that the filing of such a petition shall not stay or otherwise
prevent the rule from becoming effective unless the court finds that the petitioner has a
substantial likelihood of success. The court shall give deference to the actions of the
Interstate Commission consistent with applicable law and shall not find the rule to be
unlawful if the rule represents a reasonable exercise of the authority granted to the
Interstate Commission.
SECTION 16. OVERSIGHT OF INTERSTATE COMPACT.
(a) The executive, legislative, and judicial branches of state government in
each member state shall enforce the Compact and shall take all actions necessary and
appropriate to effectuate the Compact's purposes and intent. The provisions of the
Compact and the rules promulgated hereunder shall have standing as statutory law but
shall not override existing state authority to regulate the practice of medicine.
(b) All courts shall take judicial notice of the Compact and the rules in any
judicial or administrative proceeding in a member state pertaining to the subject matter
of the Compact which may affect the powers, responsibilities or actions of the
Interstate Commission.
(c) The Interstate Commission shall be entitled to receive all services of
process in any such proceeding, and shall have standing to intervene in the proceeding
for all purposes. Failure to provide service of process to the Interstate Commission
shall render a judgment or order void as to the Interstate Commission, the Compact, or
promulgated rules.
SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT.
(a) The Interstate Commission, in the reasonable exercise of its discretion,
shall enforce the provisions and rules of the Compact.
(b) The Interstate Commission may, by majority vote of the Commissioners,
initiate legal action in the United States Court for the District of Columbia, or, at the
discretion of the Interstate Commission, in the federal district where the Interstate
Commission has its principal offices, to enforce compliance with the provisions of the
Compact, and its promulgated rules and bylaws, against a member state in default. The
relief sought may including both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be awarded all costs of such
litigation including reasonable attorney's fees.
(c) The remedies herein shall not be the exclusive remedies of the Interstate
Commission. The Interstate Commission may avail itself of any other remedies
available under state law or regulation of a profession.
SECTION 18. DEFAULT PROCEDURES.
(a) The grounds for default include, but are not limited to, failure of a member
state to perform such obligations or responsibilities imposed upon it by the Compact,
or the rules and bylaws of the Interstate Commission promulgated under the Compact.
(b) If the Interstate Commission determines that a member state has defaulted
in the performance of its obligations or responsibilities under the Compact, or the
bylaws or promulgated rules, the Interstate Commission shall
(1) provide written notice to the defaulting state and other member
states, of the nature of the default, the means of curing the default, and any action
taken by the Interstate Commission; the Interstate Commission shall specify the
conditions by which the defaulting state must cure its default; and
(2) provide remedial training and specific technical assistance
regarding the default.
(c) If the defaulting state fails to cure the default, the defaulting state shall be
terminated from the Compact upon an affirmative vote of a majority of the
Commissioners and all rights, privileges, and benefits conferred by the Compact shall
terminate on the effective date of termination. A cure of the default does not relieve
the offending state of obligations or liabilities incurred during the period of the
default.
(d) Termination of membership in the Compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to terminate
shall be given by the Interstate Commission to the governor, the majority and minority
leaders of the defaulting state's legislature, and each of the member states.
(e) The Interstate Commission shall establish rules and procedures to address
licenses and physicians that are materially impacted by the termination of a member
state, or the withdrawal of a member state.
(f) The member state which has been terminated is responsible for all due,
obligations, and liabilities incurred through the effective date of termination including
obligations, the performance of which extends beyond the effective date of
termination.
(g) The Interstate Commission shall not bear any costs relating to any state
that has been found to be in default or which has been terminated from the Compact,
unless otherwise mutually agreed upon in writing between the Interstate Commission
and the defaulting state.
(h) The defaulting state may appeal the action of the Interstate Commission by
petitioning the United States District Court for the District of Columbia or the federal
district where the Interstate Commission has its principal offices. The prevailing party
shall be awarded all costs of such litigation including reasonable attorney's fees.
SECTION 19. DISPUTE RESOLUTION.
(a) The Interstate Commission shall attempt, upon the request of a member
state, to resolve disputes which are subject to the Compact and which may arise
among member states or member boards.
(b) The Interstate Commission shall promulgate rules providing for both
mediation and binding dispute resolution as appropriate.
SECTION 20. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT.
(a) Any state is eligible to become a member of the Compact.
(b) The Compact shall become effective and binding upon legislative
enactment of the Compact into law by no less than seven (7) states. Thereafter, it shall
become effective and binding on a state upon enactment of the Compact into law by
that state.
(c) The governors of non-member states, or their designees, shall be invited to
participate in the activities of the Interstate Commission on a non-voting basis prior to
adoption of the Compact by all states.
(d) The Interstate Commission may propose amendments to the Compact for
enactment by the member states. No amendment shall become effective and binding
upon the Interstate Commission and the member states unless and until it is enacted
into law by unanimous consent of the member states.
SECTION 21. WITHDRAWAL.
(a) Once effective, the Compact shall continue in force and remain binding
upon each and every member state; provided that a member state may withdraw from
the Compact by specifically repealing the statute which enacted the Compact into law.
(b) Withdrawal from the Compact shall be by the enactment of a statute
repealing the same, but shall not take effect until one (1) year after the effective date
of such statute and until written notice of the withdrawal has been given by the
withdrawing state to the governor of each other member state.
(c) The withdrawing state shall immediately notify the chairperson of the
Interstate Commission in writing upon the introduction of legislation repealing the
Compact in the withdrawing state.
(d) The Interstate Commission shall notify the other member states of the
withdrawing state's intent to withdraw within sixty (60) days of its receipt of notice
provided under subsection (c).
(e) The withdrawing state is responsible for all dues, obligations and liabilities
incurred through the effective date of withdrawal, including obligations, the
performance of which extend beyond the effective date of withdrawal.
(f) Reinstatement following withdrawal of a member state shall occur upon
the withdrawing date reenacting the Compact or upon such later date as determined by
the Interstate Commission.
(g) The Interstate Commission is authorized to develop rules to address the
impact of the withdrawal of a member state on licenses granted in other member states
to physicians who designated the withdrawing member state as the state of principal
license.
SECTION 22. DISSOLUTION.
(a) The Compact shall dissolve effective upon the date of the withdrawal or
default of the member state which reduces the membership of the Compact to one (1)
member state.
(b) Upon the dissolution of the Compact, the Compact becomes null and void
and shall be of no further force or effect, and the business and affairs of the Interstate
Commission shall be concluded, and surplus funds shall be distributed in accordance
with the bylaws.
SECTION 23. SEVERABILITY AND CONSTRUCTION.
(a) The provisions of the Compact shall be severable, and if any phrase,
clause, sentence, or provision is deemed unenforceable, the remaining provisions of
the Compact shall be enforceable.
(b) The provisions of the Compact shall be liberally construed to effectuate its
purposes.
(c) Nothing in the Compact shall be construed to prohibit the applicability of
other interstate compacts to which the member states are members.
SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS.
(a) Nothing herein prevents the enforcement of any other law of a member
state that is not inconsistent with the Compact.
(b) All laws in a member state in conflict with the Compact are superseded to
the extent of the conflict.
(c) All lawful actions of the Interstate Commission, including all rules and
bylaws promulgated by the Commission, are binding upon the member states.
(d) All agreements between the Interstate Commission and the member states
are binding in accordance with their terms.
(e) In the event any provision of the Compact exceeds the constitutional limits
imposed on the legislature of any member state, such provision shall be ineffective to
the extent of the conflict with the constitutional provision in question in that member
state.
Sec. 08.64.254. PA Licensure Compact. The PA licensure compact as
contained in this section is enacted into law and entered into on behalf of the state with
all other states and jurisdictions legally joining it in a form substantially as follows:
SECTION 1. PURPOSE.
In order to strengthen access to Medical Services, and in recognition of the
advances in the delivery of Medical Services, the Participating States of the PA
Licensure Compact have allied in common purpose to develop a comprehensive
process that complements the existing authority of State Licensing Boards to license
and discipline PAs and seeks to enhance the portability of a License to practice as a
PA while safeguarding the safety of patients. This Compact allows Medical Services
to be provided by PAs, via the mutual recognition of the Licensee's Qualifying
License by other Compact Participating States. This Compact also adopts the
prevailing standard for PA licensure and affirms that the practice and delivery of
Medical Services by the PA occurs where the patient is located at the time of the
patient encounter, and therefore requires the PA to be under the jurisdiction of the
State Licensing Board where the patient is located. State Licensing Boards that
participate in this Compact retain the jurisdiction to impose Adverse Action against a
Compact Privilege in that State issued to a PA through the procedures of this
Compact. The PA Licensure Compact will alleviate burdens for military families by
allowing active duty military personnel and their spouses to obtain a Compact
Privilege based on having an unrestricted License in good standing from a
Participating State.
SECTION 2. DEFINITIONS.
In this Compact:
(A) "Adverse Action" means any administrative, civil, equitable, or criminal
action permitted by a State's laws which is imposed by a Licensing Board or other
authority against a PA License or License application or Compact Privilege such as
License denial, censure, revocation, suspension, probation, monitoring of the
Licensee, or restriction on the Licensee's practice.
(B) "Compact Privilege" means the authorization granted by a Remote State to
allow a Licensee from another Participating State to practice as a PA to provide
Medical Services and other licensed activity to a patient located in the Remote State
under the Remote State's laws and regulations.
(C) "Conviction" means a finding by a court that an individual is guilty of a
felony or misdemeanor offense through adjudication or entry of a plea of guilty or no
contest to the charge by the offender.
(D) "Criminal Background Check" means the submission of fingerprints or
other biometric-based information for a License applicant for the purpose of obtaining
that applicant's criminal history record information, as defined in 28 C.F.R. 20.3(d),
from the State's criminal history record repository as defined in 28 C.F.R. 20.3(f).
(E) "Data System" means the repository of information about Licensees,
including but not limited to License status and Adverse Actions, which is created and
administered under the terms of this Compact.
(F) "Executive Committee" means a group of directors and ex-officio
individuals elected or appointed pursuant to Section 7(F)(2).
(G) "Impaired Practitioner" means a PA whose practice is adversely affected
by health-related condition(s) that impact their ability to practice.
(H) "Investigative Information" means information, records, or documents
received or generated by a Licensing Board pursuant to an investigation.
(I) "Jurisprudence Requirement" means the assessment of an individual's
knowledge of the laws and Rules governing the practice of a PA in a State.
(J) "License" means current authorization by a State, other than authorization
pursuant to a Compact Privilege, for a PA to provide Medical Services, which would
be unlawful without current authorization.
(K) "Licensee" means an individual who holds a License from a State to
provide Medical Services as a PA.
(L) "Licensing Board" means any State entity authorized to license and
otherwise regulate PAs.
(M) "Medical Services" means health care services provided for the diagnosis,
prevention, treatment, cure or relief of a health condition, injury, or disease, as defined
by a State's laws and regulations.
(N) "Model Compact" means the model for the PA Licensure Compact on file
with The Council of State Governments or other entity as designated by the
Commission.
(O) "Participating State" means a State that has enacted this Compact.
(P) "PA" means an individual who is licensed as a physician assistant in a
State. For purposes of this Compact, any other title or status adopted by a State to
replace the term "physician assistant" shall be deemed synonymous with "physician
assistant" and shall confer the same rights and responsibilities to the Licensee under
the provisions of this Compact at the time of its enactment.
(Q) "PA Licensure Compact Commission," "Compact Commission," or
"Commission" mean the national administrative body created pursuant to Section 7(A)
of this Compact.
(R) "Qualifying License" means an unrestricted License issued by a
Participating State to provide Medical Services as a PA.
(S) "Remote State" means a Participating State where a Licensee who is not
licensed as a PA is exercising or seeking to exercise the Compact Privilege.
(T) "Rule" means a regulation promulgated by an entity that has the force and
effect of law.
(U) "Significant Investigative Information" means Investigative Information
that a Licensing Board, after an inquiry or investigation that includes notification and
an opportunity for the PA to respond if required by State law, has reason to believe is
not groundless and, if proven true, would indicate more than a minor infraction.
(V) "State" means any state, commonwealth, district, or territory of the United
States.
SECTION 3. STATE PARTICIPATION IN THIS COMPACT.
(A) To participate in this Compact, a Participating State shall:
(1) License PAs.
(2) Participate in the Compact Commission's Data System.
(3) Have a mechanism in place for receiving and investigating
complaints against Licensees and License applicants.
(4) Notify the Commission, in compliance with the terms of this
Compact and Commission Rules, of any Adverse Action against a Licensee or License
applicant and the existence of Significant Investigative Information regarding a
Licensee or License applicant.
(5) Fully implement a Criminal Background Check requirement,
within a time frame established by Commission Rule, by its Licensing Board receiving
the results of a Criminal Background Check and reporting to the Commission whether
the License applicant has been granted a License.
(6) Comply with the Rules of the Compact Commission.
(7) Utilize passage of a recognized national exam such as the NCCPA
PANCE as a requirement for PA licensure.
(8) Grant the Compact Privilege to a holder of a Qualifying License in
a Participating State.
(B) Nothing in this Compact prohibits a Participating State from charging a
fee for granting the Compact Privilege.
SECTION 4. COMPACT PRIVILEGE.
(A) To exercise the Compact Privilege, a Licensee must:
(1) Have graduated from a PA program accredited by the Accreditation
Review Commission on Education for the Physician Assistant, Inc. or other programs
authorized by Commission Rule.
(2) Hold current NCCPA certification.
(3) Have no felony or misdemeanor Conviction.
(4) Have never had a controlled substance license, permit, or
registration suspended or revoked by a State or by the United States Drug
Enforcement Administration.
(5) Have a unique identifier as determined by Commission Rule.
(6) Hold a Qualifying License.
(7) Have had no revocation of a License or limitation or restriction on
any License currently held due to an adverse action.
(8) If a Licensee has had a limitation or restriction on a License or
Compact Privilege due to an Adverse Action, two years must have elapsed from the
date on which the License or Compact Privilege is no longer limited or restricted due
to the Adverse Action.
(9) If a Compact Privilege has been revoked or is limited or restricted
in a Participating State for conduct that would not be a basis for disciplinary action in
a Participating State in which the Licensee is practicing or applying to practice under a
Compact Privilege, that Participating State shall have the discretion not to consider
such action as an Adverse Action requiring the denial or removal of a Compact
Privilege in that State.
(10) Notify the Compact Commission that the Licensee is seeking the
Compact Privilege in a Remote State.
(11) Meet any Jurisprudence Requirement of a Remote State in which
the Licensee is seeking to practice under the Compact Privilege and pay any fees
applicable to satisfying the Jurisprudence Requirement.
(12) Report to the Commission any Adverse Action taken by a non-
participating State within thirty (30) days after the action is taken.
(B) The Compact Privilege is valid until the expiration or revocation of the
Qualifying License unless terminated pursuant to an Adverse Action. The Licensee
must also comply with all of the requirements of (A) of this Section above to maintain
the Compact Privilege in a Remote State. If the Participating State takes Adverse
Action against a Qualifying License, the Licensee shall lose the Compact Privilege in
any Remote State in which the Licensee has a Compact Privilege until all of the
following occur:
(1) The License is no longer limited or restricted; and
(2) Two (2) years have elapsed from the date on which the License is
no longer limited or restricted due to the Adverse Action.
(C) Once a restricted or limited License satisfies the requirements of (B)(1)
and (2) of this Section, the Licensee must meet the requirements of (A) of this Section
to obtain a Compact Privilege in any Remote State.
(D) For each Remote State in which a PA seeks authority to prescribe
controlled substances, the PA shall satisfy all requirements imposed by such State in
granting or renewing such authority.
SECTION 5. DESIGNATION OF THE STATE FROM WHICH LICENSEE IS
APPLYING FOR A COMPACT PRIVILEGE.
(A) Upon a Licensee's application for a Compact Privilege, the Licensee shall
identify to the Commission the Participating State from which the Licensee is
applying, in accordance with applicable Rules adopted by the Commission, and
subject to the following requirements:
(1) When applying for a Compact Privilege, the Licensee shall provide
the Commission with the address of the Licensee's primary residence and thereafter
shall immediately report to the Commission any change in the address of the
Licensee's primary residence.
(2) When applying for a Compact Privilege, the Licensee is required to
consent to accept service of process by mail at the Licensee's primary residence on file
with the Commission with respect to any action brought against the Licensee by the
Commission or a Participating State, including a subpoena, with respect to any action
brought or investigation conducted by the Commission or a Participating State.
SECTION 6. ADVERSE ACTIONS.
(A) A Participating State in which a Licensee is licensed shall have exclusive
power to impose Adverse Action against the Qualifying License issued by that
Participating State.
(B) In addition to the other powers conferred by State law, a Remote State
shall have the authority, in accordance with existing State due process law, to do all of
the following:
(1) Take Adverse Action against a PA's Compact Privilege within that
State to remove a Licensee's Compact Privilege or take other action necessary under
applicable law to protect the health and safety of its citizens.
(2) Issue subpoenas for both hearings and investigations that require
the attendance and testimony of witnesses as well as the production of evidence.
Subpoenas issued by a Licensing Board in a Participating State for the attendance and
testimony of witnesses or the production of evidence from another Participating State
shall be enforced in the latter State by any court of competent jurisdiction, according
to the practice and procedure of that court applicable to subpoenas issued in
proceedings pending before it. The issuing authority shall pay any witness fees, travel
expenses, mileage and other fees required by the service statutes of the State in which
the witnesses or evidence are located.
(3) Notwithstanding (2) of this subsection, subpoenas may not be
issued by a Participating State to gather evidence of conduct in another State that is
lawful in that other State for the purpose of taking Adverse Action against a Licensee's
Compact Privilege or application for a Compact Privilege in that Participating State.
(4) Nothing in this Compact authorizes a Participating State to impose
discipline against a PA's Compact Privilege or to deny an application for a Compact
Privilege in that Participating State for the individual's otherwise lawful practice in
another State.
(C) For purposes of taking Adverse Action, the Participating State which
issued the Qualifying License shall give the same priority and effect to reported
conduct received from any other Participating State as it would if the conduct had
occurred within the Participating State which issued the Qualifying License. In so
doing, that Participating State shall apply its own State laws to determine appropriate
action.
(D) A Participating State, if otherwise permitted by State law, may recover
from the affected PA the costs of investigations and disposition of cases resulting from
any Adverse Action taken against that PA.
(E) A Participating State may take Adverse Action based on the factual
findings of a Remote State, provided that the Participating State follows its own
procedures for taking the Adverse Action.
(F) Joint Investigations.
(1) In addition to the authority granted to a Participating State by its
respective State PA laws and regulations or other applicable State law, any
Participating State may participate with other Participating States in joint
investigations of Licensees.
(2) Participating States shall share any investigative, litigation, or
compliance materials in furtherance of any joint or individual investigation initiated
under this Compact.
(G) If an Adverse Action is taken against a PA's Qualifying License, the PA's
Compact Privilege in all Remote States shall be deactivated until two (2) years have
elapsed after all restrictions have been removed from the State License. All
disciplinary orders by the Participating State which issued the Qualifying License that
impose Adverse Action against a PA's License shall include a Statement that the PA's
Compact Privilege is deactivated in all Participating States during the pendency of the
order.
(H) If any Participating State takes Adverse Action, it promptly shall notify
the administrator of the Data System.
SECTION 7. ESTABLISHMENT OF THE PA LICENSURE COMPACT
COMMISSION.
(A) The Participating States hereby create and establish a joint government
agency and national administrative body known as the PA Licensure Compact
Commission. The Commission is an instrumentality of the Compact States acting
jointly and not an instrumentality of any one State. The Commission shall come into
existence on or after the effective date of the Compact as set forth in Section 11(A).
(B) Membership, Voting, and Meetings.
(1) Each Participating State shall have and be limited to one (1)
delegate selected by that Participating State's Licensing Board or, if the State has more
than one Licensing Board, selected collectively by the Participating State's Licensing
Boards.
(2) The delegate shall be either:
(a) A current PA, physician or public member of a Licensing
Board or PA Council/Committee; or
(b) An administrator of a Licensing Board.
(3) Any delegate may be removed or suspended from office as
provided by the laws of the State from which the delegate is appointed.
(4) The Participating State Licensing Board shall fill any vacancy
occurring in the Commission within sixty (60) days.
(5) Each delegate shall be entitled to one (1) vote on all matters voted
on by the Commission and shall otherwise have an opportunity to participate in the
business and affairs of the Commission. A delegate shall vote in person or by such
other means as provided in the bylaws. The bylaws may provide for delegates'
participation in meetings by telecommunications, video conference, or other means of
communication.
(6) The Commission shall meet at least once during each calendar
year. Additional meetings shall be held as set forth in this Compact and the bylaws.
(7) The Commission shall establish by Rule a term of office for
delegates.
(C) The Commission shall have the following powers and duties:
(1) Establish a code of ethics for the Commission;
(2) Establish the fiscal year of the Commission;
(3) Establish fees;
(4) Establish bylaws;
(5) Maintain its financial records in accordance with the bylaws;
(6) Meet and take such actions as are consistent with the provisions of
this Compact and the bylaws;
(7) Promulgate Rules to facilitate and coordinate implementation and
administration of this Compact. The Rules shall have the force and effect of law and
shall be binding in all Participating States;
(8) Bring and prosecute legal proceedings or actions in the name of the
Commission, provided that the standing of any State Licensing Board to sue or be
sued under applicable law shall not be affected;
(9) Purchase and maintain insurance and bonds;
(10) Borrow, accept, or contract for services of personnel, including,
but not limited to, employees of a Participating State;
(11) Hire employees and engage contractors, elect or appoint officers,
fix compensation, define duties, grant such individuals appropriate authority to carry
out the purposes of this Compact, and establish the Commission's personnel policies
and programs relating to conflicts of interest, qualifications of personnel, and other
related personnel matters;
(12) Accept any and all appropriate donations and grants of money,
equipment, supplies, materials and services, and receive, utilize and dispose of the
same; provided that at all times the Commission shall avoid any appearance of
impropriety or conflict of interest;
(13) Lease, purchase, accept appropriate gifts or donations of, or
otherwise own, hold, improve or use, any property, real, personal or mixed; provided
that at all times the Commission shall avoid any appearance of impropriety;
(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property real, personal, or mixed;
(15) Establish a budget and make expenditures;
(16) Borrow money;
(17) Appoint committees, including standing committees composed of
members, State regulators, State legislators or their representatives, and consumer
representatives, and such other interested persons as may be designated in this
Compact and the bylaws;
(18) Provide and receive information from, and cooperate with, law
enforcement agencies;
(19) Elect a Chair, Vice Chair, Secretary and Treasurer and such other
officers of the Commission as provided in the Commission's bylaws;
(20) Reserve for itself, in addition to those reserved exclusively to the
Commission under the Compact, powers that the Executive Committee may not
exercise;
(21) Approve or disapprove a State's participation in the Compact
based upon its determination as to whether the State's Compact legislation departs in a
material manner from the Model Compact language;
(22) Prepare and provide to the Participating States an annual report;
and
(23) Perform such other functions as may be necessary or appropriate
to achieve the purposes of this Compact consistent with the State regulation of PA
licensure and practice.
(D) Meetings of the Commission.
(1) All meetings of the Commission that are not closed pursuant to this
subsection shall be open to the public. Notice of public meetings shall be posted on the
Commission's website at least thirty (30) days prior to the public meeting.
(2) Notwithstanding (D)(1) of this Section, the Commission may
convene a public meeting by providing at least twenty-four (24) hours prior notice on
the Commission's website, and any other means as provided in the Commission's
Rules, for any of the reasons it may dispense with notice of proposed rulemaking
under Section 9(L).
(3) The Commission may convene in a closed, non-public meeting or
non-public part of a public meeting to receive legal advice or to discuss:
(a) Non-compliance of a Participating State with its obligations
under this Compact;
(b) The employment, compensation, discipline or other matters,
practices or procedures related to specific employees or other matters related to
the Commission's internal personnel practices and procedures;
(c) Current, threatened, or reasonably anticipated litigation;
(d) Negotiation of contracts for the purchase, lease, or sale of
goods, services, or real estate;
(e) Accusing any person of a crime or formally censuring any
person;
(f) Disclosure of trade secrets or commercial or financial
information that is privileged or confidential;
(g) Disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of personal privacy;
(h) Disclosure of investigative records compiled for law
enforcement purposes;
(i) Disclosure of information related to any investigative
reports prepared by or on behalf of or for use of the Commission or other
committee charged with responsibility of investigation or determination of
compliance issues pursuant to this Compact;
(j) Legal advice; or
(k) Matters specifically exempted from disclosure by federal or
Participating States' statutes.
(4) If a meeting, or portion of a meeting, is closed pursuant to this
provision, the chair of the meeting or the chair's designee shall certify that the meeting
or portion of the meeting may be closed and shall reference each relevant exempting
provision.
(5) The Commission shall keep minutes that fully and clearly describe
all matters discussed in a meeting and shall provide a full and accurate summary of
actions taken, including a description of the views expressed. All documents
considered in connection with an action shall be identified in such minutes. All
minutes and documents of a closed meeting shall remain under seal, subject to release
by a majority vote of the Commission or order of a court of competent jurisdiction.
(E) Financing of the Commission.
(1) The Commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization, and ongoing activities.
(2) The Commission may accept any and all appropriate revenue
sources, donations, and grants of money, equipment, supplies, materials, and services.
(3) The Commission may levy on and collect an annual assessment
from each Participating State and may impose Compact Privilege fees on Licensees of
Participating States to whom a Compact Privilege is granted to cover the cost of the
operations and activities of the Commission and its staff, which must be in a total
amount sufficient to cover its annual budget as approved by the Commission each year
for which revenue is not provided by other sources. The aggregate annual assessment
amount levied on Participating States shall be allocated based upon a formula to be
determined by Commission Rule.
(a) A Compact Privilege expires when the Licensee's
Qualifying License in the Participating State from which the Licensee applied
for the Compact Privilege expires.
(b) If the Licensee terminates the Qualifying License through
which the Licensee applied for the Compact Privilege before its scheduled
expiration, and the Licensee has a Qualifying License in another Participating
State, the Licensee shall inform the Commission that it is changing to that
Participating State the Participating State through which it applies for a
Compact Privilege and pay to the Commission any Compact Privilege fee
required by Commission Rule.
(4) The Commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same; nor shall the Commission pledge the
credit of any of the Participating States, except by and with the authority of the
Participating State.
(5) The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject to
the financial review and accounting procedures established under its bylaws. All
receipts and disbursements of funds handled by the Commission shall be subject to an
annual financial review by a certified or licensed public accountant, and the report of
the financial review shall be included in and become part of the annual report of the
Commission.
(F) The Executive Committee.
(1) The Executive Committee shall have the power to act on behalf of
the Commission according to the terms of this Compact and Commission Rules.
(2) The Executive Committee shall be composed of nine (9) members:
(a) Seven voting members who are elected by the Commission
from the current membership of the Commission;
(b) One ex-officio, nonvoting member from a recognized
national PA professional association; and
(c) One ex-officio, nonvoting member from a recognized
national PA certification organization.
(3) The ex-officio members will be selected by their respective
organizations.
(4) The Commission may remove any member of the Executive
Committee as provided in its bylaws.
(5) The Executive Committee shall meet at least annually.
(6) The Executive Committee shall have the following duties and
responsibilities:
(a) Recommend to the Commission changes to the
Commission's Rules or bylaws, changes to this Compact legislation, fees to be
paid by Compact Participating States such as annual dues, and any
Commission Compact fee charged to Licensees for the Compact Privilege;
(b) Ensure Compact administration services are appropriately
provided, contractual or otherwise;
(c) Prepare and recommend the budget;
(d) Maintain financial records on behalf of the Commission;
(e) Monitor Compact compliance of Participating States and
provide compliance reports to the Commission;
(f) Establish additional committees as necessary;
(g) Exercise the powers and duties of the Commission during
the interim between Commission meetings, except for issuing proposed
rulemaking or adopting Commission Rules or bylaws, or exercising any other
powers and duties exclusively reserved to the Commission by the
Commission's Rules; and
(h) Perform other duties as provided in the Commission's Rules
or bylaws.
(7) All meetings of the Executive Committee at which it votes or plans
to vote on matters in exercising the powers and duties of the Commission shall be
open to the public and public notice of such meetings shall be given as public
meetings of the Commission are given.
(8) The Executive Committee may convene in a closed, non-public
meeting for the same reasons that the Commission may convene in a non-public
meeting as set forth in Section 7(D)(3) and shall announce the closed meeting as the
Commission is required to under Section 7(D)(4) and keep minutes of the closed
meeting as the Commission is required to under Section 7(D)(5).
(G) Qualified Immunity, Defense, and Indemnification.
(1) The members, officers, executive director, employees and
representatives of the Commission shall be immune from suit and liability, both
personally and in their official capacity, for any claim for damage to or loss of
property or personal injury or other civil liability caused by or arising out of any actual
or alleged act, error, or omission that occurred, or that the person against whom the
claim is made had a reasonable basis for believing occurred within the scope of
Commission employment, duties or responsibilities; provided that nothing in this
paragraph shall be construed to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the intentional or willful or wanton
misconduct of that person. The procurement of insurance of any type by the
Commission shall not in any way compromise or limit the immunity granted
hereunder.
(2) The Commission shall defend any member, officer, executive
director, employee, and representative of the Commission in any civil action seeking
to impose liability arising out of any actual or alleged act, error, or omission that
occurred within the scope of Commission employment, duties, or responsibilities, or
as determined by the Commission that the person against whom the claim is made had
a reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining their own counsel at their own
expense; and provided further, that the actual or alleged act, error, or omission did not
result from that person's intentional or willful or wanton misconduct.
(3) The Commission shall indemnify and hold harmless any member,
officer, executive director, employee, and representative of the Commission for the
amount of any settlement or judgment obtained against that person arising out of any
actual or alleged act, error, or omission that occurred within the scope of Commission
employment, duties, or responsibilities, or that such person had a reasonable basis for
believing occurred within the scope of Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission did not result
from the intentional or willful or wanton misconduct of that person.
(4) Venue is proper and judicial proceedings by or against the
Commission shall be brought solely and exclusively in a court of competent
jurisdiction where the principal office of the Commission is located. The Commission
may waive venue and jurisdictional defenses in any proceedings as authorized by
Commission Rules.
(5) Nothing herein shall be construed as a limitation on the liability of
any Licensee for professional malpractice or misconduct, which shall be governed
solely by any other applicable State laws.
(6) Nothing herein shall be construed to designate the venue or
jurisdiction to bring actions for alleged acts of malpractice, professional misconduct,
negligence, or other such civil action pertaining to the practice of a PA. All such
matters shall be determined exclusively by State law other than this Compact.
(7) Nothing in this Compact shall be interpreted to waive or otherwise
abrogate a Participating State's state action immunity or state action affirmative
defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any
other State or federal antitrust or anticompetitive law or regulation.
(8) Nothing in this Compact shall be construed to be a waiver of
sovereign immunity by the Participating States or by the Commission.
SECTION 8. DATA SYSTEM.
(A) The Commission shall provide for the development, maintenance,
operation, and utilization of a coordinated data and reporting system containing
licensure, Adverse Action, and the reporting of the existence of Significant
Investigative Information on all licensed PAs and applicants denied a License in
Participating States.
(B) Notwithstanding any other State law to the contrary, a Participating State
shall submit a uniform data set to the Data System on all PAs to whom this Compact
is applicable (utilizing a unique identifier) as required by the Rules of the
Commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Adverse Actions against a License or Compact Privilege;
(4) Any denial of application for licensure, and the reason(s) for such
denial (excluding the reporting of any Criminal history record information where
prohibited by law);
(5) The existence of Significant Investigative Information; and
(6) Other information that may facilitate the administration of this
Compact, as determined by the Rules of the Commission.
(C) Significant Investigative Information pertaining to a Licensee in any
Participating State shall only be available to other Participating States.
(D) The Commission shall promptly notify all Participating States of any
Adverse Action taken against a Licensee or an individual applying for a License that
has been reported to it. This Adverse Action information shall be available to any
other Participating State.
(E) Participating States contributing information to the Data System may, in
accordance with State or federal law, designate information that may not be shared
with the public without the express permission of the contributing State.
Notwithstanding any such designation, such information shall be reported to the
Commission through the Data System.
(F) Any information submitted to the Data System that is subsequently
expunged pursuant to federal law or the laws of the Participating State contributing the
information shall be removed from the Data System upon reporting of such by the
Participating State to the Commission.
(G) The records and information provided to a Participating State pursuant to
this Compact or through the Data System, when certified by the Commission or an
agent thereof, shall constitute the authenticated business records of the Commission,
and shall be entitled to any associated hearsay exception in any relevant judicial,
quasi-judicial or administrative proceedings in a Participating State.
SECTION 9. RULEMAKING.
(A) The Commission shall exercise its Rulemaking powers pursuant to the
criteria set forth in this Section and the Rules adopted thereunder. Commission Rules
shall become binding as of the date specified by the Commission for each Rule.
(B) The Commission shall promulgate reasonable Rules in order to effectively
and efficiently implement and administer this Compact and achieve its purposes. A
Commission Rule shall be invalid and have no force or effect only if a court of
competent jurisdiction holds that the Rule is invalid because the Commission
exercised its rulemaking authority in a manner that is beyond the scope of the
purposes of this Compact, or the powers granted hereunder, or based upon another
applicable standard of review.
(C) The Rules of the Commission shall have the force of law in each
Participating State, provided however that where the Rules of the Commission conflict
with the laws of the Participating State that establish the medical services a PA may
perform in the Participating State, as held by a court of competent jurisdiction, the
Rules of the Commission shall be ineffective in that State to the extent of the conflict.
(D) If a majority of the legislatures of the Participating States rejects a
Commission Rule, by enactment of a statute or resolution in the same manner used to
adopt this Compact within four (4) years of the date of adoption of the Rule, then such
Rule shall have no further force and effect in any Participating State or to any State
applying to participate in the Compact.
(E) Commission Rules shall be adopted at a regular or special meeting of the
Commission.
(F) Prior to promulgation and adoption of a final Rule or Rules by the
Commission, and at least thirty (30) days in advance of the meeting at which the Rule
will be considered and voted upon, the Commission shall file a Notice of Proposed
Rulemaking:
(1) On the website of the Commission or other publicly accessible
platform; and
(2) To persons who have requested notice of the Commission's notices
of proposed rulemaking; and
(3) In such other way(s) as the Commission may by Rule specify.
(G) The Notice of Proposed Rulemaking shall include:
(1) The time, date, and location of the public hearing on the proposed
Rule and the proposed time, date and location of the meeting in which the proposed
Rule will be considered and voted upon;
(2) The text of the proposed Rule and the reason for the proposed
Rule;
(3) A request for comments on the proposed Rule from any interested
person and the date by which written comments must be received; and
(4) The manner in which interested persons may submit notice to the
Commission of their intention to attend the public hearing or provide any written
comments.
(H) Prior to adoption of a proposed Rule, the Commission shall allow persons
to submit written data, facts, opinions, and arguments, which shall be made available
to the public.
(I) If the hearing is to be held via electronic means, the Commission shall
publish the mechanism for access to the electronic hearing.
(1) All persons wishing to be heard at the hearing shall as directed in
the Notice of Proposed Rulemaking, not less than five (5) business days before the
scheduled date of the hearing, notify the Commission of their desire to appear and
testify at the hearing.
(2) Hearings shall be conducted in a manner providing each person
who wishes to comment a fair and reasonable opportunity to comment orally or in
writing.
(3) All hearings shall be recorded. A copy of the recording and the
written comments, data, facts, opinions, and arguments received in response to the
proposed rulemaking shall be made available to a person upon request.
(4) Nothing in this section shall be construed as requiring a separate
hearing on each proposed Rule. Proposed Rules may be grouped for the convenience
of the Commission at hearings required by this section.
(J) Following the public hearing the Commission shall consider all written and
oral comments timely received.
(K) The Commission shall, by majority vote of all delegates, take final action
on the proposed Rule and shall determine the effective date of the Rule, if adopted,
based on the Rulemaking record and the full text of the Rule.
(1) If adopted, the Rule shall be posted on the Commission's website.
(2) The Commission may adopt changes to the proposed Rule
provided the changes do not enlarge the original purpose of the proposed Rule.
(3) The Commission shall provide on its website an explanation of the
reasons for substantive changes made to the proposed Rule as well as reasons for
substantive changes not made that were recommended by commenters.
(4) The Commission shall determine a reasonable effective date for the
Rule. Except for an emergency as provided in (L) of this Section, the effective date of
the Rule shall be no sooner than thirty (30) days after the Commission issued the
notice that it adopted the Rule.
(L) Upon determination that an emergency exists, the Commission may
consider and adopt an emergency Rule with twenty-four (24) hours prior notice,
without the opportunity for comment, or hearing, provided that the usual rulemaking
procedures provided in this Compact and in this section shall be retroactively applied
to the Rule as soon as reasonably possible, in no event later than ninety (90) days after
the effective date of the Rule. For the purposes of this provision, an emergency Rule is
one that must be adopted immediately by the Commission in order to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of Commission or Participating State funds;
(3) Meet a deadline for the promulgation of a Commission Rule that is
established by federal law or Rule; or
(4) Protect public health and safety.
(M) The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted Commission Rule for purposes of correcting
typographical errors, errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the website of the Commission. The
revision shall be subject to challenge by any person for a period of thirty (30) days
after posting. The revision may be challenged only on grounds that the revision results
in a material change to a Rule. A challenge shall be made as set forth in the notice of
revisions and delivered to the Commission prior to the end of the notice period. If no
challenge is made, the revision will take effect without further action. If the revision is
challenged, the revision may not take effect without the approval of the Commission.
(N) No Participating State's rulemaking requirements shall apply under this
Compact.
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.
(A) Oversight.
(1) The executive and judicial branches of State government in each
Participating State shall enforce this Compact and take all actions necessary and
appropriate to implement the Compact.
(2) Venue is proper and judicial proceedings by or against the
Commission shall be brought solely and exclusively in a court of competent
jurisdiction where the principal office of the Commission is located. The Commission
may waive venue and jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings. Nothing herein shall affect or
limit the selection or propriety of venue in any action against a Licensee for
professional malpractice, misconduct or any such similar matter.
(3) The Commission shall be entitled to receive service of process in
any proceeding regarding the enforcement or interpretation of the Compact or the
Commission's Rules and shall have standing to intervene in such a proceeding for all
purposes. Failure to provide the Commission with service of process shall render a
judgment or order in such proceeding void as to the Commission, this Compact, or
Commission Rules.
(B) Default, Technical Assistance, and Termination.
(1) If the Commission determines that a Participating State has
defaulted in the performance of its obligations or responsibilities under this Compact
or the Commission Rules, the Commission shall provide written notice to the
defaulting State and other Participating States. The notice shall describe the default,
the proposed means of curing the default and any other action that the Commission
may take and shall offer remedial training and specific technical assistance regarding
the default.
(2) If a State in default fails to cure the default, the defaulting State
may be terminated from this Compact upon an affirmative vote of a majority of the
delegates of the Participating States, and all rights, privileges and benefits conferred
by this Compact upon such State may be terminated on the effective date of
termination. A cure of the default does not relieve the offending State of obligations or
liabilities incurred during the period of default.
(3) Termination of participation in this Compact shall be imposed only
after all other means of securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the Commission to the governor, the majority
and minority leaders of the defaulting State's legislature, and to the Licensing Board(s)
of each of the Participating States.
(4) A State that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination, including
obligations that extend beyond the effective date of termination.
(5) The Commission shall not bear any costs related to a State that is
found to be in default or that has been terminated from this Compact, unless agreed
upon in writing between the Commission and the defaulting State.
(6) The defaulting State may appeal its termination from the Compact
by the Commission by petitioning the U.S. District Court for the District of Columbia
or the federal district where the Commission has its principal offices. The prevailing
member shall be awarded all costs of such litigation, including reasonable attorney's
fees.
(7) Upon the termination of a State's participation in the Compact, the
State shall immediately provide notice to all Licensees within that State of such
termination:
(a) Licensees who have been granted a Compact Privilege in
that State shall retain the Compact Privilege for one hundred eighty (180) days
following the effective date of such termination.
(b) Licensees who are licensed in that State who have been
granted a Compact Privilege in a Participating State shall retain the Compact
Privilege for one hundred eighty (180) days unless the Licensee also has a
Qualifying License in a Participating State or obtains a Qualifying License in a
Participating State before the one hundred eighty (180)-day period ends, in
which case the Compact Privilege shall continue.
(C) Dispute Resolution.
(1) Upon request by a Participating State, the Commission shall
attempt to resolve disputes related to this Compact that arise among Participating
States and between participating and non-Participating States.
(2) The Commission shall promulgate a Rule providing for both
mediation and binding dispute resolution for disputes as appropriate.
(D) Enforcement.
(1) The Commission, in the reasonable exercise of its discretion, shall
enforce the provisions of this Compact and Rules of the Commission.
(2) If compliance is not secured after all means to secure compliance
have been exhausted, by majority vote, the Commission may initiate legal action in the
United States District Court for the District of Columbia or the federal district where
the Commission has its principal offices, against a Participating State in default to
enforce compliance with the provisions of this Compact and the Commission's
promulgated Rules and bylaws. The relief sought may include both injunctive relief
and damages. In the event judicial enforcement is necessary, the prevailing party shall
be awarded all costs of such litigation, including reasonable attorney's fees.
(3) The remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies available under federal
or State law.
(E) Legal Action Against the Commission.
(1) A Participating State may initiate legal action against the
Commission in the U.S. District Court for the District of Columbia or the federal
district where the Commission has its principal offices to enforce compliance with the
provisions of the Compact and its Rules. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary, the prevailing party
shall be awarded all costs of such litigation, including reasonable attorney's fees.
(2) No person other than a Participating State shall enforce this
Compact against the Commission.
SECTION 11. DATE OF IMPLEMENTATION OF THE PA LICENSURE
COMPACT COMMISSION.
(A) This Compact shall come into effect on the date on which this Compact
statute is enacted into law in the seventh Participating State.
(1) On or after the effective date of the Compact, the Commission shall
convene and review the enactment of each of the States that enacted the Compact prior
to the Commission convening ("Charter Participating States") to determine if the
statute enacted by each such Charter Participating State is materially different than the
Model Compact.
(a) A Charter Participating State whose enactment is found to
be materially different from the Model Compact shall be entitled to the default
process set forth in Section 10(B).
(b) If any Participating State later withdraws from the Compact
or its participation is terminated, the Commission shall remain in existence and
the Compact shall remain in effect even if the number of Participating States
should be less than seven. Participating States enacting the Compact
subsequent to the Commission convening shall be subject to the process set
forth in Section 7(C)(21) to determine if their enactments are materially
different from the Model Compact and whether they qualify for participation in
the Compact.
(2) Participating States enacting the Compact subsequent to the seven
initial Charter Participating States shall be subject to the process set forth in Section
7(C)(21) to determine if their enactments are materially different from the Model
Compact and whether they qualify for participation in the Compact.
(3) All actions taken for the benefit of the Commission or in
furtherance of the purposes of the administration of the Compact prior to the effective
date of the Compact or the Commission coming into existence shall be considered to
be actions of the Commission unless specifically repudiated by the Commission.
(B) Any State that joins this Compact shall be subject to the Commission's
Rules and bylaws as they exist on the date on which this Compact becomes law in that
State. Any Rule that has been previously adopted by the Commission shall have the
full force and effect of law on the day this Compact becomes law in that State.
(C) Any Participating State may withdraw from this Compact by enacting a
statute repealing the same.
(1) A Participating State's withdrawal shall not take effect until one
hundred eighty (180) days after enactment of the repealing statute. During this one
hundred eighty (180)-day period, all Compact Privileges that were in effect in the
withdrawing State and were granted to Licensees licensed in the withdrawing State
shall remain in effect. If any Licensee licensed in the withdrawing State is also
licensed in another Participating State or obtains a license in another Participating
State within the one hundred eighty (180) days, the Licensee's Compact Privileges in
other Participating States shall not be affected by the passage of the one hundred
eighty (180) days.
(2) Withdrawal shall not affect the continuing requirement of the State
Licensing Board(s) of the withdrawing State to comply with the investigative, and
Adverse Action reporting requirements of this Compact prior to the effective date of
withdrawal.
(3) Upon the enactment of a statute withdrawing a State from this
Compact, the State shall immediately provide notice of such withdrawal to all
Licensees within that State. Such withdrawing State shall continue to recognize all
licenses granted pursuant to this Compact for a minimum of one hundred eighty (180)
days after the date of such notice of withdrawal.
(D) Nothing contained in this Compact shall be construed to invalidate or
prevent any PA licensure agreement or other cooperative arrangement between
Participating States and between a Participating State and non-Participating State that
does not conflict with the provisions of this Compact.
(E) This Compact may be amended by the Participating States. No amendment
to this Compact shall become effective and binding upon any Participating State until
it is enacted materially in the same manner into the laws of all Participating States as
determined by the Commission.
SECTION 12. CONSTRUCTION AND SEVERABILITY.
(A) This Compact and the Commission's rulemaking authority shall be
liberally construed so as to effectuate the purposes, and the implementation and
administration of the Compact. Provisions of the Compact expressly authorizing or
requiring the promulgation of Rules shall not be construed to limit the Commission's
rulemaking authority solely for those purposes.
(B) The provisions of this Compact shall be severable and if any phrase,
clause, sentence or provision of this Compact is held by a court of competent
jurisdiction to be contrary to the constitution of any Participating State, a State seeking
participation in the Compact, or of the United States, or the applicability thereof to any
government, agency, person or circumstance is held to be unconstitutional by a court
of competent jurisdiction, the validity of the remainder of this Compact and the
applicability thereof to any other government, agency, person or circumstance shall
not be affected thereby.
(C) Notwithstanding (B) of this section or this section, the Commission may
deny a State's participation in the Compact or, in accordance with the requirements of
Section 10(B), terminate a Participating State's participation in the Compact, if it
determines that a constitutional requirement of a Participating State is, or would be
with respect to a State seeking to participate in the Compact, a material departure from
the Compact. Otherwise, if this Compact shall be held to be contrary to the
constitution of any Participating State, the Compact shall remain in full force and
effect as to the remaining Participating States and in full force and effect as to the
Participating State affected as to all severable matters.
SECTION 13. BINDING EFFECT OF COMPACT.
(A) Nothing herein prevents the enforcement of any other law of a
Participating State that is not inconsistent with this Compact.
(B) Any laws in a Participating State in conflict with this Compact are
superseded to the extent of the conflict.
(C) All agreements between the Commission and the Participating States are
binding in accordance with their terms.
* Sec. 7. AS 08.64.315 is amended to read:
Sec. 08.64.315. Fees. The department shall set fees under AS 08.01.065 for
each of the following:
(1) application;
(2) license by examination;
(3) license by endorsement or waiver of examination;
(4) temporary permit;
(5) locum tenens permit;
(6) license renewal, active;
(7) license renewal, inactive;
(8) license by reexamination;
(9) expedited license issued or renewed through the Interstate
Medical Licensure Compact under AS 08.64.253;
(10) compact privilege.
* Sec. 8. AS 08.86.070 is amended to read:
Sec. 08.86.070. Duties of the board. The board shall
(1) establish objective examination requirements for persons who
apply for a license to practice psychology in the state;
(2) examine, or cause to be examined, eligible license applicants;
(3) approve the issuance of licenses to qualified applicants;
(4) adopt regulations establishing standards for the practice of
psychology;
(5) impose disciplinary sanctions as authorized by this chapter;
(6) adopt regulations requiring proof of continued competency for
license renewal;
(7) review, when requested by the department, the quality and
availability of psychological services in the state;
(8) compile information for submission to the department on the
practice of psychology by psychologists and psychological associates in the state;
(9) implement the Psychology Interjurisdictional Compact under
AS 08.86.225.
* Sec. 9. AS 08.86.130(a) is amended to read:
(a) The board shall issue a psychologist license to a person who
(1) holds an earned doctorate degree, from an academic institution
whose program of graduate study for a doctorate degree in psychology meets the
criteria established by the board by regulation, in
(A) clinical psychology;
(B) counseling psychology; or
(C) education in a field of specialization considered equivalent
by the board;
(2) has not engaged in dishonorable conduct related to the practice of
counseling or psychometry;
(3) has one year of post doctoral supervised experience approved by
the board; [AND]
(4) takes and passes the objective examination developed or approved
by the board; and
(5) has been fingerprinted and has provided the fees required by
the Department of Public Safety under AS 12.62.160 for criminal justice
information and a national criminal history record check; the fingerprints and
fees shall be forwarded to the Department of Public Safety to obtain a report of
criminal justice information under AS 12.62 and a national criminal history
record check under AS 12.62.400; criminal justice information and criminal
history record information obtained under this paragraph may only be used by
the board for the purpose of determining an applicant's qualifications and fitness
for a license or authority to practice under this chapter.
* Sec. 10. AS 08.86.140(a) is amended to read:
(a) The department shall set fees under AS 08.01.065 for the following:
(1) application;
(2) examination;
(3) credential review;
(4) initial license;
(5) license renewal;
(6) authority to practice under AS 08.86.225.
* Sec. 11. AS 08.86.150 is amended to read:
Sec. 08.86.150. License by credentials. A person who is licensed or certified
as a psychologist by a licensing authority other than the state is entitled to be licensed
in the state without examination if the person applies on the proper application form,
submits proof of continued competence as required by regulation of the board,
submits the person's fingerprints and fees as required under (b) of this section,
pays the credential review fee, and the person
(1) holds a doctoral degree with primary emphasis on psychology that
satisfies the requirements of AS 08.86.130 and the examination and qualification
requirements for the person's out-of-state license or certificate were essentially similar
to or higher than the examination and qualification requirements for licensure under
this chapter;
(2) is a diplomate in good standing of the American Board of
Professional Psychology; or
(3) is certified or registered with a credentialing organization in
psychology approved by the board in regulation and with requirements essentially
similar to or higher than the requirements for licensure under this chapter.
* Sec. 12. AS 08.86.150 is amended by adding a new subsection to read:
(b) An applicant for a license by credentials shall submit to the board the
applicant's fingerprints and the fees required by the Department of Public Safety under
AS 12.62.160 for criminal justice information and a national criminal history record
check. The board shall forward the fingerprints and fees to the Department of Public
Safety to obtain a report of criminal justice information under AS 12.62 and a national
criminal history record check under AS 12.62.400. Criminal justice information and
criminal history record information obtained under this subsection may only be used
by the board for the purpose of determining an applicant's qualifications and fitness
for a license or authority to practice under this chapter.
* Sec. 13. AS 08.86 is amended by adding a new section to read:
Article 5A. Psychology Interjurisdictional Compact.
Sec. 08.86.225. Compact enacted. The Psychology Interjurisdictional
Compact as contained in this section is enacted into law and entered into on behalf of
the state with all other states and jurisdictions legally joining it in a form substantially
as follows:
ARTICLE I. PURPOSE.
Whereas, states license psychologists, in order to protect the public through
verification of education, training and experience and ensure accountability for
professional practice; and
Whereas, this Compact is intended to regulate the day to day practice of
telepsychology (i.e. the provision of psychological services using telecommunication
technologies) by psychologists across state boundaries in the performance of their
psychological practice as assigned by an appropriate authority; and
Whereas, this Compact is intended to regulate the temporary in-person, face-
to-face practice of psychology by psychologists across state boundaries for 30 days
within a calendar year in the performance of their psychological practice as assigned
by an appropriate authority;
Whereas, this Compact is intended to authorize State Psychology Regulatory
Authorities to afford legal recognition, in a manner consistent with the terms of the
Compact, to psychologists licensed in another state;
Whereas, this Compact recognizes that states have a vested interest in
protecting the public's health and safety through their licensing and regulation of
psychologists and that such state regulation will best protect public health and safety;
Whereas, this Compact does not apply when a psychologist is licensed in both
the home and Receiving States; and
Whereas, this Compact does not apply to permanent in-person, face-to-face
practice, it does allow for authorization of temporary psychological practice.
Consistent with these principles, this Compact is designed to achieve the
following purposes and objectives:
(1) Increase public access to professional psychological services by
allowing for telepsychological practice across state lines as well as temporary in-
person, face-to-face services in a state which the psychologist is not licensed to
practice psychology;
(2) Enhance the states' ability to protect the public's health and safety,
especially client/patient safety;
(3) Encourage the cooperation of Compact States in the areas of
psychology licensure and regulation;
(4) Facilitate the exchange of information between Compact States
regarding psychologist licensure, adverse actions and disciplinary history;
(5) Promote compliance with the laws governing psychological
practice in each Compact State; and
(6) Invest all Compact States with the authority to hold licensed
psychologists accountable through the mutual recognition of Compact State licenses.
ARTICLE II. DEFINITIONS.
As used in this Compact, unless the context clearly requires a different construction,
(A) "Adverse Action" means: any action taken by a State Psychology
Regulatory Authority which finds a violation of a statute or regulation that is identified
by the State Psychology Regulatory Authority as discipline and is a matter of public
record;
(B) "Association of State and Provincial Psychology Boards" means:
the recognized membership organization composed of State and Provincial
Psychology Regulatory Authorities responsible for the licensure and registration of
psychologists throughout the United States and Canada;
(C) "Authority to Practice Interjurisdictional Telepsychology" means:
a licensed psychologist's authority to practice telepsychology, within the limits
authorized under this Compact, in another Compact State;
(D) "Bylaws" means: those Bylaws established by the Psychology
Interjurisdictional Compact Commission pursuant to Article X for its governance, or
for directing and controlling its actions and conduct;
(E) "Client/Patient" means: the recipient of psychological services,
whether psychological services are delivered in the context of healthcare, corporate,
supervision, and/or consulting services;
(F) "Commissioner" means: the voting representative appointed by
each State Psychology Regulatory Authority pursuant to Article X;
(G) "Compact State" means: a state, the District of Columbia, or
United States territory that has enacted this Compact legislation and which has not
withdrawn pursuant to Article XIII(C) or been terminated pursuant to Article XII(B);
(H) "Confidentiality" means: the principle that data or information is
not made available or disclosed to unauthorized persons and/or processes;
(I) "Coordinated Licensure Information System" and "Coordinated
Database" mean: an integrated process for collecting, storing, and sharing information
on psychologists' licensure and enforcement activities related to psychology licensure
laws, which is administered by the recognized membership organization composed of
state and provincial psychology regulatory authorities;
(J) "Day" means: any part of a day in which psychological work is
performed;
(K) "Distant State" means: the Compact State where a psychologist is
physically present (not through the use of telecommunications technologies), to
provide temporary in-person, face-to-face psychological services;
(L) "E.Passport" means: a certificate issued by the Association of State
and Provincial Psychology Boards that promotes the standardization in the criteria of
interjurisdictional telepsychology practice and facilitates the process for licensed
psychologists to provide telepsychological services across state lines;
(M) "Executive Board" means: a group of directors elected or
appointed to act on behalf of, and within the powers granted to them by, the
Commission;
(N) "Home State" means: a Compact State where a psychologist is
licensed to practice psychology; if the psychologist is licensed in more than one
Compact State and is practicing under the Authorization to Practice Interjurisdictional
Telepsychology, the Home State is the Compact State where the psychologist is
physically present when the telepsychological services are delivered, or if the
psychologist is licensed in more than one Compact State and is practicing under the
Temporary Authorization to Practice, the Home State is any Compact State where the
psychologist is licensed;
(O) "Identity History Summary" means: a summary of information
retained by the Federal Bureau of Investigation, or other designee with similar
authority, in connection with arrests and, in some instances, federal employment,
naturalization, or military service;
(P) "In-person, Face-to-Face" means: interactions in which the
psychologist and the client/patient are in the same physical space and which does not
include interactions that may occur through the use of telecommunication
technologies;
(Q) "Interjurisdictional Practice Certificate" and "IPC" mean: a
certificate issued by the Association of State and Provincial Psychology Boards that
grants temporary authority to practice based on notification to the State Psychology
Regulatory Authority of intention to practice temporarily, and verification of one's
qualifications for such practice;
(R) "License" means: authorization by a State Psychology Regulatory
Authority to engage in the independent practice of psychology, which would be
unlawful without the authorization;
(S) "Non-Compact State" means: any state which is not at the time a
Compact State;
(T) "Psychologist" means: an individual licensed for the independent
practice of psychology;
(U) "Psychology Interjurisdictional Compact Commission" and
"Commission" mean: the national administration of which all Compact States are
members;
(V) "Receiving State" means: a Compact State where the client/patient
is physically located when the telepsychological services are delivered;
(W) "Rule" means: a written statement by the Psychology
Interjurisdictional Compact Commission promulgated pursuant to Article XI of the
Compact that is of general applicability, implements, interprets, or prescribes a policy
or provision of the Compact, or an organizational, procedural, or practice requirement
of the Commission and has the force and effect of statutory law in a Compact State,
and includes the amendment, repeal or suspension of an existing Rule;
(X) "Significant Investigatory Information" means:
(1) investigative information that a State Psychology
Regulatory Authority, after a preliminary inquiry that includes notification and
an opportunity to respond if required by state law, has reason to believe, if
proven true, would indicate more than a violation of state statute or ethics code
that would be considered more substantial than a minor infraction; or
(2) investigative information that indicates that the
psychologist represents an immediate threat to public health and safety
regardless of whether the psychologist has been notified and/or had an
opportunity to respond;
(Y) "State" means: a state, commonwealth, territory, or possession of
the United States, or the District of Columbia;
(Z) "State Psychology Regulatory Authority" means: the board, office
or other agency with the legislative mandate to license and regulate the practice of
psychology;
(AA) "Telepsychology" means: the provision of psychological services
using telecommunication technologies;
(BB) "Temporary Authorization to Practice" means: a licensed
psychologist's authority to conduct temporary in-person, face-to-face practice, within
the limits authorized under this Compact, in another Compact State;
(CC) "Temporary In-Person, Face-to-Face Practice" means: where a
psychologist is physically present (not through the use of telecommunications
technologies), in the Distant State to provide for the practice of psychology for 30
days within a calendar year and based on notification to the Distant State.
ARTICLE III. HOME STATE LICENSURE.
(A) The Home State shall be a Compact State where a psychologist is licensed
to practice psychology.
(B) A psychologist may hold one or more Compact State licenses at a time. If
the psychologist is licensed in more than one Compact State, the Home State is the
Compact State where the psychologist is physically present when the services are
delivered as authorized by the Authority to Practice Interjurisdictional Telepsychology
under the terms of this Compact.
(C) Any Compact State may require a psychologist not previously licensed in
a Compact State to obtain and retain a license to be authorized to practice in the
Compact State under circumstances not authorized by the Authority to Practice
Interjurisdictional Telepsychology under the terms of this Compact.
(D) Any Compact State may require a psychologist to obtain and retain a
license to be authorized to practice in a Compact State under circumstances not
authorized by Temporary Authorization to Practice under the terms of this Compact.
(E) A Home State's license authorizes a psychologist to practice in a
Receiving State under the Authority to Practice Interjurisdictional Telepsychology
only if the Compact State:
(1) Currently requires the psychologist to hold an active E.Passport;
(2) Has a mechanism in place for receiving and investigating
complaints about licensed individuals;
(3) Notifies the Commission, in compliance with the terms herein, of
any adverse action or significant investigatory information regarding a licensed
individual;
(4) Requires an Identity History Summary of all applicants at initial
licensure, including the use of the results of fingerprints or other biometric data checks
compliant with the requirements of the Federal Bureau of Investigation, or other
designee with similar authority, no later than ten years after activation of the Compact;
and
(5) Complies with the Bylaws and Rules of the Commission.
(F) A Home State's license grants Temporary Authorization to Practice to a
psychologist in a Distant State only if the Compact State:
(1) Currently requires the psychologist to hold an active IPC;
(2) Has a mechanism in place for receiving and investigating
complaints about licensed individuals;
(3) Notifies the Commission, in compliance with the terms herein, of
any adverse action or significant investigatory information regarding a licensed
individual;
(4) Requires an Identity History Summary of all applicants at initial
licensure, including the use of the results of fingerprints or other biometric data checks
compliant with the requirements of the Federal Bureau of Investigation, or other
designee with similar authority, no later than ten years after activation of the Compact;
and
(5) Complies with the Bylaws and Rules of the Commission.
ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY.
(A) Compact States shall recognize the right of a psychologist, licensed in a
Compact State in conformance with Article III, to practice telepsychology in other
Compact States (Receiving States) in which the psychologist is not licensed, under the
Authority to Practice Interjurisdictional Telepsychology as provided in the Compact.
(B) To exercise the Authority to Practice Interjurisdictional Telepsychology
under the terms and provisions of this Compact, a psychologist licensed to practice in
a Compact State must:
(1) Hold a graduate degree in psychology from an institute of higher
education that was, at the time the degree was awarded:
(a) Regionally accredited by an accrediting body recognized by
the United States Department of Education to grant graduate degrees, or
authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or
(b) A foreign college or university deemed to be equivalent to
(B)(1)(a) of this Article by a foreign credential evaluation service that is a
member of the National Association of Credential Evaluation Services or by a
recognized foreign credential evaluation service; and
(2) Hold a graduate degree in psychology that meets the following
criteria:
(a) The program, wherever it may be administratively housed,
must be clearly identified and labeled as a psychology program. Such a
program must specify in pertinent institutional catalogues and brochures its
intent to educate and train professional psychologists;
(b) The psychology program must stand as a recognizable,
coherent, organizational entity within the institution;
(c) There must be a clear authority and primary responsibility
for the core and specialty areas whether or not the program cuts across
administrative lines;
(d) The program must consist of an integrated, organized
sequence of study;
(e) There must be an identifiable psychology faculty sufficient
in size and breadth to carry out its responsibilities;
(f) The designated director of the program must be a
psychologist and a member of the core faculty;
(g) The program must have an identifiable body of students
who are matriculated in that program for a degree;
(h) The program must include supervised practicum, internship,
or field training appropriate to the practice of psychology;
(i) The curriculum shall encompass a minimum of three
academic years of full-time graduate study for doctoral degree and a minimum
of one academic year of full-time graduate study for master's degree;
(j) The program includes an acceptable residency as defined by
the Rules of the Commission.
(3) Possess a current, full and unrestricted license to practice
psychology in a Home State which is a Compact State;
(4) Have no history of adverse action that violate the Rules of the
Commission;
(5) Have no criminal record history reported on an Identity History
Summary that violates the Rules of the Commission;
(6) Possess a current, active E.Passport;
(7) Provide attestations in regard to areas of intended practice,
conformity with standards of practice, competence in telepsychology technology;
criminal background; and knowledge and adherence to legal requirements in the Home
and Receiving States, and provide a release of information to allow for primary source
verification in a manner specified by the Commission; and
(8) Meet other criteria as defined by the Rules of the Commission.
(C) The Home State maintains authority over the license of any psychologist
practicing in a Receiving State under the Authority to Practice Interjurisdictional
Telepsychology.
(D) A psychologist practicing in a Receiving State under the Authority to
Practice Interjurisdictional Telepsychology will be subject to the Receiving State's
scope of practice. A Receiving State may, in accordance with that state's due process
law, limit or revoke a psychologist's Authority to Practice Interjurisdictional
Telepsychology in the Receiving State and may take any other necessary actions under
the Receiving State's applicable law to protect the health and safety of the Receiving
State's citizens. If a Receiving State takes action, the state shall promptly notify the
Home State and the Commission.
(E) If a psychologist's license in any Home State, another Compact State, or
any Authority to Practice Interjurisdictional Telepsychology in any Receiving State, is
restricted, suspended or otherwise limited, the E.Passport shall be revoked and
therefore the psychologist shall not be eligible to practice telepsychology in a
Compact State under the Authority to Practice Interjurisdictional Telepsychology.
ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE.
(A) Compact States shall also recognize the right of a psychologist, licensed in
a Compact State in conformance with Article III, to practice temporarily in other
Compact States (Distant States) in which the psychologist is not licensed, as provided
in the Compact.
(B) To exercise the Temporary Authorization to Practice under the terms and
provisions of this Compact, a psychologist licensed to practice in a Compact State
must:
(1) Hold a graduate degree in psychology from an institute of higher
education that was, at the time the degree was awarded:
(a) Regionally accredited by an accrediting body recognized by
the United States Department of Education to grant graduate degrees, or
authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or
(b) A foreign college or university deemed to be equivalent to
(B)(1)(a) of this Article by a foreign credential evaluation service that is a
member of the National Association of Credential Evaluation Services or by a
recognized foreign credential evaluation service; and
(2) Hold a graduate degree in psychology that meets the following
criteria:
(a) The program, wherever it may be administratively housed,
must be clearly identified and labeled as a psychology program. Such a
program must specify in pertinent institutional catalogues and brochures its
intent to educate and train professional psychologists;
(b) The psychology program must stand as a recognizable,
coherent, organizational entity within the institution;
(c) There must be a clear authority and primary responsibility
for the core and specialty areas whether or not the program cuts across
administrative lines;
(d) The program must consist of an integrated, organized
sequence of study;
(e) There must be an identifiable psychology faculty sufficient
in size and breadth to carry out its responsibilities;
(f) The designated director of the program must be a
psychologist and a member of the core faculty;
(g) The program must have an identifiable body of students
who are matriculated in that program for a degree;
(h) The program must include supervised practicum, internship,
or field training appropriate to the practice of psychology;
(i) The curriculum shall encompass a minimum of three
academic years of full-time graduate study for doctoral degrees and a
minimum of one academic year of full-time graduate study for master's degree;
(j) The program includes an acceptable residency as defined by
the Rules of the Commission.
(3) Possess a current, full and unrestricted license to practice
psychology in a Home State which is a Compact State;
(4) No history of adverse action that violate the Rules of the
Commission;
(5) No criminal record history that violates the Rules of the
Commission;
(6) Possess a current, active IPC;
(7) Provide attestations in regard to areas of intended practice and
work experience and provide a release of information to allow for primary source
verification in a manner specified by the Commission; and
(8) Meet other criteria as defined by the Rules of the Commission.
(C) A psychologist practicing in a Distant State under the Temporary
Authorization to Practice shall practice within the scope of practice authorized by the
Distant State.
(D) A psychologist practicing in a Distant State under the Temporary
Authorization to Practice will be subject to the Distant State's authority and law. A
Distant State may, in accordance with that state's due process law, limit or revoke a
psychologist's Temporary Authorization to Practice in the Distant State and may take
any other necessary actions under the Distant State's applicable law to protect the
health and safety of the Distant State's citizens. If a Distant State takes action, the state
shall promptly notify the Home State and the Commission.
(E) If a psychologist's license in any Home State, another Compact State, or
any Temporary Authorization to Practice in any Distant State, is restricted, suspended
or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not
be eligible to practice in a Compact State under the Temporary Authorization to
Practice.
ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING
STATE.
(A) A psychologist may practice in a Receiving State under the Authority to
Practice Interjurisdictional Telepsychology only in the performance of the scope of
practice for psychology as assigned by an appropriate State Psychology Regulatory
Authority, as defined in the Rules of the Commission, and under the following
circumstances:
(1) The psychologist initiates a client/patient contact in a Home State
via telecommunications technologies with a client/patient in a Receiving State;
(2) Other conditions regarding telepsychology as determined by Rules
promulgated by the Commission.
ARTICLE VII. ADVERSE ACTIONS.
(A) A Home State shall have the power to impose adverse action against a
psychologist's license issued by the Home State. A Distant State shall have the power
to take adverse action on a psychologist's Temporary Authorization to Practice within
that Distant State.
(B) A Receiving State may take adverse action on a psychologist's Authority
to Practice Interjurisdictional Telepsychology within that Receiving State. A Home
State may take adverse action against a psychologist based on an adverse action taken
by a Distant State regarding temporary in-person, face-to-face practice.
(C) If a Home State takes adverse action against a psychologist's license, that
psychologist's Authority to Practice Interjurisdictional Telepsychology is terminated
and the E.Passport is revoked. Furthermore, that psychologist's Temporary
Authorization to Practice is terminated and the IPC is revoked.
(1) All Home State disciplinary orders which impose adverse action
shall be reported to the Commission in accordance with the Rules promulgated by the
Commission. A Compact State shall report adverse actions in accordance with the
Rules of the Commission.
(2) In the event discipline is reported on a psychologist, the
psychologist will not be eligible for telepsychology or temporary in-person, face-to-
face practice in accordance with the Rules of the Commission.
(3) Other actions may be imposed as determined by the Rules
promulgated by the Commission.
(D) A Home State's psychology regulatory authority shall investigate and take
appropriate action with respect to reported inappropriate conduct engaged in by a
licensee which occurred in a Receiving State as it would if such conduct had occurred
by a licensee within the Home State. In such cases, the Home State's law shall control
in determining any adverse action against a psychologist's license.
(E) A Distant State's psychology regulatory authority shall investigate and
take appropriate action with respect to reported inappropriate conduct engaged in by a
psychologist practicing under temporary authorization practice which occurred in that
Distant State as it would if such conduct had occurred by a licensee within the Home
State. In such cases, Distant State's law shall control in determining any adverse action
against a psychologist's Temporary Authorization to Practice.
(F) Nothing in this Compact shall override a Compact State's decision that a
psychologist's participation in an alternative program may be used in lieu of adverse
action and that such participation shall remain non-public if required by the Compact
State's law. Compact States must require psychologists who enter any alternative
programs to not provide telepsychology services under the Authority to Practice
Interjurisdictional Telepsychology or provide temporary psychological services under
the Temporary Authorization to Practice in any other Compact State during the term
of the alternative program.
(G) No other judicial or administrative remedies shall be available to a
psychologist in the event a Compact State imposes an adverse action pursuant to (C)
of this Article.
ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S
PSYCHOLOGY REGULATORY AUTHORITY.
(A) In addition to any other powers granted under state law, a Compact State's
psychology regulatory authority shall have the authority under this Compact to:
(1) Issue subpoenas, for both hearings and investigations, which
require the attendance and testimony of witnesses and the production of evidence.
Subpoenas issued by a Compact State's psychology regulatory authority for the
attendance and testimony of witnesses, and/or the production of evidence from another
Compact State shall be enforced in the latter state by any court of competent
jurisdiction, according to that court's practice and procedure in considering subpoenas
issued in its own proceedings. The issuing State Psychology Regulatory Authority
shall pay any witness fees, travel expenses, mileage and other fees required by the
service statutes of the state where the witnesses and/or evidence are located; and
(2) Issue cease and desist and/or injunctive relief orders to revoke a
psychologist's Authority to Practice Interjurisdictional Telepsychology and/or
Temporary Authorization to Practice.
(3) During the course of any investigation, a psychologist may not
change his/her Home State licensure. A Home State Psychology Regulatory Authority
is authorized to complete any pending investigations of a psychologist and to take any
actions appropriate under its law. The Home State Psychology Regulatory Authority
shall promptly report the conclusions of such investigations to the Commission. Once
an investigation has been completed, and pending the outcome of said investigation,
the psychologist may change his/her Home State licensure. The Commission shall
promptly notify the new Home State of any such decisions as provided in the Rules of
the Commission. All information provided to the Commission or distributed by
Compact States pursuant to the psychologist shall be confidential, filed under seal and
used for investigatory or disciplinary matters. The Commission may create additional
Rules for mandated or discretionary sharing of information by Compact States.
ARTICLE IX. COORDINATED LICENSURE INFORMATION SYSTEM.
(A) The Commission shall provide for the development and maintenance of a
coordinated licensure information system (coordinated database) and reporting system
containing licensure and disciplinary action information on all licensees to whom this
Compact is applicable in all Compact States as defined by the Rules of the
Commission.
(B) Notwithstanding any other provision of state law to the contrary, a
Compact State shall submit a uniform data set to the coordinated database on all
licensees as required by the Rules of the Commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Significant investigatory information;
(4) Adverse actions against a psychologist's license;
(5) An indicator that a psychologist's Authority to Practice
Interjurisdictional Telepsychology and/or Temporary Authorization to Practice is
revoked;
(6) Non-confidential information related to alternative program
participation information;
(7) Any denial of application for licensure, and the reasons for such
denial; and
(8) Other information which may facilitate the administration of this
Compact, as determined by the Rules of the Commission.
(C) The coordinated database administrator shall promptly notify all Compact
States of any adverse action taken against, or significant investigative information on,
any licensee in a Compact State.
(D) Compact States reporting information to the coordinated database may
designate information that may not be shared with the public without the express
permission of the Compact State reporting the information.
(E) Any information submitted to the coordinated database that is
subsequently required to be expunged by the law of the Compact State reporting the
information shall be removed from the coordinated database.
ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY
INTERJURISDICTIONAL COMPACT COMMISSION.
(A) The Compact States hereby create and establish a joint public agency
known as the Psychology Interjurisdictional Compact Commission.
(1) The Commission is a body politic and an instrumentality of the
Compact States.
(2) Venue is proper and judicial proceedings by or against the
Commission shall be brought solely and exclusively in a court of competent
jurisdiction where the principal office of the Commission is located. The Commission
may waive venue and jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings.
(3) Nothing in this Compact shall be construed to be a waiver of
sovereign immunity.
(B) Membership, Voting, and Meetings.
(1) The Commission shall consist of one voting representative
appointed by each Compact State who shall serve as that state's commissioner. The
State Psychology Regulatory Authority shall appoint its delegate. This delegate shall
be empowered to act on behalf of the Compact State. This delegate shall be limited to:
(a) Executive director, executive secretary or similar executive;
(b) Current member of the State Psychology Regulatory
Authority of a Compact State; or
(c) Designee empowered with the appropriate delegate
authority to act on behalf of the Compact State.
(2) Any commissioner may be removed or suspended from office as
provided by the law of the state from which the commissioner is appointed. Any
vacancy occurring in the commission shall be filled in accordance with the laws of the
Compact State in which the vacancy exists.
(3) Each commissioner shall be entitled to one (1) vote with regard to
the promulgation of Rules and creation of Bylaws and shall otherwise have an
opportunity to participate in the business and affairs of the Commission. A
commissioner shall vote in person or by such other means as provided in the Bylaws.
The Bylaws may provide for commissioners' participation in meetings by telephone or
other means of communication.
(4) The Commission shall meet at least once during each calendar
year. Additional meetings shall be held as set forth in the Bylaws.
(5) All meetings shall be open to the public, and public notice of
meetings shall be given in the same manner as required under the rulemaking
provisions in Article XI.
(6) The Commission may convene in a closed, non-public meeting if
the Commission must discuss:
(a) Non-compliance of a Compact State with its obligations
under the Compact;
(b) The employment, compensation, discipline or other
personnel matters, practices or procedures related to specific employees or
other matters related to the Commission's internal personnel practices and
procedures;
(c) Current, threatened, or reasonably anticipated litigation
against the Commission;
(d) Negotiation of contracts for the purchase or sale of goods,
services or real estate;
(e) Accusation against any person of a crime or formally
censuring any person;
(f) Disclosure of trade secrets or commercial or financial
information which is privileged or confidential;
(g) Disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of personal privacy;
(h) Disclosure of investigatory records compiled for law
enforcement purposes;
(i) Disclosure of information related to any investigatory
reports prepared by or on behalf of or for use of the Commission or other
committee charged with responsibility for investigation or determination of
compliance issues pursuant to the Compact; or
(j) Matters specifically exempted from disclosure by federal
and state statute.
(7) If a meeting, or portion of a meeting, is closed pursuant to this
provision, the Commission's legal counsel or designee shall certify that the meeting
may be closed and shall reference each relevant exempting provision. The
Commission shall keep minutes which fully and clearly describe all matters discussed
in a meeting and shall provide a full and accurate summary of actions taken, of any
person participating in the meeting, and the reasons therefore, including a description
of the views expressed. All documents considered in connection with an action shall
be identified in such minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release only by a majority vote of the Commission or
order of a court of competent jurisdiction.
(C) The Commission shall, by a majority vote of the commissioners, prescribe
Bylaws and/or Rules to govern its conduct as may be necessary or appropriate to carry
out the purposes and exercise the powers of the Compact, including but not limited to:
(1) Establishing the fiscal year of the Commission;
(2) Providing reasonable standards and procedures:
(a) for the establishment and meetings of other committees; and
(b) governing any general or specific delegation of any
authority or function of the Commission;
(3) Providing reasonable procedures for calling and conducting
meetings of the Commission, ensuring reasonable advance notice of all meetings and
providing an opportunity for attendance of such meetings by interested parties, with
enumerated exceptions designed to protect the public's interest, the privacy of
individuals of such proceedings, and proprietary information, including trade secrets.
The Commission may meet in closed session only after a majority of the
commissioners vote to close a meeting to the public in whole or in part. As soon as
practicable, the Commission must make public a copy of the vote to close the meeting
revealing the vote of each commissioner with no proxy votes allowed;
(4) Establishing the titles, duties and authority and reasonable
procedures for the election of the officers of the Commission;
(5) Providing reasonable standards and procedures for the
establishment of the personnel policies and programs of the Commission.
Notwithstanding any civil service or other similar law of any Compact State, the
Bylaws shall exclusively govern the personnel policies and programs of the
Commission;
(6) Promulgating a Code of Ethics to address permissible and
prohibited activities of Commission members and employees;
(7) Providing a mechanism for concluding the operations of the
Commission and the equitable disposition of any surplus funds that may exist after the
termination of the Compact after the payment and/or reserving of all of its debts and
obligations;
(8) The Commission shall publish its Bylaws in a convenient form and
file a copy thereof and a copy of any amendment thereto, with the appropriate agency
or officer in each of the Compact States;
(9) The Commission shall maintain its financial records in accordance
with the Bylaws; and
(10) The Commission shall meet and take such actions as are
consistent with the provisions of this Compact and the Bylaws.
(D) The Commission shall have the following powers:
(1) The authority to promulgate uniform Rules to facilitate and
coordinate implementation and administration of this Compact. The Rules shall have
the force and effect of law and shall be binding in all Compact States;
(2) To bring and prosecute legal proceedings or actions in the name of
the Commission, provided that the standing of any State Psychology Regulatory
Authority or other regulatory body responsible for psychology licensure to sue or be
sued under applicable law shall not be affected;
(3) To purchase and maintain insurance and bonds;
(4) To borrow, accept or contract for services of personnel, including,
but not limited to, employees of a Compact State;
(5) To hire employees, elect or appoint officers, fix compensation,
define duties, grant such individuals appropriate authority to carry out the purposes of
the Compact, and to establish the Commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel, and other related personnel
matters;
(6) To accept any and all appropriate donations and grants of money,
equipment, supplies, materials and services, and to receive, utilize and dispose of the
same; provided that at all times the Commission shall strive to avoid any appearance
of impropriety and/or conflict of interest;
(7) To lease, purchase, accept appropriate gifts or donations of, or
otherwise to own, hold, improve or use, any property, real, personal or mixed;
provided that at all times the Commission shall strive to avoid any appearance of
impropriety;
(8) To sell, convey, mortgage, pledge, lease, exchange, abandon or
otherwise dispose of any property real, personal or mixed;
(9) To establish a budget and make expenditures;
(10) To borrow money;
(11) To appoint committees, including advisory committees comprised
of members, state regulators, state legislators or their representatives, and consumer
representatives, and such other interested persons as may be designated in this
Compact and the Bylaws;
(12) To provide and receive information from, and to cooperate with,
law enforcement agencies;
(13) To adopt and use an official seal; and
(14) To perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact consistent with the state
regulation of psychology licensure, temporary in-person, face-to-face practice and
telepsychology practice.
(E) The Executive Board.
The elected officers shall serve as the Executive Board, which shall
have the power to act on behalf of the Commission according to the terms of this
Compact.
(1) The Executive Board shall be comprised of six members:
(a) Five voting members who are elected from the current
membership of the Commission by the Commission;
(b) One ex-officio, nonvoting member from the recognized
membership organization composed of state and provincial psychology
regulatory authorities.
(2) The ex-officio member must have served as staff or member on a
State Psychology Regulatory Authority and will be selected by its respective
organization.
(3) The Commission may remove any member of the Executive Board
as provided in Bylaws.
(4) The Executive Board shall meet at least annually.
(5) The Executive Board shall have the following duties and
responsibilities:
(a) Recommend to the entire Commission changes to the Rules
or Bylaws, changes to this Compact legislation, fees paid by Compact States
such as annual dues, and any other applicable fees;
(b) Ensure Compact administration services are appropriately
provided, contractual or otherwise;
(c) Prepare and recommend the budget;
(d) Maintain financial records on behalf of the Commission;
(e) Monitor Compact compliance of member states and provide
compliance reports to the Commission;
(f) Establish additional committees as necessary; and
(g) Other duties as provided in Rules or Bylaws.
(F) Financing of the Commission.
(1) The Commission shall pay, or provide for the payment of the
reasonable expenses of its establishment, organization and ongoing activities.
(2) The Commission may accept any and all appropriate revenue
sources, donations and grants of money, equipment, supplies, materials and services.
(3) The Commission may levy on and collect an annual assessment
from each Compact State or impose fees on other parties to cover the cost of the
operations and activities of the Commission and its staff which must be in a total
amount sufficient to cover its annual budget as approved each year for which revenue
is not provided by other sources. The aggregate annual assessment amount shall be
allocated based upon a formula to be determined by the Commission which shall
promulgate a Rule binding upon all Compact States.
(4) The Commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same; nor shall the Commission pledge the
credit of any of the Compact States, except by and with the authority of the Compact
State.
(5) The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject to
the audit and accounting procedures established under its Bylaws. However, all
receipts and disbursements of funds handled by the Commission shall be audited
yearly by a certified or licensed public accountant and the report of the audit shall be
included in and become part of the annual report of the Commission.
(G) Qualified Immunity, Defense, and Indemnification.
(1) The members, officers, Executive Director, employees and
representatives of the Commission shall be immune from suit and liability, either
personally or in their official capacity, for any claim for damage to or loss of property
or personal injury or other civil liability caused by or arising out of any actual or
alleged act, error or omission that occurred, or that the person against whom the claim
is made had a reasonable basis for believing occurred within the scope of Commission
employment, duties or responsibilities; provided that nothing in this paragraph shall be
construed to protect any such person from suit and/or liability for any damage, loss,
injury or liability caused by the intentional or willful or wanton misconduct of that
person.
(2) The Commission shall defend any member, officer, Executive
Director, employee or representative of the Commission in any civil action seeking to
impose liability arising out of any actual or alleged act, error or omission that occurred
within the scope of Commission employment, duties or responsibilities, or that the
person against whom the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties or responsibilities; provided that
nothing herein shall be construed to prohibit that person from retaining his or her own
counsel; and provided further, that the actual or alleged act, error or omission did not
result from that person's intentional or willful or wanton misconduct.
(3) The Commission shall indemnify and hold harmless any member,
officer, Executive Director, employee or representative of the Commission for the
amount of any settlement or judgment obtained against that person arising out of any
actual or alleged act, error or omission that occurred within the scope of Commission
employment, duties or responsibilities, or that such person had a reasonable basis for
believing occurred within the scope of Commission employment, duties or
responsibilities, provided that the actual or alleged act, error or omission did not result
from the intentional or willful or wanton misconduct of that person.
ARTICLE XI. RULEMAKING.
(A) The Commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this Article and the Rules adopted thereunder. Rules and
amendments shall become binding as of the date specified in each Rule or amendment.
(B) If a majority of the legislatures of the Compact States rejects a Rule, by
enactment of a statute or resolution in the same manner used to adopt the Compact,
then such Rule shall have no further force and effect in any Compact State.
(C) Rules or amendments to the Rules shall be adopted at a regular or special
meeting of the Commission.
(D) Prior to promulgation and adoption of a final Rule or Rules by the
Commission, and at least sixty (60) days in advance of the meeting at which the Rule
will be considered and voted upon, the Commission shall file a notice of proposed
rulemaking:
(1) On the website of the Commission; and
(2) On the website of each Compact States' psychology regulatory
authority or the publication in which each state would otherwise publish proposed
Rules.
(E) The notice of proposed rulemaking shall include:
(1) The proposed time, date, and location of the meeting in which the
Rule will be considered and voted upon;
(2) The text of the proposed Rule or amendment and the reason for the
proposed Rule;
(3) A request for comments on the proposed Rule from any interested
person; and
(4) The manner in which interested persons may submit notice to the
Commission of their intention to attend the public hearing and any written comments.
(F) Prior to adoption of a proposed Rule, the Commission shall allow persons
to submit written data, facts, opinions and arguments, which shall be made available to
the public.
(G) The Commission shall grant an opportunity for a public hearing before it
adopts a Rule or amendment if a hearing is requested by:
(1) At least twenty-five (25) persons who submit comments
independently of each other;
(2) A governmental subdivision or agency; or
(3) A duly appointed person in an association that has at least twenty-
five (25) members.
(H) If a hearing is held on the proposed Rule or amendment, the Commission
shall publish the place, time, and date of the scheduled public hearing.
(1) All persons wishing to be heard at the hearing shall notify the
Executive Director of the Commission or other designated member in writing of their
desire to appear and testify at the hearing not less than five (5) business days before
the scheduled date of the hearing.
(2) Hearings shall be conducted in a manner providing each person
who wishes to comment a fair and reasonable opportunity to comment orally or in
writing.
(3) No transcript of the hearing is required, unless a written request for
a transcript is made, in which case the person requesting the transcript shall bear the
cost of producing the transcript. A recording may be made in lieu of a transcript under
the same terms and conditions as a transcript. This subsection shall not preclude the
Commission from making a transcript or recording of the hearing if it so chooses.
(4) Nothing in this section shall be construed as requiring a separate
hearing on each Rule. Rules may be grouped for the convenience of the Commission
at hearings required by this section.
(I) Following the scheduled hearing date, or by the close of business on the
scheduled hearing date if the hearing was not held, the Commission shall consider all
written and oral comments received.
(J) The Commission shall, by majority vote of all members, take final action
on the proposed Rule and shall determine the effective date of the Rule, if any, based
on the rulemaking record and the full text of the Rule.
(K) If no written notice of intent to attend the public hearing by interested
parties is received, the Commission may proceed with promulgation of the proposed
Rule without a public hearing.
(L) Upon determination that an emergency exists, the Commission may
consider and adopt an emergency Rule without prior notice, opportunity for comment,
or hearing, provided that the usual rulemaking procedures provided in the Compact
and in this section shall be retroactively applied to the Rule as soon as reasonably
possible, in no event later than ninety (90) days after the effective date of the Rule. For
the purposes of this provision, an emergency Rule is one that must be adopted
immediately in order to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of Commission or Compact State funds;
(3) Meet a deadline for the promulgation of an administrative rule that
is established by federal law or rule; or
(4) Protect public health and safety.
(M) The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted Rule or amendment for purposes of correcting
typographical errors, errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the website of the Commission. The
revision shall be subject to challenge by any person for a period of thirty (30) days
after posting. The revision may be challenged only on grounds that the revision results
in a material change to a Rule. A challenge shall be made in writing, and delivered to
the chair of the Commission prior to the end of the notice period. If no challenge is
made, the revision will take effect without further action. If the revision is challenged,
the revision may not take effect without the approval of the Commission.
ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.
(A) Oversight
(1) The executive, legislative and judicial branches of state
government in each Compact State shall enforce this Compact and take all actions
necessary and appropriate to effectuate the Compact's purposes and intent. The
provisions of this Compact and the Rules promulgated hereunder shall have standing
as statutory law.
(2) All courts shall take judicial notice of the Compact and the Rules in
any judicial or administrative proceeding in a Compact State pertaining to the subject
matter of this Compact which may affect the powers, responsibilities or actions of the
Commission.
(3) The Commission shall be entitled to receive service of process in
any such proceeding, and shall have standing to intervene in such a proceeding for all
purposes. Failure to provide service of process to the Commission shall render a
judgment or order void as to the Commission, this Compact or promulgated Rules.
(B) Default, Technical Assistance, and Termination
(1) If the Commission determines that a Compact State has defaulted
in the performance of its obligations or responsibilities under this Compact or the
promulgated Rules, the Commission shall:
(a) Provide written notice to the defaulting state and other
Compact States of the nature of the default, the proposed means of remedying
the default and/or any other action to be taken by the Commission; and
(b) Provide remedial training and specific technical assistance
regarding the default.
(2) If a state in default fails to remedy the default, the defaulting state
may be terminated from the Compact upon an affirmative vote of a majority of the
Compact States, and all rights, privileges and benefits conferred by this Compact shall
be terminated on the effective date of termination. A remedy of the default does not
relieve the offending state of obligations or liabilities incurred during the period of
default.
(3) Termination of membership in the Compact shall be imposed only
after all other means of securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be submitted by the Commission to the governor, the
majority and minority leaders of the defaulting state's legislature, and each of the
Compact States.
(4) A Compact State which has been terminated is responsible for all
assessments, obligations and liabilities incurred through the effective date of
termination, including obligations which extend beyond the effective date of
termination.
(5) The Commission shall not bear any costs incurred by the state
which is found to be in default or which has been terminated from the Compact, unless
agreed upon in writing between the Commission and the defaulting state.
(6) The defaulting state may appeal the action of the Commission by
petitioning the United States District Court for the State of Georgia or the federal
district where the Compact has its principal offices. The prevailing member shall be
awarded all costs of such litigation, including reasonable attorney's fees.
(C) Dispute Resolution
(1) Upon request by a Compact State, the Commission shall attempt to
resolve disputes related to the Compact which arise among Compact States and
between Compact and Non-Compact States.
(2) The Commission shall promulgate a Rule providing for both
mediation and binding dispute resolution for disputes that arise before the
Commission.
(D) Enforcement
(1) The Commission, in the reasonable exercise of its discretion, shall
enforce the provisions and Rules of this Compact.
(2) By majority vote, the Commission may initiate legal action in the
United States District Court for the State of Georgia or the federal district where the
Compact has its principal offices against a Compact State in default to enforce
compliance with the provisions of the Compact and its promulgated Rules and
Bylaws. The relief sought may include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing member shall be awarded all costs of
such litigation, including reasonable attorney's fees.
(3) The remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies available under federal
or state law.
ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY
INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED
RULES, WITHDRAWAL, AND AMENDMENTS.
(A) The Compact shall come into effect on the date on which the Compact is
enacted into law in the seventh Compact State. The provisions which become effective
at that time shall be limited to the powers granted to the Commission relating to
assembly and the promulgation of Rules. Thereafter, the Commission shall meet and
exercise rulemaking powers necessary to the implementation and administration of the
Compact.
(B) Any state which joins the Compact subsequent to the Commission's initial
adoption of the Rules shall be subject to the Rules as they exist on the date on which
the Compact becomes law in that state. Any Rule which has been previously adopted
by the Commission shall have the full force and effect of law on the day the Compact
becomes law in that state.
(C) Any Compact State may withdraw from this Compact by enacting a
statute repealing the same.
(1) A Compact State's withdrawal shall not take effect until six (6)
months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the
withdrawing state's psychology regulatory authority to comply with the investigative
and adverse action reporting requirements of this act prior to the effective date of
withdrawal.
(D) Nothing contained in this Compact shall be construed to invalidate or
prevent any psychology licensure agreement or other cooperative arrangement
between a Compact State and a Non-Compact State which does not conflict with the
provisions of this Compact.
(E) This Compact may be amended by the Compact States. No amendment to
this Compact shall become effective and binding upon any Compact State until it is
enacted into the law of all Compact States.
ARTICLE XIV. CONSTRUCTION AND SEVERABILITY.
This Compact shall be liberally construed so as to effectuate the purposes
thereof. If this Compact shall be held contrary to the constitution of any state member
thereto, the Compact shall remain in full force and effect as to the remaining Compact
States.
* Sec. 14. AS 08 is amended by adding a new chapter to read:
Chapter 90. Respiratory Care Practitioners.
Sec. 08.90.010. License required. Unless licensed under this chapter, a person
may not
(1) practice respiratory care; or
(2) represent that the person is a respiratory care practitioner, including
using the titles "licensed respiratory care practitioner" or "R.C.P." or any other words,
abbreviations, signs, or symbols indicating that the person is a licensee.
Sec. 08.90.020. Licensure. (a) The department shall issue a license to practice
respiratory care to an applicant who submits to the department written evidence,
verified by oath, that the applicant
(1) holds a respiratory therapist certification from a nationally
recognized organization for respiratory therapists that is approved by the department
in regulation;
(2) has paid the required fees; and
(3) has met all other requirements established by the department in
regulation.
(b) The department shall issue a license to practice respiratory care to an
applicant who submits to the department, before the date that is one year after the
effective date of this section, the required fees and written evidence, verified by oath,
that the applicant was employed in the state to practice respiratory care under the
direction of a physician on or before the effective date of this section. An applicant
issued a license under this subsection may renew the license without meeting the
initial licensure requirement provided under (a)(1) of this section, but is otherwise
subject to this chapter.
Sec. 08.90.030. Licensure by credentials. The department shall issue a license
by credentials to practice respiratory care to an applicant who submits to the
department written evidence, verified by oath, that the applicant
(1) is currently licensed to practice respiratory care in another state, a
territory of the United States, or a foreign country with requirements for licensure that
the department determines are substantially equivalent to those required under this
chapter;
(2) has current valid credentials as a registered respiratory therapist
conferred by a nationally recognized organization for respiratory therapists that is
approved by the department in regulation;
(3) paid the required fees; and
(4) met all other requirements established by the department in
regulation.
Sec. 08.90.040. Evidence of licensure in other jurisdictions. An applicant for
a license under AS 08.90.020 or 08.90.030 must submit evidence to the department of
all licenses granted to the applicant to practice respiratory care in another state, a
territory of the United States, or a foreign country and whether that license is in good
standing.
Sec. 08.90.050. License renewal. The department may renew a license issued
under this chapter only if the licensee successfully completes 20 credit hours of
continuing respiratory care education during the concluding licensing period.
Sec. 08.90.060. Scope of practice of respiratory care; qualified medical
directors. (a) A licensee may, under the supervision of a qualified medical director
and as authorized either under a medically approved protocol or under a written or oral
order from an authorized provider, perform the management, rehabilitation, diagnostic
evaluation, and care of a patient with a deficiency or abnormality of the
cardiopulmonary system and associated aspects of other system functions, including
(1) providing pulmonary care services that are safe, aseptic, and
preventive or restorative to the patient;
(2) administering to the patient pharmacological, diagnostic, and
therapeutic agents related to respiratory care procedures that are necessary to
implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic
regimen prescribed by an authorized provider;
(3) making observations of the patient and monitoring the patient's
signs, symptoms, behavior, and physical responses to respiratory therapy treatment to
determine whether the patient exhibits any abnormal characteristics and, based on
those determinations, refer the patient, implement respiratory therapy protocols, or
change the patient's treatment regimen;
(4) employing on the patient the diagnostic or therapeutic use of
(A) medical gases, excluding general anesthesia;
(B) aerosols;
(C) humidification;
(D) pharmacological agents related to respiratory care
procedures;
(E) mechanical or physiological ventilatory support;
(F) bronchopulmonary hygiene procedures;
(G) oxygen therapy;
(H) telehealth as permitted under AS 08.02.130;
(I) cardiopulmonary disease management; and
(J) instruction on tobacco cessation;
(5) diagnostic or therapeutic techniques that may be medically
essential to maintaining the patient's good respiratory health, including
(A) maintaining natural airways;
(B) inserting, without cutting tissue, and maintaining artificial
airways;
(C) collecting blood and other body fluids, including specimens
from the respiratory tract;
(D) collecting inspired and expired gas samples;
(E) analyzing blood samples and respiratory secretions;
(F) measuring ventilatory volumes, pressures, and flows;
(G) measuring hemodynamic and other physiological
parameters of the cardiopulmonary system;
(H) performing cardiopulmonary resuscitation; and
(I) implementing and maintaining environmental control
systems and hyperbaric therapy;
(6) transcribing the written or oral orders of an authorized provider
regarding the patient;
(7) providing instruction and education to the patient on the proper
methods of providing self-care and preventing cardiopulmonary disease and other
conditions requiring the use of respiratory care equipment and techniques;
(8) participating in air and ground transport of the patient;
(9) inserting and maintaining invasive lines for the patient;
(10) managing and maintaining an extracorporeal membrane
oxygenation unit for the patient;
(11) determining which medically approved respiratory care protocols
should be followed for the patient, in the absence of an authorized provider, during an
emergency;
(12) establishing procedures for administering treatment and testing of
the patient ordered by an authorized provider to aid diagnosis, patient health
monitoring, or medical research; and
(13) providing inhalation and respiratory therapy to the patient.
(b) A licensee may practice respiratory care in a clinic, hospital, skilled
nursing facility, or private dwelling. A licensee may practice respiratory care in
another location if the department determines that the location is appropriate or
necessary, the location is authorized by a physician in a written or oral order, and the
practices performed at the location are performed under the supervision of a qualified
medical director.
(c) A licensee may perform advanced techniques not ordinarily in the scope of
practice of respiratory care if the licensee has received formal training to perform
those techniques from a respiratory care educational program that
(1) is accredited, supervised, and structured;
(2) evaluated the competence of the licensee through a standardized
testing mechanism; and
(3) included clinical, didactic, and laboratory activities.
(d) A qualified medical director supervising a licensee under (a) of this section
shall be readily accessible to the licensee and is responsible for the quality, safety, and
appropriateness of the respiratory care services provided by the licensee.
(e) In this section,
(1) "authorized provider" means a physician or physician assistant
licensed under AS 08.64 or advanced practice registered nurse licensed under
AS 08.68 acting within the scope of the license;
(2) "home health agency" means a public agency or private
organization, or a subdivision of a public agency or private organization, that
primarily engages in providing skilled nursing services in combination with
respiratory therapy, physical therapy, occupational therapy, speech therapy, or services
provided by a home health aide to an individual in the individual's home, an assisted
living home, or another residential setting;
(3) "public agency" means an agency operated by the state or a local
government;
(4) "qualified medical director" means a physician who
(A) is licensed to practice medicine in the state and is legally
authorized to direct an inpatient or outpatient health care organization, home
health agency, assisted living home, or the health care division or department
of a hospital, medical clinic, or other medical health maintenance facility; and
(B) has substantial professional training or experience in the
management of acute and chronic respiratory disorders;
(5) "subdivision" means a component of a multi-function facility or
home health agency, such as the home health care division of a hospital or the division
of a public agency, that independently meets the requirements for licensure as a home
health agency.
Sec. 08.90.070. Disciplinary sanctions. (a) The department may revoke,
suspend, or refuse to issue a license to a person if the department finds that the person
(1) secured or attempted to secure a license to practice respiratory care
through fraud, deceit, or intentional misrepresentation;
(2) is unfit or incompetent to practice respiratory care;
(3) uses drugs or alcohol in a manner that affects the person's ability to
practice respiratory care competently and safely;
(4) engaged in dishonest or unethical conduct in connection with the
delivery of respiratory care services to patients;
(5) used or attempted to use as valid a license to practice respiratory
care that was illegally or fraudulently obtained;
(6) practiced respiratory care after the revocation, suspension, or
expiration of the person's license;
(7) failed to meet the standards of practice for respiratory care,
including
(A) wilfully and repeatedly ordering and performing laboratory
tests or studies that were unnecessary and clinically unjustifiable; or
(B) administrating treatment that was unnecessary and
clinically unjustifiable;
(8) violated, or aided or abetted another person in violating, this
chapter;
(9) has been convicted of
(A) a felony that materially affects the ability to safely practice
respiratory care; or
(B) insurance fraud;
(10) failed to disclose that a license to practice respiratory care in
another state, a territory of the United States, or a foreign country is not in good
standing.
(b) When determining whether to refuse to issue a license to an applicant or
impose a disciplinary sanction on a licensee under (a)(3) of this section, the
department shall consider whether an applicant or licensee is participating in a
substance abuse program.
Sec. 08.90.080. Exceptions. (a) This chapter does not apply to
(1) a person licensed in this state under a statute outside this chapter
who performs respiratory care within the scope of practice for which the person's
license was issued;
(2) a student enrolled in an accredited respiratory care educational
program who is
(A) practicing respiratory care as an integral part of the
program; or
(B) practicing respiratory care, within limits established by the
department, as an employee of a health care provider while a licensee or
physician is available to communicate with, consult with, and assist the
student;
(3) a person who is not a licensee and practices respiratory care as self-
care or care for a member of the person's family;
(4) a person practicing respiratory care in an emergency;
(5) a person practicing respiratory care within the scope of the person's
duties while
(A) in the armed forces of the United States; or
(B) working in a federal facility;
(6) a person employed in a diagnostic laboratory, physician's office,
clinic, or outpatient treatment facility that is administering treatment or performing
diagnostic procedures in that location under the direction of a physician; and
(7) a person employed by a durable or home medical equipment
company who delivers, calibrates, or maintains respiratory care equipment and does
not assess or evaluate patients.
(b) A student practicing respiratory care shall use the title
(1) "student respiratory care practitioner" or "student R.C.P." if
practicing under (a)(2)(A) of this section; and
(2) "student respiratory care practitioner," "trainee respiratory care
practitioner," "student R.C.P.," or "trainee R.C.P." if practicing under (a)(2)(B) of this
section.
Sec. 08.90.090. Criminal penalty. A person who violates or aids a person in a
violation of this chapter is guilty of a class B misdemeanor.
Sec. 08.90.100. Regulations. The department may adopt regulations to carry
out the purposes of this chapter.
Sec. 08.90.990. Definitions. In this chapter,
(1) "accredited respiratory care educational program" means a
respiratory care educational program that is
(A) accredited by a national health education accrediting body
in collaboration with a national respiratory care accrediting body; and
(B) approved by the department;
(2) "department" means the Department of Commerce, Community,
and Economic Development;
(3) "licensee" means a person licensed to practice respiratory care
under this chapter;
(4) "physician" means a person licensed as a physician under
AS 08.64.
* Sec. 15. AS 08.95.030 is amended to read:
Sec. 08.95.030. Duties. The board shall
(1) issue licenses to qualified applicants;
(2) adopt regulations
(A) requiring that continuing education requirements be
satisfied before a license is renewed;
(B) establishing a code of professional ethics that a licensee
must observe;
(C) establishing standards of practice for social work
performed by a licensee; [AND]
(D) establishing standards for supervisors and for supervision
that is required for licensure under AS 08.95.110(a); and
(E) [(3) ADOPT REGULATIONS] necessary to carry out the
duties and purpose of this chapter;
(3) implement the Social Work Licensure Compact enacted under
AS 08.95.200; and
(4) appoint a member of the board to serve as a delegate on the
Social Work Licensure Compact Commission established under AS 08.95.200.
* Sec. 16. AS 08.95.100(a) is amended to read:
(a) A person who practices clinical social work without obtaining a license
under this chapter to practice clinical social work is guilty of a class B misdemeanor
unless the person is
(1) licensed under a provision of this title that is outside this chapter, is
practicing within the scope of that license, and is not representing to the public by title
or description of service as being engaged in the practice of clinical social work; [OR]
(2) practicing clinical social work as a student in a social work
program approved by the board; or
(3) practicing clinical social work under a multistate authorization
to practice.
* Sec. 17. AS 08.95.100(b) is amended to read:
(b) A person is guilty of a class B misdemeanor if the person does not hold a
valid license or multistate authorization to practice [IS NOT LICENSED]
(1) under this chapter and uses the title "social worker" unless the
person is exempt from licensure under AS 08.95.911;
(2) as a clinical social worker under this chapter [OR HAS A
CLINICAL SOCIAL WORKER LICENSE THAT IS SUSPENDED, REVOKED, OR
LAPSED,] and the person
(A) uses in connection with the person's name the words or
letters "L.C.S.W.," "Licensed Clinical Social Worker," or other letters, words,
or insignia indicating or implying that the person is a licensed clinical social
worker; or
(B) in any way, orally or in writing, directly or by implication,
holds out as a licensed clinical social worker;
(3) as a master social worker under this chapter [OR HAS A MASTER
SOCIAL WORKER LICENSE THAT IS SUSPENDED, REVOKED, OR LAPSED,]
and the person
(A) uses in connection with the person's name the words or
letters "L.M.S.W.," "Licensed Master Social Worker," or other letters, words,
or insignia indicating or implying that the person is a licensed master social
worker; or
(B) in any way, orally or in writing, directly or by implication,
holds out as being a licensed master social worker; or
(4) as a baccalaureate social worker under this chapter [OR HAS A
BACCALAUREATE SOCIAL WORKER LICENSE THAT IS SUSPENDED,
REVOKED, OR LAPSED,] and the person
(A) uses in connection with the person's name the words or
letters "L.B.S.W.," "Licensed Baccalaureate Social Worker," or other letters,
words, or insignia indicating or implying that the person is a licensed
baccalaureate social worker; or
(B) in any way, orally or in writing, directly or by implication,
holds out as being a licensed baccalaureate social worker.
* Sec. 18. AS 08.95.110 is amended by adding a new subsection to read:
(d) An applicant for a multistate license as a social worker under
AS 08.95.200 shall submit, along with the application, the applicant's fingerprints and
the fees required by the Department of Public Safety under AS 12.62.160 for criminal
justice information and a national criminal history record check. The board shall
forward the fingerprints and fees to the Department of Public Safety to obtain a report
of criminal justice information under AS 12.62 and a national criminal history record
check under AS 12.62.400. Criminal justice information and criminal history record
information obtained under this subsection may only be used by the board for the
purpose of determining an applicant's qualifications and fitness for a multistate license
under this chapter.
* Sec. 19. AS 08.95.120 is amended by adding a new subsection to read:
(c) This section does not apply to an applicant who is a regulated social
worker.
* Sec. 20. AS 08.95.125 is amended by adding a new subsection to read:
(f) This section does not apply to an applicant who is a regulated social
worker.
* Sec. 21. AS 08.95 is amended by adding a new section to read:
Article 2A. Social Work Licensure Compact.
Sec. 08.95.200. Compact enacted. The Social Work Licensure Compact as
contained in this section is enacted into law and entered into on behalf of the state with
all other states and jurisdictions legally joining it in a form substantially as follows:
SECTION 1. PURPOSE.
The purpose of this Compact is to facilitate interstate practice of Regulated
Social Workers by improving public access to competent Social Work Services. The
Compact preserves the regulatory authority of States to protect public health and
safety through the current system of State licensure.
This Compact is designed to achieve the following objectives:
(A) Increase public access to Social Work Services;
(B) Reduce overly burdensome and duplicative requirements
associated with holding multiple licenses;
(C) Enhance the Member States' ability to protect the public's health
and safety;
(D) Encourage the cooperation of Member States in regulating
multistate practice;
(E) Promote mobility and address workforce shortages by eliminating
the necessity for licenses in multiple States by providing for the mutual recognition of
other Member State licenses;
(F) Support military families;
(G) Facilitate the exchange of licensure and disciplinary information
among Member States;
(H) Authorize all Member States to hold a Regulated Social Worker
accountable for abiding by a Member State's laws, regulations, and applicable
professional standards in the Member State in which the client is located at the time
care is rendered; and
(I) Allow for the use of telehealth to facilitate increased access to
regulated Social Work Services.
SECTION 2. DEFINITIONS.
As used in this Compact, and except as otherwise provided, the following
definitions shall apply:
(A) "Active Military Member" means any individual with full-time
duty status in the active armed forces of the United States including members of the
National Guard and Reserve.
(B) "Adverse Action" means any administrative, civil, equitable or
criminal action permitted by a State's laws which is imposed by a Licensing Authority
or other authority against a Regulated Social Worker, including actions against an
individual's license or Multistate Authorization to Practice such as revocation,
suspension, probation, monitoring of the Licensee, limitation on the Licensee's
practice, or any other Encumbrance on licensure affecting a Regulated Social Worker's
authorization to practice, including issuance of a cease and desist action.
(C) "Alternative Program" means a non-disciplinary monitoring or
practice remediation process approved by a Licensing Authority to address
practitioners with an Impairment.
(D) "Charter Member States" means Member States who have enacted
legislation to adopt this Compact where such legislation predates the effective date of
this Compact as described in Section 14.
(E) "Compact Commission" or "Commission" means the government
agency whose membership consists of all States that have enacted this Compact,
which is known as the Social Work Licensure Compact Commission, as described in
Section 10, and which shall operate as an instrumentality of the Member States.
(F) "Current Significant Investigative Information" means:
(1) Investigative information that a Licensing Authority, after a
preliminary inquiry that includes notification and an opportunity for the
Regulated Social Worker to respond, has reason to believe is not groundless
and, if proved true, would indicate more than a minor infraction as may be
defined by the Commission; or
(2) Investigative information that indicates that the Regulated
Social Worker represents an immediate threat to public health and safety, as
may be defined by the Commission, regardless of whether the Regulated
Social Worker has been notified and has had an opportunity to respond.
(G) "Data System" means a repository of information about Licensees,
including continuing education, examination, licensure, Current Significant
Investigative Information, Disqualifying Event, Multistate License(s) and Adverse
Action information or other information as required by the Commission.
(H) "Disqualifying Event" means any Adverse Action or incident
which results in an Encumbrance that disqualifies or makes the Licensee ineligible to
either obtain, retain or renew a Multistate License.
(I) "Domicile" means the jurisdiction in which the Licensee resides
and intends to remain indefinitely.
(J) "Encumbrance" means a revocation or suspension of, or any
limitation on, the full and unrestricted practice of Social Work licensed and regulated
by a Licensing Authority.
(K) "Executive Committee" means a group of delegates elected or
appointed to act on behalf of, and within the powers granted to them by, the Compact
and Commission.
(L) "Home State" means the Member State that is the Licensee's
primary Domicile.
(M) "Impairment" means a condition(s) that may impair a
practitioner's ability to engage in full and unrestricted practice as a Regulated Social
Worker without some type of intervention and may include alcohol and drug
dependence, mental health impairment, and neurological or physical impairments.
(N) "Licensee(s)" means an individual who currently holds a license
from a State to practice as a Regulated Social Worker.
(O) "Licensing Authority" means the board or agency of a Member
State, or equivalent, that is responsible for the licensing and regulation of Regulated
Social Workers.
(P) "Member State" means a state, commonwealth, district, or territory
of the United States of America that has enacted this Compact.
(Q) "Multistate Authorization to Practice" means a legally authorized
privilege to practice, which is equivalent to a license, associated with a Multistate
License permitting the practice of Social Work in a Remote State.
(R) "Multistate License" means a license to practice as a Regulated
Social Worker issued by a Home State Licensing Authority that authorizes the
Regulated Social Worker to practice in all Member States under Multistate
Authorization to Practice.
(S) "Qualifying National Exam" means a national licensing
examination approved by the Commission.
(T) "Regulated Social Worker" means any clinical, master's or
bachelor's Social Worker licensed by a Member State regardless of the title used by
that Member State.
(U) "Remote State" means a Member State other than the Licensee's
Home State.
(V) "Rule(s)" or "Rule(s) of the Commission" means a regulation or
regulations duly promulgated by the Commission, as authorized by the Compact, that
has the force of law.
(W) "Single State License" means a Social Work license issued by any
State that authorizes practice only within the issuing State and does not include
Multistate Authorization to Practice in any Member State.
(X) "Social Work" or "Social Work Services" means the application of
social work theory, knowledge, methods, ethics, and the professional use of self to
restore or enhance social, psychosocial, or biopsychosocial functioning of individuals,
couples, families, groups, organizations, and communities through the care and
services provided by a Regulated Social Worker as set forth in the Member State's
statutes and regulations in the State where the services are being provided.
(Y) "State" means any state, commonwealth, district, or territory of the
United States of America that regulates the practice of Social Work.
(Z) "Unencumbered License" means a license that authorizes a
Regulated Social Worker to engage in the full and unrestricted practice of Social
Work.
SECTION 3. STATE PARTICIPATION IN THE COMPACT.
(A) To be eligible to participate in the Compact, a potential Member
State must currently meet all of the following criteria:
(1) License and regulate the practice of Social Work at either
the clinical, master's, or bachelor's category.
(2) Require applicants for licensure to graduate from a program
that is:
(a) Operated by a college or university recognized by
the Licensing Authority;
(b) Accredited, or in candidacy by an institution that
subsequently becomes accredited, by an accrediting agency recognized
by either:
(i) the Council for Higher Education
Accreditation, or its successor; or
(ii) the United States Department of Education;
and
(c) Corresponds to the licensure sought as outlined in
Section 4.
(3) Require applicants for clinical licensure to complete a
period of supervised practice.
(4) Have a mechanism in place for receiving, investigating, and
adjudicating complaints about Licensees.
(B) To maintain membership in the Compact a Member State shall:
(1) Require that applicants for a Multistate License pass a
Qualifying National Exam for the corresponding category of Multistate
License sought as outlined in Section 4.
(2) Participate fully in the Commission's Data System,
including using the Commission's unique identifier as defined in Rules;
(3) Notify the Commission, in compliance with the terms of the
Compact and Rules, of any Adverse Action or the availability of Current
Significant Investigative Information regarding a Licensee;
(4) Implement procedures for considering the criminal history
records of applicants for a Multistate License. Such procedures shall include
the submission of fingerprints or other biometric-based information by
applicants for the purpose of obtaining an applicant's criminal history record
information from the Federal Bureau of Investigation and the agency
responsible for retaining that State's criminal records.
(5) Comply with the Rules of the Commission;
(6) Require an applicant to obtain or retain a license in the
Home State and meet the Home State's qualifications for licensure or renewal
of licensure, as well as all other applicable Home State laws;
(7) Authorize a Licensee holding a Multistate License in any
Member State to practice in accordance with the terms of the Compact and
Rules of the Commission; and
(8) Designate a delegate to participate in the Commission
meetings.
(C) A Member State meeting the requirements of Section 3(A) and
3(B) of this Compact shall designate the categories of Social Work licensure that are
eligible for issuance of a Multistate License for applicants in such Member State. To
the extent that any Member State does not meet the requirements for participation in
the Compact at any particular category of Social Work licensure, such Member State
may choose, but is not obligated to issue, a Multistate License to applicants that
otherwise meet the requirements of Section 4 for issuance of a Multistate License in
such category or categories of licensure.
(D) The Home State may charge a fee for granting the Multistate
License.
SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT.
(A) To be eligible for a Multistate License under the terms and
provisions of the Compact, an applicant, regardless of category, must:
(1) Hold or be eligible for an active, Unencumbered License in
the Home State;
(2) Pay any applicable fees, including any State fee, for the
Multistate License;
(3) Submit, in connection with an application for a Multistate
License, fingerprints or other biometric data for the purpose of obtaining
criminal history record information from the Federal Bureau of Investigation
and the agency responsible for retaining that State's criminal records;
(4) Notify the Home State of any Adverse Action,
Encumbrance, or restriction on any professional license taken by any Member
State or non-Member State within 30 days from the date the action is taken;
(5) Meet any continuing competence requirements established
by the Home State;
(6) Abide by the laws, regulations, and applicable standards in
the Member State where the client is located at the time care is rendered.
(B) An applicant for a clinical-category Multistate License must meet
all of the following requirements:
(1) Fulfill a competency requirement, which shall be satisfied
by either:
(a) Passage of a clinical-category Qualifying National
Exam;
(b) Licensure of the applicant in their Home State at the
clinical category, beginning prior to such time as a Qualifying National
Exam was required by the Home State and accompanied by a period of
continuous Social Work licensure thereafter, all of which may be
further governed by the Rules of the Commission; or
(c) The substantial equivalency of the foregoing
competency requirements which the Commission may determine by
Rule.
(2) Attain at least a master's degree in Social Work from a
program that is:
(a) Operated by a college or university recognized by
the Licensing Authority; and
(b) Accredited, or in candidacy that subsequently
becomes accredited, by an accrediting agency recognized by either:
(i) the Council for Higher Education
Accreditation or its successor; or
(ii) the United States Department of Education.
(3) Fulfill a practice requirement, which shall be satisfied by
demonstrating completion of either:
(a) A period of postgraduate supervised clinical practice
equal to a minimum of three thousand hours;
(b) A minimum of two years of full-time postgraduate
supervised clinical practice; or
(c) The substantial equivalency of the foregoing
practice requirements which the Commission may determine by Rule.
(C) An applicant for a master's-category Multistate License must meet
all of the following requirements:
(1) Fulfill a competency requirement, which shall be satisfied
by either:
(a) Passage of a masters-category Qualifying National
Exam;
(b) Licensure of the applicant in their Home State at the
master's category, beginning prior to such time as a Qualifying
National Exam was required by the Home State at the master's category
and accompanied by a continuous period of Social Work licensure
thereafter, all of which may be further governed by the Rules of the
Commission; or
(c) The substantial equivalency of the foregoing
competency requirements which the Commission may determine by
Rule.
(2) Attain at least a master's degree in Social Work from a
program that is:
(a) Operated by a college or university recognized by
the Licensing Authority; and
(b) Accredited, or in candidacy that subsequently
becomes accredited, by an accrediting agency recognized by either:
(i) the Council for Higher Education
Accreditation or its successor; or
(ii) the United States Department of Education.
(D) An applicant for a bachelor's-category Multistate License must
meet all of the following requirements:
(1) Fulfill a competency requirement, which shall be satisfied
by either:
(a) Passage of a bachelor's-category Qualifying
National Exam;
(b) Licensure of the applicant in their Home State at the
bachelor's category, beginning prior to such time as a Qualifying
National Exam was required by the Home State and accompanied by a
period of continuous Social Work licensure thereafter, all of which may
be further governed by the Rules of the Commission; or
(c) The substantial equivalency of the foregoing
competency requirements which the Commission may determine by
Rule.
(2) Attain at least a bachelor's degree in Social Work from a
program that is:
(a) Operated by a college or university recognized by
the Licensing Authority; and
(b) Accredited, or in candidacy that subsequently
becomes accredited, by an accrediting agency recognized by either:
(i) the Council for Higher Education
Accreditation or its successor; or
(ii) the United States Department of Education.
(E) The Multistate License for a Regulated Social Worker is subject to
the renewal requirements of the Home State. The Regulated Social Worker must
maintain compliance with the requirements of Section 4(A) to be eligible to renew a
Multistate License.
(F) The Regulated Social Worker's services in a Remote State are
subject to that Member State's regulatory authority. A Remote State may, in
accordance with due process and that Member State's laws, remove a Regulated Social
Worker's Multistate Authorization to Practice in the Remote State for a specific period
of time, impose fines, and take any other necessary actions to protect the health and
safety of its citizens.
(G) If a Multistate License is encumbered, the Regulated Social
Worker's Multistate Authorization to Practice shall be deactivated in all Remote States
until the Multistate License is no longer encumbered.
(H) If a Multistate Authorization to Practice is encumbered in a
Remote State, the regulated Social Worker's Multistate Authorization to Practice may
be deactivated in that State until the Multistate Authorization to Practice is no longer
encumbered.
SECTION 5. ISSUANCE OF A MULTISTATE LICENSE.
(A) Upon receipt of an application for Multistate License, the Home
State Licensing Authority shall determine the applicant's eligibility for a Multistate
License in accordance with Section 4 of this Compact.
(B) If such applicant is eligible pursuant to Section 4 of this Compact,
the Home State Licensing Authority shall issue a Multistate License that authorizes
the applicant or Regulated Social Worker to practice in all Member States under a
Multistate Authorization to Practice.
(C) Upon issuance of a Multistate License, the Home State Licensing
Authority shall designate whether the Regulated Social Worker holds a Multistate
License in the Bachelors, Masters, or Clinical category of Social Work.
(D) A Multistate License issued by a Home State to a resident in that
State shall be recognized by all Compact Member States as authorizing Social Work
Practice under a Multistate Authorization to Practice corresponding to each category
of licensure regulated in each Member State.
SECTION 6. AUTHORITY OF INTERSTATE COMPACT COMMISSION AND
MEMBER STATE LICENSING AUTHORITIES.
(A) Nothing in this Compact, nor any Rule of the Commission, shall
be construed to limit, restrict, or in any way reduce the ability of a Member State to
enact and enforce laws, regulations, or other rules related to the practice of Social
Work in that State, where those laws, regulations, or other rules are not inconsistent
with the provisions of this Compact.
(B) Nothing in this Compact shall affect the requirements established
by a Member State for the issuance of a Single State License.
(C) Nothing in this Compact, nor any Rule of the Commission, shall
be construed to limit, restrict, or in any way reduce the ability of a Member State to
take Adverse Action against a Licensee's Single State License to practice Social Work
in that State.
(D) Nothing in this Compact, nor any Rule of the Commission, shall
be construed to limit, restrict, or in any way reduce the ability of a Remote State to
take Adverse Action against a Licensee's Multistate Authorization to Practice in that
State.
(E) Nothing in this Compact, nor any Rule of the Commission, shall be
construed to limit, restrict, or in any way reduce the ability of a Licensee's Home State
to take Adverse Action against a Licensee's Multistate License based upon
information provided by a Remote State.
SECTION 7. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE.
(A) A Licensee can hold a Multistate License, issued by their Home
State, in only one Member State at any given time.
(B) If a Licensee changes their Home State by moving between two
Member States:
(1) The Licensee shall immediately apply for the reissuance of
their Multistate License in their new Home State. The Licensee shall pay all
applicable fees and notify the prior Home State in accordance with the Rules of
the Commission.
(2) Upon receipt of an application to reissue a Multistate
License, the new Home State shall verify that the Multistate License is active,
unencumbered and eligible for reissuance under the terms of the Compact and
the Rules of the Commission. The Multistate License issued by the prior Home
State will be deactivated and all Member States notified in accordance with the
applicable Rules adopted by the Commission.
(3) Prior to the reissuance of the Multistate License, the new
Home State shall conduct procedures for considering the criminal history
records of the Licensee. Such procedures shall include the submission of
fingerprints or other biometric-based information by applicants for the purpose
of obtaining an applicant's criminal history record information from the
Federal Bureau of Investigation and the agency responsible for retaining that
State's criminal records.
(4) If required for initial licensure, the new Home State may
require completion of jurisprudence requirements in the new Home State.
(5) Notwithstanding any other provision of this Compact, if a
Licensee does not meet the requirements set forth in this Compact for the
reissuance of a Multistate License by the new Home State, then the Licensee
shall be subject to the new Home State requirements for the issuance of a
Single State License in that State.
(C) If a Licensee changes their primary State of residence by moving
from a Member State to a non-Member State, or from a non-Member State to a
Member State, then the Licensee shall be subject to the State requirements for the
issuance of a Single State License in the new Home State.
(D) Nothing in this Compact shall interfere with a Licensee's ability to
hold a Single State License in multiple States; however, for the purposes of this
Compact, a Licensee shall have only one Home State, and only one Multistate
License.
(E) Nothing in this Compact shall interfere with the requirements
established by a Member State for the issuance of a Single State License.
SECTION 8. MILITARY FAMILIES.
An Active Military Member or their spouse shall designate a Home State
where the individual has a Multistate License. The individual may retain their Home
State designation during the period the service member is on active duty.
SECTION 9. ADVERSE ACTIONS.
(A) In addition to the other powers conferred by State law, a Remote
State shall have the authority, in accordance with existing State due process law, to:
(1) Take Adverse Action against a Regulated Social Worker's
Multistate Authorization to Practice only within that Member State, and issue
subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence. Subpoenas issued
by a Licensing Authority in a Member State for the attendance and testimony
of witnesses or the production of evidence from another Member State shall be
enforced in the latter State by any court of competent jurisdiction, according to
the practice and procedure of that court applicable to subpoenas issued in
proceedings pending before it. The issuing Licensing Authority shall pay any
witness fees, travel expenses, mileage, and other fees required by the service
statutes of the State in which the witnesses or evidence are located.
(2) Only the Home State shall have the power to take Adverse
Action against a Regulated Social Worker's Multistate License.
(B) For purposes of taking Adverse Action, the Home State shall give
the same priority and effect to reported conduct received from a Member State as it
would if the conduct had occurred within the Home State. In so doing, the Home State
shall apply its own State laws to determine appropriate action.
(C) The Home State shall complete any pending investigations of a
Regulated Social Worker who changes their Home State during the course of the
investigations. The Home State shall also have the authority to take appropriate
action(s) and shall promptly report the conclusions of the investigations to the
administrator of the Data System. The administrator of the Data System shall promptly
notify the new Home State of any Adverse Actions.
(D) A Member State, if otherwise permitted by State law, may recover
from the affected Regulated Social Worker the costs of investigations and dispositions
of cases resulting from any Adverse Action taken against that Regulated Social
Worker.
(E) A Member State may take Adverse Action based on the factual
findings of another Member State, provided that the Member State follows its own
procedures for taking the Adverse Action.
(F) Joint Investigations:
(1) In addition to the authority granted to a Member State by its
respective Social Work practice act or other applicable State law, any Member
State may participate with other Member States in joint investigations of
Licensees.
(2) Member States shall share any investigative, litigation, or
compliance materials in furtherance of any joint or individual investigation
initiated under the Compact.
(G) If Adverse Action is taken by the Home State against the
Multistate License of a Regulated Social Worker, the Regulated Social Worker's
Multistate Authorization to Practice in all other Member States shall be deactivated
until all Encumbrances have been removed from the Multistate License. All Home
State disciplinary orders that impose Adverse Action against the license of a
Regulated Social Worker shall include a statement that the Regulated Social Worker's
Multistate Authorization to Practice is deactivated in all Member States until all
conditions of the decision, order or agreement are satisfied.
(H) If a Member State takes Adverse Action, it shall promptly notify
the administrator of the Data System. The administrator of the Data System shall
promptly notify the Home State and all other Member States of any Adverse Actions
by Remote States.
(I) Nothing in this Compact shall override a Member State's decision
that participation in an Alternative Program may be used in lieu of Adverse Action.
(J) Nothing in this Compact shall authorize a Member State to demand
the issuance of subpoenas for attendance and testimony of witnesses or the production
of evidence from another Member State for lawful actions within that Member State.
(K) Nothing in this Compact shall authorize a Member State to impose
discipline against a Regulated Social Worker who holds a Multistate Authorization to
Practice for lawful actions within another Member State.
SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT
COMMISSION.
(A) The Compact Member States hereby create and establish a joint
government agency whose membership consists of all Member States that have
enacted the Compact known as the Social Work Licensure Compact Commission. The
Commission is an instrumentality of the Compact States acting jointly and not an
instrumentality of any one State. The Commission shall come into existence on or
after the effective date of the Compact as set forth in Section 14.
(B) Membership, Voting, and Meetings
(1) Each Member State shall have and be limited to one (1)
delegate selected by that Member State's State Licensing Authority.
(2) The delegate shall be either:
(a) A current member of the State Licensing Authority
at the time of appointment, who is a Regulated Social Worker or public
member of the State Licensing Authority; or
(b) An administrator of the State Licensing Authority or
their designee.
(3) The Commission shall by Rule or bylaw establish a term of
office for delegates and may by Rule or bylaw establish term limits.
(4) The Commission may recommend removal or suspension
of any delegate from office.
(5) A Member State's State Licensing Authority shall fill any
vacancy of its delegate occurring on the Commission within 60 days of the
vacancy.
(6) Each delegate shall be entitled to one vote on all matters
before the Commission requiring a vote by Commission delegates.
(7) A delegate shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for delegates to meet by
telecommunication, videoconference, or other means of communication.
(8) The Commission shall meet at least once during each
calendar year. Additional meetings may be held as set forth in the bylaws. The
Commission may meet by telecommunication, videoconference, or other
similar electronic means.
(C) The Commission shall have the following powers:
(1) Establish the fiscal year of the Commission;
(2) Establish code of conduct and conflict of interest policies;
(3) Establish and amend Rules and bylaws;
(4) Maintain its financial records in accordance with the
bylaws;
(5) Meet and take such actions as are consistent with the
provisions of this Compact, the Commission's Rules, and the bylaws;
(6) Initiate and conclude legal proceedings or actions in the
name of the Commission, provided that the standing of any State Licensing
Board to sue or be sued under applicable law shall not be affected;
(7) Maintain and certify records and information provided to a
Member State as the authenticated business records of the Commission, and
designate an agent to do so on the Commission's behalf;
(8) Purchase and maintain insurance and bonds;
(9) Borrow, accept, or contract for services of personnel,
including, but not limited to, employees of a Member State;
(10) Conduct an annual financial review;
(11) Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate authority to
carry out the purposes of the Compact, and establish the Commission's
personnel policies and programs relating to conflicts of interest, qualifications
of personnel, and other related personnel matters;
(12) Assess and collect fees;
(13) Accept any and all appropriate gifts, donations, grants of
money, other sources of revenue, equipment, supplies, materials, and services,
and receive, utilize, and dispose of the same; provided that at all times the
Commission shall avoid any appearance of impropriety or conflict of interest;
(14) Lease, purchase, retain, own, hold, improve, or use any
property, real, personal, or mixed, or any undivided interest therein;
(15) Sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property real, personal, or mixed;
(16) Establish a budget and make expenditures;
(17) Borrow money;
(18) Appoint committees, including standing committees,
composed of members, State regulators, State legislators or their
representatives, and consumer representatives, and such other interested
persons as may be designated in this Compact and the bylaws;
(19) Provide and receive information from, and cooperate with,
law enforcement agencies;
(20) Establish and elect an Executive Committee, including a
chair and a vice chair;
(21) Determine whether a State's adopted language is
materially different from the model Compact language such that the State
would not qualify for participation in the Compact; and
(22) Perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact.
(D) The Executive Committee
(1) The Executive Committee shall have the power to act on
behalf of the Commission according to the terms of this Compact. The powers,
duties, and responsibilities of the Executive Committee shall include:
(a) Oversee the day-to-day activities of the
administration of the Compact including enforcement and compliance
with the provisions of the Compact, its Rules and bylaws, and other
such duties as deemed necessary;
(b) Recommend to the Commission changes to the
Rules or bylaws, changes to this Compact legislation, fees charged to
Compact Member States, fees charged to Licensees, and other fees;
(c) Ensure Compact administration services are
appropriately provided, including by contract;
(d) Prepare and recommend the budget;
(e) Maintain financial records on behalf of the
Commission;
(f) Monitor Compact compliance of Member States and
provide compliance reports to the Commission;
(g) Establish additional committees as necessary;
(h) Exercise the powers and duties of the Commission
during the interim between Commission meetings, except for adopting
or amending Rules, adopting or amending bylaws, and exercising any
other powers and duties expressly reserved to the Commission by Rule
or bylaw; and
(i) Other duties as provided in the Rules or bylaws of
the Commission.
(2) The Executive Committee shall be composed of up to
eleven (11) members:
(a) The chair and vice chair of the Commission shall be
voting members of the Executive Committee;
(b) The Commission shall elect five (5) voting members
from the current membership of the Commission;
(c) Up to four (4) ex-officio, nonvoting members from
four (4) recognized national Social Work organizations; and
(d) The ex-officio members will be selected by their
respective organizations.
(3) The Commission may remove any member of the Executive
Committee as provided in the Commission's bylaws.
(4) The Executive Committee shall meet at least annually.
(a) Executive Committee meetings shall be open to the
public, except that the Executive Committee may meet in a closed, non-
public meeting as provided in subsection (F)(2) below.
(b) The Executive Committee shall give seven (7) days'
notice of its meetings, posted on its website and as determined to
provide notice to persons with an interest in the business of the
Commission.
(c) The Executive Committee may hold a special
meeting in accordance with subsection (F)(1)(b) below.
(E) The Commission shall adopt and provide to the Member States an
annual report.
(F) Meetings of the Commission
(1) All meetings shall be open to the public, except that the
Commission may meet in a closed, non-public meeting as provided in
subsection (F)(2) below.
(a) Public notice for all meetings of the full
Commission shall be given in the same manner as required under the
Rulemaking provisions in Section 12, except that the Commission may
hold a special meeting as provided in subsection (F)(1)(b) below.
(b) The Commission may hold a special meeting when
it must meet to conduct emergency business by giving 48 hours' notice
to all commissioners, on the Commission's website, and other means as
provided in the Commission's Rules. The Commission's legal counsel
shall certify that the Commission's need to meet qualifies as an
emergency.
(2) The Commission or the Executive Committee or other
committees of the Commission may convene in a closed, non-public meeting
for the Commission or Executive Committee or other committees of the
Commission to receive legal advice or to discuss:
(a) Non-compliance of a Member State with its
obligations under the Compact;
(b) The employment, compensation, discipline or other
matters, practices or procedures related to specific employees;
(c) Current or threatened discipline of a Licensee by the
Commission or by a Member State's Licensing Authority;
(d) Current, threatened, or reasonably anticipated
litigation;
(e) Negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate;
(f) Accusing any person of a crime or formally
censuring any person;
(g) Trade secrets or commercial or financial
information that is privileged or confidential;
(h) Information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal privacy;
(i) Investigative records compiled for law enforcement
purposes;
(j) Information related to any investigative reports
prepared by or on behalf of or for use of the Commission or other
committee charged with responsibility of investigation or determination
of compliance issues pursuant to the Compact;
(k) Matters specifically exempted from disclosure by
federal or Member State law; or
(l) Other matters as promulgated by the Commission by
Rule.
(3) If a meeting, or portion of a meeting, is closed, the
presiding officer shall state that the meeting will be closed and reference each
relevant exempting provision, and such reference shall be recorded in the
minutes.
(4) The Commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a full and accurate
summary of actions taken, and the reasons therefore, including a description of
the views expressed. All documents considered in connection with an action
shall be identified in such minutes. All minutes and documents of a closed
meeting shall remain under seal, subject to release only by a majority vote of
the Commission or order of a court of competent jurisdiction.
(G) Financing of the Commission
(1) The Commission shall pay, or provide for the payment of,
the reasonable expenses of its establishment, organization, and ongoing
activities.
(2) The Commission may accept any and all appropriate
revenue sources as provided in subsection (C)(13).
(3) The Commission may levy on and collect an annual
assessment from each Member State and impose fees on Licensees of Member
States to whom it grants a Multistate License to cover the cost of the
operations and activities of the Commission and its staff, which must be in a
total amount sufficient to cover its annual budget as approved each year for
which revenue is not provided by other sources. The aggregate annual
assessment amount for Member States shall be allocated based upon a formula
that the Commission shall promulgate by Rule.
(4) The Commission shall not incur obligations of any kind
prior to securing the funds adequate to meet the same; nor shall the
Commission pledge the credit of any of the Member States, except by and with
the authority of the Member State.
(5) The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the Commission
shall be subject to the financial review and accounting procedures established
under its bylaws. However, all receipts and disbursements of funds handled by
the Commission shall be subject to an annual financial review by a certified or
licensed public accountant, and the report of the financial review shall be
included in and become part of the annual report of the Commission.
(H) Qualified Immunity, Defense, and Indemnification
(1) The members, officers, executive director, employees and
representatives of the Commission shall be immune from suit and liability,
both personally and in their official capacity, for any claim for damage to or
loss of property or personal injury or other civil liability caused by or arising
out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing
occurred, within the scope of Commission employment, duties or
responsibilities; provided that nothing in this paragraph shall be construed to
protect any such person from suit or liability for any damage, loss, injury, or
liability caused by the intentional or willful or wanton misconduct of that
person. The procurement of insurance of any type by the Commission shall not
in any way compromise or limit the immunity granted hereunder.
(2) The Commission shall defend any member, officer,
executive director, employee, and representative of the Commission in any
civil action seeking to impose liability arising out of any actual or alleged act,
error, or omission that occurred within the scope of Commission employment,
duties, or responsibilities, or as determined by the Commission that the person
against whom the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties, or responsibilities;
provided that nothing herein shall be construed to prohibit that person from
retaining their own counsel at their own expense; and provided further, that the
actual or alleged act, error, or omission did not result from that person's
intentional or willful or wanton misconduct.
(3) The Commission shall indemnify and hold harmless any
member, officer, executive director, employee, and representative of the
Commission for the amount of any settlement or judgment obtained against
that person arising out of any actual or alleged act, error, or omission that
occurred within the scope of Commission employment, duties, or
responsibilities, or that such person had a reasonable basis for believing
occurred within the scope of Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission did
not result from the intentional or willful or wanton misconduct of that person.
(4) Nothing herein shall be construed as a limitation on the
liability of any Licensee for professional malpractice or misconduct, which
shall be governed solely by any other applicable State laws.
(5) Nothing in this Compact shall be interpreted to waive or
otherwise abrogate a Member State's state action immunity or state action
affirmative defense with respect to antitrust claims under the Sherman Act,
Clayton Act, or any other State or federal antitrust or anticompetitive law or
regulation.
(6) Nothing in this Compact shall be construed to be a waiver
of sovereign immunity by the Member States or by the Commission.
SECTION 11. DATA SYSTEM.
(A) The Commission shall provide for the development, maintenance,
operation, and utilization of a coordinated Data System.
(B) The Commission shall assign each applicant for a Multistate
License a unique identifier, as determined by the Rules of the Commission.
(C) Notwithstanding any other provision of State law to the contrary, a
Member State shall submit a uniform data set to the Data System on all individuals to
whom this Compact is applicable as required by the Rules of the Commission,
including:
(1) Identifying information;
(2) Licensure data;
(3) Adverse Actions against a license and information related
thereto;
(4) Non-confidential information related to Alternative
Program participation, the beginning and ending dates of such participation,
and other information related to such participation not made confidential under
Member State law;
(5) Any denial of application for licensure, and the reason(s)
for such denial;
(6) The presence of Current Significant Investigative
Information; and
(7) Other information that may facilitate the administration of
this Compact or the protection of the public, as determined by the Rules of the
Commission.
(D) The records and information provided to a Member State pursuant
to this Compact or through the Data System, when certified by the Commission or an
agent thereof, shall constitute the authenticated business records of the Commission,
and shall be entitled to any associated hearsay exception in any relevant judicial,
quasi-judicial or administrative proceedings in a Member State.
(E) Current Significant Investigative Information pertaining to a
Licensee in any Member State will only be available to other Member States.
(1) It is the responsibility of the Member States to report any
Adverse Action against a Licensee and to monitor the database to determine
whether Adverse Action has been taken against a Licensee. Adverse Action
information pertaining to a Licensee in any Member State will be available to
any other Member State.
(F) Member States contributing information to the Data System may
designate information that may not be shared with the public without the express
permission of the contributing State.
(G) Any information submitted to the Data System that is subsequently
expunged pursuant to federal law or the laws of the Member State contributing the
information shall be removed from the Data System.
SECTION 12. RULEMAKING.
(A) The Commission shall promulgate reasonable Rules in order to
effectively and efficiently implement and administer the purposes and provisions of
the Compact. A Rule shall be invalid and have no force or effect only if a court of
competent jurisdiction holds that the Rule is invalid because the Commission
exercised its rulemaking authority in a manner that is beyond the scope and purposes
of the Compact, or the powers granted hereunder, or based upon another applicable
standard of review.
(B) The Rules of the Commission shall have the force of law in each
Member State, provided however that, where the Rules of the Commission conflict
with the laws of the Member State that establish the Member State's laws, regulations,
and applicable standards that govern the practice of Social Work as held by a court of
competent jurisdiction, the Rules of the Commission shall be ineffective in that State
to the extent of the conflict.
(C) The Commission shall exercise its Rulemaking powers pursuant to
the criteria set forth in this Section and the Rules adopted thereunder. Rules shall
become binding on the day following adoption or the date specified in the rule or
amendment, whichever is later.
(D) If a majority of the legislatures of the Member States rejects a Rule
or portion of a Rule, by enactment of a statute or resolution in the same manner used
to adopt the Compact within four (4) years of the date of adoption of the Rule, then
such Rule shall have no further force and effect in any Member State.
(E) Rules shall be adopted at a regular or special meeting of the
Commission.
(F) Prior to adoption of a proposed Rule, the Commission shall hold a
public hearing and allow persons to provide oral and written comments, data, facts,
opinions, and arguments.
(G) Prior to adoption of a proposed Rule by the Commission, and at
least thirty (30) days in advance of the meeting at which the Commission will hold a
public hearing on the proposed Rule, the Commission shall provide a Notice of
Proposed Rulemaking:
(1) On the website of the Commission or other publicly
accessible platform;
(2) To persons who have requested notice of the Commission's
notices of proposed rulemaking; and
(3) In such other way(s) as the Commission may by Rule
specify.
(H) The Notice of Proposed Rulemaking shall include:
(1) The time, date, and location of the public hearing at which
the Commission will hear public comments on the proposed Rule and, if
different, the time, date, and location of the meeting where the Commission
will consider and vote on the proposed Rule;
(2) If the hearing is held via telecommunication, video
conference, or other electronic means, the Commission shall include the
mechanism for access to the hearing in the Notice of Proposed Rulemaking;
(3) The text of the proposed Rule and the reason therefor;
(4) A request for comments on the proposed Rule from any
interested person; and
(5) The manner in which interested persons may submit written
comments.
(I) All hearings will be recorded. A copy of the recording and all
written comments and documents received by the Commission in response to the
proposed Rule shall be available to the public.
(J) Nothing in this section shall be construed as requiring a separate
hearing on each Rule. Rules may be grouped for the convenience of the Commission
at hearings required by this section.
(K) The Commission shall, by majority vote of all members, take final
action on the proposed Rule based on the Rulemaking record and the full text of the
Rule.
(1) The Commission may adopt changes to the proposed Rule
provided the changes do not enlarge the original purpose of the proposed Rule.
(2) The Commission shall provide an explanation of the
reasons for substantive changes made to the proposed Rule as well as reasons
for substantive changes not made that were recommended by commenters.
(3) The Commission shall determine a reasonable effective date
for the Rule. Except for an emergency as provided in Section 12(L), the
effective date of the rule shall be no sooner than 30 days after issuing the
notice that it adopted or amended the Rule.
(L) Upon determination that an emergency exists, the Commission
may consider and adopt an emergency Rule with 48 hours' notice, with opportunity to
comment, provided that the usual Rulemaking procedures provided in the Compact
and in this section shall be retroactively applied to the Rule as soon as reasonably
possible, in no event later than ninety (90) days after the effective date of the Rule. For
the purposes of this provision, an emergency Rule is one that must be adopted
immediately in order to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of Commission or Member State funds;
(3) Meet a deadline for the promulgation of a Rule that is
established by federal law or rule; or
(4) Protect public health and safety.
(M) The Commission or an authorized committee of the Commission
may direct revisions to a previously adopted Rule for purposes of correcting
typographical errors, errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the website of the Commission. The
revision shall be subject to challenge by any person for a period of thirty (30) days
after posting. The revision may be challenged only on grounds that the revision results
in a material change to a Rule. A challenge shall be made in writing and delivered to
the Commission prior to the end of the notice period. If no challenge is made, the
revision will take effect without further action. If the revision is challenged, the
revision may not take effect without the approval of the Commission.
(N) No Member State's rulemaking requirements shall apply under this
Compact.
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.
(A) Oversight
(1) The executive and judicial branches of State government in
each Member State shall enforce this Compact and take all actions necessary
and appropriate to implement the Compact.
(2) Except as otherwise provided in this Compact, venue is
proper and judicial proceedings by or against the Commission shall be brought
solely and exclusively in a court of competent jurisdiction where the principal
office of the Commission is located. The Commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings. Nothing herein shall affect or limit
the selection or propriety of venue in any action against a Licensee for
professional malpractice, misconduct or any such similar matter.
(3) The Commission shall be entitled to receive service of
process in any proceeding regarding the enforcement or interpretation of the
Compact and shall have standing to intervene in such a proceeding for all
purposes. Failure to provide the Commission service of process shall render a
judgment or order void as to the Commission, this Compact, or promulgated
Rules.
(B) Default, Technical Assistance, and Termination
(1) If the Commission determines that a Member State has
defaulted in the performance of its obligations or responsibilities under this
Compact or the promulgated Rules, the Commission shall provide written
notice to the defaulting State. The notice of default shall describe the default,
the proposed means of curing the default, and any other action that the
Commission may take, and shall offer training and specific technical assistance
regarding the default.
(2) The Commission shall provide a copy of the notice of
default to the other Member States.
(C) If a State in default fails to cure the default, the defaulting State
may be terminated from the Compact upon an affirmative vote of a majority of the
delegates of the Member States, and all rights, privileges and benefits conferred on
that State by this Compact may be terminated on the effective date of termination. A
cure of the default does not relieve the offending State of obligations or liabilities
incurred during the period of default.
(D) Termination of membership in the Compact shall be imposed only
after all other means of securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the Commission to the governor, the majority
and minority leaders of the defaulting State's legislature, the defaulting State's State
Licensing Authority and each of the Member States' State Licensing Authority.
(E) A State that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination, including
obligations that extend beyond the effective date of termination.
(F) Upon the termination of a State's membership from this Compact,
that State shall immediately provide notice to all Licensees within that State of such
termination. The terminated State shall continue to recognize all licenses granted
pursuant to this Compact for a minimum of six (6) months after the date of said notice
of termination.
(G) The Commission shall not bear any costs related to a State that is
found to be in default or that has been terminated from the Compact, unless agreed
upon in writing between the Commission and the defaulting State.
(H) The defaulting State may appeal the action of the Commission by
petitioning the U.S. District Court for the District of Columbia or the federal district
where the Commission has its principal offices. The prevailing party shall be awarded
all costs of such litigation, including reasonable attorney's fees.
(I) Dispute Resolution
(1) Upon request by a Member State, the Commission shall
attempt to resolve disputes related to the Compact that arise among Member
States and between Member and non-Member States.
(2) The Commission shall promulgate a Rule providing for
both mediation and binding dispute resolution for disputes as appropriate.
(J) Enforcement
(1) By majority vote as provided by Rule, the Commission may
initiate legal action against a Member State in default in the United States
District Court for the District of Columbia or the federal district where the
Commission has its principal offices to enforce compliance with the provisions
of the Compact and its promulgated Rules. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary,
the prevailing party shall be awarded all costs of such litigation, including
reasonable attorney's fees. The remedies herein shall not be the exclusive
remedies of the Commission. The Commission may pursue any other remedies
available under federal or the defaulting Member State's law.
(2) A Member State may initiate legal action against the
Commission in the U.S. District Court for the District of Columbia or the
federal district where the Commission has its principal offices to enforce
compliance with the provisions of the Compact and its promulgated Rules. The
relief sought may include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing party shall be awarded all
costs of such litigation, including reasonable attorney's fees.
(3) No person other than a Member State shall enforce this
Compact against the Commission.
SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT.
(A) The Compact shall come into effect on the date on which the
Compact statute is enacted into law in the seventh Member State.
(1) On or after the effective date of the Compact, the
Commission shall convene and review the enactment of each of the first seven
Member States ("Charter Member States") to determine if the statute enacted
by each such Charter Member State is materially different than the model
Compact statute.
(a) A Charter Member State whose enactment is found
to be materially different from the model Compact statute shall be
entitled to the default process set forth in Section 13.
(b) If any Member State is later found to be in default,
or is terminated or withdraws from the Compact, the Commission shall
remain in existence and the Compact shall remain in effect even if the
number of Member States should be less than seven.
(2) Member States enacting the Compact subsequent to the
seven initial Charter Member States shall be subject to the process set forth in
Section 10(C)(21) to determine if their enactments are materially different
from the model Compact statute and whether they qualify for participation in
the Compact.
(3) All actions taken for the benefit of the Commission or in
furtherance of the purposes of the administration of the Compact prior to the
effective date of the Compact or the Commission coming into existence shall
be considered to be actions of the Commission unless specifically repudiated
by the Commission.
(4) Any State that joins the Compact subsequent to the
Commission's initial adoption of the Rules and bylaws shall be subject to the
Rules and bylaws as they exist on the date on which the Compact becomes law
in that State. Any Rule that has been previously adopted by the Commission
shall have the full force and effect of law on the day the Compact becomes law
in that State.
(B) Any Member State may withdraw from this Compact by enacting a
statute repealing the same.
(1) A Member State's withdrawal shall not take effect until 180
days after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of
the withdrawing State's Licensing Authority to comply with the investigative
and Adverse Action reporting requirements of this Compact prior to the
effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing from this
Compact, a State shall immediately provide notice of such withdrawal to all
Licensees within that State. Notwithstanding any subsequent statutory
enactment to the contrary, such withdrawing State shall continue to recognize
all licenses granted pursuant to this Compact for a minimum of 180 days after
the date of such notice of withdrawal.
(C) Nothing contained in this Compact shall be construed to invalidate
or prevent any licensure agreement or other cooperative arrangement between a
Member State and a non-Member State that does not conflict with the provisions of
this Compact.
(D) This Compact may be amended by the Member States. No
amendment to this Compact shall become effective and binding upon any Member
State until it is enacted into the laws of all Member States.
SECTION 15. CONSTRUCTION AND SEVERABILITY.
(A) This Compact and the Commission's rulemaking authority shall be
liberally construed so as to effectuate the purposes, and the implementation and
administration of the Compact. Provisions of the Compact expressly authorizing or
requiring the promulgation of Rules shall not be construed to limit the Commission's
rulemaking authority solely for those purposes.
(B) The provisions of this Compact shall be severable and if any
phrase, clause, sentence or provision of this Compact is held by a court of competent
jurisdiction to be contrary to the constitution of any Member State, a State seeking
participation in the Compact, or of the United States, or the applicability thereof to any
government, agency, person or circumstance is held to be unconstitutional by a court
of competent jurisdiction, the validity of the remainder of this Compact and the
applicability thereof to any other government, agency, person or circumstance shall
not be affected thereby.
(C) Notwithstanding subsection B of this section, the Commission may
deny a State's participation in the Compact or, in accordance with the requirements of
Section 13(B), terminate a Member State's participation in the Compact, if it
determines that a constitutional requirement of a Member State is a material departure
from the Compact. Otherwise, if this Compact shall be held to be contrary to the
constitution of any Member State, the Compact shall remain in full force and effect as
to the remaining Member States and in full force and effect as to the Member State
affected as to all severable matters.
SECTION 16. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS.
(A) A Licensee providing services in a Remote State under a
Multistate Authorization to Practice shall adhere to the laws and regulations, including
laws, regulations, and applicable standards, of the Remote State where the client is
located at the time care is rendered.
(B) Nothing herein shall prevent or inhibit the enforcement of any
other law of a Member State that is not inconsistent with the Compact.
(C) Any laws, statutes, regulations, or other legal requirements in a
Member State in conflict with the Compact are superseded to the extent of the conflict.
(D) All permissible agreements between the Commission and the
Member States are binding in accordance with their terms.
* Sec. 22. AS 08.95.990 is amended by adding new paragraphs to read:
(8) "multistate authorization to practice" has the meaning given in
AS 08.95.200;
(9) "regulated social worker" has the meaning given in AS 08.95.200.
* Sec. 23. AS 09.55.560(2) is amended to read:
(2) "health care provider" means an acupuncturist licensed under
AS 08.06; an audiologist or speech-language pathologist licensed under AS 08.11; a
chiropractor licensed under AS 08.20; a dental hygienist licensed under AS 08.32; a
dentist licensed under AS 08.36; a nurse licensed under AS 08.68; a dispensing
optician licensed under AS 08.71; a naturopath licensed under AS 08.45; an
optometrist licensed under AS 08.72; a pharmacist licensed under AS 08.80; a
physical therapist or occupational therapist licensed under AS 08.84; a physician or
physician assistant licensed under AS 08.64; a podiatrist; a psychologist and a
psychological associate licensed under AS 08.86; a respiratory care practitioner
licensed under AS 08.90; a hospital as defined in AS 47.32.900, including a
governmentally owned or operated hospital; an employee of a health care provider
acting within the course and scope of employment; an ambulatory surgical facility and
other organizations whose primary purpose is the delivery of health care, including a
health maintenance organization, individual practice association, integrated delivery
system, preferred provider organization or arrangement, and a physical hospital
organization;
* Sec. 24. AS 09.65.300(c)(1) is amended to read:
(1) "health care provider" means a physician, physician assistant,
dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse,
practical nurse, advanced practice registered nurse, naturopath, respiratory care
practitioner, physical therapist, occupational therapist, marital and family therapist,
psychologist, psychological associate, behavior analyst, assistant behavior analyst,
licensed clinical social worker, athletic trainer, certified direct-entry midwife, licensed
professional counselor, or licensed associate counselor;
* Sec. 25. AS 12.62.400(a) is amended by adding new paragraphs to read:
(26) expedited licensure as a physician or osteopath under
AS 08.64.253;
(27) licensure as a physician assistant under AS 08.64.107, including a
compact privilege under AS 08.64.254;
(28) licensure as a psychologist under AS 08.86, including an authority
to practice under AS 08.86.225;
(29) certification or licensure as an emergency medical technician or
mobile intensive care paramedic under AS 18.08 or as an advanced emergency
medical technician under regulations adopted under AS 18.08, including a privilege to
practice under AS 18.08.105.
* Sec. 26. AS 12.62.400(a), as amended by sec. 25 of this Act, is amended by adding a new
paragraph to read:
(30) multistate licensure as a social worker under AS 08.95.200.
* Sec. 27. AS 14.30.141(e) is amended to read:
(e) In this section, "health care provider" means a licensed physician,
advanced practice registered nurse, respiratory care practitioner, physician assistant,
village health aide, or pharmacist operating within the scope of the health care
provider's authority.
* Sec. 28. AS 18.08.082 is amended by adding new subsections to read:
(d) An applicant for a license or certificate as an emergency medical
technician or mobile intensive care paramedic under this section or as an advanced
emergency medical technician under regulations adopted under this chapter shall
submit to the department the applicant's fingerprints and the fees required by the
Department of Public Safety under AS 12.62.160 for criminal justice information and
a national criminal history record check. The department shall forward the fingerprints
and fees to the Department of Public Safety to obtain a report of criminal justice
information under AS 12.62 and a national criminal history record check under
AS 12.62.400. Criminal justice information and criminal history record information
obtained under this subsection may only be used by the department for the purpose of
determining an applicant's qualifications and fitness for a license or privilege to
practice under this chapter.
(e) The department shall implement the recognition of EMS personnel
licensure interstate compact under AS 18.08.105.
* Sec. 29. AS 18.08 is amended by adding a new section to read:
Sec. 18.08.105. Recognition of EMS personnel licensure interstate
compact. The recognition of EMS personnel licensure interstate compact as contained
in this section is enacted into law and entered into on behalf of the state with all other
states and jurisdictions legally joining it in a form substantially as follows:
SECTION 1. PURPOSE.
In order to protect the public through verification of competency and ensure
accountability for patient care related activities all states license emergency medical
services (EMS) personnel, such as emergency medical technicians (EMTs), advanced
EMTs and paramedics. This Compact is intended to facilitate the day-to-day
movement of EMS personnel across state boundaries in the performance of their EMS
duties as assigned by an appropriate authority and authorize state EMS offices to
afford immediate legal recognition to EMS personnel licensed in a member state. This
Compact recognizes that states have a vested interest in protecting the public's health
and safety through their licensing and regulation of EMS personnel and that such state
regulation shared among the member states will best protect public health and safety.
This Compact is designed to achieve the following purposes and objectives:
(1) increase public access to EMS personnel;
(2) enhance the states' ability to protect the public's health and safety,
especially patient safety;
(3) encourage the cooperation of member states in the areas of EMS
personnel licensure and regulation;
(4) support licensing of military members who are separating from an
active-duty tour and their spouses;
(5) facilitate the exchange of information between member states
regarding EMS personnel licensure, adverse action and significant investigatory
information;
(6) promote compliance with the laws governing EMS personnel
practice in each member state; and
(7) invest all member states with the authority to hold EMS personnel
accountable through the mutual recognition of member state licenses.
SECTION 2. DEFINITIONS.
In this Compact:
(A) "Advanced Emergency Medical Technician" and "AEMT" mean: an
individual licensed with cognitive knowledge and a scope of practice that corresponds
to that level in the National EMS Education Standards and National EMS Scope of
Practice Model.
(B) "Adverse Action" means: any administrative, civil, equitable or criminal
action permitted by a state's laws which may be imposed against licensed EMS
personnel by a state EMS authority or state court, including, but not limited to, actions
against an individual's license such as revocation, suspension, probation, consent
agreement, monitoring or other limitation or encumbrance on the individual's practice,
letters of reprimand or admonition, fines, criminal convictions and state court
judgments enforcing adverse actions by the state EMS authority.
(C) "Alternative program" means: a voluntary, non-disciplinary substance
abuse recovery program approved by a state EMS authority.
(D) "Certification" means: the successful verification of entry-level cognitive
and psychomotor competency using a reliable, validated, and legally defensible
examination.
(E) "Commission" means: the national administrative body of which all states
that have enacted the Compact are members.
(F) "Emergency Medical Technician" and "EMT" mean: an individual
licensed with cognitive knowledge and a scope of practice that corresponds to that
level in the National EMS Education Standards and National EMS Scope of Practice
Model.
(G) "Home State" means: a member state where an individual is licensed to
practice emergency medical services.
(H) "License" means: the authorization by a state for an individual to practice
as an EMT, AEMT, paramedic, or a level in between EMT and paramedic.
(I) "Medical Director" means: a physician licensed in a member state who is
accountable for the care delivered by EMS personnel.
(J) "Member State" means: a state that has enacted this Compact.
(K) "Paramedic" means: an individual licensed with cognitive knowledge and
a scope of practice that corresponds to that level in the National EMS Education
Standards and National EMS Scope of Practice Model.
(L) "Privilege to Practice" means: an individual's authority to deliver
emergency medical services in remote states as authorized under this Compact.
(M) "Remote State" means: a member state in which an individual is not
licensed.
(N) "Restricted" means: the outcome of an adverse action that limits a license
or the privilege to practice.
(O) "Rule" means: a written statement by the interstate Commission
promulgated pursuant to Section 12 of this Compact that is of general applicability;
implements, interprets, or prescribes a policy or provision of the Compact; or is an
organizational, procedural, or practice requirement of the Commission and has the
force and effect of statutory law in a member state and includes the amendment,
repeal, or suspension of an existing rule.
(P) "Scope of Practice" means: defined parameters of various duties or
services that may be provided by an individual with specific credentials. Whether
regulated by rule, statute, or court decision, it tends to represent the limits of services
an individual may perform.
(Q) "Significant Investigatory Information" means:
(1) investigative information that a state EMS authority, after a
preliminary inquiry that includes notification and an opportunity to respond if required
by state law, has reason to believe, if proved true, would result in the imposition of an
adverse action on a license or privilege to practice; or
(2) investigative information that indicates that the individual
represents an immediate threat to public health and safety regardless of whether the
individual has been notified and had an opportunity to respond.
(R) "State" means: any state, commonwealth, district, or territory of the
United States.
(S) "State EMS Authority" means: the board, office, or other agency with the
legislative mandate to license EMS personnel.
SECTION 3. HOME STATE LICENSURE.
(A) Any member state in which an individual holds a current license shall be
deemed a home state for purposes of this Compact.
(B) Any member state may require an individual to obtain and retain a license
to be authorized to practice in the member state under circumstances not authorized by
the privilege to practice under the terms of this Compact.
(C) A home state's license authorizes an individual to practice in a remote
state under the privilege to practice only if the home state:
(1) Currently requires the use of the National Registry of Emergency
Medical Technicians (NREMT) examination as a condition of issuing initial licenses
at the EMT and paramedic levels;
(2) Has a mechanism in place for receiving and investigating
complaints about individuals;
(3) Notifies the Commission, in compliance with the terms herein, of
any adverse action or significant investigatory information regarding an individual;
(4) No later than five years after activation of the Compact, requires a
criminal background check of all applicants for initial licensure, including the use of
the results of fingerprint or other biometric data checks compliant with the
requirements of the Federal Bureau of Investigation with the exception of federal
employees who have suitability determination in accordance with 5 C.F.R. 731.202
and submit documentation of such as promulgated in the rules of the Commission; and
(5) Complies with the rules of the Commission.
SECTION 4. COMPACT PRIVILEGE TO PRACTICE.
(A) Member states shall recognize the privilege to practice of an individual
licensed in another member state that is in conformance with Section 3.
(B) To exercise the privilege to practice under the terms and provisions of this
Compact, an individual must:
(1) Be at least 18 years of age;
(2) Possess a current unrestricted license in a member state as an EMT,
AEMT, paramedic, or state recognized and licensed level with a scope of practice and
authority between EMT and paramedic; and
(3) Practice under the supervision of a medical director.
(C) An individual providing patient care in a remote state under the privilege
to practice shall function within the scope of practice authorized by the home state
unless and until modified by an appropriate authority in the remote state as may be
defined in the rules of the commission.
(D) Except as provided in Section 4(C), an individual practicing in a remote
state will be subject to the remote state's authority and laws. A remote state may, in
accordance with due process and that state's laws, restrict, suspend, or revoke an
individual's privilege to practice in the remote state and may take any other necessary
actions to protect the health and safety of its citizens. If a remote state takes action it
shall promptly notify the home state and the Commission.
(E) If an individual's license in any home state is restricted or suspended, the
individual shall not be eligible to practice in a remote state under the privilege to
practice until the individual's home state license is restored.
(F) If an individual's privilege to practice in any remote state is restricted,
suspended, or revoked the individual shall not be eligible to practice in any remote
state until the individual's privilege to practice is restored.
SECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE.
An individual may practice in a remote state under a privilege to practice only
in the performance of the individual's EMS duties as assigned by an appropriate
authority, as defined in the rules of the Commission, and under the following
circumstances:
(1) The individual originates a patient transport in a home state and
transports the patient to a remote state;
(2) The individual originates in the home state and enters a remote
state to pick up a patient and provide care and transport of the patient to the home
state;
(3) The individual enters a remote state to provide patient care and/or
transport within that remote state;
(4) The individual enters a remote state to pick up a patient and
provide care and transport to a third member state;
(5) Other conditions as determined by rules promulgated by the
commission.
SECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE
COMPACT.
Upon a member state's governor's declaration of a state of emergency or
disaster that activates the Emergency Management Assistance Compact (EMAC), all
relevant terms and provisions of EMAC shall apply and to the extent any terms or
provisions of this Compact conflicts with EMAC, the terms of EMAC shall prevail
with respect to any individual practicing in the remote state in response to such
declaration.
SECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE-DUTY
MILITARY, AND THEIR SPOUSES.
(A) Member states shall consider a veteran, active military service member,
and member of the National Guard and Reserves separating from an active-duty tour,
and a spouse thereof, who holds a current valid and unrestricted NREMT certification
at or above the level of the state license being sought as satisfying the minimum
training and examination requirements for such licensure.
(B) Member states shall expedite the processing of licensure applications
submitted by veterans, active military service members, and members of the National
Guard and Reserves separating from an active-duty tour, and their spouses.
(C) All individuals functioning with a privilege to practice under this Section
remain subject to the Adverse Actions provisions of Section 8.
SECTION 8. ADVERSE ACTIONS.
(A) A home state shall have exclusive power to impose adverse action against
an individual's license issued by the home state.
(B) If an individual's license in any home state is restricted or suspended, the
individual shall not be eligible to practice in a remote state under the privilege to
practice until the individual's home state license is restored.
(1) All home state adverse action orders shall include a statement that
the individual's Compact privileges are inactive. The order may allow the individual to
practice in remote states with prior written authorization from both the home state and
remote state's EMS authority.
(2) An individual currently subject to adverse action in the home state
shall not practice in any remote state without prior written authorization from both the
home state and remote state's EMS authority.
(C) A member state shall report adverse actions and any occurrences that the
individual's Compact privileges are restricted, suspended, or revoked to the
Commission in accordance with the rules of the Commission.
(D) A remote state may take adverse action on an individual's privilege to
practice within that state.
(E) Any member state may take adverse action against an individual's
privilege to practice in that state based on the factual findings of another member state,
so long as each state follows its own procedures for imposing such adverse action.
(F) A home state's EMS authority shall investigate and take appropriate action
with respect to reported conduct in a remote state as it would if such conduct had
occurred within the home state. In such cases, the home state's law shall control in
determining the appropriate adverse action.
(G) Nothing in this Compact shall override a member state's decision that
participation in an alternative program may be used in lieu of adverse action and that
such participation shall remain non-public if required by the member state's laws.
Member states must require individuals who enter any alternative programs to agree
not to practice in any other member state during the term of the alternative program
without prior authorization from such other member state.
SECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S EMS
AUTHORITY.
A member state's EMS authority, in addition to any other powers granted
under state law, is authorized under this Compact to:
(1) Issue subpoenas for both hearings and investigations that require
the attendance and testimony of witnesses and the production of evidence. Subpoenas
issued by a member state's EMS authority for the attendance and testimony of
witnesses, and/or the production of evidence from another member state, shall be
enforced in the remote state by any court of competent jurisdiction, according to that
court's practice and procedure in considering subpoenas issued in its own proceedings.
The issuing state EMS authority shall pay any witness fees, travel expenses, mileage,
and other fees required by the service statutes of the state where the witnesses and/or
evidence are located; and
(2) Issue cease and desist orders to restrict, suspend, or revoke an
individual's privilege to practice in the state.
SECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS
PERSONNEL PRACTICE.
(A) The Compact states hereby create and establish a joint public agency
known as the Interstate Commission for EMS Personnel Practice.
(1) The Commission is a body politic and an instrumentality of the
Compact states.
(2) Venue is proper and judicial proceedings by or against the
Commission shall be brought solely and exclusively in a court of competent
jurisdiction where the principal office of the Commission is located. The Commission
may waive venue and jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings.
(3) Nothing in this Compact shall be construed to be a waiver of
sovereign immunity.
(B) Membership, Voting, and Meetings.
(1) Each member state shall have and be limited to one (1) delegate.
The responsible official of the state EMS authority or his designee shall be the
delegate to this Compact for each member state. Any delegate may be removed or
suspended from office as provided by the law of the state from which the delegate is
appointed. Any vacancy occurring in the Commission shall be filled in accordance
with the laws of the member state in which the vacancy exists. In the event that more
than one board, office, or other agency with the legislative mandate to license EMS
personnel at and above the level of EMT exists, the Governor of the state will
determine which entity will be responsible for assigning the delegate.
(2) Each delegate shall be entitled to one (1) vote with regard to the
promulgation of rules and creation of bylaws and shall otherwise have an opportunity
to participate in the business and affairs of the Commission. A delegate shall vote in
person or by such other means as provided in the bylaws. The bylaws may provide for
delegates' participation in meetings by telephone or other means of communication.
(3) The Commission shall meet at least once during each calendar
year. Additional meetings shall be held as set forth in the bylaws.
(4) All meetings shall be open to the public, and public notice of
meetings shall be given in the same manner as required under the rulemaking
provisions in Section 12.
(5) The Commission may convene in a closed, non-public meeting if
the Commission must discuss:
(a) Non-compliance of a member state with its obligations
under the Compact;
(b) The employment, compensation, discipline or other
personnel matters, practices or procedures related to specific employees or
other matters related to the Commission's internal personnel practices and
procedures;
(c) Current, threatened, or reasonably anticipated litigation;
(d) Negotiation of contracts for the purchase or sale of goods,
services, or real estate;
(e) Accusing any person of a crime or formally censuring any
person;
(f) Disclosure of trade secrets or commercial or financial
information that is privileged or confidential;
(g) Disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of personal privacy;
(h) Disclosure of investigatory records compiled for law
enforcement purposes;
(i) Disclosure of information related to any investigatory
reports prepared by or on behalf of or for use of the Commission or other
committee charged with responsibility of investigation or determination of
compliance issues pursuant to the Compact; or
(j) Matters specifically exempted from disclosure by federal or
member state statute.
(6) If a meeting, or portion of a meeting, is closed pursuant to this
provision, the Commission's legal counsel or designee shall certify that the meeting
may be closed and shall reference each relevant exempting provision. The
Commission shall keep minutes that fully and clearly describe all matters discussed in
a meeting and shall provide a full and accurate summary of actions taken, and the
reasons therefore, including a description of the views expressed. All documents
considered in connection with an action shall be identified in such minutes. All
minutes and documents of a closed meeting shall remain under seal, subject to release
by a majority vote of the Commission or order of a court of competent jurisdiction.
(C) The Commission shall, by a majority vote of the delegates, prescribe
bylaws and/or rules to govern its conduct as may be necessary or appropriate to carry
out the purposes and exercise the powers of the Compact, including but not limited to:
(1) Establishing the fiscal year of the Commission;
(2) Providing reasonable standards and procedures:
(a) for the establishment and meetings of other committees; and
(b) governing any general or specific delegation of any
authority or function of the Commission;
(3) Providing reasonable procedures for calling and conducting
meetings of the Commission, ensuring reasonable advance notice of all meetings, and
providing an opportunity for attendance of such meetings by interested parties, with
enumerated exceptions designed to protect the public's interest, the privacy of
individuals, and proprietary information, including trade secrets. The Commission
may meet in closed session only after a majority of the membership votes to close a
meeting in whole or in part. As soon as practicable, the Commission must make public
a copy of the vote to close the meeting revealing the vote of each member with no
proxy votes allowed;
(4) Establishing the titles, duties and authority, and reasonable
procedures for the election of the officers of the Commission;
(5) Providing reasonable standards and procedures for the
establishment of the personnel policies and programs of the Commission.
Notwithstanding any civil service or other similar laws of any member state, the
bylaws shall exclusively govern the personnel policies and programs of the
Commission;
(6) Promulgating a code of ethics to address permissible and prohibited
activities of Commission members and employees;
(7) Providing a mechanism for winding up the operations of the
Commission and the equitable disposition of any surplus funds that may exist after the
termination of the Compact after the payment and/or reserving of all of its debts and
obligations;
(8) The Commission shall publish its bylaws and file a copy thereof,
and a copy of any amendment thereto, with the appropriate agency or officer in each
of the member states, if any;
(9) The Commission shall maintain its financial records in accordance
with the bylaws;
(10) The Commission shall meet and take such actions as are
consistent with the provisions of this Compact and the bylaws.
(D) The Commission shall have the following powers:
(1) The authority to promulgate uniform rules to facilitate and
coordinate implementation and administration of this Compact. The rules shall have
the force and effect of law and shall be binding in all member states;
(2) To bring and prosecute legal proceedings or actions in the name of
the Commission, provided that the standing of any state EMS authority or other
regulatory body responsible for EMS personnel licensure to sue or be sued under
applicable law shall not be affected;
(3) To purchase and maintain insurance and bonds;
(4) To borrow, accept, or contract for services of personnel, including,
but not limited to, employees of a member state;
(5) To hire employees, elect or appoint officers, fix compensation,
define duties, grant such individuals appropriate authority to carry out the purposes of
the Compact, and to establish the Commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel, and other related personnel
matters;
(6) To accept any and all appropriate donations and grants of money,
equipment, supplies, materials and services, and to receive, utilize and dispose of the
same; provided that at all times the Commission shall strive to avoid any appearance
of impropriety and/or conflict of interest;
(7) To lease, purchase, accept appropriate gifts or donations of, or
otherwise to own, hold, improve or use, any property, real, personal or mixed;
provided that at all times the Commission shall strive to avoid any appearance of
impropriety;
(8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property real, personal, or mixed;
(9) To establish a budget and make expenditures;
(10) To borrow money;
(11) To appoint committees, including advisory committees comprised
of members, state regulators, state legislators or their representatives, and consumer
representatives, and such other interested persons as may be designated in this
Compact and the bylaws;
(12) To provide and receive information from, and to cooperate with,
law enforcement agencies;
(13) To adopt and use an official seal; and
(14) To perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact consistent with the state
regulation of EMS personnel licensure and practice.
(E) Financing of the Commission.
(1) The Commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization, and ongoing activities.
(2) The Commission may accept any and all appropriate revenue
sources, donations, and grants of money, equipment, supplies, materials, and services.
(3) The Commission may levy on and collect an annual assessment
from each member state or impose fees on other parties to cover the cost of the
operations and activities of the Commission and its staff, which must be in a total
amount sufficient to cover its annual budget as approved each year for which revenue
is not provided by other sources. The aggregate annual assessment amount shall be
allocated based upon a formula to be determined by the Commission, which shall
promulgate a rule binding upon all member states.
(4) The Commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same; nor shall the Commission pledge the
credit of any of the member states, except by and with the authority of the member
state.
(5) The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject to
the audit and accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Commission shall be audited
yearly by a certified or licensed public accountant, and the report of the audit shall be
included in and become part of the annual report of the Commission.
(F) Qualified Immunity, Defense, and Indemnification.
(1) The members, officers, executive director, employees and
representatives of the Commission shall be immune from suit and liability, either
personally or in their official capacity, for any claim for damage to or loss of property
or personal injury or other civil liability caused by or arising out of any actual or
alleged act, error or omission that occurred, or that the person against whom the claim
is made had a reasonable basis for believing occurred within the scope of Commission
employment, duties or responsibilities; provided that nothing in this paragraph shall be
construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton misconduct of that
person.
(2) The Commission shall defend any member, officer, executive
director, employee or representative of the Commission in any civil action seeking to
impose liability arising out of any actual or alleged act, error, or omission that
occurred within the scope of Commission employment, duties, or responsibilities, or
that the person against whom the claim is made had a reasonable basis for believing
occurred within the scope of Commission employment, duties, or responsibilities;
provided that nothing herein shall be construed to prohibit that person from retaining
his or her own counsel; and provided further, that the actual or alleged act, error, or
omission did not result from that person's intentional or willful or wanton misconduct.
(3) The Commission shall indemnify and hold harmless any member,
officer, executive director, employee, or representative of the Commission for the
amount of any settlement or judgment obtained against that person arising out of any
actual or alleged act, error or omission that occurred within the scope of Commission
employment, duties, or responsibilities, or that such person had a reasonable basis for
believing occurred within the scope of Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission did not result
from the intentional or willful or wanton misconduct of that person.
SECTION 11. COORDINATED DATABASE.
(A) The Commission shall provide for the development and maintenance of a
coordinated database and reporting system containing licensure, adverse action, and
significant investigatory information on all licensed individuals in member states.
(B) Notwithstanding any other provision of state law to the contrary, a
member state shall submit a uniform data set to the coordinated database on all
individuals to whom this Compact is applicable as required by the rules of the
Commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Significant investigatory information;
(4) Adverse actions against an individual's license;
(5) An indicator that an individual's privilege to practice is restricted,
suspended or revoked;
(6) Non-confidential information related to alternative program
participation;
(7) Any denial of application for licensure, and the reason(s) for such
denial; and
(8) Other information that may facilitate the administration of this
Compact, as determined by the rules of the Commission.
(C) The coordinated database administrator shall promptly notify all member
states of any adverse action taken against, or significant investigative information on,
any individual in a member state.
(D) Member states contributing information to the coordinated database may
designate information that may not be shared with the public without the express
permission of the contributing state.
(E) Any information submitted to the coordinated database that is
subsequently required to be expunged by the laws of the member state contributing the
information shall be removed from the coordinated database.
SECTION 12. RULEMAKING.
(A) The Commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this Section and the rules adopted thereunder. Rules and
amendments shall become binding as of the date specified in each rule or amendment.
(B) If a majority of the legislatures of the member states rejects a rule, by
enactment of a statute or resolution in the same manner used to adopt the Compact,
then such rule shall have no further force and effect in any member state.
(C) Rules or amendments to the rules shall be adopted at a regular or special
meeting of the Commission.
(D) Prior to promulgation and adoption of a final rule or rules by the
Commission, and at least sixty (60) days in advance of the meeting at which the rule
will be considered and voted upon, the Commission shall file a Notice of Proposed
Rulemaking:
(1) On the website of the Commission; and
(2) On the website of each member state EMS authority or the
publication in which each state would otherwise publish proposed rules.
(E) The Notice of Proposed Rulemaking shall include:
(1) The proposed time, date, and location of the meeting in which the
rule will be considered and voted upon;
(2) The text of the proposed rule or amendment and the reason for the
proposed rule;
(3) A request for comments on the proposed rule from any interested
person; and
(4) The manner in which interested persons may submit notice to the
Commission of their intention to attend the public hearing and any written comments.
(F) Prior to adoption of a proposed rule, the Commission shall allow persons
to submit written data, facts, opinions, and arguments, which shall be made available
to the public.
(G) The Commission shall grant an opportunity for a public hearing before it
adopts a rule or amendment if a hearing is requested by:
(1) At least twenty-five (25) persons;
(2) A governmental subdivision or agency; or
(3) An association having at least twenty-five (25) members.
(H) If a hearing is held on the proposed rule or amendment, the Commission
shall publish the place, time, and date of the scheduled public hearing.
(1) All persons wishing to be heard at the hearing shall notify the
executive director of the Commission or other designated member in writing of their
desire to appear and testify at the hearing not less than five (5) business days before
the scheduled date of the hearing.
(2) Hearings shall be conducted in a manner providing each person
who wishes to comment a fair and reasonable opportunity to comment orally or in
writing.
(3) No transcript of the hearing is required, unless a written request for
a transcript is made, in which case the person requesting the transcript shall bear the
cost of producing the transcript. A recording may be made in lieu of a transcript under
the same terms and conditions as a transcript. This subsection shall not preclude the
Commission from making a transcript or recording of the hearing if it so chooses.
(4) Nothing in this section shall be construed as requiring a separate
hearing on each rule. Rules may be grouped for the convenience of the Commission at
hearings required by this section.
(I) Following the scheduled hearing date, or by the close of business on the
scheduled hearing date if the hearing was not held, the Commission shall consider all
written and oral comments received.
(J) The Commission shall, by majority vote of all members, take final action
on the proposed rule and shall determine the effective date of the rule, if any, based on
the rulemaking record and the full text of the rule.
(K) If no written notice of intent to attend the public hearing by interested
parties is received, the Commission may proceed with promulgation of the proposed
rule without a public hearing.
(L) Upon determination that an emergency exists, the Commission may
consider and adopt an emergency rule without prior notice, opportunity for comment,
or hearing, provided that the usual rulemaking procedures provided in the Compact
and in this section shall be retroactively applied to the rule as soon as reasonably
possible, in no event later than ninety (90) days after the effective date of the rule. For
the purposes of this provision, an emergency rule is one that must be adopted
immediately in order to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of Commission or member state funds;
(3) Meet a deadline for the promulgation of an administrative rule that
is established by federal law or rule; or
(4) Protect public health and safety.
(M) The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted rule or amendment for purposes of correcting
typographical errors, errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the website of the Commission. The
revision shall be subject to challenge by any person for a period of thirty (30) days
after posting. The revision may be challenged only on grounds that the revision results
in a material change to a rule. A challenge shall be made in writing, and delivered to
the chair of the Commission prior to the end of the notice period. If no challenge is
made, the revision will take effect without further action. If the revision is challenged,
the revision may not take effect without the approval of the Commission.
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.
(A) Oversight.
(1) The executive, legislative, and judicial branches of state
government in each member state shall enforce this Compact and take all actions
necessary and appropriate to effectuate the Compact's purposes and intent. The
provisions of this Compact and the rules promulgated hereunder shall have standing as
statutory law.
(2) All courts shall take judicial notice of the Compact and the rules in
any judicial or administrative proceeding in a member state pertaining to the subject
matter of this Compact which may affect the powers, responsibilities or actions of the
Commission.
(3) The Commission shall be entitled to receive service of process in
any such proceeding, and shall have standing to intervene in such a proceeding for all
purposes. Failure to provide service of process to the Commission shall render a
judgment or order void as to the Commission, this Compact, or promulgated rules.
(B) Default, Technical Assistance, and Termination.
(1) If the Commission determines that a member state has defaulted in
the performance of its obligations or responsibilities under this Compact or the
promulgated rules, the Commission shall:
(a) Provide written notice to the defaulting state and other
member states of the nature of the default, the proposed means of curing the
default and/or any other action to be taken by the Commission; and
(b) Provide remedial training and specific technical assistance
regarding the default.
(2) If a state in default fails to cure the default, the defaulting state may
be terminated from the Compact upon an affirmative vote of a majority of the member
states, and all rights, privileges and benefits conferred by this Compact may be
terminated on the effective date of termination. A cure of the default does not relieve
the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in the Compact shall be imposed only
after all other means of securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the Commission to the governor, the majority
and minority leaders of the defaulting state's legislature, and each of the member
states.
(4) A state that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination, including
obligations that extend beyond the effective date of termination.
(5) The Commission shall not bear any costs related to a state that is
found to be in default or that has been terminated from the Compact, unless agreed
upon in writing between the Commission and the defaulting state.
(6) The defaulting state may appeal the action of the Commission by
petitioning the U.S. District Court for the District of Columbia or the federal district
where the Commission has its principal offices. The prevailing member shall be
awarded all costs of such litigation, including reasonable attorney's fees.
(C) Dispute Resolution.
(1) Upon request by a member state, the Commission shall attempt to
resolve disputes related to the Compact that arise among member states and between
member and non-member states.
(2) The Commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes as appropriate.
(D) Enforcement.
(1) The Commission, in the reasonable exercise of its discretion, shall
enforce the provisions and rules of this Compact.
(2) By majority vote, the Commission may initiate legal action in the
United States District Court for the District of Columbia or the federal district where
the Commission has its principal offices against a member state in default to enforce
compliance with the provisions of the Compact and its promulgated rules and bylaws.
The relief sought may include both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing member shall be awarded all costs of such
litigation, including reasonable attorney's fees.
(3) The remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies available under federal
or state law.
SECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES, WITHDRAWAL,
AND AMENDMENT.
(A) The Compact shall come into effect on the date on which the Compact
statute is enacted into law in the tenth member state. The provisions, which become
effective at that time, shall be limited to the powers granted to the Commission
relating to assembly and the promulgation of rules. Thereafter, the Commission shall
meet and exercise rulemaking powers necessary to the implementation and
administration of the Compact.
(B) Any state that joins the Compact subsequent to the Commission's initial
adoption of the rules shall be subject to the rules as they exist on the date on which the
Compact becomes law in that state. Any rule that has been previously adopted by the
Commission shall have the full force and effect of law on the day the Compact
becomes law in that state.
(C) Any member state may withdraw from this Compact by enacting a statute
repealing the same.
(1) A member state's withdrawal shall not take effect until six (6)
months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the
withdrawing state's EMS authority to comply with the investigative and adverse action
reporting requirements of this act prior to the effective date of withdrawal.
(D) Nothing contained in this Compact shall be construed to invalidate or
prevent any EMS personnel licensure agreement or other cooperative arrangement
between a member state and a non-member state that does not conflict with the
provisions of this Compact.
(E) This Compact may be amended by the member states. No amendment to
this Compact shall become effective and binding upon any member state until it is
enacted into the laws of all member states.
SECTION 15. CONSTRUCTION AND SEVERABILITY.
This Compact shall be liberally construed so as to effectuate the purposes
thereof. If this Compact shall be held contrary to the constitution of any state member
thereto, the Compact shall remain in full force and effect as to the remaining member
states. Nothing in this Compact supersedes state law or rules related to licensure of
EMS agencies.
* Sec. 30. AS 21.36.090(d) is amended to read:
(d) Except to the extent necessary to comply with AS 21.42.365 and
AS 21.56, a person may not practice or permit unfair discrimination against a person
who provides a service covered under a group health insurance policy that extends
coverage on an expense incurred basis, or under a group service or indemnity type
contract issued by a health maintenance organization or a nonprofit corporation, if the
service is within the scope of the provider's occupational license. In this subsection,
"provider" means a state licensed physician, physician assistant, dentist, osteopath,
optometrist, chiropractor, advanced practice registered nurse, pharmacist, naturopath,
respiratory care practitioner, physical therapist, occupational therapist, marital and
family therapist, psychologist, psychological associate, licensed clinical social worker,
licensed professional counselor, licensed associate counselor, certified direct-entry
midwife, or dental hygienist holding an advanced practice permit.
* Sec. 31. AS 44.29 is amended by adding new sections to read:
Article 5A. Rural Health Transformation Program.
Sec. 44.29.410. Rural Health Transformation Program Advisory Council.
(a) The Rural Health Transformation Program Advisory Council is established in the
department.
(b) The council consists of eight members as follows:
(1) the deputy commissioner of health, or the deputy commissioner of
health's designee, who shall serve as the chair and is a nonvoting member;
(2) one member who represents a tribal health organization or
consortium, appointed by the governor; in this paragraph, "tribal health organization"
means an organization recognized by the United States Indian Health Service to
provide health-related services;
(3) one member who represents a federally qualified health center or
professional organization for federally qualified health centers, appointed by the
governor; in this paragraph, "federally qualified health center" has the meaning given
in 42 U.S.C. 1396d(l)(2)(B);
(4) one member who represents a hospital or professional organization
for hospitals, appointed by the governor;
(5) one member who represents a local government, appointed by the
governor;
(6) one member who represents the Alaska Mental Health Trust
Authority, appointed by the governor;
(7) one member of the house of representatives, appointed by the
speaker of the house; and
(8) one member of the senate, appointed by the president of the senate.
(c) In addition to the qualifications required under (b)(2) - (6) of this section,
the governor shall appoint members under (b)(2) - (6) of this section
(1) based on interest in public affairs, good judgment, knowledge, and
ability in the field of action of the council;
(2) with a view to providing diversity of interest and points of view in
the membership;
(3) without consideration of political affiliation; and
(4) so that the members appointed under (b)(2) - (6) of this section
collectively represent each judicial district.
(d) A member of the council serves at the pleasure of the appointing authority
of the member.
(e) Members of the council are not entitled to compensation or per diem and
travel expenses authorized under AS 39.20.180.
(f) The council shall meet in person, telephonically, or by electronic means at
least biannually.
(g) The council shall advise the department on the state's participation in the
rural health transformation program.
(h) The council may adopt bylaws for the operation of the council.
Sec. 44.29.420. Department duties. (a) The department shall
(1) establish specific criteria for scoring grant applications;
(2) publish on the department's Internet website
(A) the state's application for the rural health transformation
program, changes to the application, and the state's approved application;
(B) the criteria established under (1) of this subsection;
(C) annual updates on the grant applications the state receives,
the application scores, the grants awarded, how the awarded grants are being
used by grantees, and the progress of each grantee in achieving the goals
identified in the grantee's application; and
(D) annual updates on all state projects funded with money
received by the state under the rural health transformation program; and
(3) by the first day of each regular session of the legislature, deliver
copies of the reports the department submitted to the federal government in the
previous year under the rural health transformation program to the senate secretary
and the chief clerk of the house of representatives and notify the legislature that the
reports are available.
(b) The department may use funds received by the state under the rural health
transformation program to award grants. The department shall award grants in a
manner that addresses the initiatives identified in the state's approved application.
Sec. 44.29.450. Definitions. In AS 44.29.410 - 44.29.450,
(1) "approved application" means an application to participate in the
rural health transformation program that has been approved by the federal
government;
(2) "council" means the Rural Health Transformation Program
Advisory Council;
(3) "department" means the Department of Health;
(4) "rural health transformation program" means the program
authorized under 42 U.S.C. 1397ee(h).
* Sec. 32. AS 44.29.410, 44.29.420, and 44.29.450 are repealed December 31, 2031.
* Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to
read:
TRANSITION: QUALIFICATIONS. Notwithstanding the licensing requirements of
AS 08.90.010 and 08.90.020, enacted by sec. 14 of this Act, a person who, on the day before
the effective date of sec. 14 of this Act, is engaged in the practice of respiratory care and is
qualified to perform acts within the scope of practice of respiratory care, may continue to
perform those acts without a license issued under AS 08.90 by the Department of Commerce,
Community, and Economic Development for a period not to exceed one year after the
effective date of sec. 14 of this Act.
* Sec. 34. Sections 1 - 3, 14 - 24, 26, 27, 30, and 33 of this Act take effect January 1, 2027.Every fact on this page links to its source, starting with the official bill record.