Health occupations: physician's assistants; physician's assistants licensure compact; provide for, the official text

Act No. 45

Public Acts of 2026

Approved by the Governor

July 21, 2026

Filed with the Secretary of State

July 22, 2026

EFFECTIVE
DATE: October 20, 2026

state of michigan

103rd Legislature

Regular session of 2026

Introduced by Reps. Prestin, Bohnak, Markkanen, Roth,
Fox, Beson, DeBoer, Grant, Slagh, Johnsen, Fairbairn, Martin, BeGole,
Alexander, Glanville, Brixie, Longjohn, Schmaltz and VanderWall

ENROLLED HOUSE BILL No. 4309

AN ACT to amend 1978 PA 368,
entitled “An act to protect and promote the public health; to codify, revise,
consolidate, classify, and add to the laws relating to public health; to
provide for the prevention and control of diseases and disabilities; to provide
for the classification, administration, regulation, financing, and maintenance
of personal, environmental, and other health services and activities; to create
or continue, and prescribe the powers and duties of, departments, boards,
commissions, councils, committees, task forces, and other agencies; to
prescribe the powers and duties of governmental entities and officials; to
regulate occupations, facilities, and agencies affecting the public health; to
regulate health maintenance organizations and certain third party
administrators and insurers; to provide for the imposition of a regulatory fee;
to provide for the levy of taxes against certain health facilities or agencies;
to promote the efficient and economical delivery of health care services, to
provide for the appropriate utilization of health care facilities and services,
and to provide for the closure of hospitals or consolidation of hospitals or
services; to provide for the collection and use of data and information; to
provide for the transfer of property; to provide certain immunity from
liability; to regulate and prohibit the sale and offering for sale of drug
paraphernalia under certain circumstances; to provide for the implementation of
federal law; to provide for penalties and remedies; to provide for sanctions
for violations of this act and local ordinances; to provide for an
appropriation and supplements; to repeal certain acts and parts of acts; to
repeal certain parts of this act; and to repeal certain parts of this act on
specific dates,” by amending sections 16337 and 18001 (MCL 333.16337 and
333.18001), section 16337 as amended by 2006 PA 161 and section 18001 as
amended by 2018 PA 355, and by adding sections 16187d, 17011b, 17061a, 17511b,
and 18011b.

The People of the State of
Michigan enact:

Sec. 16187d. (1) The PA licensure
compact is enacted into law and entered into by this state as a party state
with all other jurisdictions that legally join in the compact, in the form
substantially as follows:

PA Licensure Compact

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 guilt
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 CFR 20.3(d), from the State’s criminal history record repository as defined
in 28 CFR 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” means
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 Subsection A 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 Subsection
B.1 and 2, the Licensee must meet the requirements of Subsection A 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 paragraph 2, 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 subsection 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 not 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 subsection L, 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 United States 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
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 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 subsection B 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.

(2)
Subsection (1) may be referred to as the “PA licensure compact”.

Sec.
16337. (1) Fees for an individual licensed or seeking licensure to engage in
practice as a physician’s assistant under part 170, part 175, or part 180 are
as follows:

(a)

Application processing fee

$

30.00

(b)

License fee, per year

50.00

(c)

Temporary license

35.00

(d)

Limited license, per year

25.00

(2) In addition to the fees required under subsection (1) and
any fee charged by the compact commission for a compact privilege under the PA
licensure compact enacted in section 16187d, this state’s fee for an individual
seeking to hold a compact privilege in this state under the PA licensure
compact is $50.00 per year.

Sec. 17011b. (1) An individual who holds a compact privilege under the
PA licensure compact is authorized to engage in the practice as a physician’s
assistant under this article.

(2) For purposes of this article, including the obligations
of an individual who is licensed to engage in the practice as a physician’s
assistant, an individual who holds a compact privilege under the PA licensure
compact is considered a physician’s assistant who is licensed under this part.

(3) This section does not apply until 12 months after the
implementation of the data system under the PA licensure compact.

(4) As used in this section, “PA licensure compact” means the
PA licensure compact enacted in section 16187d.

Sec. 17061a. The task force shall select the director to act as this
state’s delegate for purposes of the PA licensure compact enacted in
section 16187d.

Sec. 17511b. (1) An individual who holds a compact privilege under the
PA licensure compact is authorized to engage in the practice as a physician’s
assistant under this article.

(2) For purposes of this article, including the obligations
of an individual who is licensed to engage in the practice as a physician’s
assistant, an individual who holds a compact privilege under the PA licensure
compact is considered a physician’s assistant who is licensed under this part.

(3) This section does not apply until 12 months after the
implementation of the data system under the PA licensure compact.

(4) As used in this section, “PA licensure compact” means the
PA licensure compact enacted in section 16187d.

Sec.
18001. (1) As used in this part:

(a) “Medical care services” means those services within the
scope of practice of podiatric physicians licensed by the board, except those
services that the board prohibits or otherwise restricts within a practice
agreement or determines shall not be delegated by a podiatric physician without
endangering the health and safety of patients as provided for in section 18048.

(b) “Participating podiatrist” means a podiatric physician or
a podiatric physician designated by a group of podiatric physicians under
section 18049 to represent that group.

(c) “Podiatric physician” or “podiatrist” means an individual
who is licensed under this article to engage in the practice of podiatric
medicine and podiatric surgery.

(d) “Practice agreement” means an agreement described in
section 18047.

(e) “Practice as a physician’s assistant” means the practice
of podiatric medicine and podiatric surgery with a participating podiatrist
under a practice agreement.

(f) Except as otherwise provided in subdivision (g), “practice
of podiatric medicine and podiatric surgery” or “practice of podiatry” means
any of the following:

(i) The evaluation, diagnosis, management,
and prevention of conditions of the lower extremities, including local
manifestations of systemic disease in the human foot and ankle, by attending to
and advising patients and through the use of devices, diagnostic tests, drugs
and biologicals, surgical procedures, or other means. The evaluation,
diagnosis, management, and prevention of conditions of the lower extremities
may include osseous and soft tissue procedures that address the pathology of
the foot, ankle, and the contiguous attachments below the tibial tuberosity.

(ii) The treatment of ulcerations below the
tibial tuberosity and of human nail diseases, callosities, and verruca.

(g) “Practice of podiatric medicine and podiatric surgery”
does not include amputations proximal to the tibiotalar joint, proximal osseous
procedures that do not involve the tibiotalar joint, or the administration of
intravenous sedation or general anesthesia.

(h) “Task force” means the joint task force created in
section 17025.

(2) In addition to the definitions in this part, article 1
contains general definitions and principles of construction applicable to all
articles in this code and part 161 contains definitions applicable to this
part.

Sec. 18011b. (1) An individual who holds a compact privilege under the
PA licensure compact is authorized to engage in the practice as a physician’s
assistant under this article.

(2) For purposes of this article, including the obligations
of an individual who is licensed to engage in the practice as a physician’s
assistant, an individual who holds a compact privilege under the PA licensure
compact is considered a physician’s assistant who is licensed under this part.

(3) This section does not apply until 12 months after the
implementation of the data system under the PA licensure compact.

(4) As used in this section, “PA licensure compact” means the
PA licensure compact enacted in section 16187d.

Enacting
section 1. This amendatory act takes effect 90 days after the date it is
enacted into law.

This act is ordered to take
immediate effect.

Clerk of the House of
Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor