An Act to Add the State of Maine to the Compact for Licensing Physician Assistants
Maine Legislature, Session 131, LD 2043
Committee: Health Coverage, Insurance and Financial Services
Sponsors: CLOUTIER, DAUGHTRY, BRENNAN, CLUCHEY, DODGE, MORRIS, MURPHY, JACKSON, STEWART, VITELLI

Legislative Document
No. 2043
H.P. 1305
House of Representatives, December 13, 2023
An Act to Add the State of Maine to the Compact for Licensing 
Physician Assistants
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 11, 2023.  Referred to the Committee on 
Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered 
printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative CLOUTIER of Lewiston.
Cosponsored by Senator DAUGHTRY of Cumberland and
Representatives: BRENNAN of Portland, CLUCHEY of Bowdoinham, DODGE of Belfast, 
MORRIS of Turner, MURPHY of Scarborough, Senators: President JACKSON of Aroostook, 
STEWART of Aroostook, VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
CONCEPT DRAFT
SUMMARY
This bill is a concept draft pursuant to Joint Rule 208.
This bill proposes to enact the PA Licensure Compact to increase the availability of 
medical services provided by physician assistants by mutual recognition of a physician 
assistant's qualifying license by other states participating in the compact. This compact also 
would adopt the prevailing standard for physician assistant licensure and affirms that the 
practice and delivery of medical services by the physician assistant occurs where the patient 
is located at the time of the patient encounter, placing the physician assistant under the 
jurisdiction of the state licensing board where the patient is located. A state licensing board 
that participates in this compact would retain jurisdiction to impose adverse action against 
the authorization provided under the compact in that state and issued to a physician assistant 
through the procedures of the compact. The compact would alleviate burdens for military 
families by allowing active duty military personnel and their spouses to obtain 
authorization to provide medical services as long as those persons have an unrestricted 
license in good standing from a state participating in the compact.
The verbatim text of the PA Licensure Compact, which has not been edited to make 
necessary, nonsubstantive changes to conform to Maine legislative drafting standards, 
reads 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 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 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 meeting 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 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 subsection B or this section, the Commission may deny a State's 
participation in the Compact or, in accordance with the requirements of 
Section10.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.