S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8172
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 27, 2023
                                ___________
 
 Introduced by M. of A. MILLER -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law, in relation to adopting the PA licen-
   sure compact
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section 6546-a
 to read as follows:
   § 6546-A. PA LICENSURE COMPACT. THE PA  LICENSURE  COMPACT  IS  HEREBY
 ENTERED  INTO  AND ENACTED INTO LAW WITH ALL JURISDICTIONS LEGAL JOINING
 THEREIN, 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 ENCOUNT-
 ER, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11355-02-3
              

 A. 8172                             2
 
 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,  REVO-
 CATION,   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 GUIL-
 TY 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 INFORMA-
 TION, 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  A  HEALTH  RELATED  CONDITION THAT IMPACT THEIR ABILITY TO
 PRACTICE.
   H. "INVESTIGATIVE INFORMATION" MEANS INFORMATION,  RECORDS,  OR  DOCU-
 MENTS RECEIVED OR GENERATED BY A LICENSING BOARD PURSUANT TO AN INVESTI-
 GATION.
   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.
 A. 8172                             3
 
   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 INFOR-
 MATION 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  INFOR-
 MATION 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 CHARG-
 ING 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 REGISTRA-
 TION 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.
 A. 8172                             4
 
   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-PARTI-
 CIPATING 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, INCLUD-
 ING 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
 A. 8172                             5
 
 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  INVESTI-
 GATION 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  PARTIC-
 IPATING  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
 A. 8172                             6
 
 THE COMPACT STATES ACTING JOINTLY AND NOT AN INSTRUMENTALITY OF ANY  ONE
 STATE.  THE  COMMISSION SHALL COME INTO EXISTENCE ON OR AFTER THE EFFEC-
 TIVE 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) DELE-
 GATE  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 TELE-
 COMMUNICATIONS, 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  DELEG-
 ATES.
   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
 A. 8172                             7
 
 MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY APPEAR-
 ANCE 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 REGU-
 LATION 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, 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 COMMIS-
 SION'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
 NONPUBLIC 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,  PRAC-
 TICES  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
 A. 8172                             8
 
 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 PARTIC-
 IPATING 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 CERTI-
 FY 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 LICEN-
 SEES  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 ANNU-
 AL  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  EXPIRA-
 TION, 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 COMMIS-
 SION.
   F. THE EXECUTIVE COMMITTEE:
 A. 8172                             9
 
   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  ORGAN-
 IZATIONS.
   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 RESPON-
 SIBILITIES:
   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 REPRESEN-
 TATIVES 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
 A. 8172                            10
 
 INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT PERSON. THE PROCURE-
 MENT  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 DIREC-
 TOR, 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  EMPLOY-
 MENT,  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, OFFI-
 CER, 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 RESPONSI-
 BILITIES, OR THAT SUCH PERSON  HAD  A  REASONABLE  BASIS  FOR  BELIEVING
 OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
 BILITIES,  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 COMMIS-
 SION 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 JURIS-
 DICTION 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 ANTICOMPET-
 ITIVE LAW OR REGULATION.
   8. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A WAIVER OF SOVER-
 EIGN 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  APPLI-
 CANTS DENIED A LICENSE IN PARTICIPATING STATES.
   B.  NOTWITHSTANDING ANY OTHER STATE LAW TO THE CONTRARY, A PARTICIPAT-
 ING 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;
 A. 8172                            11
 
   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 INFORMA-
 TION 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 INFORMA-
 TION 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 INFORMA-
 TION 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 ASSOCI-
 ATED 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 EFFEC-
 TIVELY 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 ESTAB-
 LISH THE MEDICAL SERVICES A PA MAY PERFORM IN THE  PARTICIPATING  STATE,
 AS  HELD  BY A COURT OF COMPETENT JURISDICTION, THE RULES OF THE COMMIS-
 SION 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.
 A. 8172                            12
 
   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 PLAT-
 FORM; 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
 A. 8172                            13
 
 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 CONSISTEN-
 CY, OR GRAMMATICAL ERRORS. PUBLIC NOTICE OF ANY REVISIONS SHALL BE POST-
 ED 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 COMMIS-
 SION 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
 A. 8172                            14
 
 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  ASSESS-
 MENTS,  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 PARTICIPAT-
 ING 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
 A. 8172                            15

 DAMAGES.  IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY, THE PREVAILING
 PARTY  SHALL  BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUDING REASON-
 ABLE 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 COMMIS-
 SION 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 COMMIS-
 SION.
   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 MATE-
 RIALLY 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 PARTICIPAT-
 ING 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  PARTIC-
 IPATION IN THE COMPACT.
   3.  ALL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION OR IN FURTHER-
 ANCE 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 COMMIS-
 SION'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.
 A. 8172                            16
 
 DURING THIS ONE HUNDRED EIGHTY (180)-DAY PERIOD, ALL COMPACT  PRIVILEGES
 THAT  WERE IN EFFECT IN THE WITHDRAWING STATE AND WERE GRANTED TO LICEN-
 SEES 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 PRIVI-
 LEGES 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  INVESTI-
 GATIVE,  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 CONTIN-
 UE 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  AMEND-
 MENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON ANY PARTIC-
 IPATING 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  IMPLEMEN-
 TATION  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, AGEN-
 CY, 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  PARTIC-
 IPATION  IN THE COMPACT, IF IT DETERMINES THAT A CONSTITUTIONAL REQUIRE-
 MENT 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. 8172                            17
 
   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. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately.