HB 1961 — An Act authorizing the Commonwealth of Pennsylvania to join the PA Licensure Compact; providing for the form of the compact; and imposing additional powers and duties on the Governor, the Secretary of the Commonwealth and the PA Licensure Compact.

PRINTER'S NO.   2470

                    THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        HOUSE BILL
                        No. 1961
                                              Session of
                                                2025

     INTRODUCED BY MERSKI, BURNS, HILL-EVANS, HARKINS, KENYATTA,
        FRANKEL, HOHENSTEIN, SANCHEZ, SHUSTERMAN AND CURRY,
        OCTOBER 17, 2025

     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
        OCTOBER 17, 2025


                                   AN ACT
 1   Authorizing the Commonwealth of Pennsylvania to join the PA
 2      Licensure Compact; providing for the form of the compact; and
 3      imposing additional powers and duties on the Governor, the
 4      Secretary of the Commonwealth and the PA Licensure Compact.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7   Section 1.   Short title.
 8      This act shall be known and may be cited as the PA Licensure
 9   Compact Act.
10   Section 2.   Authority to execute compact.
11      The Governor of Pennsylvania, on behalf of this State, is
12   hereby authorized to execute a compact in substantially the
13   following form with any one or more of the states of the United
14   States and the General Assembly hereby signifies in advance its
15   approval and ratification of such compact:
16                          PA LICENSURE COMPACT
17   Section 1.   Purpose
18      In order to strengthen access to Medical Services, and in
 1   recognition of the advances in the delivery of Medical Services,
 2   the Participating States of the PA Licensure Compact have allied
 3   in common purpose to develop a comprehensive process that
 4   complements the existing authority of State Licensing Boards to
 5   license and discipline PAs and seeks to enhance the portability
 6   of a License to practice as a PA while safeguarding the safety
 7   of patients. This Compact allows Medical Services to be provided
 8   by PAs, via the mutual recognition of the Licensee's Qualifying
 9   License by other Compact Participating States. This Compact also
10   adopts the prevailing standard for PA licensure and affirms that
11   the practice and delivery of Medical Services by the PA occurs
12   where the patient is located at the time of the patient
13   encounter, and therefore requires the PA to be under the
14   jurisdiction of the State Licensing Board where the patient is
15   located. State Licensing Boards that participate in this Compact
16   retain the jurisdiction to impose Adverse Action against a
17   Compact Privilege in that State issued to a PA through the
18   procedures of this Compact. The PA Licensure Compact will
19   alleviate burdens for military families by allowing active duty
20   military personnel and their spouses to obtain a Compact
21   Privilege based on having an unrestricted License in good
22   standing from a Participating State.
23   Section 2.   Definitions
24      In this Compact:
25      A.   "Adverse Action" means any administrative, civil,
26   equitable, or criminal action permitted by a State's laws which
27   is imposed by a Licensing Board or other authority against a PA
28   License or License application or Compact Privilege such as
29   License denial, censure, revocation, suspension, probation,
30   monitoring of the Licensee, or restriction on the Licensee's

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 1   practice.
 2      B.    "Compact Privilege" means the authorization granted by a
 3   Remote State to allow a Licensee from another Participating
 4   State to practice as a PA to provide Medical Services and other
 5   licensed activity to a patient located in the Remote State under
 6   the Remote State's laws and regulations.
 7      C.    "Conviction" means a finding by a court that an
 8   individual is guilty of a felony or misdemeanor offense through
 9   adjudication or entry of a plea of guilt or no contest to the
10   charge by the offender
11      D.    "Criminal Background Check" means the submission of
12   fingerprints or other biometric-based information for a License
13   applicant for the purpose of obtaining that applicant's criminal
14   history record information, as defined in 28 C.F.R. § 20.3(d),
15   from the State's criminal history record repository as defined
16   in 28 C.F.R. § 20.3(f).
17      E.    "Data System" means the repository of information about
18   Licensees, including but not limited to License status and
19   Adverse Actions, which is created and administered under the
20   terms of this Compact.
21      F.    "Executive Committee" means a group of directors and ex-
22   officio individuals elected or appointed pursuant to Section
23   7.F.2.
24      G.    "Impaired Practitioner" means a PA whose practice is
25   adversely affected by health-related condition(s) that impact
26   their ability to practice.
27      H.    "Investigative Information" means information, records,
28   or documents received or generated by a Licensing Board pursuant
29   to an investigation.
30      I.    "Jurisprudence Requirement" means the assessment of an

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 1   individual's knowledge of the laws and Rules governing the
 2   practice of a PA in a State.
 3      J.   "License" means current authorization by a State, other
 4   than authorization pursuant to a Compact Privilege, for a PA to
 5   provide Medical Services, which would be unlawful without
 6   current authorization.
 7      K.   "Licensee" means an individual who holds a License from a
 8   State to provide Medical Services as a PA.
 9      L.   "Licensing Board" means any State entity authorized to
10   license and otherwise regulate PAs.
11      M.   "Medical Services" means health care services provided
12   for the diagnosis, prevention, treatment, cure or relief of a
13   health condition, injury, or disease, as defined by a State's
14   laws and regulations.
15      N.   "Model Compact" means the model for the PA Licensure
16   Compact on file with The Council of State Governments or other
17   entity as designated by the Commission.
18      O.   "Participating State" means a State that has enacted this
19   Compact.
20      P.   "PA" means an individual who is licensed as a physician
21   assistant in a State. For purposes of this Compact, any other
22   title or status adopted by a State to replace the term
23   "physician assistant" shall be deemed synonymous with "physician
24   assistant" and shall confer the same rights and responsibilities
25   to the Licensee under the provisions of this Compact at the time
26   of its enactment.
27      Q.   "PA Licensure Compact Commission," "Compact Commission,"
28   or "Commission" mean the national administrative body created
29   pursuant to Section 7.A of this Compact.
30      R.   "Qualifying License" means an unrestricted License issued

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 1   by a Participating State to provide Medical Services as a PA.
 2      S.    "Remote State" means a Participating State where a
 3   Licensee who is not licensed as a PA is exercising or seeking to
 4   exercise the Compact Privilege.
 5      T.    "Rule" means a regulation promulgated by an entity that
 6   has the force and effect of law.
 7      U.    "Significant Investigative Information" means
 8   Investigative Information that a Licensing Board, after an
 9   inquiry or investigation that includes notification and an
10   opportunity for the PA to respond if required by State law, has
11   reason to believe is not groundless and, if proven true, would
12   indicate more than a minor infraction.
13      V.    "State" means any state, commonwealth, district, or
14   territory of the United States.
15   Section 3.    State Participation in this Compact
16      A.    To participate in this Compact, a Participating State
17   shall:
18            1.   License PAs.
19            2.   Participate in the Compact Commission's Data System.
20            3.   Have a mechanism in place for receiving and
21      investigating complaints against Licensees and License
22      applicants.
23            4.   Notify the Commission, in compliance with the terms
24      of this Compact and Commission Rules, of any Adverse Action
25      against a Licensee or License applicant and the existence of
26      Significant Investigative Information regarding a Licensee or
27      License applicant.
28            5.   Fully implement a Criminal Background Check
29      requirement, within a time frame established by Commission
30      Rule, by its Licensing Board receiving the results of a

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 1      Criminal Background Check and reporting to the Commission
 2      whether the License applicant has been granted a License.
 3           6.   Comply with the Rules of the Compact Commission.
 4           7.   Utilize passage of a recognized national exam such as
 5      the NCCPA PANCE as a requirement for PA licensure.
 6           8.   Grant the Compact Privilege to a holder of a
 7      Qualifying License in a Participating State.
 8      B.   Nothing in this Compact prohibits a Participating State
 9   from charging a fee for granting the Compact Privilege.
10   Section 4.   Compact Privilege
11      A.   To exercise the Compact Privilege, a Licensee must:
12           1.   Have graduated from a PA program accredited by the
13      Accreditation Review Commission on Education for the
14      Physician Assistant, Inc. or other programs authorized by
15      Commission Rule.
16           2.   Hold current NCCPA certification.
17           3.   Have no felony or misdemeanor Conviction.
18           4.   Have never had a controlled substance license,
19      permit, or registration suspended or revoked by a State or by
20      the United States Drug Enforcement Administration.
21           5.   Have a unique identifier as determined by Commission
22      Rule.
23           6.   Hold a Qualifying License.
24           7.   Have had no revocation of a License or limitation or
25      restriction on any License currently held due to an adverse
26      action.
27           8.   If a Licensee has had a limitation or restriction on
28      a License or Compact Privilege due to an Adverse Action, two
29      years must have elapsed from the date on which the License or
30      Compact Privilege is no longer limited or restricted due to

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 1      the Adverse Action.
 2            9.    If a Compact Privilege has been revoked or is limited
 3      or restricted in a Participating State for conduct that would
 4      not be a basis for disciplinary action in a Participating
 5      State in which the Licensee is practicing or applying to
 6      practice under a Compact Privilege, that Participating State
 7      shall have the discretion not to consider such action as an
 8      Adverse Action requiring the denial or removal of a Compact
 9      Privilege in that State.
10            10.   Notify the Compact Commission that the Licensee is
11      seeking the Compact Privilege in a Remote State.
12            11.   Meet any Jurisprudence Requirement of a Remote State
13      in which the Licensee is seeking to practice under the
14      Compact Privilege and pay any fees applicable to satisfying
15      the Jurisprudence Requirement.
16            12.   Report to the Commission any Adverse Action taken by
17      a non-participating State within thirty (30) days after the
18      action is taken.
19      B.    The Compact Privilege is valid until the expiration or
20   revocation of the Qualifying License unless terminated pursuant
21   to an Adverse Action. The Licensee must also comply with all of
22   the requirements of Subsection A above to maintain the Compact
23   Privilege in a Remote State. If the Participating State takes
24   Adverse Action against a Qualifying License, the Licensee shall
25   lose the Compact Privilege in any Remote State in which the
26   Licensee has a Compact Privilege until all of the following
27   occur:
28            1.    The License is no longer limited or restricted; and
29            2.    Two (2) years have elapsed from the date on which the
30      License is no longer limited or restricted due to the Adverse

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 1      Action.
 2      C.   Once a restricted or limited License satisfies the
 3   requirements of Subsection B.1 and 2, the Licensee must meet the
 4   requirements of Subsection A to obtain a Compact Privilege in
 5   any Remote State.
 6      D.   For each Remote State in which a PA seeks authority to
 7   prescribe controlled substances, the PA shall satisfy all
 8   requirements imposed by such State in granting or renewing such
 9   authority.
10   Section 5.   Designation of the State from Which Licensee is
11                Applying for a Compact Privilege
12      A.   Upon a Licensee's application for a Compact Privilege,
13   the Licensee shall identify to the Commission the Participating
14   State from which the Licensee is applying, in accordance with
15   applicable Rules adopted by the Commission, and subject to the
16   following requirements:
17           1.   When applying for a Compact Privilege, the Licensee
18      shall provide the Commission with the address of the
19      Licensee's primary residence and thereafter shall immediately
20      report to the Commission any change in the address of the
21      Licensee's primary residence.
22           2.   When applying for a Compact Privilege, the Licensee
23      is required to consent to accept service of process by mail
24      at the Licensee's primary residence on file with the
25      Commission with respect to any action brought against the
26      Licensee by the Commission or a Participating State,
27      including a subpoena, with respect to any action brought or
28      investigation conducted by the Commission or a Participating
29      State.
30   Section 6.   Adverse Actions

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 1      A.   A Participating State in which a Licensee is licensed
 2   shall have exclusive power to impose Adverse Action against the
 3   Qualifying License issued by that Participating State.
 4      B.   In addition to the other powers conferred by State law, a
 5   Remote State shall have the authority, in accordance with
 6   existing State due process law, to do all of the following:
 7           1.    Take Adverse Action against a PA's Compact Privilege
 8      within that State to remove a Licensee's Compact Privilege or
 9      take other action necessary under applicable law to protect
10      the health and safety of its citizens.
11           2.    Issue subpoenas for both hearings and investigations
12      that require the attendance and testimony of witnesses as
13      well as the production of evidence. Subpoenas issued by a
14      Licensing Board in a Participating State for the attendance
15      and testimony of witnesses or the production of evidence from
16      another Participating State shall be enforced in the latter
17      State by any court of competent jurisdiction, according to
18      the practice and procedure of that court applicable to
19      subpoenas issued in proceedings pending before it. The
20      issuing authority shall pay any witness fees, travel
21      expenses, mileage and other fees required by the service
22      statutes of the State in which the witnesses or evidence are
23      located.
24           3.    Notwithstanding paragraph 2, subpoenas may not be
25      issued by a Participating State to gather evidence of conduct
26      in another State that is lawful in that other State for the
27      purpose of taking Adverse Action against a Licensee's Compact
28      Privilege or application for a Compact Privilege in that
29      Participating State.
30           4.    Nothing in this Compact authorizes a Participating

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 1      State to impose discipline against a PA's Compact Privilege
 2      or to deny an application for a Compact Privilege in that
 3      Participating State for the individual's otherwise lawful
 4      practice in another State.
 5      C.   For purposes of taking Adverse Action, the Participating
 6   State which issued the Qualifying License shall give the same
 7   priority and effect to reported conduct received from any other
 8   Participating State as it would if the conduct had occurred
 9   within the Participating State which issued the Qualifying
10   License. In so doing, that Participating State shall apply its
11   own State laws to determine appropriate action.
12      D.   A Participating State, if otherwise permitted by State
13   law, may recover from the affected PA the costs of
14   investigations and disposition of cases resulting from any
15   Adverse Action taken against that PA.
16      E.   A Participating State may take Adverse Action based on
17   the factual findings of a Remote State, provided that the
18   Participating State follows its own procedures for taking the
19   Adverse Action.
20      F.   Joint Investigations
21           1.    In addition to the authority granted to a
22      Participating State by its respective State PA laws and
23      regulations or other applicable State law, any Participating
24      State may participate with other Participating States in
25      joint investigations of Licensees.
26           2.    Participating States shall share any investigative,
27      litigation, or compliance materials in furtherance of any
28      joint or individual investigation initiated under this
29      Compact.
30      G.   If an Adverse Action is taken against a PA's Qualifying

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 1   License, the PA's Compact Privilege in all Remote States shall
 2   be deactivated until two (2) years have elapsed after all
 3   restrictions have been removed from the State License. All
 4   disciplinary orders by the Participating State which issued the
 5   Qualifying License that impose Adverse Action against a PA's
 6   License shall include a Statement that the PA's Compact
 7   Privilege is deactivated in all Participating States during the
 8   pendency of the order.
 9      H.   If any Participating State takes Adverse Action, it
10   promptly shall notify the administrator of the Data System.
11   Section 7.   Establishment of the PA Licensure Compact Commission
12      A.   The Participating States hereby create and establish a
13   joint government agency and national administrative body known
14   as the PA Licensure Compact Commission. The Commission is an
15   instrumentality of the Compact States acting jointly and not an
16   instrumentality of any one State. The Commission shall come into
17   existence on or after the effective date of the Compact as set
18   forth in Section 11.A.
19      B.   Membership, Voting, and Meetings
20           1.   Each Participating State shall have and be limited to
21      one (1) delegate selected by that Participating State's
22      Licensing Board or, if the State has more than one Licensing
23      Board, selected collectively by the Participating State's
24      Licensing Boards.
25           2.   The delegate shall be either:
26                a.   A current PA, physician or public member of a
27           Licensing Board or PA Council/Committee; or
28                b.   An administrator of a Licensing Board.
29           3.   Any delegate may be removed or suspended from office
30      as provided by the laws of the State from which the delegate

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 1      is appointed.
 2             4.   The Participating State Licensing Board shall fill
 3      any vacancy occurring in the Commission within sixty (60)
 4      days.
 5             5.   Each delegate shall be entitled to one (1) vote on
 6      all matters voted on by the Commission and shall otherwise
 7      have an opportunity to participate in the business and
 8      affairs of the Commission. A delegate shall vote in person or
 9      by such other means as provided in the bylaws. The bylaws may
10      provide for delegates' participation in meetings by
11      telecommunications, video conference, or other means of
12      communication.
13             6.   The Commission shall meet at least once during each
14      calendar year. Additional meetings shall be held as set forth
15      in this Compact and the bylaws.
16             7.   The Commission shall establish by Rule a term of
17      office for delegates.
18      C.     The Commission shall have the following powers and
19   duties:
20             1.   Establish a code of ethics for the Commission;
21             2.   Establish the fiscal year of the Commission;
22             3.   Establish fees;
23             4.   Establish bylaws;
24             5.   Maintain its financial records in accordance with the
25      bylaws;
26             6.   Meet and take such actions as are consistent with the
27      provisions of this Compact and the bylaws;
28             7.   Promulgate Rules to facilitate and coordinate
29      implementation and administration of this Compact. The Rules
30      shall have the force and effect of law and shall be binding

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 1    in all Participating States;
 2        8.     Bring and prosecute legal proceedings or actions in
 3    the name of the Commission, provided that the standing of any
 4    State Licensing Board to sue or be sued under applicable law
 5    shall not be affected;
 6        9.     Purchase and maintain insurance and bonds;
 7        10.     Borrow, accept, or contract for services of
 8    personnel, including, but not limited to, employees of a
 9    Participating State;
10        11.     Hire employees and engage contractors, elect or
11    appoint officers, fix compensation, define duties, grant such
12    individuals appropriate authority to carry out the purposes
13    of this Compact, and establish the Commission's personnel
14    policies and programs relating to conflicts of interest,
15    qualifications of personnel, and other related personnel
16    matters;
17        12.     Accept any and all appropriate donations and grants
18    of money, equipment, supplies, materials and services, and
19    receive, utilize and dispose of the same; provided that at
20    all times the Commission shall avoid any appearance of
21    impropriety or conflict of interest;
22        13.     Lease, purchase, accept appropriate gifts or
23    donations of, or otherwise own, hold, improve or use, any
24    property, real, personal or mixed; provided that at all times
25    the Commission shall avoid any appearance of impropriety;
26        14.     Sell, convey, mortgage, pledge, lease, exchange,
27    abandon, or otherwise dispose of any property real, personal,
28    or mixed;
29        15.     Establish a budget and make expenditures;
30        16.     Borrow money;

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 1         17.    Appoint committees, including standing committees
 2    composed of members, State regulators, State legislators or
 3    their representatives, and consumer representatives, and such
 4    other interested persons as may be designated in this Compact
 5    and the bylaws;
 6         18.    Provide and receive information from, and cooperate
 7    with, law enforcement agencies;
 8         19.    Elect a Chair, Vice Chair, Secretary and Treasurer
 9    and such other officers of the Commission as provided in the
10    Commission's bylaws.
11         20.    Reserve for itself, in addition to those reserved
12    exclusively to the Commission under the Compact, powers that
13    the Executive Committee may not exercise;
14         21.    Approve or disapprove a State's participation in the
15    Compact based upon its determination as to whether the
16    State's Compact legislation departs in a material manner from
17    the Model Compact language;
18         22.    Prepare and provide to the Participating States an
19    annual report; and
20         23.    Perform such other functions as may be necessary or
21    appropriate to achieve the purposes of this Compact
22    consistent with the State regulation of PA licensure and
23    practice.
24    D.   Meetings of the Commission
25         1.    All meetings of the Commission that are not closed
26    pursuant to this subsection shall be open to the public.
27    Notice of public meetings shall be posted on the Commission's
28    website at least thirty (30) days prior to the public
29    meeting.
30         2.    Notwithstanding subsection D.1 of this section, the

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 1    Commission may convene a public meeting by providing at least
 2    twenty-four (24) hours prior notice on the Commission's
 3    website, and any other means as provided in the Commission's
 4    Rules, for any of the reasons it may dispense with notice of
 5    proposed rulemaking under Section 9.L.
 6        3.   The Commission may convene in a closed, non-public
 7    meeting or non-public part of a public meeting to receive
 8    legal advice or to discuss:
 9             a.   Non-compliance of a Participating State with its
10        obligations under this Compact;
11             b.   The employment, compensation, discipline or other
12        matters, practices or procedures related to specific
13        employees or other matters related to the Commission's
14        internal personnel practices and procedures;
15             c.   Current, threatened, or reasonably anticipated
16        litigation;
17             d.   Negotiation of contracts for the purchase, lease,
18        or sale of goods, services, or real estate;
19             e.   Accusing any person of a crime or formally
20        censuring any person;
21             f.   Disclosure of trade secrets or commercial or
22        financial information that is privileged or confidential;
23             g.   Disclosure of information of a personal nature
24        where disclosure would constitute a clearly unwarranted
25        invasion of personal privacy;
26             h.   Disclosure of investigative records compiled for
27        law enforcement purposes;
28             i.   Disclosure of information related to any
29        investigative reports prepared by or on behalf of or for
30        use of the Commission or other committee charged with

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 1         responsibility of investigation or determination of
 2         compliance issues pursuant to this Compact;
 3              j.   Legal advice; or
 4              k.   Matters specifically exempted from disclosure by
 5         federal or Participating States' statutes.
 6         4.   If a meeting, or portion of a meeting, is closed
 7    pursuant to this provision, the chair of the meeting or the
 8    chair's designee shall certify that the meeting or portion of
 9    the meeting may be closed and shall reference each relevant
10    exempting provision.
11         5.   The Commission shall keep minutes that fully and
12    clearly describe all matters discussed in a meeting and shall
13    provide a full and accurate summary of actions taken,
14    including a description of the views expressed. All documents
15    considered in connection with an action shall be identified
16    in such minutes. All minutes and documents of a closed
17    meeting shall remain under seal, subject to release by a
18    majority vote of the Commission or order of a court of
19    competent jurisdiction.
20    E.   Financing of the Commission
21         1.   The Commission shall pay, or provide for the payment
22    of, the reasonable expenses of its establishment,
23    organization, and ongoing activities.
24         2.   The Commission may accept any and all appropriate
25    revenue sources, donations, and grants of money, equipment,
26    supplies, materials, and services.
27         3.   The Commission may levy on and collect an annual
28    assessment from each Participating State and may impose
29    Compact Privilege fees on Licensees of Participating States
30    to whom a Compact Privilege is granted to cover the cost of

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 1    the operations and activities of the Commission and its
 2    staff, which must be in a total amount sufficient to cover
 3    its annual budget as approved by the Commission each year for
 4    which revenue is not provided by other sources. The aggregate
 5    annual assessment amount levied on Participating States shall
 6    be allocated based upon a formula to be determined by
 7    Commission Rule.
 8             a.   A Compact Privilege expires when the Licensee's
 9        Qualifying License in the Participating State from which
10        the Licensee applied for the Compact Privilege expires.
11             b.   If the Licensee terminates the Qualifying License
12        through which the Licensee applied for the Compact
13        Privilege before its scheduled expiration, and the
14        Licensee has a Qualifying License in another
15        Participating State, the Licensee shall inform the
16        Commission that it is changing to that Participating
17        State the Participating State through which it applies
18        for a Compact Privilege and pay to the Commission any
19        Compact Privilege fee required by Commission Rule.
20        4.   The Commission shall not incur obligations of any
21    kind prior to securing the funds adequate to meet the same;
22    nor shall the Commission pledge the credit of any of the
23    Participating States, except by and with the authority of the
24    Participating State.
25        5.   The Commission shall keep accurate accounts of all
26    receipts and disbursements. The receipts and disbursements of
27    the Commission shall be subject to the financial review and
28    accounting procedures established under its bylaws. All
29    receipts and disbursements of funds handled by the Commission
30    shall be subject to an annual financial review by a certified

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 1    or licensed public accountant, and the report of the
 2    financial review shall be included in and become part of the
 3    annual report of the Commission.
 4    F.   The Executive Committee
 5         1.    The Executive Committee shall have the power to act
 6    on behalf of the Commission according to the terms of this
 7    Compact and Commission Rules.
 8         2.    The Executive Committee shall be composed of nine (9)
 9    members:
10               a.   Seven voting members who are elected by the
11         Commission from the current membership of the Commission;
12               b.   One ex-officio, nonvoting member from a
13         recognized national PA professional association; and
14               c.   One ex-officio, nonvoting member from a
15         recognized national PA certification organization.
16         3.    The ex-officio members will be selected by their
17    respective organizations.
18         4.    The Commission may remove any member of the Executive
19    Committee as provided in its bylaws.
20         5.    The Executive Committee shall meet at least annually.
21         6.    The Executive Committee shall have the following
22    duties and responsibilities:
23               a.   Recommend to the Commission changes to the
24         Commission's Rules or bylaws, changes to this Compact
25         legislation, fees to be paid by Compact Participating
26         States such as annual dues, and any Commission Compact
27         fee charged to Licensees for the Compact Privilege;
28               b.   Ensure Compact administration services are
29         appropriately provided, contractual or otherwise;
30               c.   Prepare and recommend the budget;

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 1              d.   Maintain financial records on behalf of the
 2         Commission;
 3              e.   Monitor Compact compliance of Participating
 4         States and provide compliance reports to the Commission;
 5              f.   Establish additional committees as necessary;
 6              g.   Exercise the powers and duties of the Commission
 7         during the interim between Commission meetings, except
 8         for issuing proposed rulemaking or adopting Commission
 9         Rules or bylaws, or exercising any other powers and
10         duties exclusively reserved to the Commission by the
11         Commission's Rules; and
12              h.   Perform other duties as provided in the
13         Commission's Rules or bylaws.
14         7.   All meeting of the Executive Committee at which it
15    votes or plans to vote on matters in exercising the powers
16    and duties of the Commission shall be open to the public and
17    public notice of such meetings shall be given as public
18    meetings of the Commission are given.
19         8.   The Executive Committee may convene in a closed, non-
20    public meeting for the same reasons that the Commission may
21    convene in a non-public meeting as set forth in Section 7.D 3
22    and shall announce the closed meeting as the Commission is
23    required to under Section 7.D.4 and keep minutes of the
24    closed meeting as the Commission is required to under Section
25    7.D.5.
26    G.   Qualified Immunity, Defense, and Indemnification
27         1.   The members, officers, executive director, employees
28    and representatives of the Commission shall be immune from
29    suit and liability, both personally and in their official
30    capacity, for any claim for damage to or loss of property or

20250HB1961PN2470                  - 19 -
 1    personal injury or other civil liability caused by or arising
 2    out of any actual or alleged act, error, or omission that
 3    occurred, or that the person against whom the claim is made
 4    had a reasonable basis for believing occurred within the
 5    scope of Commission employment, duties or responsibilities;
 6    provided that nothing in this paragraph shall be construed to
 7    protect any such person from suit or liability for any
 8    damage, loss, injury, or liability caused by the intentional
 9    or willful or wanton misconduct of that person. The
10    procurement of insurance of any type by the Commission shall
11    not in any way compromise or limit the immunity granted
12    hereunder.
13        2.   The Commission shall defend any member, officer,
14    executive director, employee, and representative of the
15    Commission in any civil action seeking to impose liability
16    arising out of any actual or alleged act, error, or omission
17    that occurred within the scope of Commission employment,
18    duties, or responsibilities, or as determined by the
19    commission that the person against whom the claim is made had
20    a reasonable basis for believing occurred within the scope of
21    Commission employment, duties, or responsibilities; provided
22    that nothing herein shall be construed to prohibit that
23    person from retaining their own counsel at their own expense;
24    and provided further, that the actual or alleged act, error,
25    or omission did not result from that person's intentional or
26    willful or wanton misconduct.
27        3.   The Commission shall indemnify and hold harmless any
28    member, officer, executive director, employee, and
29    representative of the Commission for the amount of any
30    settlement or judgment obtained against that person arising

20250HB1961PN2470                - 20 -
 1    out of any actual or alleged act, error, or omission that
 2    occurred within the scope of Commission employment, duties,
 3    or responsibilities, or that such person had a reasonable
 4    basis for believing occurred within the scope of Commission
 5    employment, duties, or responsibilities, provided that the
 6    actual or alleged act, error, or omission did not result from
 7    the intentional or willful or wanton misconduct of that
 8    person.
 9        4.    Venue is proper and judicial proceedings by or
10    against the Commission shall be brought solely and
11    exclusively in a court of competent jurisdiction where the
12    principal office of the Commission is located. The Commission
13    may waive venue and jurisdictional defenses in any
14    proceedings as authorized by Commission Rules.
15        5.    Nothing herein shall be construed as a limitation on
16    the liability of any Licensee for professional malpractice or
17    misconduct, which shall be governed solely by any other
18    applicable State laws.
19        6.    Nothing herein shall be construed to designate the
20    venue or jurisdiction to bring actions for alleged acts of
21    malpractice, professional misconduct, negligence, or other
22    such civil action pertaining to the practice of a PA. All
23    such matters shall be determined exclusively by State law
24    other than this Compact.
25        7.    Nothing in this Compact shall be interpreted to waive
26    or otherwise abrogate a Participating State's state action
27    immunity or state action affirmative defense with respect to
28    antitrust claims under the Sherman Act, Clayton Act, or any
29    other State or federal antitrust or anticompetitive law or
30    regulation.

20250HB1961PN2470                 - 21 -
 1           8.   Nothing in this Compact shall be construed to be a
 2      waiver of sovereign immunity by the Participating States or
 3      by the Commission.
 4   Section 8.   Data System
 5      A.   The Commission shall provide for the development,
 6   maintenance, operation, and utilization of a coordinated data
 7   and reporting system containing licensure, Adverse Action, and
 8   the reporting of the existence of Significant Investigative
 9   Information on all licensed PAs and applicants denied a License
10   in Participating States.
11      B.   Notwithstanding any other State law to the contrary, a
12   Participating State shall submit a uniform data set to the Data
13   System on all PAs to whom this Compact is applicable (utilizing
14   a unique identifier) as required by the Rules of the Commission,
15   including:
16           1.   Identifying information;
17           2.   Licensure data;
18           3.   Adverse Actions against a License or Compact
19      Privilege;
20           4.   Any denial of application for licensure, and the
21      reason(s) for such denial (excluding the reporting of any
22      Criminal history record information where prohibited by law);
23           5.   The existence of Significant Investigative
24      Information; and
25           6.   Other information that may facilitate the
26      administration of this Compact, as determined by the Rules of
27      the Commission.
28      C.   Significant Investigative Information pertaining to a
29   Licensee in any Participating State shall only be available to
30   other Participating States.

20250HB1961PN2470                   - 22 -
 1      D.   The Commission shall promptly notify all Participating
 2   States of any Adverse Action taken against a Licensee or an
 3   individual applying for a License that has been reported to it.
 4   This Adverse Action information shall be available to any other
 5   Participating State.
 6      E.   Participating States contributing information to the Data
 7   System may, in accordance with State or federal law, designate
 8   information that may not be shared with the public without the
 9   express permission of the contributing State. Notwithstanding
10   any such designation, such information shall be reported to the
11   Commission through the Data System.
12      F.   Any information submitted to the Data System that is
13   subsequently expunged pursuant to federal law or the laws of the
14   Participating State contributing the information shall be
15   removed from the Data System upon reporting of such by the
16   Participating State to the Commission.
17      G.   The records and information provided to a Participating
18   State pursuant to this Compact or through the Data System, when
19   certified by the Commission or an agent thereof, shall
20   constitute the authenticated business records of the Commission,
21   and shall be entitled to any associated hearsay exception in any
22   relevant judicial, quasi-judicial or administrative proceedings
23   in a Participating State.
24   Section 9.   Rulemaking
25      A.   The Commission shall exercise its Rulemaking powers
26   pursuant to the criteria set forth in this Section and the Rules
27   adopted thereunder. Commission Rules shall become binding as of
28   the date specified by the Commission for each Rule.
29      B.   The Commission shall promulgate reasonable Rules in order
30   to effectively and efficiently implement and administer this

20250HB1961PN2470                  - 23 -
 1   Compact and achieve its purposes. A Commission Rule shall be
 2   invalid and have not force or effect only if a court of
 3   competent jurisdiction holds that the Rule is invalid because
 4   the Commission exercised its rulemaking authority in a manner
 5   that is beyond the scope of the purposes of this Compact, or the
 6   powers granted hereunder, or based upon another applicable
 7   standard of review.
 8      C.   The Rules of the Commission shall have the force of law
 9   in each Participating State, provided however that where the
10   Rules of the Commission conflict with the laws of the
11   Participating State that establish the medical services a PA may
12   perform in the Participating State, as held by a court of
13   competent jurisdiction, the Rules of the Commission shall be
14   ineffective in that State to the extent of the conflict.
15      D.   If a majority of the legislatures of the Participating
16   States rejects a Commission Rule, by enactment of a statute or
17   resolution in the same manner used to adopt this Compact within
18   four (4) years of the date of adoption of the Rule, then such
19   Rule shall have no further force and effect in any Participating
20   State or to any State applying to participate in the Compact.
21      E.   Commission Rules shall be adopted at a regular or special
22   meeting of the Commission.
23      F.   Prior to promulgation and adoption of a final Rule or
24   Rules by the Commission, and at least thirty (30) days in
25   advance of the meeting at which the Rule will be considered and
26   voted upon, the Commission shall file a Notice of Proposed
27   Rulemaking:
28           1.    On the website of the Commission or other publicly
29      accessible platform; and
30           2.    To persons who have requested notice of the

20250HB1961PN2470                    - 24 -
 1      Commission's notices of proposed rulemaking, and
 2           3.    In such other way(s) as the Commission may by Rule
 3      specify.
 4      G.   The Notice of Proposed Rulemaking shall include:
 5           1.    The time, date, and location of the public hearing on
 6      the proposed Rule and the proposed time, date and location of
 7      the meeting in which the proposed Rule will be considered and
 8      voted upon;
 9           2.    The text of the proposed Rule and the reason for the
10      proposed Rule;
11           3.    A request for comments on the proposed Rule from any
12      interested person and the date by which written comments must
13      be received; and
14           4.    The manner in which interested persons may submit
15      notice to the Commission of their intention to attend the
16      public hearing or provide any written comments.
17      H.   Prior to adoption of a proposed Rule, the Commission
18   shall allow persons to submit written data, facts, opinions, and
19   arguments, which shall be made available to the public.
20      I.   If the hearing is to be held via electronic means, the
21   Commission shall publish the mechanism for access to the
22   electronic hearing.
23           1.    All persons wishing to be heard at the hearing shall
24      as directed in the Notice of Proposed Rulemaking, not less
25      than five (5) business days before the scheduled date of the
26      hearing, notify the Commission of their desire to appear and
27      testify at the hearing.
28           2.    Hearings shall be conducted in a manner providing
29      each person who wishes to comment a fair and reasonable
30      opportunity to comment orally or in writing.

20250HB1961PN2470                    - 25 -
 1           3.   All hearings shall be recorded. A copy of the
 2      recording and the written comments, data, facts, opinions,
 3      and arguments received in response to the proposed rulemaking
 4      shall be made available to a person upon request.
 5           4.   Nothing in this section shall be construed as
 6      requiring a separate hearing on each proposed Rule. Proposed
 7      Rules may be grouped for the convenience of the Commission at
 8      hearings required by this section.
 9      J.   Following the public hearing the Commission shall
10   consider all written and oral comments timely received.
11      K.   The Commission shall, by majority vote of all delegates,
12   take final action on the proposed Rule and shall determine the
13   effective date of the Rule, if adopted, based on the Rulemaking
14   record and the full text of the Rule.
15           1.   If adopted, the Rule shall be posted on the
16      Commission's website.
17           2.   The Commission may adopt changes to the proposed Rule
18      provided the changes do not enlarge the original purpose of
19      the proposed Rule.
20           3.   The Commission shall provide on its website an
21      explanation of the reasons for substantive changes made to
22      the proposed Rule as well as reasons for substantive changes
23      not made that were recommended by commenters.
24           4.   The Commission shall determine a reasonable effective
25      date for the Rule. Except for an emergency as provided in
26      subsection L, the effective date of the Rule shall be no
27      sooner than thirty (30) days after the Commission issued the
28      notice that it adopted the Rule.
29      L.   Upon determination that an emergency exists, the
30   Commission may consider and adopt an emergency Rule with twenty-

20250HB1961PN2470                   - 26 -
 1   four (24) hours prior notice, without the opportunity for
 2   comment, or hearing, provided that the usual rulemaking
 3   procedures provided in this Compact and in this section shall be
 4   retroactively applied to the Rule as soon as reasonably
 5   possible, in no event later than ninety (90) days after the
 6   effective date of the Rule. For the purposes of this provision,
 7   an emergency Rule is one that must be adopted immediately by the
 8   Commission in order to:
 9           1.    Meet an imminent threat to public health, safety, or
10      welfare;
11           2.    Prevent a loss of Commission or Participating State
12      funds;
13           3.    Meet a deadline for the promulgation of a Commission
14      Rule that is established by federal law or Rule; or
15           4.    Protect public health and safety.
16      M.   The Commission or an authorized committee of the
17   Commission may direct revisions to a previously adopted
18   Commission Rule for purposes of correcting typographical errors,
19   errors in format, errors in consistency, or grammatical errors.
20   Public notice of any revisions shall be posted on the website of
21   the Commission. The revision shall be subject to challenge by
22   any person for a period of thirty (30) days after posting. The
23   revision may be challenged only on grounds that the revision
24   results in a material change to a Rule. A challenge shall be
25   made as set forth in the notice of revisions and delivered to
26   the Commission prior to the end of the notice period. If no
27   challenge is made, the revision will take effect without further
28   action. If the revision is challenged, the revision may not take
29   effect without the approval of the Commission.
30      N.   No Participating State's rulemaking requirements shall

20250HB1961PN2470                    - 27 -
 1   apply under this Compact.
 2   Section 10.    Oversight, Dispute Resolution, and Enforcement
 3      A.   Oversight
 4           1.    The executive and judicial branches of State
 5      government in each Participating State shall enforce this
 6      Compact and take all actions necessary and appropriate to
 7      implement the Compact.
 8           2.    Venue is proper and judicial proceedings by or
 9      against the Commission shall be brought solely and
10      exclusively in a court of competent jurisdiction where the
11      principal office of the Commission is located. The Commission
12      may waive venue and jurisdictional defenses to the extent it
13      adopts or consents to participate in alternative dispute
14      resolution proceedings. Nothing herein shall affect or limit
15      the selection or propriety of venue in any action against a
16      licensee for professional malpractice, misconduct or any such
17      similar matter.
18           3.    The Commission shall be entitled to receive service
19      of process in any proceeding regarding the enforcement or
20      interpretation of the Compact or the Commission's Rules and
21      shall have standing to intervene in such a proceeding for all
22      purposes. Failure to provide the Commission with service of
23      process shall render a judgment or order in such proceeding
24      void as to the Commission, this Compact, or Commission Rules.
25      B.   Default, Technical Assistance, and Termination
26           1.    If the Commission determines that a Participating
27      State has defaulted in the performance of its obligations or
28      responsibilities under this Compact or the Commission Rules,
29      the Commission shall provide written notice to the defaulting
30      State and other Participating States. The notice shall

20250HB1961PN2470                    - 28 -
 1    describe the default, the proposed means of curing the
 2    default and any other action that the Commission may take and
 3    shall offer remedial training and specific technical
 4    assistance regarding the default.
 5        2.   If a State in default fails to cure the default, the
 6    defaulting State may be terminated from this Compact upon an
 7    affirmative vote of a majority of the delegates of the
 8    Participating States, and all rights, privileges and benefits
 9    conferred by this Compact upon such State may be terminated
10    on the effective date of termination. A cure of the default
11    does not relieve the offending State of obligations or
12    liabilities incurred during the period of default.
13        3.   Termination of participation in this Compact shall be
14    imposed only after all other means of securing compliance
15    have been exhausted. Notice of intent to suspend or terminate
16    shall be given by the Commission to the governor, the
17    majority and minority leaders of the defaulting State's
18    legislature, and to the Licensing Board(s) of each of the
19    Participating States.
20        4.   A State that has been terminated is responsible for
21    all assessments, obligations, and liabilities incurred
22    through the effective date of termination, including
23    obligations that extend beyond the effective date of
24    termination.
25        5.   The Commission shall not bear any costs related to a
26    State that is found to be in default or that has been
27    terminated from this Compact, unless agreed upon in writing
28    between the Commission and the defaulting State.
29        6.   The defaulting State may appeal its termination from
30    the Compact by the Commission by petitioning the U.S.

20250HB1961PN2470                - 29 -
 1    District Court for the District of Columbia or the federal
 2    district where the Commission has its principal offices. The
 3    prevailing member shall be awarded all costs of such
 4    litigation, including reasonable attorney's fees.
 5         7.   Upon the termination of a State's participation in
 6    the Compact, the State shall immediately provide notice to
 7    all Licensees within that State of such termination:
 8              a.   Licensees who have been granted a Compact
 9         Privilege in that State shall retain the Compact
10         Privilege for one hundred eighty (180) days following the
11         effective date of such termination.
12              b.   Licensees who are licensed in that State who have
13         been granted a Compact Privilege in a Participating State
14         shall retain the Compact Privilege for one hundred eighty
15         (180) days unless the Licensee also has a Qualifying
16         License in a Participating State or obtains a Qualifying
17         License in a Participating State before the one hundred
18         eighty (180)-day period ends, in which case the Compact
19         Privilege shall continue.
20    C.   Dispute Resolution
21         1.   Upon request by a Participating State, the Commission
22    shall attempt to resolve disputes related to this Compact
23    that arise among Participating States and between
24    participating and non-Participating States.
25         2.   The Commission shall promulgate a Rule providing for
26    both mediation and binding dispute resolution for disputes as
27    appropriate.
28    D.   Enforcement
29         1.   The Commission, in the reasonable exercise of its
30    discretion, shall enforce the provisions of this Compact and

20250HB1961PN2470                  - 30 -
 1      Rules of the Commission.
 2           2.    If compliance is not secured after all means to
 3      secure compliance have been exhausted, by majority vote, the
 4      Commission may initiate legal action in the United States
 5      District Court for the District of Columbia or the federal
 6      district where the Commission has its principal offices,
 7      against a Participating State in default to enforce
 8      compliance with the provisions of this Compact and the
 9      Commission's promulgated Rules and bylaws. The relief sought
10      may include both injunctive relief and damages. In the event
11      judicial enforcement is necessary, the prevailing party shall
12      be awarded all costs of such litigation, including reasonable
13      attorney's fees.
14           3.    The remedies herein shall not be the exclusive
15      remedies of the Commission. The Commission may pursue any
16      other remedies available under federal or State law.
17      E.   Legal Action Against the Commission
18           1.    A Participating State may initiate legal action
19      against the Commission in the U.S. District Court for the
20      District of Columbia or the federal district where the
21      Commission has its principal offices to enforce compliance
22      with the provisions of the Compact and its Rules. The relief
23      sought may include both injunctive relief and damages. In the
24      event judicial enforcement is necessary, the prevailing party
25      shall be awarded all costs of such litigation, including
26      reasonable attorney's fees.
27           2.    No person other than a Participating State shall
28      enforce this Compact against the Commission.
29   Section 11.    Date of Implementation of the PA Licensure Compact
30                 Commission

20250HB1961PN2470                    - 31 -
 1      A.   This Compact shall come into effect on the date on which
 2   this Compact statute is enacted into law in the seventh
 3   Participating State.
 4           1.   On or after the effective date of the Compact, the
 5      Commission shall convene and review the enactment of each of
 6      the States that enacted the Compact prior to the Commission
 7      convening ("Charter Participating States") to determine if
 8      the statute enacted by each such Charter Participating State
 9      is materially different than the Model Compact.
10                a.    A Charter Participating State whose enactment is
11           found to be materially different from the Model Compact
12           shall be entitled to the default process set forth in
13           Section 10.B.
14                b.    If any Participating State later withdraws from
15           the Compact or its participation is terminated, the
16           Commission shall remain in existence and the Compact
17           shall remain in effect even if the number of
18           Participating States should be less than seven.
19           Participating States enacting the Compact subsequent to
20           the Commission convening shall be subject to the process
21           set forth in Section 7.C.21 to determine if their
22           enactments are materially different from the Model
23           Compact and whether they qualify for participation in the
24           Compact.
25           2.   Participating States enacting the Compact subsequent
26      to the seven initial Charter Participating States shall be
27      subject to the process set forth in Section 7.C.21 to
28      determine if their enactments are materially different from
29      the Model Compact and whether they qualify for participation
30      in the Compact.

20250HB1961PN2470                     - 32 -
 1            3.   All actions taken for the benefit of the Commission
 2      or in furtherance of the purposes of the administration of
 3      the Compact prior to the effective date of the Compact or the
 4      Commission coming into existence shall be considered to be
 5      actions of the Commission unless specifically repudiated by
 6      the Commission.
 7      B.    Any State that joins this Compact shall be subject to the
 8   Commission's Rules and bylaws as they exist on the date on which
 9   this Compact becomes law in that State. Any Rule that has been
10   previously adopted by the Commission shall have the full force
11   and effect of law on the day this Compact becomes law in that
12   State.
13      C.    Any Participating State may withdraw from this Compact by
14   enacting a statute repealing the same.
15            1.   A Participating State's withdrawal shall not take
16      effect until one hundred eighty (180) days after enactment of
17      the repealing statute. During this one hundred eighty (180)
18      day-period, all Compact Privileges that were in effect in the
19      withdrawing State and were granted to Licensees licensed in
20      the withdrawing State shall remain in effect. If any Licensee
21      licensed in the withdrawing State is also licensed in another
22      Participating State or obtains a license in another
23      Participating State within the one hundred eighty (180) days,
24      the Licensee's Compact Privileges in other Participating
25      States shall not be affected by the passage of the one
26      hundred eighty (180) days.
27            2.   Withdrawal shall not affect the continuing
28      requirement of the State Licensing Board(s) of the
29      withdrawing State to comply with the investigative, and
30      Adverse Action reporting requirements of this Compact prior

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