SB400: Bill Text

SB400,25 Section 25. 448.971 (1m) of the statutes is created to read:

SB400,,64 448.971 (1m) “Compact privilege” means a compact privilege, as defined in s. 448.988 (2) (b), that is granted under the compact to an individual to practice in this state.

SB400,26 Section 26. 448.971 (2) of the statutes is amended to read:

SB400,,66 448.971 (2) “Physician assistant” means a person who is licensed under this subchapter or who holds a compact privilege.

SB400,27 Section 27. 448.972 (1) of the statutes is amended to read:

SB400,,68 448.972 (1) Except as provided in subs. (2) and (3), no person may represent himself or herself as a “PA” or “physician assistant,” use or assume the title “PA” or “physician assistant,” or append to the person’s name the words or letters “physician assistant,” “PA,” “PA-C,” or any other titles, letters, or designation that represents or may tend to represent the person as a physician assistant, unless he or she is licensed by the board under this subchapter or holds a compact privilege.

SB400,28 Section 28. 448.972 (1) of the statutes is amended to read:

SB400,,70 448.972 (1) Except as provided in subs. (2) and (3), no person may represent himself or herself as a “PA” or “physician assistant,” use or assume the title “PA” or “physician assistant,” or append to the person’s name the words or letters “physician assistant,” “PA,” “PA-C,” or any other titles, letters, or designation that represents or may tend to represent the person as a physician assistant, unless he or she is licensed by the board under this subchapter or holds a compact privilege.

SB400,29 Section 29. 448.973 (2) of the statutes is amended to read:

SB400,,72 448.973 (2) The board shall include in the register the board maintains under s. 440.035 (1m) (d) the names name of all persons each person whose licenses license or compact privilege issued under this subchapter were was suspended or revoked within the past 2 years. The register shall be available for purchase at cost.

SB400,30 Section 30. 448.974 (title) of the statutes is amended to read:

SB400,,74 448.974 (title) License; compact privilege; renewal.

SB400,31 Section 31. 448.974 (1m) of the statutes is created to read:

SB400,,76 448.974 (1m) The board shall grant a compact privilege to any applicant who satisfies all of the following:

SB400,,77 (a) The applicant holds a qualifying license, as defined in s. 448.988 (2) (r), in another state that is a party to the compact and satisfies all other requirements under s. 448.988 (4).

SB400,,78 (b) The individual applies for the compact privilege in the manner prescribed by the department.

SB400,,79 (c) The individual pays any fee established by the department under s. 448.9885 (2).

SB400,32 Section 32. 448.974 (2) of the statutes is renumbered 448.974 (2) (am) and amended to read:

SB400,,81 448.974 (2) (am) 1. The renewal date for a license issued under this subchapter is specified under s. 440.08 (2) (a), and the renewal fees for such licenses are determined by the department under s. 440.03 (9) (a). Renewal of a license is subject to par. (b) subd. 2.

SB400,,82 2. An applicant for the renewal of a license under this subchapter shall submit with his or her application for renewal proof of having satisfied the continuing education requirements imposed by the board under s. 448.973 (1) (b). This paragraph subdivision does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the board initially granted the license.

SB400,33 Section 33. 448.974 (2) (bm) of the statutes is created to read:

SB400,,84 448.974 (2) (bm) Renewal of a compact privilege shall be governed by s. 448.988 (4) (b), except that the board may impose requirements for prescribing controlled substances in accordance with s. 448.988 (4) (d).

SB400,34 Section 34. 448.978 (1) of the statutes is renumbered 448.978 (1r).

SB400,35 Section 35. 448.978 (2) (intro.) of the statutes is amended to read:

SB400,,87 448.978 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), if a person who applies for or holds a license or compact privilege issued under s. 448.974 does any of the following, the board may reprimand the person or deny, limit, suspend, or revoke the person’s license or compact privilege:

SB400,36 Section 36. 448.978 (2) (a) of the statutes is amended to read:

SB400,,89 448.978 (2) (a) Makes a material misstatement in an application for a license or compact privilege or an application for renewal of a license or compact privilege under s. 448.974.

SB400,37 Section 37. 448.978 (2) (d) (intro.) of the statutes is renumbered 448.978 (2) (d) and amended to read:

SB400,,91 448.978 (2) (d) Engages in unprofessional conduct.

SB400,,92 (1g) In this paragraph, “unprofessional section:

SB400,,93 (b) “Unprofessional conduct” does not include any of the following:

SB400,38 Section 38. 448.978 (2) (d) 1. and 2. of the statutes are renumbered 448.978 (1g) (b) 1. and 2.

SB400,39 Section 39. 448.978 (2) (g) of the statutes is amended to read:

SB400,,96 448.978 (2) (g) Engages in fraud or deceit in obtaining or using his or her license or compact privilege.

SB400,40 Section 40. Subchapter XIII of chapter 448 [precedes 448.988] of the statutes is created to read:

SB400,,98 CHAPTER 448

SB400,,99 SUBCHAPTER XIII

SB400,,100 PA LICENSURE COMPACT

SB400,,101 448.988 PA licensure compact. (1) Purpose. In order to strengthen access to medical services, and in recognition of the advances in the delivery of medical services, the participating states of the PA licensure compact have allied in common purpose to develop a comprehensive process that complements the existing authority of state licensing boards to license and discipline PAs and seeks to enhance the portability of a license to practice as a PA while safeguarding the safety of patients. This compact allows medical services to be provided by PAs, via the mutual recognition of the licensee’s qualifying license by other compact participating states. This compact also adopts the prevailing standard for PA licensure and affirms that the practice and delivery of medical services by the PA occurs where the patient is located at the time of the patient encounter, and therefore requires the PA to be under the jurisdiction of the state licensing board where the patient is located. State licensing boards that participate in this compact retain the jurisdiction to impose adverse action against a compact privilege in that state issued to a PA through the procedures of this compact. The PA licensure compact will alleviate burdens for military families by allowing active duty military personnel and their spouses to obtain a compact privilege based on having an unrestricted license in good standing from a participating state.

SB400,,102 (2) Definitions. In this compact:

SB400,,103 (a) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against a PA license or license application or compact privilege such as license denial, censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.

SB400,,104 (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.

SB400,,105 (c) “Conviction” means a finding by a court that an individual is guilty of a felony or misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge by the offender

SB400,,106 (d) “Criminal background check” means the submission of fingerprints or other biometric-based information for a license applicant for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 CFR 20.3 (d), from the state’s criminal history record repository as defined in 28 CFR 20.3 (f).

SB400,,107 (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.

SB400,,108 (f) “Executive committee” means a group of directors and ex officio individuals elected or appointed pursuant to sub. (7) (f) 2.

SB400,,109 (g) “Impaired practitioner” means a PA whose practice is adversely affected by health-related condition(s) that impact their ability to practice.

SB400,,110 (h) “Investigative information” means information, records, or documents received or generated by a licensing board pursuant to an investigation.

SB400,,111 (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.

SB400,,112 (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.

SB400,,113 (k) “Licensee” means an individual who holds a license from a state to provide medical services as a PA.

SB400,,114 (L) “Licensing board” means any state entity authorized to license and otherwise regulate PAs.

SB400,,115 (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.

SB400,,116 (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.

SB400,,117 (o) “Participating state” means a state that has enacted this compact.

SB400,,118 (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.

SB400,,119 (q) “PA licensure compact commission,” “compact commission,” or “commission” mean the national administrative body created pursuant to sub. (7) (a).

SB400,,120 (r) “Qualifying license” means an unrestricted license issued by a participating state to provide medical services as a PA.

SB400,,121 (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.

SB400,,122 (t) “Rule” means a regulation promulgated by an entity that has the force and effect of law.

SB400,,123 (u) “Significant investigative information” means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the PA to respond if required by state law, has reason to believe is not groundless and, if proven true, would indicate more than a minor infraction.

SB400,,124 (v) “State” means any state, commonwealth, district, or territory of the United States.

SB400,,125 (3) State participation in this compact. (a) To participate in this compact, a participating state shall:

SB400,,126 1. License PAs.

SB400,,127 2. Participate in the compact commission’s data system.

SB400,,128 3. Have a mechanism in place for receiving and investigating complaints against licensees and license applicants.

SB400,,129 4. Notify the commission, in compliance with the terms of this compact and commission rules, of any adverse action against a licensee or license applicant and the existence of significant investigative information regarding a licensee or license applicant.

SB400,,130 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.

SB400,,131 6. Comply with the rules of the compact commission.

SB400,,132 7. Utilize passage of a recognized national exam such as the NCCPA PANCE as a requirement for PA licensure.

SB400,,133 8. Grant the compact privilege to a holder of a qualifying license in a participating state.

SB400,,134 (b) Nothing in this compact prohibits a participating state from charging a fee for granting the compact privilege.

SB400,,135 (4) Compact privilege. (a) To exercise the compact privilege, a licensee must:

SB400,,136 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.

SB400,,137 2. Hold current NCCPA certification.

SB400,,138 3. Have no felony or misdemeanor conviction.

SB400,,139 4. Have never had a controlled substance license, permit, or registration suspended or revoked by a state or by the United States drug enforcement administration.

SB400,,140 5. Have a unique identifier as determined by commission rule.

SB400,,141 6. Hold a qualifying license.

SB400,,142 7. Have had no revocation of a license or limitation or restriction on any license currently held due to an adverse action.

SB400,,143 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.

SB400,,144 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.

SB400,,145 10. Notify the compact commission that the licensee is seeking the compact privilege in a remote state.

SB400,,146 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.

SB400,,147 12. Report to the commission any adverse action taken by a nonparticipating state within thirty (30) days after the action is taken.

SB400,,148 (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 par. (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:

SB400,,149 1. The license is no longer limited or restricted; and

SB400,,150 2. Two (2) years have elapsed from the date on which the license is no longer limited or restricted due to the adverse action.

SB400,,151 (c) Once a restricted or limited license satisfies the requirements of par. (b) 1. and 2., the licensee must meet the requirements of par. (a) to obtain a compact privilege in any remote state.