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SB400,24,1513 20. Reserve for itself, in addition to those reserved exclusively to the
14commission under the compact, powers that the executive committee may not
15exercise;
SB400,24,1816 21. Approve or disapprove a state's participation in the compact based upon its
17determination as to whether the state's compact legislation departs in a material
18manner from the model compact language;
SB400,24,1919 22. Prepare and provide to the participating states an annual report; and
SB400,24,2220 23. Perform such other functions as may be necessary or appropriate to achieve
21the purposes of this compact consistent with the state regulation of PA licensure and
22practice.
SB400,25,223 (d) Meetings of the commission. 1. All meetings of the commission that are not
24closed pursuant to this paragraph shall be open to the public. Notice of public

1meetings shall be posted on the commission's website at least thirty (30) days prior
2to the public meeting.
SB400,25,63 2. Notwithstanding subd. 1., the commission may convene a public meeting by
4providing at least twenty-four (24) hours prior notice on the commission's website,
5and any other means as provided in the commission's rules, for any of the reasons
6it may dispense with notice of proposed rulemaking under sub. (9) (L).
SB400,25,87 3. The commission may convene in a closed, nonpublic meeting or nonpublic
8part of a public meeting to receive legal advice or to discuss:
SB400,25,109 a. Noncompliance of a participating state with its obligations under this
10compact;
SB400,25,1311 b. The employment, compensation, discipline or other matters, practices or
12procedures related to specific employees or other matters related to the commission's
13internal personnel practices and procedures;
SB400,25,1414 c. Current, threatened, or reasonably anticipated litigation;
SB400,25,1615 d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
16real estate;
SB400,25,1717 e. Accusing any person of a crime or formally censuring any person;
SB400,25,1918 f. Disclosure of trade secrets or commercial or financial information that is
19privileged or confidential;
SB400,25,2120 g. Disclosure of information of a personal nature where disclosure would
21constitute a clearly unwarranted invasion of personal privacy;
SB400,25,2222 h. Disclosure of investigative records compiled for law enforcement purposes;
SB400,26,223 i. Disclosure of information related to any investigative reports prepared by or
24on behalf of or for use of the commission or other committee charged with

1responsibility of investigation or determination of compliance issues pursuant to this
2compact;
SB400,26,33 j. Legal advice; or
SB400,26,54 k. Matters specifically exempted from disclosure by federal or participating
5states' statutes.
SB400,26,86 4. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
7chair of the meeting or the chair's designee shall certify that the meeting or portion
8of the meeting may be closed and shall reference each relevant exempting provision.
SB400,26,159 5. The commission shall keep minutes that fully and clearly describe all
10matters discussed in a meeting and shall provide a full and accurate summary of
11actions taken, including a description of the views expressed. All documents
12considered in connection with an action shall be identified in such minutes. All
13minutes and documents of a closed meeting shall remain under seal, subject to
14release by a majority vote of the commission or order of a court of competent
15jurisdiction.
SB400,26,1816 (e) Financing of the commission. 1. The commission shall pay, or provide for
17the payment of, the reasonable expenses of its establishment, organization, and
18ongoing activities.
SB400,26,2019 2. The commission may accept any and all appropriate revenue sources,
20donations, and grants of money, equipment, supplies, materials, and services.
SB400,27,321 3. The commission may levy on and collect an annual assessment from each
22participating state and may impose compact privilege fees on licensees of
23participating states to whom a compact privilege is granted to cover the cost of the
24operations and activities of the commission and its staff, which must be in a total
25amount sufficient to cover its annual budget as approved by the commission each

1year for which revenue is not provided by other sources. The aggregate annual
2assessment amount levied on participating states shall be allocated based upon a
3formula to be determined by commission rule.
SB400,27,54 a. A compact privilege expires when the licensee's qualifying license in the
5participating state from which the licensee applied for the compact privilege expires.
SB400,27,116 b. If the licensee terminates the qualifying license through which the licensee
7applied for the compact privilege before its scheduled expiration, and the licensee
8has a qualifying license in another participating state, the licensee shall inform the
9commission that it is changing to that participating state the participating state
10through which it applies for a compact privilege and pay to the commission any
11compact privilege fee required by commission rule.
SB400,27,1512 4. The commission shall not incur obligations of any kind prior to securing the
13funds adequate to meet the same; nor shall the commission pledge the credit of any
14of the participating states, except by and with the authority of the participating
15state.
SB400,27,2216 5. The commission shall keep accurate accounts of all receipts and
17disbursements. The receipts and disbursements of the commission shall be subject
18to the financial review and accounting procedures established under its bylaws. All
19receipts and disbursements of funds handled by the commission shall be subject to
20an annual financial review by a certified or licensed public accountant, and the
21report of the financial review shall be included in and become part of the annual
22report of the commission.
SB400,27,2523 (f) The executive committee. 1. The executive committee shall have the power
24to act on behalf of the commission according to the terms of this compact and
25commission rules.
SB400,28,1
12. The executive committee shall be composed of nine (9) members:
SB400,28,32 a. Seven voting members who are elected by the commission from the current
3membership of the commission;
SB400,28,54 b. One ex officio, nonvoting member from a recognized national PA professional
5association; and
SB400,28,76 c. One ex officio, nonvoting member from a recognized national PA certification
7organization.
SB400,28,88 3. The ex officio members will be selected by their respective organizations.
SB400,28,109 4. The commission may remove any member of the executive committee as
10provided in its bylaws.
SB400,28,1111 5. The executive committee shall meet at least annually.
SB400,28,1212 6. The executive committee shall have the following duties and responsibilities:
SB400,28,1613 a. Recommend to the commission changes to the commission's rules or bylaws,
14changes to this compact legislation, fees to be paid by compact participating states
15such as annual dues, and any commission compact fee charged to licensees for the
16compact privilege;
SB400,28,1817 b. Ensure compact administration services are appropriately provided,
18contractual or otherwise;
SB400,28,1919 c. Prepare and recommend the budget;
SB400,28,2020 d. Maintain financial records on behalf of the commission;
SB400,28,2221 e. Monitor compact compliance of participating states and provide compliance
22reports to the commission;
SB400,28,2323 f. Establish additional committees as necessary;
SB400,29,224 g. Exercise the powers and duties of the commission during the interim
25between commission meetings, except for issuing proposed rule making or adopting

1commission rules or bylaws, or exercising any other powers and duties exclusively
2reserved to the commission by the commission's rules; and
SB400,29,33 h. Perform other duties as provided in the commission's rules or bylaws.
SB400,29,74 7. All meeting of the executive committee at which it votes or plans to vote on
5matters in exercising the powers and duties of the commission shall be open to the
6public and public notice of such meetings shall be given as public meetings of the
7commission are given.
SB400,29,128 8. The executive committee may convene in a closed, nonpublic meeting for the
9same reasons that the commission may convene in a nonpublic meeting as set forth
10in par. (d) 3. and shall announce the closed meeting as the commission is required
11to under par. (d) 4. and keep minutes of the closed meeting as the commission is
12required to under par. (d) 5.
SB400,29,2413 (g) Qualified immunity, defense, and indemnification. 1. The members,
14officers, executive director, employees and representatives of the commission shall
15be immune from suit and liability, both personally and in their official capacity, for
16any claim for damage to or loss of property or personal injury or other civil liability
17caused by or arising out of any actual or alleged act, error, or omission that occurred,
18or that the person against whom the claim is made had a reasonable basis for
19believing occurred within the scope of commission employment, duties or
20responsibilities; provided that nothing in this subdivision shall be construed to
21protect any such person from suit or liability for any damage, loss, injury, or liability
22caused by the intentional or willful or wanton misconduct of that person. The
23procurement of insurance of any type by the commission shall not in any way
24compromise or limit the immunity granted hereunder.
SB400,30,10
12. The commission shall defend any member, officer, executive director,
2employee, and representative of the commission in any civil action seeking to impose
3liability arising out of any actual or alleged act, error, or omission that occurred
4within the scope of commission employment, duties, or responsibilities, or as
5determined by the commission that the person against whom the claim is made had
6a reasonable basis for believing occurred within the scope of commission
7employment, duties, or responsibilities; provided that nothing herein shall be
8construed to prohibit that person from retaining their own counsel at their own
9expense; and provided further, that the actual or alleged act, error, or omission did
10not result from that person's intentional or willful or wanton misconduct.
SB400,30,1811 3. The commission shall indemnify and hold harmless any member, officer,
12executive director, employee, and representative of the commission for the amount
13of any settlement or judgment obtained against that person arising out of any actual
14or alleged act, error, or omission that occurred within the scope of commission
15employment, duties, or responsibilities, or that such person had a reasonable basis
16for believing occurred within the scope of commission employment, duties, or
17responsibilities, provided that the actual or alleged act, error, or omission did not
18result from the intentional or willful or wanton misconduct of that person.
SB400,30,2219 4. Venue is proper and judicial proceedings by or against the commission shall
20be brought solely and exclusively in a court of competent jurisdiction where the
21principal office of the commission is located. The commission may waive venue and
22jurisdictional defenses in any proceedings as authorized by commission rules.
SB400,30,2523 5. Nothing herein shall be construed as a limitation on the liability of any
24licensee for professional malpractice or misconduct, which shall be governed solely
25by any other applicable state laws.
SB400,31,4
16. Nothing herein shall be construed to designate the venue or jurisdiction to
2bring actions for alleged acts of malpractice, professional misconduct, negligence, or
3other such civil action pertaining to the practice of a PA. All such matters shall be
4determined exclusively by state law other than this compact.
SB400,31,85 7. Nothing in this compact shall be interpreted to waive or otherwise abrogate
6a participating state's state action immunity or state action affirmative defense with
7respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
8or federal antitrust or anticompetitive law or regulation.
SB400,31,109 8. Nothing in this compact shall be construed to be a waiver of sovereign
10immunity by the participating states or by the commission.
SB400,31,15 11(8) Data system. (a) The commission shall provide for the development,
12maintenance, operation, and utilization of a coordinated data and reporting system
13containing licensure, adverse action, and the reporting of the existence of significant
14investigative information on all licensed PAs and applicants denied a license in
15participating states.
SB400,31,1916 (b) Notwithstanding any other state law to the contrary, a participating state
17shall submit a uniform data set to the data system on all PAs to whom this compact
18is applicable (utilizing a unique identifier) as required by the rules of the
19commission, including:
SB400,31,2020 1. Identifying information;
SB400,31,2121 2. Licensure data;
SB400,31,2222 3. Adverse actions against a license or compact privilege;
SB400,31,2523 4. Any denial of application for licensure, and the reason(s) for such denial
24(excluding the reporting of any criminal history record information where prohibited
25by law);
SB400,32,1
15. The existence of significant investigative information; and
SB400,32,32 6. Other information that may facilitate the administration of this compact, as
3determined by the rules of the commission.
SB400,32,54 (c) Significant investigative information pertaining to a licensee in any
5participating state shall only be available to other participating states.
SB400,32,96 (d) The commission shall promptly notify all participating states of any adverse
7action taken against a licensee or an individual applying for a license that has been
8reported to it. This adverse action information shall be available to any other
9participating state.
SB400,32,1410 (e) Participating states contributing information to the data system may, in
11accordance with state or federal law, designate information that may not be shared
12with the public without the express permission of the contributing state.
13Notwithstanding any such designation, such information shall be reported to the
14commission through the data system.
SB400,32,1815 (f) Any information submitted to the data system that is subsequently
16expunged pursuant to federal law or the laws of the participating state contributing
17the information shall be removed from the data system upon reporting of such by the
18participating state to the commission.
SB400,32,2319 (g) The records and information provided to a participating state pursuant to
20this compact or through the data system, when certified by the commission or an
21agent thereof, shall constitute the authenticated business records of the commission,
22and shall be entitled to any associated hearsay exception in any relevant judicial,
23quasi-judicial or administrative proceedings in a participating state.
SB400,33,2 24(9) Rule making. (a) The commission shall exercise its rule-making powers
25pursuant to the criteria set forth in this subsection and the rules adopted thereunder.

1Commission rules shall become binding as of the date specified by the commission
2for each rule.
SB400,33,93 (b) The commission shall promulgate reasonable rules in order to effectively
4and efficiently implement and administer this compact and achieve its purposes. A
5commission rule shall be invalid and have not force or effect only if a court of
6competent jurisdiction holds that the rule is invalid because the commission
7exercised its rule-making authority in a manner that is beyond the scope of the
8purposes of this compact, or the powers granted hereunder, or based upon another
9applicable standard of review.
SB400,33,1410 (c) The rules of the commission shall have the force of law in each participating
11state, provided however that where the rules of the commission conflict with the laws
12of the participating state that establish the medical services a PA may perform in the
13participating state, as held by a court of competent jurisdiction, the rules of the
14commission shall be ineffective in that state to the extent of the conflict.
SB400,33,1915 (d) If a majority of the legislatures of the participating states rejects a
16commission rule, by enactment of a statute or resolution in the same manner used
17to adopt this compact within four (4) years of the date of adoption of the rule, then
18such rule shall have no further force and effect in any participating state or to any
19state applying to participate in the compact.
SB400,33,2120 (e) Commission rules shall be adopted at a regular or special meeting of the
21commission.
SB400,33,2522 (f) Prior to promulgation and adoption of a final rule or rules by the commission,
23and at least thirty (30) days in advance of the meeting at which the rule will be
24considered and voted upon, the commission shall file a notice of proposed rule
25making:
SB400,34,1
11. On the website of the commission or other publicly accessible platform; and
SB400,34,32 2. To persons who have requested notice of the commission's notices of proposed
3rule making, and
SB400,34,44 3. In such other way(s) as the commission may by rule specify.
SB400,34,55 (g) The notice of proposed rule making shall include:
SB400,34,86 1. The time, date, and location of the public hearing on the proposed rule and
7the proposed time, date and location of the meeting in which the proposed rule will
8be considered and voted upon;
SB400,34,99 2. The text of the proposed rule and the reason for the proposed rule;
SB400,34,1110 3. A request for comments on the proposed rule from any interested person and
11the date by which written comments must be received; and
SB400,34,1412 4. The manner in which interested persons may submit notice to the
13commission of their intention to attend the public hearing or provide any written
14comments.
SB400,34,1715 (h) Prior to adoption of a proposed rule, the commission shall allow persons to
16submit written data, facts, opinions, and arguments, which shall be made available
17to the public.
SB400,34,1918 (i) If the hearing is to be held via electronic means, the commission shall
19publish the mechanism for access to the electronic hearing.
SB400,34,2320 1. All persons wishing to be heard at the hearing shall as directed in the notice
21of proposed rule making, not less than five (5) business days before the scheduled
22date of the hearing, notify the commission of their desire to appear and testify at the
23hearing.
SB400,34,2524 2. Hearings shall be conducted in a manner providing each person who wishes
25to comment a fair and reasonable opportunity to comment orally or in writing.
SB400,35,3
13. All hearings shall be recorded. A copy of the recording and the written
2comments, data, facts, opinions, and arguments received in response to the proposed
3rule making shall be made available to a person upon request.
SB400,35,64 4. Nothing in this subsection shall be construed as requiring a separate hearing
5on each proposed rule. Proposed rules may be grouped for the convenience of the
6commission at hearings required by this subsection.
SB400,35,87 (j) Following the public hearing the commission shall consider all written and
8oral comments timely received.
SB400,35,119 (k) The commission shall, by majority vote of all delegates, take final action on
10the proposed rule and shall determine the effective date of the rule, if adopted, based
11on the rule-making record and the full text of the rule.
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