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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.
SB400,35,1212 1. If adopted, the rule shall be posted on the commission's website.
SB400,35,1413 2. The commission may adopt changes to the proposed rule provided the
14changes do not enlarge the original purpose of the proposed rule.
SB400,35,1715 3. The commission shall provide on its website an explanation of the reasons
16for substantive changes made to the proposed rule as well as reasons for substantive
17changes not made that were recommended by commenters.
SB400,35,2118 4. The commission shall determine a reasonable effective date for the rule.
19Except for an emergency as provided in par. (L), the effective date of the rule shall
20be no sooner than thirty (30) days after the commission issued the notice that it
21adopted the rule.
SB400,36,422 (L) Upon determination that an emergency exists, the commission may
23consider and adopt an emergency rule with twenty-four (24) hours prior notice,
24without the opportunity for comment, or hearing, provided that the usual
25rule-making procedures provided in this compact and in this subsection shall be

1retroactively applied to the rule as soon as reasonably possible, in no event later than
2ninety (90) days after the effective date of the rule. For the purposes of this provision,
3an emergency rule is one that must be adopted immediately by the commission in
4order to:
SB400,36,55 1. Meet an imminent threat to public health, safety, or welfare;
SB400,36,66 2. Prevent a loss of commission or participating state funds;
SB400,36,87 3. Meet a deadline for the promulgation of a commission rule that is established
8by federal law or rule; or
SB400,36,99 4. Protect public health and safety.
SB400,36,2010 (m) The commission or an authorized committee of the commission may direct
11revisions to a previously adopted commission rule for purposes of correcting
12typographical errors, errors in format, errors in consistency, or grammatical errors.
13Public notice of any revisions shall be posted on the website of the commission. The
14revision shall be subject to challenge by any person for a period of thirty (30) days
15after posting. The revision may be challenged only on grounds that the revision
16results in a material change to a rule. A challenge shall be made as set forth in the
17notice of revisions and delivered to the commission prior to the end of the notice
18period. If no challenge is made, the revision will take effect without further action.
19If the revision is challenged, the revision may not take effect without the approval
20of the commission.
SB400,36,2221 (n) No participating state's rule-making requirements shall apply under this
22compact.
SB400,37,2 23(10) Oversight, dispute resolution, and enforcement. (a) Oversight. 1. The
24executive and judicial branches of state government in each participating state shall

1enforce this compact and take all actions necessary and appropriate to implement
2the compact.
SB400,37,93 2. Venue is proper and judicial proceedings by or against the commission shall
4be brought solely and exclusively in a court of competent jurisdiction where the
5principal office of the commission is located. The commission may waive venue and
6jurisdictional defenses to the extent it adopts or consents to participate in alternative
7dispute resolution proceedings. Nothing herein shall affect or limit the selection or
8propriety of venue in any action against a licensee for professional malpractice,
9misconduct or any such similar matter.
SB400,37,1510 3. The commission shall be entitled to receive service of process in any
11proceeding regarding the enforcement or interpretation of the compact or the
12commission's rules and shall have standing to intervene in such a proceeding for all
13purposes. Failure to provide the commission with service of process shall render a
14judgment or order in such proceeding void as to the commission, this compact, or
15commission rules.
SB400,37,2216 (b) Default, technical assistance, and termination. 1. If the commission
17determines that a participating state has defaulted in the performance of its
18obligations or responsibilities under this compact or the commission rules, the
19commission shall provide written notice to the defaulting state and other
20participating states. The notice shall describe the default, the proposed means of
21curing the default and any other action that the commission may take and shall offer
22remedial training and specific technical assistance regarding the default.
SB400,38,323 2. If a state in default fails to cure the default, the defaulting state may be
24terminated from this compact upon an affirmative vote of a majority of the delegates
25of the participating states, and all rights, privileges and benefits conferred by this

1compact upon such state may be terminated on the effective date of termination. A
2cure of the default does not relieve the offending state of obligations or liabilities
3incurred during the period of default.
SB400,38,84 3. Termination of participation in this compact shall be imposed only after all
5other means of securing compliance have been exhausted. Notice of intent to
6suspend or terminate shall be given by the commission to the governor, the majority
7and minority leaders of the defaulting state's legislature, and to the licensing
8board(s) of each of the participating states.
SB400,38,119 4. A state that has been terminated is responsible for all assessments,
10obligations, and liabilities incurred through the effective date of termination,
11including obligations that extend beyond the effective date of termination.
SB400,38,1412 5. The commission shall not bear any costs related to a state that is found to
13be in default or that has been terminated from this compact, unless agreed upon in
14writing between the commission and the defaulting state.
SB400,38,1915 6. The defaulting state may appeal its termination from the compact by the
16commission by petitioning the U.S. District Court for the District of Columbia or the
17federal district where the commission has its principal offices. The prevailing
18member shall be awarded all costs of such litigation, including reasonable attorney's
19fees.
SB400,38,2120 7. Upon the termination of a state's participation in the compact, the state shall
21immediately provide notice to all licensees within that state of such termination:
SB400,38,2422 a. Licensees who have been granted a compact privilege in that state shall
23retain the compact privilege for one hundred eighty (180) days following the effective
24date of such termination.
SB400,39,5
1b. Licensees who are licensed in that state who have been granted a compact
2privilege in a participating state shall retain the compact privilege for one hundred
3eighty (180) days unless the licensee also has a qualifying license in a participating
4state or obtains a qualifying license in a participating state before the one hundred
5eighty (180)-day period ends, in which case the compact privilege shall continue.
SB400,39,86 (c) Dispute resolution. 1. Upon request by a participating state, the commission
7shall attempt to resolve disputes related to this compact that arise among
8participating states and between participating and nonparticipating states.
SB400,39,109 2. The commission shall promulgate a rule providing for both mediation and
10binding dispute resolution for disputes as appropriate.
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