Chapter 448

448.988(10)(b)6. 6. The defaulting state may appeal its termination from the compact by the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

448.988(10)(b)7. 7. Upon the termination of a state’s participation in the compact, the state shall immediately provide notice to all licensees within that state of such termination:

448.988(10)(b)7.a. a. Licensees who have been granted a compact privilege in that state shall retain the compact privilege for one hundred eighty (180) days following the effective date of such termination.

448.988(10)(b)7.b. b. Licensees who are licensed in that state who have been granted a compact privilege in a participating state shall retain the compact privilege for one hundred eighty (180) days unless the licensee also has a qualifying license in a participating state or obtains a qualifying license in a participating state before the one hundred eighty (180)-day period ends, in which case the compact privilege shall continue.

448.988(10)(c) (c) Dispute resolution.

448.988(10)(c)1. 1. Upon request by a participating state, the commission shall attempt to resolve disputes related to this compact that arise among participating states and between participating and nonparticipating states.

448.988(10)(c)2. 2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

448.988(10)(d) (d) Enforcement.

448.988(10)(d)1. 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and rules of the commission.

448.988(10)(d)2. 2. If compliance is not secured after all means to secure compliance have been exhausted, by majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices, against a participating state in default to enforce compliance with the provisions of this compact and the commission’s promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

448.988(10)(d)3. 3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

448.988(10)(e) (e) Legal action against the commission.

448.988(10)(e)1. 1. A participating state may initiate legal action against the commission in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

448.988(10)(e)2. 2. No person other than a participating state shall enforce this compact against the commission.

448.988(11) (11) Date of implementation of the PA licensure compact commission.

448.988(11)(a) (a) This compact shall come into effect on the date on which this compact statute is enacted into law in the seventh participating state.

448.988(11)(a)1. 1. On or after the effective date of the compact, the commission shall convene and review the enactment of each of the states that enacted the compact prior to the commission convening (“charter participating states”) to determine if the statute enacted by each such charter participating state is materially different than the model compact.

448.988(11)(a)1.a. a. A charter participating state whose enactment is found to be materially different from the model compact shall be entitled to the default process set forth in sub. (10) (b).

448.988(11)(a)1.b. b. If any participating state later withdraws from the compact or its participation is terminated, the commission shall remain in existence and the compact shall remain in effect even if the number of participating states should be less than seven. Participating states enacting the compact subsequent to the commission convening shall be subject to the process set forth in sub. (7) (c) 21. to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.

448.988(11)(a)2. 2. Participating states enacting the compact subsequent to the seven initial charter participating states shall be subject to the process set forth in sub. (7) (c) 21. to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.

448.988(11)(a)3. 3. All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.

448.988(11)(b) (b) Any state that joins this compact shall be subject to the commission’s rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state.

448.988(11)(c) (c) Any participating state may withdraw from this compact by enacting a statute repealing the same.

448.988(11)(c)1. 1. A participating state’s withdrawal shall not take effect until one hundred eighty (180) days after enactment of the repealing statute. During this one hundred eighty (180) day-period, all compact privileges that were in effect in the withdrawing state and were granted to licensees licensed in the withdrawing state shall remain in effect. If any licensee licensed in the withdrawing state is also licensed in another participating state or obtains a license in another participating state within the one hundred eighty (180) days, the licensee’s compact privileges in other participating states shall not be affected by the passage of the one hundred eighty (180) days.

448.988(11)(c)2. 2. Withdrawal shall not affect the continuing requirement of the state licensing board(s) of the withdrawing state to comply with the investigative, and adverse action reporting requirements of this compact prior to the effective date of withdrawal.

448.988(11)(c)3. 3. Upon the enactment of a statute withdrawing a state from this compact, the state shall immediately provide notice of such withdrawal to all licensees within that state. Such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of one hundred eighty (180) days after the date of such notice of withdrawal.

448.988(11)(d) (d) Nothing contained in this compact shall be construed to invalidate or prevent any PA licensure agreement or other cooperative arrangement between participating states and between a participating state and nonparticipating state that does not conflict with the provisions of this compact.

448.988(11)(e) (e) This compact may be amended by the participating states. No amendment to this compact shall become effective and binding upon any participating state until it is enacted materially in the same manner into the laws of all participating states as determined by the commission.

448.988(12) (12) Construction and severability.

448.988(12)(a) (a) This compact and the commission’s rule-making authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission’s rule-making authority solely for those purposes.

448.988(12)(b) (b) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.

448.988(12)(c) (c) Notwithstanding par. (b) or this subsection, the commission may deny a state’s participation in the compact or, in accordance with the requirements of sub. (10) (b), terminate a participating state’s participation in the compact, if it determines that a constitutional requirement of a participating state is, or would be with respect to a state seeking to participate in the compact, a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any participating state, the compact shall remain in full force and effect as to the remaining participating states and in full force and effect as to the participating state affected as to all severable matters.

448.988(13) (13) Binding effect of compact.

448.988(13)(a) (a) Nothing herein prevents the enforcement of any other law of a participating state that is not inconsistent with this compact.

448.988(13)(b) (b) Any laws in a participating state in conflict with this compact are superseded to the extent of the conflict.

448.988(13)(c) (c) All agreements between the commission and the participating states are binding in accordance with their terms.

448.988 History History: 2023 a. 81.

448.9885 448.9885 Implementation of the PA licensure compact.

448.9885(1) (1) In this section:

448.9885(1)(a) (a) “Board” means the physician assistant affiliated credentialing board.

448.9885(1)(b) (b) “Compact” means the PA licensure compact under s. 448.988.

448.9885(1)(c) (c) “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.

448.9885(2) (2) The department may impose a fee for an individual to receive a compact privilege as provided in s. 448.988 (3) (b).

448.9885(3) (3) 

448.9885(3)(a) (a) An individual who holds a compact privilege shall comply with s. 440.03 (13) (am).

448.9885(3)(b) (b) Subject to s. 448.988 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who holds a compact privilege in the same manner that they apply to holders of licenses issued under subch. IX.

448.9885 History History: 2023 a. 81.