AB410,,137 2. Hold current NCCPA certification.

AB410,,138 3. Have no felony or misdemeanor conviction.

AB410,,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.

AB410,,140 5. Have a unique identifier as determined by commission rule.

AB410,,141 6. Hold a qualifying license.

AB410,,142 7. Have had no revocation of a license or limitation or restriction on any license currently held due to an adverse action.

AB410,,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.

AB410,,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 If a compact privilege has been revoked or is limited or restricted in a participating state for conduct that would not be a basis for disciplinary action in a participating state in which the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.

AB410,,145 10. Notify the compact commission that the licensee is seeking the compact privilege in a remote state.

AB410,,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.

AB410,,147 12. Report to the commission any adverse action taken by a nonparticipating state within thirty (30) days after the action is taken.

AB410,,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:

AB410,,149 1. The license is no longer limited or restricted; and

AB410,,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.

AB410,,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.

AB410,,152 (d) For each remote state in which a PA seeks authority to prescribe controlled substances, the PA shall satisfy all requirements imposed by such state in granting or renewing such authority.

AB410,,153 (5) Designation of the state from which licensee is applying for a compact privilege. (a) Upon a licensee’s application for a compact privilege, the licensee shall identify to the commission the participating state from which the licensee is applying, in accordance with applicable rules adopted by the commission, and subject to the following requirements:

AB410,,154 1. When applying for a compact privilege, the licensee shall provide the commission with the address of the licensee’s primary residence and thereafter shall immediately report to the commission any change in the address of the licensee’s primary residence.

AB410,,155 2. When applying for a compact privilege, the licensee is required to consent to accept service of process by mail at the licensee’s primary residence on file with the commission with respect to any action brought against the licensee by the commission or a participating state, including a subpoena, with respect to any action brought or investigation conducted by the commission or a participating state.

AB410,,156 (6) Adverse actions. (a) A participating state in which a licensee is licensed shall have exclusive power to impose adverse action against the qualifying license issued by that participating state.

AB410,,157 (b) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to do all of the following:

AB410,,158 1. Take adverse action against a PA’s compact privilege within that state to remove a licensee’s compact privilege or take other action necessary under applicable law to protect the health and safety of its citizens.

AB410,,159 2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a participating state for the attendance and testimony of witnesses or the production of evidence from another participating state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.

AB410,,160 3. Notwithstanding subd. 2., subpoenas may not be issued by a participating state to gather evidence of conduct in another state that is lawful in that other state for the purpose of taking adverse action against a licensee’s compact privilege or application for a compact privilege in that participating state.

AB410,,161 4. Nothing in this compact authorizes a participating state to impose discipline against a PA’s compact privilege or to deny an application for a compact privilege in that participating state for the individual’s otherwise lawful practice in another state.

AB410,,162 (c) For purposes of taking adverse action, the participating state which issued the qualifying license shall give the same priority and effect to reported conduct received from any other participating state as it would if the conduct had occurred within the participating state which issued the qualifying license. In so doing, that participating state shall apply its own state laws to determine appropriate action.

AB410,,163 (d) A participating state, if otherwise permitted by state law, may recover from the affected PA the costs of investigations and disposition of cases resulting from any adverse action taken against that PA.

AB410,,164 (e) A participating state may take adverse action based on the factual findings of a remote state, provided that the participating state follows its own procedures for taking the adverse action.

AB410,,165 (f) Joint investigations. 1. In addition to the authority granted to a participating state by its respective state PA laws and regulations or other applicable state law, any participating state may participate with other participating states in joint investigations of licensees.