5-54.1-7. 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.

(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:

(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.

(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.

(3) Notwithstanding subsection (b)(2) of this section, 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.

(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.

(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.

(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.

(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.

(2) Participating states shall share any investigative, litigation, or compliance materials in

furtherance of any joint or individual investigation initiated under this compact.

(g) If an adverse action is taken against a PA’s qualifying license, the PA’s compact

privilege in all remote states shall be deactivated until two (2) years have elapsed after all

restrictions have been removed from the state license. All disciplinary orders by the participating

state which issued the qualifying license that impose adverse action against a PA’s license shall

include a statement that the PA’s compact privilege is deactivated in all participating states during

the pendency of the order.

(h) If any participating state takes adverse action, it promptly shall notify the administrator

of the data system.