5-54.1-8. Establishment of the PA licensure compact commission.

(a) The participating states hereby create and establish a joint government agency and

national administrative body known as the PA licensure compact commission. The commission is

an instrumentality of the compact states acting jointly and not an instrumentality of any one state.

The commission shall come into existence on or after the effective date of the compact as set forth

in § 5-54.1-11(a).

(b) Membership, voting, and meetings.

(1) Each participating state shall have and be limited to one delegate selected by that

participating state’s licensing board or, if the state has more than one licensing board, selected

collectively by the participating state’s licensing boards.

(2) The delegate shall be either:

(ii) An administrator of a licensing board.

(3) Any delegate may be removed or suspended from office as provided by the laws of the

state from which the delegate is appointed.

(4) The participating state licensing board shall fill any vacancy occurring in the

commission within sixty (60) days.

(5) Each delegate shall be entitled to one vote on all matters voted on by the commission

and shall otherwise have an opportunity to participate in the business and affairs of the commission.

A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may

provide for delegates’ participation in meetings by telecommunications, video conference, or other

means of communication.

(6) The commission shall meet at least once during each calendar year. Additional meetings

shall be held as set forth in this compact and the bylaws.

(7) The commission shall establish by rule a term of office for delegates.

(c) The commission shall have the following powers and duties:

(1) Establish a code of ethics for the commission;

(2) Establish the fiscal year of the commission;

(3) Establish fees;

(4) Establish bylaws;

(5) Maintain its financial records in accordance with the bylaws;

(6) Meet and take such actions as are consistent with the provisions of this compact and

the bylaws;

(7) Promulgate rules to facilitate and coordinate implementation and administration of this

compact. The rules shall have the force and effect of law and shall be binding in all participating

states;

(8) Bring and prosecute legal proceedings or actions in the name of the commission,

provided that the standing of any state licensing board to sue or be sued under applicable law shall

not be affected;

(9) Purchase and maintain insurance and bonds;

(10) Borrow, accept, or contract for services of personnel including, but not limited to,

employees of a participating state;

(11) Hire employees and engage contractors, elect or appoint officers, fix compensation,

define duties, grant such individuals appropriate authority to carry out the purposes of this compact,

and establish the commission’s personnel policies and programs relating to conflicts of interest,

qualifications of personnel, and other related personnel matters;

(12) Accept any and all appropriate donations and grants of money, equipment, supplies,

materials and services, and receive, utilize and dispose of the same; provided that at all times the

commission shall avoid any appearance of impropriety or conflict of interest;

(13) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,

improve or use, any property, real, personal or mixed; provided that at all times the commission

shall avoid any appearance of impropriety;

(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any

property real, personal, or mixed;

(15) Establish a budget and make expenditures;

(16) Borrow money;

(17) Appoint committees, including standing committees composed of members, state

regulators, state legislators or their representatives, and consumer representatives, and such other

interested persons as may be designated in this compact and the bylaws;

(18) Provide and receive information from, and cooperate with, law enforcement agencies;

(19) Elect a chair, vice chair, secretary and treasurer and such other officers of the

commission as provided in the commission’s bylaws;

(20) Reserve for itself, in addition to those reserved exclusively to the commission under

the compact, powers that the executive committee may not exercise;

(21) Approve or disapprove a state’s participation in the compact based upon its

determination as to whether the state’s compact legislation departs in a material manner from the

model compact language;

(22) Prepare and provide to the participating states an annual report; and

(23) Perform such other functions as may be necessary or appropriate to achieve the

purposes of this compact consistent with the state regulation of PA licensure and practice.

(d) Meetings of the commission.

(1) All meetings of the commission that are not closed pursuant to this subsection shall be

open to the public. Notice of public meetings shall be posted on the commission’s website at least

thirty (30) days prior to the public meeting.

(2) Notwithstanding subsection (d)(1) of this section, the commission may convene a

public meeting by providing at least twenty-four (24) hours prior notice on the commission’s

website, and any other means as provided in the commission’s rules, for any of the reasons it may

dispense with notice of proposed rulemaking under § 5-54.1-9(l).

(3) The commission may convene in a closed, non-public meeting or non-public part of a

public meeting to receive legal advice or to discuss:

(i) Non-compliance of a participating state with its obligations under this compact;

(ii) The employment, compensation, discipline or other matters, practices or procedures

related to specific employees or other matters related to the commission’s internal personnel

practices and procedures;

(iii) Current, threatened, or reasonably anticipated litigation;

(iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real

estate;

(v) Accusing any person of a crime or formally censuring any person;

(vi) Disclosure of trade secrets or commercial or financial information that is privileged or

confidential;

(vii) Disclosure of information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

(viii) Disclosure of investigative records compiled for law enforcement purposes;

(ix) Disclosure of information related to any investigative reports prepared by or on behalf

of or for use of the commission or other committee charged with responsibility of investigation or

determination of compliance issues pursuant to this compact;

(x) Legal advice; or

(xi) Matters specifically exempted from disclosure by federal or participating states’

statutes.

(4) If a meeting, or portion of a meeting, is closed pursuant to this provision, the chair of

the meeting or the chair’s designee shall certify that the meeting or portion of the meeting may be

closed and shall reference each relevant exempting provision.

(5) The commission shall keep minutes that fully and clearly describe all matters discussed

in a meeting and shall provide a full and accurate summary of actions taken, including a description

of the views expressed. All documents considered in connection with an action shall be identified

in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject

to release by a majority vote of the commission or order of a court of competent jurisdiction.

(e) Financing of the commission.

(1) The commission shall pay, or provide for the payment of, the reasonable expenses of

its establishment, organization, and ongoing activities.

(2) The commission may accept any and all appropriate revenue sources, donations, and

grants of money, equipment, supplies, materials, and services.

(3) The commission may levy on and collect an annual assessment from each participating

state and may impose compact privilege fees on licensees of participating states to whom a compact

privilege is granted to cover the cost of the operations and activities of the commission and its staff,

which must be in a total amount sufficient to cover its annual budget as approved by the commission

each year for which revenue is not provided by other sources. The aggregate annual assessment

amount levied on participating states shall be allocated based upon a formula to be determined by

commission rule.

(i) A compact privilege expires when the licensee’s qualifying license in the participating

state from which the licensee applied for the compact privilege expires.

(ii) If the licensee terminates the qualifying license through which the licensee applied for

the compact privilege before its scheduled expiration, and the licensee has a qualifying license in

another participating state, the licensee shall inform the commission that it is changing to that

participating state the participating state through which it applies for a compact privilege and pay

to the commission any compact privilege fee required by commission rule.

(4) The commission shall not incur obligations of any kind prior to securing the funds

adequate to meet the same; nor shall the commission pledge the credit of any of the participating

states, except by and with the authority of the participating state.

(5) The commission shall keep accurate accounts of all receipts and disbursements. The

receipts and disbursements of the commission shall be subject to the financial review and

accounting procedures established under its bylaws. All receipts and disbursements of funds

handled by the commission shall be subject to an annual financial review by a certified or licensed

public accountant, and the report of the financial review shall be included in and become part of

the annual report of the commission.

(f) The executive committee.

(1) The executive committee shall have the power to act on behalf of the commission

according to the terms of this compact and commission rules.

(2) The executive committee shall be composed of nine (9) members:

(i) Seven (7) voting members who are elected by the commission from the current

membership of the commission;

(ii) One ex-officio, nonvoting member from a recognized national PA professional

association; and

(iii) One ex-officio, nonvoting member from a recognized national PA certification

organization.

(3) The ex-officio members will be selected by their respective organizations.

(4) The commission may remove any member of the executive committee as provided in

its bylaws.

(5) The executive committee shall meet at least annually.

(6) The executive committee shall have the following duties and responsibilities:

(i) Recommend to the commission changes to the commission’s rules or bylaws, changes

to this compact legislation, fees to be paid by compact participating states such as annual dues, and

any commission compact fee charged to licensees for the compact privilege;

(ii) Ensure compact administration services are appropriately provided, contractual or

otherwise;

(iii) Prepare and recommend the budget;

(iv) Maintain financial records on behalf of the commission;

(v) Monitor compact compliance of participating states and provide compliance reports to

the commission.

(vi) Establish additional committees as necessary;

(vii) Exercise the powers and duties of the commission during the interim between

commission meetings, except for issuing proposed rulemaking or adopting commission rules or

bylaws, or exercising any other powers and duties exclusively reserved to the commission by the

commission’s rules; and

(viii) Perform other duties as provided in the commission’s rules or bylaws.

(7) All meetings of the executive committee at which it votes or plans to vote on matters

in exercising the powers and duties of the commission shall be open to the public and public notice

of such meetings shall be given as public meetings of the commission are given.

(8) The executive committee may convene in a closed, non-public meeting for the same

reasons that the commission may convene in a non-public meeting as set forth in subsection (d)(3)

of this section and shall announce the closed meeting as the commission is required to under

subsection (d)(4) of this section and keep minutes of the closed meeting as the commission is

required to under section subsection (d)(5) of this section.

(g) Qualified immunity, defense, and indemnification.

(1) The members, officers, executive director, employees and representatives of the

commission shall be immune from suit and liability, both personally and in their official capacity,

for any claim for damage to or loss of property or personal injury or other civil liability caused by

or arising out of any actual or alleged act, error, or omission that occurred, or that the person against

whom the claim is made had a reasonable basis for believing occurred within the scope of

commission employment, duties or responsibilities; provided that nothing in this paragraph shall

be construed to protect any such person from suit or liability for any damage, loss, injury, or liability

caused by the intentional or willful or wanton misconduct of that person. The procurement of

insurance of any type by the commission shall not in any way compromise or limit the immunity

granted hereunder.

(2) The commission shall defend any member, officer, executive director, employee, and

representative of the commission in any civil action seeking to impose liability arising out of any

actual or alleged act, error, or omission that occurred within the scope of commission employment,

duties, or responsibilities, or as determined by the commission that the person against whom the

claim is made had a reasonable basis for believing occurred within the scope of commission

employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit

that person from retaining their own counsel at their own expense; and provided further, that the

actual or alleged act, error, or omission did not result from that person’s intentional or willful or

wanton misconduct.

(3) The commission shall indemnify and hold harmless any member, officer, executive

director, employee, and representative of the commission for the amount of any settlement or

judgment obtained against that person arising out of any actual or alleged act, error, or omission

that occurred within the scope of commission employment, duties, or responsibilities, or that such

person had a reasonable basis for believing occurred within the scope of commission employment,

duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result

from the intentional or willful or wanton misconduct of that person.

(4) Venue is proper and judicial proceedings by or against the commission shall be brought

solely and exclusively in a court of competent jurisdiction where the principal office of the

commission is located. The commission may waive venue and jurisdictional defenses in any

proceedings as authorized by commission rules.

(5) Nothing herein shall be construed as a limitation on the liability of any licensee for

professional malpractice or misconduct, which shall be governed solely by any other applicable

state laws.

(6) Nothing herein shall be construed to designate the venue or jurisdiction to bring actions

for alleged acts of malpractice, professional misconduct, negligence, or other such civil action

pertaining to the practice of a PA. All such matters shall be determined exclusively by state law

other than this compact.

(7) Nothing in this compact shall be interpreted to waive or otherwise abrogate a

participating state’s state action immunity or state action affirmative defense with respect to

antitrust claims under 15 USC 1 et seq. (Sherman Act), as amended from time to time, 15 USC 12-

27 (Clayton Act), as amended from time to time, or any other state or federal antitrust or

anticompetitive law or regulation.

(8) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the

participating states or by the commission.