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.
SB400,39,1211 (d) Enforcement. 1. The commission, in the reasonable exercise of its
12discretion, shall enforce the provisions of this compact and rules of the commission.
SB400,39,2013 2. If compliance is not secured after all means to secure compliance have been
14exhausted, by majority vote, the commission may initiate legal action in the United
15States District Court for the District of Columbia or the federal district where the
16commission has its principal offices, against a participating state in default to
17enforce compliance with the provisions of this compact and the commission's
18promulgated rules and bylaws. The relief sought may include both injunctive relief
19and damages. In the event judicial enforcement is necessary, the prevailing party
20shall be awarded all costs of such litigation, including reasonable attorney's fees.
SB400,39,2221 3. The remedies herein shall not be the exclusive remedies of the commission.
22The commission may pursue any other remedies available under federal or state law.
SB400,40,423 (e) Legal action against the commission. 1. A participating state may initiate
24legal action against the commission in the U.S. District Court for the District of
25Columbia or the federal district where the commission has its principal offices to

1enforce compliance with the provisions of the compact and its rules. The relief sought
2may include both injunctive relief and damages. In the event judicial enforcement
3is necessary, the prevailing party shall be awarded all costs of such litigation,
4including reasonable attorney's fees.
SB400,40,65 2. No person other than a participating state shall enforce this compact against
6the commission.
SB400,40,9 7(11) Date of implementation of the PA licensure compact commission. (a)
8This compact shall come into effect on the date on which this compact statute is
9enacted into law in the seventh participating state.
SB400,40,1410 1. On or after the effective date of the compact, the commission shall convene
11and review the enactment of each of the states that enacted the compact prior to the
12commission convening (“charter participating states”) to determine if the statute
13enacted by each such charter participating state is materially different than the
14model compact.
SB400,40,1715 a. A charter participating state whose enactment is found to be materially
16different from the model compact shall be entitled to the default process set forth in
17sub. (10) (b).
SB400,40,2418 b. If any participating state later withdraws from the compact or its
19participation is terminated, the commission shall remain in existence and the
20compact shall remain in effect even if the number of participating states should be
21less than seven. Participating states enacting the compact subsequent to the
22commission convening shall be subject to the process set forth in sub. (7) (c) 21. to
23determine if their enactments are materially different from the model compact and
24whether they qualify for participation in the compact.
SB400,41,4
12. Participating states enacting the compact subsequent to the seven initial
2charter participating states shall be subject to the process set forth in sub. (7) (c) 21.
3to determine if their enactments are materially different from the model compact
4and whether they qualify for participation in the compact.
SB400,41,85 3. All actions taken for the benefit of the commission or in furtherance of the
6purposes of the administration of the compact prior to the effective date of the
7compact or the commission coming into existence shall be considered to be actions
8of the commission unless specifically repudiated by the commission.
SB400,41,129 (b) Any state that joins this compact shall be subject to the commission's rules
10and bylaws as they exist on the date on which this compact becomes law in that state.
11Any rule that has been previously adopted by the commission shall have the full force
12and effect of law on the day this compact becomes law in that state.
SB400,41,1413 (c) Any participating state may withdraw from this compact by enacting a
14statute repealing the same.
SB400,41,2215 1. A participating state's withdrawal shall not take effect until one hundred
16eighty (180) days after enactment of the repealing statute. During this one hundred
17eighty (180) day-period, all compact privileges that were in effect in the withdrawing
18state and were granted to licensees licensed in the withdrawing state shall remain
19in effect. If any licensee licensed in the withdrawing state is also licensed in another
20participating state or obtains a license in another participating state within the one
21hundred eighty (180) days, the licensee's compact privileges in other participating
22states shall not be affected by the passage of the one hundred eighty (180) days.
SB400,42,223 2. Withdrawal shall not affect the continuing requirement of the state licensing
24board(s) of the withdrawing state to comply with the investigative, and adverse

1action reporting requirements of this compact prior to the effective date of
2withdrawal.
SB400,42,73 3. Upon the enactment of a statute withdrawing a state from this compact, the
4state shall immediately provide notice of such withdrawal to all licensees within that
5state. Such withdrawing state shall continue to recognize all licenses granted
6pursuant to this compact for a minimum of one hundred eighty (180) days after the
7date of such notice of withdrawal.
SB400,42,118 (d) Nothing contained in this compact shall be construed to invalidate or
9prevent any PA licensure agreement or other cooperative arrangement between
10participating states and between a participating state and nonparticipating state
11that does not conflict with the provisions of this compact.
SB400,42,1512 (e) This compact may be amended by the participating states. No amendment
13to this compact shall become effective and binding upon any participating state until
14it is enacted materially in the same manner into the laws of all participating states
15as determined by the commission.
SB400,42,20 16(12) Construction and severability. (a) This compact and the commission's
17rule-making authority shall be liberally construed so as to effectuate the purposes,
18and the implementation and administration of the compact. Provisions of the
19compact expressly authorizing or requiring the promulgation of rules shall not be
20construed to limit the commission's rule-making authority solely for those purposes.
SB400,43,321 (b) The provisions of this compact shall be severable and if any phrase, clause,
22sentence or provision of this compact is held by a court of competent jurisdiction to
23be contrary to the constitution of any participating state, a state seeking
24participation in the compact, or of the United States, or the applicability thereof to
25any government, agency, person or circumstance is held to be unconstitutional by a

1court of competent jurisdiction, the validity of the remainder of this compact and the
2applicability thereof to any other government, agency, person or circumstance shall
3not be affected thereby.
SB400,43,124 (c) Notwithstanding par. (b) or this subsection, the commission may deny a
5state's participation in the compact or, in accordance with the requirements of sub.
6(10) (b), terminate a participating state's participation in the compact, if it
7determines that a constitutional requirement of a participating state is, or would be
8with respect to a state seeking to participate in the compact, a material departure
9from the compact. Otherwise, if this compact shall be held to be contrary to the
10constitution of any participating state, the compact shall remain in full force and
11effect as to the remaining participating states and in full force and effect as to the
12participating state affected as to all severable matters.
SB400,43,14 13(13) Binding effect of compact. (a) Nothing herein prevents the enforcement
14of any other law of a participating state that is not inconsistent with this compact.
SB400,43,1615 (b) Any laws in a participating state in conflict with this compact are
16superseded to the extent of the conflict.
SB400,43,1817 (c) All agreements between the commission and the participating states are
18binding in accordance with their terms.
SB400,43,20 19448.9885 Implementation of the PA licensure compact. (1) In this
20section:
SB400,43,2121 (a) “Board” means the physician assistant affiliated credentialing board.
SB400,43,2222 (b) “Compact” means the PA licensure compact under s. 448.988.
SB400,43,2423 (c) “Compact privilege” means a compact privilege, as defined in s. 448.988 (2)
24(b), that is granted under the compact to an individual to practice in this state.
SB400,44,2
1(2) The department may impose a fee for an individual to receive a compact
2privilege as provided in s. 448.988 (3) (b).
SB400,44,4 3(3) (a) An individual who holds a compact privilege shall comply with s. 440.03
4(13) (am).
SB400,44,85 (b) Subject to s. 448.988 and any rules promulgated thereunder, ss. 440.20 to
6440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
7holds a compact privilege in the same manner that they apply to holders of licenses
8issued under subch. IX.
SB400,41 9Section 41. 450.10 (3) (a) 5. of the statutes, as affected by 2021 Wisconsin Act
10251
, is amended to read:
SB400,44,1711 450.10 (3) (a) 5. A physician, physician assistant, podiatrist, physical
12therapist, physical therapist assistant, occupational therapist, occupational therapy
13assistant, or genetic counselor licensed under ch. 448, a physical therapist or
14physical therapist assistant who holds a compact privilege under subch. XI of ch. 448,
15or an occupational therapist or occupational therapy assistant who holds a compact
16privilege under subch. XII of ch. 448, or a physician assistant who holds a compact
17privilege under subch. XIII of ch. 448
.
SB400,42 18Section 42. 462.02 (2) (e) of the statutes is amended to read:
SB400,44,1919 462.02 (2) (e) A physician assistant licensed under s. 448.974.
SB400,43 20Section 43. 462.04 of the statutes, as affected by 2021 Wisconsin Act 251, is
21amended to read:
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