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(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.
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1. If adopted, the rule shall be posted on the commission's website.
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2. The commission may adopt changes to the proposed rule provided the
14changes do not enlarge the original purpose of the proposed rule.
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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.
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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.
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(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:
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1. Meet an imminent threat to public health, safety, or welfare;
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2. Prevent a loss of commission or participating state funds;
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3. Meet a deadline for the promulgation of a commission rule that is established
8by federal law or rule; or
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4. Protect public health and safety.
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(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.
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(n) No participating state's rule-making requirements shall apply under this
22compact.
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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.
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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.
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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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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.
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(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.
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2. The commission shall promulgate a rule providing for both mediation and
10binding dispute resolution for disputes as appropriate.
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(d)
Enforcement. 1. The commission, in the reasonable exercise of its
12discretion, shall enforce the provisions of this compact and rules of the commission.
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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.
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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.
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(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.
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2. No person other than a participating state shall enforce this compact against
6the commission.
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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.
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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.
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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).
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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.
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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.
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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.
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(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.
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(c) Any participating state may withdraw from this compact by enacting a
14statute repealing the same.
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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.
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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.
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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.
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(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.
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(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.
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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.
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(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.
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(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.
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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.
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(b) Any laws in a participating state in conflict with this compact are
16superseded to the extent of the conflict.
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(c) All agreements between the commission and the participating states are
18binding in accordance with their terms.
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19448.9885 Implementation of the PA licensure compact. (1) In this
20section:
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(a) “Board” means the physician assistant affiliated credentialing board.
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(b) “Compact” means the PA licensure compact under s. 448.988.
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(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.
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1(2) The department may impose a fee for an individual to receive a compact
2privilege as provided in s. 448.988 (3) (b).
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3(3) (a) An individual who holds a compact privilege shall comply with s. 440.03
4(13) (am).
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(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.
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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.
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18Section
42. 462.02 (2) (e) of the statutes is amended to read:
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462.02
(2) (e) A physician assistant
licensed under s. 448.974.
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22462.04 Prescription or order required. A person who holds a license or
23limited X-ray machine operator permit under this chapter may not use diagnostic
24X-ray equipment on humans for diagnostic purposes unless authorized to do so by
25prescription or order of a physician licensed under s. 448.04 (1) (a), a naturopathic
1doctor licensed under s. 466.04 (1), a dentist licensed under s. 447.04 (1), a podiatrist
2licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced
3practice nurse certified under s. 441.16 (2), a physician assistant
who is licensed
4under s. 448.974
or who holds a compact privilege under subch. XIII of ch. 448, or,
5subject to s. 448.56 (7) (a), a physical therapist who is licensed under s. 448.53 or who
6holds a compact privilege under subch. XI of ch. 448.
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7Section
44. 895.48 (1m) (a) (intro.) of the statutes is amended to read:
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895.48
(1m) (a) (intro.) Except as provided in par. (b), any physician,
9naturopathic doctor, physician assistant, podiatrist, or athletic trainer licensed
10under ch. 448,
physician assistant who is licensed under subch. IX of ch. 448 or who
11holds a compact privilege under subch. XIII of ch. 448, chiropractor licensed under
12ch. 446, dentist licensed under ch. 447, emergency medical services practitioner
13licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8),
14registered nurse licensed under ch. 441,
or a massage therapist or bodywork
15therapist licensed under ch. 460
, or naturopathic doctor licensed under ch. 466 who
16renders voluntary health care to a participant in an athletic event or contest
17sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school,
18as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public
19agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is
20immune from civil liability for his or her acts or omissions in rendering that care if
21all of the following conditions exist:
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22Section
45. 971.14 (4) (a) of the statutes is amended to read:
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971.14
(4) (a) The court shall cause copies of the report to be delivered forthwith
24to the district attorney and the defense counsel, or the defendant personally if not
25represented by counsel. Upon the request of the sheriff or jailer charged with care
1and control of the jail in which the defendant is being held pending or during a trial
2or sentencing proceeding, the court shall cause a copy of the report to be delivered
3to the sheriff or jailer. The sheriff or jailer may provide a copy of the report to the
4person who is responsible for maintaining medical records for inmates of the jail, or
5to a nurse
licensed under ch. 441, to a, physician
licensed under subch. II of ch. 448,
6or
to a physician assistant
licensed under subch. IX of ch. 448 who is a health care
7provider for the defendant or who is responsible for providing health care services
8to inmates of the jail. The report shall not be otherwise disclosed prior to the hearing
9under this subsection.
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10Section
46. 971.14 (4) (a) of the statutes is amended to read:
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971.14
(4) (a) The court shall cause copies of the report to be delivered forthwith
12to the district attorney and the defense counsel, or the defendant personally if not
13represented by counsel. Upon the request of the sheriff or jailer charged with care
14and control of the jail in which the defendant is being held pending or during a trial
15or sentencing proceeding, the court shall cause a copy of the report to be delivered
16to the sheriff or jailer. The sheriff or jailer may provide a copy of the report to the
17person who is responsible for maintaining medical records for inmates of the jail, or
18to a nurse
licensed under ch. 441, to a physician
licensed under subch. II of ch. 448,
19or to a physician assistant
licensed under subch. IX of ch. 448 who is a health care
20provider for the defendant or who is responsible for providing health care services
21to inmates of the jail. The report shall not be otherwise disclosed prior to the hearing
22under this subsection.
SB400,47
23Section
47. 990.01 (27s) of the statutes is amended to read:
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1990.01
(27s) Physician assistant. “Physician assistant” means a person
who
2is licensed as a physician assistant under subch. IX of ch. 448
or who holds a compact
3privilege under subch. XIII of ch. 448.