Chapter 448

448.987(10)(n) (n) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.

448.987(11) (11) Oversight, dispute resolution, and enforcement.

448.987(11)(a) (a) Oversight.

448.987(11)(a)1. 1. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

448.987(11)(a)2. 2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.

448.987(11)(a)3. 3. The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.

448.987(11)(b) (b) Default, technical assistance, and termination.

448.987(11)(b)1. 1. If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:

448.987(11)(b)1.a. a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, and/or any other action to be taken by the commission; and

448.987(11)(b)1.b. b. Provide remedial training and specific technical assistance regarding the default.

448.987(11)(b)2. 2. If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

448.987(11)(b)3. 3. Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.

448.987(11)(b)4. 4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

448.987(11)(b)5. 5. The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.

448.987(11)(b)6. 6. The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

448.987(11)(c) (c) Dispute resolution.

448.987(11)(c)1. 1. Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.

448.987(11)(c)2. 2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

448.987(11)(d) (d) Enforcement.

448.987(11)(d)1. 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

448.987(11)(d)2. 2. By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

448.987(11)(d)3. 3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

448.987(12) (12) Date of implementation of the interstate commission for occupational therapy practice and associated rules, withdrawal, and amendment.

448.987(12)(a) (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.

448.987(12)(b) (b) Any state that joins the compact subsequent to the commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.

448.987(12)(c) (c) Any member state may withdraw from this compact by enacting a statute repealing the same.

448.987(12)(c)1. 1. A member state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.

448.987(12)(c)2. 2. Withdrawal shall not affect the continuing requirement of the withdrawing state’s occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

448.987(12)(d) (d) Nothing contained in this compact shall be construed to invalidate or prevent any occupational therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.

448.987(12)(e) (e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

448.987(13) (13) Construction and severability. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

448.987(14) (14) Binding effect of compact and other laws.

448.987(14)(a) (a) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

448.987(14)(b) (b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.

448.987(14)(c) (c) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict.

448.987(14)(d) (d) Any lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.

448.987(14)(e) (e) All agreements between the commission and the member states are binding in accordance with their terms.

448.987(14)(f) (f) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

448.987 History History: 2021 a. 123.

448.9875 448.9875 Implementation of the occupational therapy licensure compact.

448.9875(1) (1) In this section:

448.9875(1)(a) (a) “Compact” means the occupational therapy licensure compact under s. 448.987.

448.9875(1)(b) (b) “Compact privilege” means a compact privilege, as defined in s. 448.987 (2) (d), that is granted under the compact to an individual to practice in this state.

448.9875(1)(c) (c) “Examining board” means the occupational therapists affiliated credentialing board.

448.9875(2) (2) The department may impose a fee for an individual to receive a compact privilege as provided in s. 448.987 (3) (c).

448.9875(3) (3) The examining board may, by rule, require an individual seeking a compact privilege to meet a jurisprudence requirement in accordance with s. 448.987 (4) (a) 9., if such a requirement is imposed by the examining board under s. 448.964 in order to obtain a license under s. 448.963.

448.9875(4) (4) 

448.9875(4)(a) (a) An individual who holds a compact privilege shall comply with s. 440.03 (13) (am).

448.9875(4)(b) (b) Subject to s. 448.987 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who holds a compact privilege in the same manner that they apply to holders of licenses issued under subch. VII.

448.9875 History History: 2021 a. 123.

subch. XIII of ch. 448 SUBCHAPTER XIII

PA LICENSURE COMPACT

448.988 448.988 PA licensure compact.

448.988(1) (1) Purpose. In order to strengthen access to medical services, and in recognition of the advances in the delivery of medical services, the participating states of the PA licensure compact have allied in common purpose to develop a comprehensive process that complements the existing authority of state licensing boards to license and discipline PAs and seeks to enhance the portability of a license to practice as a PA while safeguarding the safety of patients. This compact allows medical services to be provided by PAs, via the mutual recognition of the licensee’s qualifying license by other compact participating states. This compact also adopts the prevailing standard for PA licensure and affirms that the practice and delivery of medical services by the PA occurs where the patient is located at the time of the patient encounter, and therefore requires the PA to be under the jurisdiction of the state licensing board where the patient is located. State licensing boards that participate in this compact retain the jurisdiction to impose adverse action against a compact privilege in that state issued to a PA through the procedures of this compact. The PA licensure compact will alleviate burdens for military families by allowing active duty military personnel and their spouses to obtain a compact privilege based on having an unrestricted license in good standing from a participating state.

448.988(2) (2) Definitions. In this compact:

448.988(2)(a) (a) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against a PA license or license application or compact privilege such as license denial, censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.

448.988(2)(b) (b) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another participating state to practice as a PA to provide medical services and other licensed activity to a patient located in the remote state under the remote state’s laws and regulations.

448.988(2)(c) (c) “Conviction” means a finding by a court that an individual is guilty of a felony or misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge by the offender.

448.988(2)(d) (d) “Criminal background check” means the submission of fingerprints or other biometric-based information for a license applicant for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 CFR 20.3 (d), from the state’s criminal history record repository, as defined in 28 CFR 20.3 (f).

448.988(2)(e) (e) “Data system” means the repository of information about licensees, including but not limited to license status and adverse actions, which is created and administered under the terms of this compact.

448.988(2)(f) (f) “Executive committee” means a group of directors and ex officio individuals elected or appointed pursuant to sub. (7) (f) 2.

448.988(2)(g) (g) “Impaired practitioner” means a PA whose practice is adversely affected by health-related condition(s) that impact their ability to practice.

448.988(2)(h) (h) “Investigative information” means information, records, or documents received or generated by a licensing board pursuant to an investigation.

448.988(2)(i) (i) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of a PA in a state.

448.988(2)(j) (j) “License” means current authorization by a state, other than authorization pursuant to a compact privilege, for a PA to provide medical services, which would be unlawful without current authorization.

448.988(2)(k) (k) “Licensee” means an individual who holds a license from a state to provide medical services as a PA.

448.988(2)(L) (L) “Licensing board” means any state entity authorized to license and otherwise regulate PAs.

448.988(2)(m) (m) “Medical services” means health care services provided for the diagnosis, prevention, treatment, cure or relief of a health condition, injury, or disease, as defined by a state’s laws and regulations.

448.988(2)(n) (n) “Model compact” means the model for the PA licensure compact on file with the Council of State Governments or other entity as designated by the commission.

448.988(2)(o) (o) “Participating state” means a state that has enacted this compact.

448.988(2)(p) (p) “PA” means an individual who is licensed as a physician assistant in a state. For purposes of this compact, any other title or status adopted by a state to replace the term “physician assistant” shall be deemed synonymous with “physician assistant” and shall confer the same rights and responsibilities to the licensee under the provisions of this compact at the time of its enactment.

448.988(2)(q) (q) “PA licensure compact commission,” “compact commission,” or “commission” mean the national administrative body created pursuant to sub. (7) (a).

448.988(2)(r) (r) “Qualifying license” means an unrestricted license issued by a participating state to provide medical services as a PA.

448.988(2)(s) (s) “Remote state” means a participating state where a licensee who is not licensed as a PA is exercising or seeking to exercise the compact privilege.

448.988(2)(t) (t) “Rule” means a regulation promulgated by an entity that has the force and effect of law.

448.988(2)(u) (u) “Significant investigative information” means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the PA to respond if required by state law, has reason to believe is not groundless and, if proven true, would indicate more than a minor infraction.

448.988(2)(v) (v) “State” means any state, commonwealth, district, or territory of the United States.

448.988(3) (3) State participation in this compact.

448.988(3)(a) (a) To participate in this compact, a participating state shall:

448.988(3)(a)1. 1. License PAs.

448.988(3)(a)2. 2. Participate in the compact commission’s data system.

448.988(3)(a)3. 3. Have a mechanism in place for receiving and investigating complaints against licensees and license applicants.

448.988(3)(a)4. 4. Notify the commission, in compliance with the terms of this compact and commission rules, of any adverse action against a licensee or license applicant and the existence of significant investigative information regarding a licensee or license applicant.

448.988(3)(a)5. 5. Fully implement a criminal background check requirement, within a time frame established by commission rule, by its licensing board receiving the results of a criminal background check and reporting to the commission whether the license applicant has been granted a license.

448.988(3)(a)6. 6. Comply with the rules of the compact commission.

448.988(3)(a)7. 7. Utilize passage of a recognized national exam such as the NCCPA PANCE as a requirement for PA licensure.

448.988(3)(a)8. 8. Grant the compact privilege to a holder of a qualifying license in a participating state.

448.988(3)(b) (b) Nothing in this compact prohibits a participating state from charging a fee for granting the compact privilege.

448.988(4) (4) Compact privilege.