Chapter 448

448.988(7)(f)6.b. b. Ensure compact administration services are appropriately provided, contractual or otherwise;

448.988(7)(f)6.c. c. Prepare and recommend the budget;

448.988(7)(f)6.d. d. Maintain financial records on behalf of the commission;

448.988(7)(f)6.e. e. Monitor compact compliance of participating states and provide compliance reports to the commission;

448.988(7)(f)6.f. f. Establish additional committees as necessary;

448.988(7)(f)6.g. g. Exercise the powers and duties of the commission during the interim between commission meetings, except for issuing proposed rule making or adopting commission rules or bylaws, or exercising any other powers and duties exclusively reserved to the commission by the commission’s rules; and

448.988(7)(f)6.h. h. Perform other duties as provided in the commission’s rules or bylaws.

448.988(7)(f)7. 7. All meeting 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.

448.988(7)(f)8. 8. The executive committee may convene in a closed, nonpublic meeting for the same reasons that the commission may convene in a nonpublic meeting as set forth in par. (d) 3. and shall announce the closed meeting as the commission is required to under par. (d) 4. and keep minutes of the closed meeting as the commission is required to under par. (d) 5.

448.988(7)(g) (g) Qualified immunity, defense, and indemnification.

448.988(7)(g)1. 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 subdivision 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.

448.988(7)(g)2. 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.

448.988(7)(g)3. 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.

448.988(7)(g)4. 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.

448.988(7)(g)5. 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.

448.988(7)(g)6. 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.

448.988(7)(g)7. 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 the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation.

448.988(7)(g)8. 8. Nothing in this compact shall be construed to be a waiver of sovereign immunity by the participating states or by the commission.

448.988(8) (8) Data system.

448.988(8)(a) (a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated data and reporting system containing licensure, adverse action, and the reporting of the existence of significant investigative information on all licensed PAs and applicants denied a license in participating states.

448.988(8)(b) (b) Notwithstanding any other state law to the contrary, a participating state shall submit a uniform data set to the data system on all PAs to whom this compact is applicable (utilizing a unique identifier) as required by the rules of the commission, including:

448.988(8)(b)1. 1. Identifying information;

448.988(8)(b)2. 2. Licensure data;

448.988(8)(b)3. 3. Adverse actions against a license or compact privilege;

448.988(8)(b)4. 4. Any denial of application for licensure, and the reason(s) for such denial (excluding the reporting of any criminal history record information where prohibited by law);

448.988(8)(b)5. 5. The existence of significant investigative information; and

448.988(8)(b)6. 6. Other information that may facilitate the administration of this compact, as determined by the rules of the commission.

448.988(8)(c) (c) Significant investigative information pertaining to a licensee in any participating state shall only be available to other participating states.

448.988(8)(d) (d) The commission shall promptly notify all participating states of any adverse action taken against a licensee or an individual applying for a license that has been reported to it. This adverse action information shall be available to any other participating state.

448.988(8)(e) (e) Participating states contributing information to the data system may, in accordance with state or federal law, designate information that may not be shared with the public without the express permission of the contributing state. Notwithstanding any such designation, such information shall be reported to the commission through the data system.

448.988(8)(f) (f) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the participating state contributing the information shall be removed from the data system upon reporting of such by the participating state to the commission.

448.988(8)(g) (g) The records and information provided to a participating state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, shall constitute the authenticated business records of the commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a participating state.

448.988(9) (9) Rule making.

448.988(9)(a) (a) The commission shall exercise its rule-making powers pursuant to the criteria set forth in this subsection and the rules adopted thereunder. Commission rules shall become binding as of the date specified by the commission for each rule.

448.988(9)(b) (b) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer this compact and achieve its purposes. A commission rule shall be invalid and have not force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rule-making authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted hereunder, or based upon another applicable standard of review.

448.988(9)(c) (c) The rules of the commission shall have the force of law in each participating state, provided however that where the rules of the commission conflict with the laws of the participating state that establish the medical services a PA may perform in the participating state, as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.

448.988(9)(d) (d) If a majority of the legislatures of the participating states rejects a commission rule, by enactment of a statute or resolution in the same manner used to adopt this compact within four (4) years of the date of adoption of the rule, then such rule shall have no further force and effect in any participating state or to any state applying to participate in the compact.

448.988(9)(e) (e) Commission rules shall be adopted at a regular or special meeting of the commission.

448.988(9)(f) (f) Prior to promulgation and adoption of a final rule or rules by the commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rule making:

448.988(9)(f)1. 1. On the website of the commission or other publicly accessible platform; and

448.988(9)(f)2. 2. To persons who have requested notice of the commission’s notices of proposed rule making, and

448.988(9)(f)3. 3. In such other way(s) as the commission may by rule specify.

448.988(9)(g) (g) The notice of proposed rule making shall include:

448.988(9)(g)1. 1. The time, date, and location of the public hearing on the proposed rule and the proposed time, date and location of the meeting in which the proposed rule will be considered and voted upon;

448.988(9)(g)2. 2. The text of the proposed rule and the reason for the proposed rule;

448.988(9)(g)3. 3. A request for comments on the proposed rule from any interested person and the date by which written comments must be received; and

448.988(9)(g)4. 4. The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing or provide any written comments.

448.988(9)(h) (h) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

448.988(9)(i) (i) If the hearing is to be held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.

448.988(9)(i)1. 1. All persons wishing to be heard at the hearing shall as directed in the notice of proposed rule making, not less than five (5) business days before the scheduled date of the hearing, notify the commission of their desire to appear and testify at the hearing.

448.988(9)(i)2. 2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

448.988(9)(i)3. 3. All hearings shall be recorded. A copy of the recording and the written comments, data, facts, opinions, and arguments received in response to the proposed rule making shall be made available to a person upon request.

448.988(9)(i)4. 4. Nothing in this subsection shall be construed as requiring a separate hearing on each proposed rule. Proposed rules may be grouped for the convenience of the commission at hearings required by this subsection.

448.988(9)(j) (j) Following the public hearing the commission shall consider all written and oral comments timely received.

448.988(9)(k) (k) The commission shall, by majority vote of all delegates, take final action on the proposed rule and shall determine the effective date of the rule, if adopted, based on the rule-making record and the full text of the rule.

448.988(9)(k)1. 1. If adopted, the rule shall be posted on the commission’s website.

448.988(9)(k)2. 2. The commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.

448.988(9)(k)3. 3. The commission shall provide on its website an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.

448.988(9)(k)4. 4. The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in par. (L), the effective date of the rule shall be no sooner than thirty (30) days after the commission issued the notice that it adopted the rule.

448.988(9)(L) (L) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with twenty-four (24) hours prior notice, without the opportunity for comment, or hearing, provided that the usual rule-making procedures provided in this compact and in this subsection shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately by the commission in order to:

448.988(9)(L)1. 1. Meet an imminent threat to public health, safety, or welfare;

448.988(9)(L)2. 2. Prevent a loss of commission or participating state funds;

448.988(9)(L)3. 3. Meet a deadline for the promulgation of a commission rule that is established by federal law or rule; or

448.988(9)(L)4. 4. Protect public health and safety.

448.988(9)(m) (m) The commission or an authorized committee of the commission may direct revisions to a previously adopted commission rule 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 thirty (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 as set forth in the notice of revisions and delivered to 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.

448.988(9)(n) (n) No participating state’s rule-making requirements shall apply under this compact.

448.988(10) (10) Oversight, dispute resolution, and enforcement.

448.988(10)(a) (a) Oversight.

448.988(10)(a)1. 1. The executive and judicial branches of state government in each participating state shall enforce this compact and take all actions necessary and appropriate to implement the compact.

448.988(10)(a)2. 2. 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 to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.

448.988(10)(a)3. 3. The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact or the commission’s rules and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission with service of process shall render a judgment or order in such proceeding void as to the commission, this compact, or commission rules.

448.988(10)(b) (b) Default, technical assistance, and termination.

448.988(10)(b)1. 1. If the commission determines that a participating state has defaulted in the performance of its obligations or responsibilities under this compact or the commission rules, the commission shall provide written notice to the defaulting state and other participating states. The notice shall describe the default, the proposed means of curing the default and any other action that the commission may take and shall offer remedial training and specific technical assistance regarding the default.

448.988(10)(b)2. 2. If a state in default fails to cure the default, the defaulting state may be terminated from this compact upon an affirmative vote of a majority of the delegates of the participating states, and all rights, privileges and benefits conferred by this compact upon such state 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.

448.988(10)(b)3. 3. Termination of participation in this 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 to the licensing board(s) of each of the participating states.

448.988(10)(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.

448.988(10)(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 this compact, unless agreed upon in writing between the commission and the defaulting state.

448.988(10)(b)6. 6. The defaulting state may appeal its termination from the compact by 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.

448.988(10)(b)7. 7. Upon the termination of a state’s participation in the compact, the state shall immediately provide notice to all licensees within that state of such termination:

448.988(10)(b)7.a. a. Licensees who have been granted a compact privilege in that state shall retain the compact privilege for one hundred eighty (180) days following the effective date of such termination.

448.988(10)(b)7.b. b. Licensees who are licensed in that state who have been granted a compact privilege in a participating state shall retain the compact privilege for one hundred eighty (180) days unless the licensee also has a qualifying license in a participating state or obtains a qualifying license in a participating state before the one hundred eighty (180)-day period ends, in which case the compact privilege shall continue.

448.988(10)(c) (c) Dispute resolution.

448.988(10)(c)1. 1. Upon request by a participating state, the commission shall attempt to resolve disputes related to this compact that arise among participating states and between participating and nonparticipating states.

448.988(10)(c)2. 2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

448.988(10)(d) (d) Enforcement.

448.988(10)(d)1. 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and rules of the commission.

448.988(10)(d)2. 2. If compliance is not secured after all means to secure compliance have been exhausted, 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 participating state in default to enforce compliance with the provisions of this compact and the commission’s promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

448.988(10)(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.

448.988(10)(e) (e) Legal action against the commission.