S3560

SENATE, No. 3560

STATE OF NEW JERSEY

221st LEGISLATURE

INTRODUCED SEPTEMBER 12, 2024

 


 

Sponsored by:

Senator NICHOLAS P. SCUTARI

District 22 (Somerset and Union)

 

 

 

 

SYNOPSIS

Enters New Jersey into Interstate Physician Assistant Licensure Compact.

 

CURRENT VERSION OF TEXT

As introduced.


An Act entering New Jersey into the Interstate Physician Assistant Licensure Compact and supplementing Title 45 of the Revised Statutes.

 

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

1. The State of New Jersey enact and enters into the PA licensure compact with all other jurisdictions that legally join the compact in the form substantially as follows:

 

Section 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 Licensees 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.

 

Section 2. Definitions

 

In this Compact:

a. Adverse Action means any administrative, civil, equitable, or criminal action permitted by a States 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 Licensees practice.

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 States laws and regulations.

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

d. Criminal Background Check means the submission of fingerprints or other biometric-based information for a License applicant for the purpose of obtaining that applicants criminal history record information, as defined in 28 C.F.R. 20.3(d), from the States criminal history record repository as defined in 28 C.F.R. 20.3(f).

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.

f. Executive Committee means a group of directors and ex-officio individuals elected or appointed pursuant to Section 7.f.(2)

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

h. Investigative Information means information, records, or documents received or generated by a Licensing Board pursuant to an investigation.

i. Jurisprudence Requirement means the assessment of an individuals knowledge of the laws and Rules governing the practice of a PA in a State.

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.

k. Licensee means an individual who holds a License from a State to provide Medical Services as a PA.

l. Licensing Board means any State entity authorized to license and otherwise regulate PAs.

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 States laws and regulations.

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.

o. Participating State means a State that has enacted this Compact.

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.

q. PA Licensure Compact Commission, Compact Commission, or Commission mean the national administrative body created pursuant to Section 7.a. of this Compact.

r. Qualifying License means an unrestricted License issued by a Participating State to provide Medical Services as a PA.

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.

t. Rule means a regulation promulgated by an entity that has the force and effect of law.

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.

v. State means any state, commonwealth, district, or territory of the United States.

 

Section 3. State Participation in this Compact

 

a. To participate in this Comp