1 STATE OF OKLAHOMA
2 2nd Session of the 59th Legislature (2024)
3 SENATE BILL NO. 1654 By: Pugh
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7 AS INTRODUCED
8 An Act relating to physician assistants; enacting the
Physician Assistant (PA) Licensure Compact and
9 authorizing Governor to enter into compact with
certain jurisdictions; setting forth form of certain
10 compact; providing for codification; and providing an
effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
16 SECTION 1. NEW LAW A new section of law to be codified
17 in the Oklahoma Statutes as Section 522.1 of Title 59, unless there
18 is created a duplication in numbering, reads as follows:
19 The Physician Assistant (PA) Licensure Compact is hereby enacted
20 into law and the Governor shall enter into a compact on behalf of
21 the State of Oklahoma with any jurisdiction legally joined therein,
22 in the form substantially as set forth in Section 2 of this act.
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1 SECTION 2. NEW LAW A new section of law to be codified
2 in the Oklahoma Statutes as Section 522.2 of Title 59, unless there
3 is created a duplication in numbering, reads as follows:
4 Section 1. Purpose.
5 In order to strengthen access to Medical Services, and in
6 recognition of the advances in the delivery of Medical Services, the
7 Participating States of the PA Licensure Compact have allied in
8 common purpose to develop a comprehensive process that complements
9 the existing authority of State Licensing Boards to license and
10 discipline PAs and seeks to enhance the portability of a License to
11 practice as a PA while safeguarding the safety of patients. This
12 Compact allows Medical Services to be provided by PAs, via the
13 mutual recognition of the Licensee’s Qualifying License by other
14 Compact Participating States. This Compact also adopts the
15 prevailing standard for PA licensure and affirms that the practice
16 and delivery of Medical Services by the PA occurs where the patient
17 is located at the time of the patient encounter, and therefore
18 requires the PA to be under the jurisdiction of the State Licensing
19 Board where the patient is located. State Licensing Boards that
20 participate in this Compact retain the jurisdiction to impose
21 Adverse Action against a Compact Privilege in that State issued to a
22 PA through the procedures of this Compact. The PA Licensure Compact
23 will alleviate burdens for military families by allowing active duty
24 military personnel and their spouses to obtain a Compact Privilege
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1 based on having an unrestricted License in good standing from a
2 Participating State.
3 Section 2. Definitions.
4 In this Compact:
5 A. “Adverse Action” means any administrative, civil, equitable,
6 or criminal action permitted by a State’s laws which is imposed by a
7 Licensing Board or other authority against a PA License or License
8 application or Compact Privilege such as License denial, censure,
9 revocation, suspension, probation, monitoring of the Licensee, or
10 restriction on the Licensee’s practice;
11 B. “Compact Privilege” means the authorization granted by a
12 Remote State to allow a Licensee from another Participating State to
13 practice as a PA to provide Medical Services and other licensed
14 activity to a patient located in the Remote State under the Remote
15 State’s laws and regulations;
16 C. “Conviction” means a finding by a court that an individual
17 is guilty of a felony or misdemeanor offense through adjudication or
18 entry of a plea of guilt or no contest to the charge by the
19 offender;
20 D. “Criminal Background Check” means the submission of
21 fingerprints or other biometric-based information for a License
22 applicant for the purpose of obtaining that applicant’s criminal
23 history record information, as defined in 28 C.F.R., Section
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1 20.3(d), from the State’s criminal history record repository as
2 defined in 28 C.F.R., Section 20.3(f);
3 E. “Data System” means the repository of information about
4 Licensees, including but not limited to License status and Adverse
5 Actions, which is created and administered under the terms of this
6 Compact;
7 F. “Executive Committee” means a group of directors and ex-
8 officio individuals elected or appointed pursuant to Section 7.F.2;
9 G. “Impaired Practitioner” means a PA whose practice is
10 adversely affected by health-related condition(s) that impact their
11 ability to practice;
12 H. “Investigative Information” means information, records, or
13 documents received or generated by a Licensing Board pursuant to an
14 investigation;
15 I. “Jurisprudence Requirement” means the assessment of an
16 individual’s knowledge of the laws and Rules governing the practice
17 of a PA in a State;
18 J. “License” means current authorization by a State, other than
19 authorization pursuant to a Compact Privilege, for a PA to provide
20 Medical Services, which would be unlawful without current
21 authorization;
22 K. “Licensee” means an individual who holds a License from a
23 State to provide Medical Services as a PA;
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1 L. “Licensing Board” means any State entity authorized to
2 license and otherwise regulate PAs;
3 M. “Medical Services” means health care services provided for
4 the diagnosis, prevention, treatment, cure or relief of a health
5 condition, injury, or disease, as defined by a State’s laws and
6 regulations;
7 N. “Model Compact” means the model for the PA Licensure Compact
8 on file with The Council of State Governments or other entity as
9 designated by the Commission;
10 O. “Participating State” means a State that has enacted this
11 Compact;
12 P. “PA” means an individual who is licensed as a physician
13 assistant in a State. For purposes of this Compact, any other title
14 or status adopted by a State to replace the term “physician
15 assistant” shall be deemed synonymous with “physician assistant” and
16 shall confer the same rights and responsibilities to the Licensee
17 under the provisions of this Compact at the time of its enactment;
18 Q. “PA Licensure Compact Commission,” “Compact Commission,” or
19 “Commission” mean the national administrative body created pursuant
20 to Section 7.A of this Compact;
21 R. “Qualifying License” means an unrestricted License issued by
22 a Participating State to provide Medical Services as a PA;
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1 S. “Remote State” means a Participating State where a Licensee
2 who is not licensed as a PA is exercising or seeking to exercise the
3 Compact Privilege;
4 T. “Rule” means a regulation promulgated by an entity that has
5 the force and effect of law;
6 U. “Significant Investigative Information” means Investigative
7 Information that a Licensing Board, after an inquiry or
8 investigation that includes notification and an opportunity for the
9 PA to respond if required by State law, has reason to believe is not
10 groundless and, if proven true, would indicate more than a minor
11 infraction; and
12 V. “State” means any state, commonwealth, district, or
13 territory of the United States.
14 Section 3. State Participation in this Compact.
15 A. To participate in this Compact, a Participating State shall:
16 1. License PAs;
17 2. Participate in the Compact Commission’s Data System;
18 3. Have a mechanism in place for receiving and investigating
19 complaints against Licensees and License applicants;
20 4. Notify the Commission, in compliance with the terms of this
21 Compact and Commission Rules, of any Adverse Action against a
22 Licensee or License applicant and the existence of Significant
23 Investigative Information regarding a Licensee or License applicant;
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1 5. Fully implement a Criminal Background Check requirement,
2 within a time frame established by Commission Rule, by its Licensing
3 Board receiving the results of a Criminal Background Check and
4 reporting to the Commission whether the License applicant has been
5 granted a License;
6 6. Comply with the Rules of the Compact Commission;
7 7. Utilize passage of a recognized national exam such as the
8 NCCPA PANCE as a requirement for PA licensure; and
9 8. Grant the Compact Privilege to a holder of a Qualifying
10 License in a Participating State.
11 B. Nothing in this Compact prohibits a Participating State from
12 charging a fee for granting the Compact Privilege.
13 Section 4. Compact Privilege.
14 A. To exercise the Compact Privilege, a Licensee must:
15 1. Have graduated from a PA program accredited by the
16 Accreditation Review Commission on Education for the Physician
17 Assistant, Inc. or other programs authorized by Commission Rule;
18 2. Hold current NCCPA certification;
19 3. Have no felony or misdemeanor Conviction;
20 4. Have never had a controlled substance license, permit, or
21 registration suspended or revoked by a State or by the United States
22 Drug Enforcement Administration;
23 5. Have a unique identifier as determined by Commission Rule;
24 6. Hold a Qualifying License;
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1 7. Have had no revocation of a License or limitation or
2 restriction on any License currently held due to an adverse action;
3 8. If a Licensee has had a limitation or restriction on a
4 License or Compact Privilege due to an Adverse Action, two years
5 must have elapsed from the date on which the License or Compact
6 Privilege is no longer limited or restricted due to the Adverse
7 Action;
8 9. If a Compact Privilege has been revoked or is limited or
9 restricted in a Participating State for conduct that would not be a
10 basis for disciplinary action in a Participating State in which the
11 Licensee is practicing or applying to practice under a Compact
12 Privilege, that Participating State shall have the discretion not to
13 consider such action as an Adverse Action requiring the denial or
14 removal of a Compact Privilege in that State;
15 10. Notify the Compact Commission that the Licensee is seeking
16 the Compact Privilege in a Remote State;
17 11. Meet any Jurisprudence Requirement of a Remote State in
18 which the Licensee is seeking to practice under the Compact
19 Privilege and pay any fees applicable to satisfying the
20 Jurisprudence Requirement; and
21 12. Report to the Commission any Adverse Action taken by a non-
22 participating State within thirty (30) days after the action is
23 taken.
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1 B. The Compact Privilege is valid until the expiration or
2 revocation of the Qualifying License unless terminated pursuant to
3 an Adverse Action. The Licensee must also comply with all of the
4 requirements of Subsection A above to maintain the Compact Privilege
5 in a Remote State. If the Participating State takes Adverse Action
6 against a Qualifying License, the Licensee shall lose the Compact
7 Privilege in any Remote State in which the Licensee has a Compact
8 Privilege until all of the following occur:
9 1. The License is no longer limited or restricted; and
10 2. Two (2) years have elapsed from the date on which the
11 License is no longer limited or restricted due to the Adverse
12 Action.
13 C. Once a restricted or limited License satisfies the
14 requirements of Subsection B.1 and 2, the Licensee must meet the
15 requirements of Subsection A to obtain a Compact Privilege in any
16 Remote State.
17 D. For each Remote State in which a PA seeks authority to
18 prescribe controlled substances, the PA shall satisfy all
19 requirements imposed by such State in granting or renewing such
20 authority.
21 Section 5. Designation of the State from Which Licensee is
22 Applying for a Compact Privilege.
23 Upon a Licensee’s application for a Compact Privilege, the
24 Licensee shall identify to the Commission the Participating State
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1 from which the Licensee is applying, in accordance with applicable
2 Rules adopted by the Commission, and subject to the following
3 requirements:
4 1. When applying for a Compact Privilege, the Licensee shall
5 provide the Commission with the address of the Licensee’s primary
6 residence and thereafter shall immediately report to the Commission
7 any change in the address of the Licensee’s primary residence; and
8 2. When applying for a Compact Privilege, the Licensee is
9 required to consent to accept service of process by mail at the
10 Licensee’s primary residence on file with the Commission with
11 respect to any action brought against the Licensee by the Commission
12 or a Participating State, including a subpoena, with respect to any
13 action brought or investigation conducted by the Commission or a
14 Participating State.
15 Section 6. Adverse Actions.
16 A. A Participating State in which a Licensee is licensed shall
17 have exclusive power to impose Adverse Action against the Qualifying
18 License issued by that Participating State.
19 B. In addition to the other powers conferred by State law, a
20 Remote State shall have the authority, in accordance with existing
21 State due process law, to do all of the following:
22 1. Take Adverse Action against a PA’s Compact Privilege within
23 that State to remove a Licensee’s Compact Privilege or take other
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1 action necessary under applicable law to protect the health and
2 safety of its citizens; and
3 2. Issue subpoenas for both hearings and investigations that
4 require the attendance and testimony of witnesses as well as the
5 production of evidence. Subpoenas issued by a Licensing Board in a
6 Participating State for the attendance and testimony of witnesses or
7 the production of evidence from another Participating State shall be
8 enforced in the latter State by any court of competent jurisdiction,
9 according to the practice and procedure of that court applicable to
10 subpoenas issued in proceedings pending before it. The issuing
11 authority shall pay any witness fees, travel expenses, mileage and
12 other fees required by the service statutes of the State in which
13 the witnesses or evidence are located.
14 3. Notwithstanding paragraph 2, subpoenas may not be issued by
15 a Participating State to gather evidence of conduct in another State
16 that is lawful in that other State for the purpose of taking Adverse
17 Action against a Licensee’s Compact Privilege or application for a
18 Compact Privilege in that Participating State.
19 4. Nothing in this Compact authorizes a Participating State to
20 impose discipline against a PA’s Compact Privilege or to deny an
21 application for a Compact Privilege in that Participating State for
22 the individual’s otherwise lawful practice in another State.
23 C. For purposes of taking Adverse Action, the Participating
24 State which issued the Qualifying License shall give the same
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1 priority and effect to reported conduct received from any other
2 Participating State as it would if the conduct had occurred within
3 the Participating State which issued the Qualifying License. In so
4 doing, that Participating State shall apply its own State laws to
5 determine appropriate action.
6 D. A Participating State, if otherwise permitted by State law,
7 may recover from the affected PA the costs of investigations and
8 disposition of cases resulting from any Adverse Action taken against
9 that PA.
10 E. A Participating State may take Adverse Action based on the
11 factual findings of a Remote State, provided that the Participating
12 State follows its own procedures for taking the Adverse Action.
13 F. Joint Investigations.
14 1. In addition to the authority granted to a Participating
15 State by its respective State PA laws and regulations or other
16 applicable State law, any Participating State may participate with
17 other Participating States in joint investigations of Licensees.
18 2. Participating States shall share any investigative,
19 litigation, or compliance materials in furtherance of any joint or
20 individual investigation initiated under this Compact.
21 G. If an Adverse Action is taken against a PA’s Qualifying
22 License, the PA’s Compact Privilege in all Remote States shall be
23 deactivated until two (2) years have elapsed after all restrictions
24 have been removed from the State License. All disciplinary orders
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