HB1295: HB1295 Physician Assistant Licensure Compact; enter into an interstate compact

26 LC 46 1472S House Bill 1295 (COMMITTEE SUBSTITUTE) By: Representatives Cooper of the 45th, Stephens of the 164th, Hawkins of the 27th, Au of the 50th, LaHood of the 175th, and others A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 34 of Title 43 of the Official Co de of Georgia Annotated,1 relating to physician assistants, so as to enter into an interstate compact known as the "PA2 Licensure Compact"; to revise provisions relating to the Georgia Composite Medical Board;3 to revise a definition; to require criminal background checks f or licensure as a physician4 assistant in this state; to provide for a short title; to provide for the purpose of the compact;5 to provide for definitions; to provide for participation; to provide for compact privilege; to6 provide for designation of the state from which a licensee is a pplying for such compact7 privilege; to provide for adverse actions; to provide for the establishment of a commission;8 to provide for a data system; to provide for rulemaking powers; to provide for oversight,9 dispute resolution, and enforcement; to provide for date of implementation, withdrawal, and10 amendment; to provide for construction and severability; to pro vide for effect of the11 compact; to provide an effective date; to repeal conflicting laws; and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 H. B. 1295 (SUB) - 1 - 26 LC 46 1472S SECTION 1.14 Article 4 of Chapter 34 of Title 43 of the Official Code of Geo rgia Annotated, relating to15 physician assistants, is amended by revising paragraph (7) of C ode Section 43-34-102,16 relating to definitions, as follows:17 "(7) 'Physician assistant' means a skilled person who is licens ed to a supervising18 physician and who is qualified by academic and practical training an individual who has19 been duly licensed as such under this article or who holds a co mpact privilege issued20 pursuant to Code Section 43-34-111, the 'Physician Assistant Licensure Compact,' and21 who is authorized to provide patients' services not necessarily within the physi cal22 presence but under the personal direction or supervision of the supervising physician."23 SECTION 2.24 Said article is further amended by revising subsection (a) of Code Section 43-34-103, relating25 to application for licensure as a physician assistant, authoriz ed delegated authority, and26 prohibited acts, as follows:27 "(a)(1) In order to obtain licensure as a physician assistant in this state, an applicant shall28 have satisfactory results from a criminal background check and submit an application to29 the board in accordance with this subsection.30 (2)(A) An application for licensure as a physician assistant Such application shall31 include:32 (A)(i) Evidence submitted by the applicant of his or her good moral character; and33 (B)(ii) Evidence of his or her competency in a health care area relat ed to the job34 description which, as a at minimum, shall include: 35 (i)(I) Evidence of satisfactory completion of a training program app roved by the36 board. If the applicant is not a graduate of an accredited sch ool approved by the37 board, he or she shall be required to receive board approved refresher training and38 testing; and39 H. B. 1295 (SUB) - 2 - 26 LC 46 1472S (ii)(II) Evidence that the applicant has passed the Physician Assistan t National40 Certification Examination (PANCE) administered by the National Commission for41 the Certification of Physician Assistants (NCCPA), or its successor, or the National42 Association for the Certification of Anesthesia Assistants, (NA CAA) or its43 successor.44 (B) The board may issue a temporary permit to any applicant for l icensure who has45 satisfied the provisions of division (i) of this subparagraph subdivision (2)(A)(ii)(I) of46 this subsection and who is an applicant for the next available board approved or47 administered examination or who has completed this examination and is awaiting the48 results of such examination. Such The temporary permit shall expire upon notification49 of the applicant's failure to achieve a satisfactory score on t he board approved or50 administered examination. A physician assistant licensed pursu ant to this paragraph51 subparagraph shall not be authorized to perform any medical acts of any sort except as52 approved for utilization by a physician in a job description pu rsuant to subparagraph53 (C) of this paragraph (2) of this subsection. The board may grant an inactive licensure54 status to a physician assistant who is licensed pursuant to thi s article but who is not55 practicing with the supervision of a board approved primary supervising physician.56 (2)(C) In order to obtain approval for the utilization of a physician assistant, whether57 the utilization is in a private practice or through a public or private health care58 institution or organization, the licensed physician who will be responsible for the59 performance of such physician assistant shall submit an application to the board which60 shall include:61 (A)(i) Evidence that the physician assistant is licensed pursuant to paragraph (1) of62 this subsection; 63 (B)(ii) A job description meeting the requirements of paragraph (4) o f Code64 Section 43-34-102; and65 H. B. 1295 (SUB) - 3 - 26 LC 46 1472S (C)(iii) A fee, established by the board; provided, however, that no f ee will be66 required if the physician assistant is an employee of the state or a county government.67 (D)(i) The board is authorized to conduct and receive national criminal background68 checks of applicants for licensure as physician assistants by t he submission of69 fingerprints to the Federal Bureau of Investigation through the G e o r g i a C r i m e70 Information Center. An application for licensure under this ar ticle shall constitute71 express consent and authorization for the board to perform such criminal background72 check. The applicant shall be responsible for all fees associated with the performance73 of such background check.74 (ii) In order to determine an applicant's suitability for lice nsure as a physician75 assistant, each applicant shall furnish the board with any and all information76 necessary, including, but not limited to, a full set of fingerprints, to enable a criminal77 background check to be conducted. The board shall submit the f ingerprints to the78 Georgia Crime Information Center. The Georgia Crime Informatio n Center is79 authorized to conduct a state criminal background check and to submit the80 fingerprints to the Federal Bureau of Investigation for a national criminal background81 check.82 (iii) The Georgia Crime Information Center shall notify the board in writing of any83 findings or the absence of any findings that result from any cr iminal background84 checks. All findings received by the board shall be used by it for the exclusive85 purpose of carrying out its responsibilities under this chapter , shall not constitute86 public records, shall be privileged, and shall not be disclosed to any other person or87 agency."88 SECTION 3.89 Said article is further amended by revising Code Section 43-34-108, relating to powers and90 duties of board, as follows:91 H. B. 1295 (SUB) - 4 - 26 LC 46 1472S "43-34-108.92 (a) In addition to the powers specifically delegated to it in this article, the board shall:93 (1) Administer the Physician Assistant Licensure Compact conta ined in Code94 Section 43-34-111 of this article;95 (2) Have have the authority to perform all acts which are necessary, proper, or incidental96 to the efficient development of the category of health care healthcare established by this97 article. The board shall have; and98 (3) Have the authority to promulgate rules and regulations governing the definitions of99 delegation by physicians to qualified persons other than physician assistants of any acts,100 duties, or functions which are permitted by law or established by custom.101 (b) Any power vested by law in the board, but not implemented by specific provisions for102 the exercise thereof, may be executed and carried out by the board in a reasonable manner,103 pursuant to such rules, regulations, and procedures as the board may adopt and subject to104 such limitations as may be provided by law."105 SECTION 4.106 Said article is further amended by adding a new Code section to read as follows:107 "43-34-111.108 (a) This Code section shall be known and may be cited as the ' Physician Assistant109 Licensure Compact.'110 (b) The 'PA Licensure Compact' is enacted into law and entered into by the State of111 Georgia with any and all other states legally joining therein i n the form substantially as112 follows:113 H. B. 1295 (SUB) - 5 - 26 LC 46 1472S 'PA Licensure Compact114 Section 1. Purpose115 In order to strengthen access to Medical Services, and in recognition of the advances in the116 delivery of Medical Services, the Participating States of the P A Licensure Compact have117 allied in common purpose to develop a comprehensive process that complements the existing118 authority of State Licensing Boards to license and discipline PAs and seeks to enhance the119 portability of a License to practice as a PA while safeguarding the safety of patients. This120 Compact allows Medical Services to be provided by PAs, via the mutual recognition of the121 Licensee's Qualifying License by other Compact Participating St ates. This Compact also122 adopts the prevailing standard for PA licensure and affirms that the practice and delivery of123 Medical Services by the PA occurs where the patient is located at the time of the patient124 encounter, and therefore requires the PA to be under the jurisdiction of the State Licensing125 Board where the patient is located. State Licensing Boards that participate in this Compact126 retain the jurisdiction to impose Adverse Action against a Comp act Privilege in that State127 issued to a PA through the procedures of this Compact. The PA Licensure Compact will128 alleviate burdens for military families by allowing active duty military personnel and their129 spouses to obtain a Compact Privilege based on having an unrest ricted License in good130 standing from a Participating State.131 Section 2. Definitions132 In this compact:133 A. "Adverse Action" means any administrative, civil, equitable, or criminal action134 permitted by a State's laws which is imposed by a Licensing Boa rd or other authority135 against a PA License or License application or Compact Privilege such as License denial,136 censure, revocation, suspension, probation, monitoring of the Licensee, or restriction on137 the Licensee's practice.138 H. B. 1295 (SUB) - 6 - 26 LC 46 1472S B. "Compact Privilege" means the authorization granted by a Remote State to allow139 a Licensee from another Participating State to practice as a PA to provide Medical140 Services and other licensed activity to a patient located in th e Remote State under the141 Remote State's laws and regulations.142 C. "Conviction" means a finding by a court that an individual is guilty of a f elony or143 misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the144 charge by the offender.145 D. "Criminal Background Check" means the submission of fingerprints or other146 biometric-based information for a License applicant for the pur pose of obtaining that147 applicant's criminal history record information, as defined in 28 C.F.R. § 20.3(d), from148 the State's criminal history record repository as defined in 28 C.F.R. § 20.3(f).149 E. "Data System" means the repository of information about Licensees, including but150 not limited to License status and Adverse Actions, which is cre ated and administered151 under the terms of this Compact.152 F. "Executive Committee" means a group of directors and ex-officio individuals153 elected or appointed pursuant to Section 7.F.2.154 G. "Impaired Practitioner" means a PA whose practice is adversely affected by155 health-related condition(s) that impact their ability to practice.156 H. "Investigative Information" means information, records, or documents received or157 generated by a Licensing Board pursuant to an investigation.158 I. "Jurisprudence Requirement" means the assessment of an individual's knowledge159 of the laws and Rules governing the practice of a PA in a State.160 J. "License" means current authorization by a State, other than authorization pursuant161 to a Compact Privilege, for a PA to provide Medical Services, which would be unlawful162 without current authorization.163 K. "Licensee" means an individual who holds a License from a State to provide Medical164 Services as a PA.165 H. B. 1295 (SUB) - 7 - 26 LC 46 1472S L. "Licensing Board" means any State entity authorized to license and otherwise166 regulate PAs.167 M. "Medical Services" means health care services provided for the diagnosis,168 prevention, treatment, cure or relief of a health condition, injury, or disease, as defined169 by a State's laws and regulations.170 N. "Model Compact" means the model for the PA Licensure Compact on file with The171 Council of State Governments or other entity as designated by the Commission.172 O. "Participating State" means a State that has enacted this Compact.173 P. "PA" means an individual who is licensed as a physician assistant i n a State. For174 purposes of this Compact, any other title or status adopted by a State to replace the term175 "physician assistant" shall be deemed synonymous with "physician assistant" and shall176 confer the same rights and responsibilities to the Licensee und er the provisions of this177 Compact at the time of its enactment.178 Q. "PA Licensure Compact Commission," "Compact Commission," o r179 "Commission" mean the national administrative body created pursuant to Section 7.A180 of this Compact.181 R. "Qualifying License" means an unrestricted License issued by a Participating State182 to provide Medical Services as a PA.183 S. "Remote State" means a Participating State where a Licensee who is not licensed as184 a PA is exercising or seeking to exercise the Compact Privilege.185 T. "Rule" means a regulation promulgated by an entity that has the force and effect of186 law.187 U. "Significant Investigative Information" means Investigative Information that a188 Licensing Board, after an inquiry or investigation that include s notification and an189 opportunity for the PA to respond if required by State law, has reason to believe is not190 groundless and, if proven true, would indicate more than a minor infraction.191 V. "State" means any state, commonwealth, district, or territory of the United States.192 H. B. 1295 (SUB) - 8 - 26 LC 46 1472S Section 3. State Participation in this Compact193 A. To participate in this Compact, a Participating State shall:194 1. License PAs.195 2. Participate in the Compact Commission's Data System.196 3. Have a mechanism in place for receiving and investigating c omplaints against197 Licensees and License applicants.198 4. Notify the Commission, in compliance with the terms of this Compact and199 Commission Rules, of any Adverse Action against a Licensee or License applicant and200 the existence of Significant Investigative Information regardin g a Licensee or License201 applicant.202 5. Fully implement a Criminal Background Check requirement, wi thin a time frame203 established by Commission Rule, by its Licensing Board receivin g the results of a204 Criminal Background Check and reporting to the Commission wheth er the License205 applicant has been granted a License.206 6. Comply with the Rules of the Compact Commission.207 7. Utilize passage of a recognized national exam such as the N CCPA PANCE as a208 requirement for PA licensure.209 8. Grant the Compact Privilege to a holder of a Qualifying Lic ense in a Participating210 State.211 B. Nothing in this Compact prohibits a Participating State from charging a fee for granting212 the Compact Privilege.213 Section 4. Compact Privilege214 A. To exercise the Compact Privilege, a Licensee must:215 1. Have graduated from a PA program accredited by the Accredit ation Review216 Commission on Education for the Physician Assistant, Inc. or other programs authorized217 by Commission Rule.218 H. B. 1295 (SUB) - 9 - 26 LC 46 1472S 2. Hold current NCCPA certification.219 3. Have no felony or misdemeanor Conviction.220 4. Have never had a controlled substance license, permit, or r egistration suspended or221 revoked by a State or by the United States Drug Enforcement Administration.222 5. Have a unique identifier as determined by Commission Rule.223 6. Hold a Qualifying License.224 7. Have had no revocation of a License or limitation or restri ction on any License225 currently held due to an adverse action.226 8. If a Licensee has had a limitation or restriction on a License or Compact Privilege due227 to an Adverse Action, two years must have elapsed from the date on which the License228 or Compact Privilege is no longer limited or restricted due to the Adverse Action.229 9. If a Compact Privilege has been revoked or is limited or restricted in a Participating230 State for conduct that would not be a basis for disciplinary action in a Participating State231 in which the Licensee is practicing or applying to practice und er a Compact Privilege,232 that Participating State shall have the discretion not to consider such action as an Adverse233 Action requiring the denial or removal of a Compact Privilege in that State.234 10. Notify the Compact Commission that the Licensee is seeking the Compact Privilege235 in a Remote State.236 11. Meet any Jurisprudence Requirement of a Remote State in wh ich the Licensee is237 seeking to practice under the Compact Privilege and pay any fees applicable to satisfying238 the Jurisprudence Requirement.239 12. Report to the Commission any Adverse Action taken by a non -participating State240 within thirty (30) days after the action is taken.241 B. The Compact Privilege is valid until the expiration or revo cation of the Qualifying242 License unless terminated pursuant to an Adverse Action. The Licensee must also comply243 with all of the requirements of Subsection A above to maintain the Compact Privilege in244 a Remote State. If the Participating State takes Adverse Actio n against a Qualifying245 H. B. 1295 (SUB) - 10 - 26 LC 46 1472S License, the Licensee shall lose the Compact Privilege in any Remote State in which the246 Licensee has a Compact Privilege until all of the following occur:247 1. The License is no longer limited or restricted; and248 2. Two (2) years have elapsed from the date on which the License is no longer limited249 or restricted due to the Adverse Action.250 C. Once a restricted or limited License satisfies the requirements of Subsection B.1 and 2,251 the Licensee must meet the requirements of Subsection A to obtain a Compact Privilege252 in any Remote State.253 D. For each Remote State in which a PA seeks authority to pres cribe controlled254 substances, the PA shall satisfy all requirements imposed by su ch State in granting or255 renewing such authority.256 Section 5. Designation of the State from Which Licensee is Applying for a Compact257 Privilege258 A. Upon a Licensee's application for a Compact Privilege, the Licensee shall identify to259 the Commission the Participating State from which the Licensee is applying, in accordance260 with applicable Rules adopted by the Commission, and subject to the following261 requirements:262 1. When applying for a Compact Privilege, the Licensee shall provide the Commission263 with the address of the Licensee's primary residence and therea fter shall immediately264 report to the Commission any change in the address of the Licensee's primary residence.265 2. When applying for a Compact Privilege, the Licensee is required to consent to accept266 service of process by mail at the Licensee's primary residence on file with the267 Commission with respect to any action brought against the Licensee by the Commission268 or a Participating State, including a subpoena, with respect to any action brought or269 investigation conducted by the Commission or a Participating State.270 H. B. 1295 (SUB) - 11 - 26 LC 46 1472S Section 6. Adverse Actions271 A. A Participating State in which a Licensee is licensed shall have exclusive power to272 impose Adverse Action against the Qualifying License issued by that Participating State.273 B. In addition to the other powers conferred by State law, a Remote State shall have the274 authority, in accordance with existing State due process law, to do all of the following:275 1. Take Adverse Action against a PA's Compact Privilege within that State to remove276 a Licensee's Compact Privilege or take other action necessary u nder applicable law to277 protect the health and safety of its citizens.278 2. Issue subpoenas for both hearings and investigations that require the attendance and279 testimony of witnesses as well as the production of evidence. Subpoenas issued by a280 Licensing Board in a Participating State for the attendance and testimony of witnesses or281 the production of evidence from another Participating State shall be enforced in the latter282 State by any court of competent jurisdiction, according to the practice and procedure of283 that court applicable to subpoenas issued in proceedings pending before it. The issuing284 authority shall pay any witness fees, travel expenses, mileage and other fees required by285 the service statutes of the State in which the witnesses or evidence are located.286 3. Notwithstanding paragraph 2, subpoenas may not be issued by a Participating State287 to gather evidence of conduct in another State that is lawful i n that other State for the288 purpose of taking Adverse Action against a Licensee's Compact Privilege or application289 for a Compact Privilege in that Participating State.290 4. Nothing in this Compact authorizes a Participating State to impose discipline against291 a PA's Compact Privilege or to deny an application for a Compac t Privilege in that292 Participating State for the individual's otherwise lawful practice in another State.293 C. For purposes of taking Adverse Action, the Participating St ate which issued the294 Qualifying License shall give the same priority and effect to r eported conduct received295 from any other Participating State as it would if the conduct h ad occurred within the296 H. B. 1295 (SUB) - 12 - 26 LC 46 1472S Participating State which issued the Qualifying License. In so doing, that Participating297 State shall apply its own State laws to determine appropriate action.298 D. A Participating State, if otherwise permitted by State law, may recover from the299 affected PA the costs of investigations and disposition of cases resulting from any Adverse300 Action taken against that PA.301 E. A Participating State may take Adverse Action based on the factual findings of a302 Remote State, provided that the Participating State follows its own procedures for taking303 the Adverse Action.304 F. Joint Investigations305 1. In addition to the authority granted to a Participating State by its respective State PA306 laws and regulations or other applicable State law, any Participating State may participate307 with other Participating States in joint investigations of Licensees.308 2. Participating States shall share any investigative, litigation, or compliance materials309 in furtherance of any joint or individual investigation initiated under this Compact.310 G. If an Adverse Action is taken against a PA's Qualifying Lic ense, the PA's Compact311 Privilege in all Remote States shall be deactivated until two (2) years have elapsed after all312 restrictions have been removed from the State License. All dis ciplinary orders by the313 Participating State which issued the Qualifying License that impose Adverse Action against314 a PA's License shall include a Statement that the PA's Compact Privilege is deactivated in315 all Participating States during the pendency of the order.316 H. If any Participating State takes Adverse Action, it promptl y shall notify the317 administrator of the Data System.318 Section 7. Establishment of the PA Licensure Compact Commission319 A. The Participating States hereby create and establish a join t government agency and320 national administrative body known as the PA Licensure Compact Commission. The321 Commission is an instrumentality of the Compact States acting j ointly and not an322 H. B. 1295 (SUB) - 13 - 26 LC 46 1472S instrumentality of any one State. The Commission shall come into existence on or after the323 effective date of the Compact as set forth in Section 11.A.324 B. Membership, Voting, and Meetings325 1. Each Participating State shall have and be limited to one (1) delegate selected by that326 Participating State's Licensing Board or, if the State has more than one Licensing Board,327 selected collectively by the Participating State's Licensing Boards.328 2. The delegate shall be either:329 a. A current PA, physician or public member of a Licensing Boa rd or PA330 Council/Committee; or331 b. An administrator of a Licensing Board.332 3. Any delegate may be removed or suspended from office as pro vided by the laws of333 the State from which the delegate is appointed.334 4. The Participating State Licensing Board shall fill any vaca ncy occurring in the335 Commission within sixty (60) days.336 5. Each delegate shall be entitled to one (1) vote on all matt ers voted on by the337 Commission and shall otherwise have an opportunity to participate in the business and338 affairs of the Commission. A delegate shall vote in person or by such other means as339 provided in the bylaws. The bylaws may provide for delegates' participation in meetings340 by telecommunications, video conference, or other means of communication.341 6. The Commission shall meet at least once during each calenda r year. Additional342 meetings shall be held as set forth in this Compact and the bylaws.343 7. The Commission shall establish by Rule a term of office for delegates.344 C. The Commission shall have the following powers and duties:345 1. Establish a code of ethics for the Commission;346 2. Establish the fiscal year of the Commission;347 3. Establish fees;348 4. Establish bylaws;349 H. B. 1295 (SUB) - 14 - 26 LC 46 1472S 5. Maintain its financial records in accordance with the bylaws;350 6. Meet and take such actions as are consistent with the provisions of this Compact and351 the bylaws;352 7. Promulgate Rules to facilitate and coordinate implementation and administration of353 this Compact. The Rules shall have the force and effect of law and shall be binding in354 all Participating States;355 8. Bring and prosecute legal proceedings or actions in the nam e of the Commission,356 provided that the standing of any State Licensing Board to sue or be sued under357 applicable law shall not be affected;358 9. Purchase and maintain insurance and bonds;359 10. Borrow, accept, or contract for services of personnel, including, but not limited to,360 employees of a Participating State;361 11. Hire employees and engage contractors, elect or appoint officers, fix compensation,362 define duties, grant such individuals appropriate authority to carry out the purposes of this363 Compact, and establish the Commission's personnel policies and programs relating to364 conflicts of interest, qualifications of personnel, and other related personnel matters;365 12. Accept any and all appropriate donations and grants of money, equipment, supplies,366 materials and services, and receive, utilize and dispose of the same; provided that at all367 times the Commission shall avoid any appearance of impropriety or conflict of interest;368 13. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,369 improve or use, any property, real, personal or mixed; provided that at all times the370 Commission shall avoid any appearance of impropriety;371 14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of372 any property real, personal, or mixed;373 15. Establish a budget and make expenditures;374 16. Borrow money;375 H. B. 1295 (SUB) - 15 - 26 LC 46 1472S 17. Appoint committees, including standing committees composed of members, State376 regulators, State legislators or their representatives, and con sumer representatives, and377 such other interested persons as may be designated in this Compact and the bylaws;378 18. Provide and receive information from, and cooperate with, law enforcement379 agencies;380 19. Elect a Chair, Vice Chair, Secretary and Treasurer and suc h other officers of the381 Commission as provided in the Commission's bylaws.382 20. Reserve for itself, in addition to those reserved exclusively to the Commission under383 the Compact, powers that the Executive Committee may not exercise;384 21. Approve or disapprove a State's participation in the Compa ct based upon its385 determination as to whether the State's Compact legislation departs in a material manner386 from the Model Compact language;387 22. Prepare and provide to the Participating States an annual report; and388 23. Perform such other functions as may be necessary or approp riate to achieve the389 purposes of this Compact consistent with the State regulation o f PA licensure and390 practice.391 D. Meetings of the Commission392 1. All meetings of the Commission that are not closed pursuant to this subsection shall393 be open to the public. Notice of public meetings shall be post ed on the Commission's394 website at least thirty (30) days prior to the public meeting.395 2. Notwithstanding subsection D.1 of this section, the Commission may convene a public396 meeting by providing at least twenty-four (24) hours prior noti ce on the Commission's397 website, and any other means as provided in the Commission's Ru les, for any of the398 reasons it may dispense with notice of proposed rulemaking under Section 9.L.399 3. The Commission may convene in a closed, non-public meeting or non-public part of400 a public meeting to receive legal advice or to discuss:401 a. Non-compliance of a Participating State with its obligations under this Compact;402 H. B. 1295 (SUB) - 16 - 26 LC 46 1472S b. The employment, compensation, discipline or other matters, practices or procedures403 related to specific employees or other matters related to the C ommission's internal404 personnel practices and procedures;405 c. Current, threatened, or reasonably anticipated litigation;406 d. Negotiation of contracts for the purchase, lease, or sale o f goods, services, or real407 estate;408 e. Accusing any person of a crime or formally censuring any person;409 f. Disclosure of trade secrets or commercial or financial information that is privileged410 or confidential;411 g. Disclosure of information of a personal nature where disclosure would constitute a412 clearly unwarranted invasion of personal privacy;413 h. Disclosure of investigative records compiled for law enforcement purposes;414 I. Disclosure of information related to any investigative repo rts prepared by or on415 behalf of or for use of the Commission or other committee charged with responsibility416 of investigation or determination of compliance issues pursuant to this Compact;417 j. Legal advice; or418 k. Matters specifically exempted from disclosure by federal or Participating States'419 statutes.420 4. If a meeting, or portion of a meeting, is closed pursuant to this provision, the chair of421 the meeting or the chair's designee shall certify that the meeting or portion of the meeting422 may be closed and shall reference each relevant exempting provision.423 5. The Commission shall keep minutes that fully and clearly de scribe all matters424 discussed in a meeting and shall provide a full and accurate su mmary of actions taken,425 including a description of the views expressed. All documents considered in connection426 with an action shall be identified in such minutes. All minutes and documents of a closed427 meeting shall remain under seal, subject to release by a majority vote of the Commission428 or order of a court of competent jurisdiction.429 H. B. 1295 (SUB) - 17 - 26 LC 46 1472S E. Financing of the Commission430 1. The Commission shall pay, or provide for the payment of, the reasonable expenses of431 its establishment, organization, and ongoing activities.432 2. The Commission may accept any and all appropriate revenue sources, donations, and433 grants of money, equipment, supplies, materials, and services.434 3. The Commission may levy on and collect an annual assessment from each435 Participating State and may impose Compact Privilege fees on Licensees of Participating436 States to whom a Compact Privilege is granted to cover the cost of the operations and437 activities of the Commission and its staff, which must be in a total amount sufficient to438 cover its annual budget as approved by the Commission each year for which revenue is439 not provided by other sources. The aggregate annual assessment amount levied on440 Participating States shall be allocated based upon a formula to be determined by441 Commission Rule.442 a. A Compact Privilege expires when the Licensee's Qualifying License in the443 Participating State from which the Licensee applied for the Compact Privilege expires.444 b. If the Licensee terminates the Qualifying License through w hich the Licensee445 applied for the Compact Privilege before its scheduled expiration, and the Licensee has446 a Qualifying License in another Participating State, the Licens ee shall inform the447 Commission that it is changing to that Participating State the Participating State through448 which it applies for a Compact Privilege and pay to the Commiss ion any Compact449 Privilege fee required by Commission Rule.450 4. The Commission shall not incur obligations of any kind prio r to securing the funds451 adequate to meet the same; nor shall the Commission pledge the credit of any of the452 Participating States, except by and with the authority of the Participating State.453 5. The Commission shall keep accurate accounts of all receipts and disbursements. The454 receipts and disbursements of the Commission shall be subject to the financial review and455 accounting procedures established under its bylaws. All receipts and disbursements of456 H. B. 1295 (SUB) - 18 - 26 LC 46 1472S funds handled by the Commission shall be subject to an annual f inancial review by a457 certified or licensed public accountant, and the report of the financial review shall be458 included in and become part of the annual report of the Commission.459 F. The Executive Committee460 1. The Executive Committee shall have the power to act on beha lf of the Commission461 according to the terms of this Compact and Commission Rules.462 2. The Executive Committee shall be composed of nine (9) members:463 a. Seven voting members who are elected by the Commission from the current464 membership of the Commission;465 b. One ex-officio, nonvoting member from a recognized national PA professional466 association; and467 c. One ex-officio, nonvoting member from a recognized national PA certification468 organization.469 3. The ex-officio members will be selected by their respective organizations.470 4. The Commission may remove any member of the Executive Committee as provided471 in its bylaws.472 5. The Executive Committee shall meet at least annually.473 6. The Executive Committee shall have the following duties and responsibilities:474 a. Recommend to the Commission changes to the Commission's Rul es or bylaws,475 changes to this Compact legislation, fees to be paid by Compact Participating States476 such as annual dues, and any Commission Compact fee charged to Licensees for the477 Compact Privilege;478 b. Ensure Compact administration services are appropriately provided, contractual or479 otherwise;480 c. Prepare and recommend the budget;481 d. Maintain financial records on behalf of the Commission;482 H. B. 1295 (SUB) - 19 - 26 LC 46 1472S e. Monitor Compact compliance of Participating States and provide compliance reports483 to the Commission;484 f. Establish additional committees as necessary;485 g. Exercise the powers and duties of the Commission during the interim between486 Commission meetings, except for issuing proposed rulemaking or adopting487 Commission Rules or bylaws, or exercising any other powers and duties exclusively488 reserved to the Commission by the Commission's Rules; and489 h. Perform other duties as provided in the Commission's Rules or bylaws.490 7. All meeting of the Executive Committee at which it votes or plans to vote on matters491 in exercising the powers and duties of the Commission shall be open to the public and492 public notice of such meetings shall be given as public meetings of the Commission are493 given.494 8. The Executive Committee may convene in a closed, non-public meeting for the same495 reasons that the Commission may convene in a non-public meeting as set forth in496 Section 7.D 3 and shall announce the closed meeting as the Comm ission is required to497 under Section 7.D.4 and keep minutes of the closed meeting as t he Commission is498 required to under Section 7.D.5.499 G. Qualified Immunity, Defense, and Indemnification500 1. The members, officers, executive director, employees and re presentatives of the501 Commission shall be immune from suit and liability, both personally and in their official502 capacity, for any claim for damage to or loss of property or personal injury or other civil503 liability caused by or arising out of any actual or alleged act , error, or omission that504 occurred, or that the person against whom the claim is made had a reasonable basis for505 believing occurred within the scope of Commission employment, d uties or506 responsibilities; provided that nothing in this paragraph shall be construed to protect any507 such person from suit or liability for any damage, loss, injury, or liability caused by the508 intentional or willful or wanton misconduct of that person. The procurement of insurance509 H. B. 1295 (SUB) - 20 - 26 LC 46 1472S of any type by the Commission shall not in any way compromise or limit the immunity510 granted hereunder.511 2. The Commission shall defend any member, officer, executive director, employee, and512 representative of the Commission in any civil action seeking to impose liability arising513 out of any actual or alleged act, error, or omission that occur red within the scope of514 Commission employment, duties, or responsibilities, or as determined by the commission515 that the person against whom the claim is made had a reasonable basis for believing516 occurred within the scope of Commission employment, duties, or responsibilities;517 provided that nothing herein shall be construed to prohibit that person from retaining their518 own counsel at their own expense; and provided further, that th e actual or alleged act,519 error, or omission did not result from that person's intentiona l or willful or wanton520 misconduct.521 3. The Commission shall indemnify and hold harmless any member, officer, executive522 director, employee, and representative of the Commission for th e amount of any523 settlement or judgment obtained against that person arising out of any actual or alleged524 act, error, or omission that occurred within the scope of Commission employment, duties,525 or responsibilities, or that such person had a reasonable basis for believing occurred526 within the scope of Commission employment, duties, or responsib ilities, provided that527 the actual or alleged act, error, or omission did not result from the intentional or willful528 or wanton misconduct of that person.529 4. Venue is proper and judicial proceedings by or against the Commission shall be530 brought solely and exclusively in a court of competent jurisdic tion where the principal531 office of the Commission is located. The Commission may waive venue and532 jurisdictional defenses in any proceedings as authorized by Commission Rules.533 5. Nothing herein shall be construed as a limitation on the liability of any Licensee for534 professional malpractice or misconduct, which shall be governed solely by any other535 applicable State laws.536 H. B. 1295 (SUB) - 21 - 26 LC 46 1472S 6. Nothing herein shall be construed to designate the venue or jurisdiction to bring537 actions for alleged acts of malpractice, professional misconduct, negligence, or other such538 civil action pertaining to the practice of a PA. All such matt ers shall be determined539 exclusively by State law other than this Compact.540 7. Nothing in this Compact shall be interpreted to waive or ot herwise abrogate a541 Participating State's state action immunity or state action affirmative defense with respect542 to antitrust claims under the Sherman Act, Clayton Act, or any other State or federal543 antitrust or anticompetitive law or regulation.544 8. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by545 the Participating States or by the Commission.546 Section 8. Data System547 A. The Commission shall provide for the development, maintenan ce, operation, and548 utilization of a coordinated data and reporting system containing licensure, Adverse Action,549 and the reporting of the existence of Significant Investigative Information on all licensed550 PAs and applicants denied a License in Participating States.551 B. Notwithstanding any other State law to the contrary, a Participating State shall submit552 a uniform data set to the Data System on all PAs to whom this C ompact is applicable553 (utilizing a unique identifier) as required by the Rules of the Commission, including:554 1. Identifying information;555 2. Licensure data;556 3. Adverse Actions against a License or Compact Privilege;557 4. Any denial of application for licensure, and the reason(s) for such denial (excluding558 the reporting of any Criminal history record information where prohibited by law);559 5. The existence of Significant Investigative Information; and560 6. Other information that may facilitate the administration of this Compact, as561 determined by the Rules of the Commission.562 H. B. 1295 (SUB) - 22 - 26 LC 46 1472S C. Significant Investigative Information pertaining to a Licensee in any Participating State563 shall only be available to other Participating States.564 D. The Commission shall promptly notify all Participating States of any Adverse Action565 taken against a Licensee or an individual applying for a License that has been reported to566 it. This Adverse Action information shall be available to any other Participating State.567 E. Participating States contributing information to the Data S ystem may, in accordance568 with State or federal law, designate information that may not b e shared with the public569 without the express permission of the contributing State. Notw ithstanding any such570 designation, such information shall be reported to the Commissi on through the Data571 System.572 F. Any information submitted to the Data System that is subsequently expunged pursuant573 to federal law or the laws of the Participating State contributing the information shall be574 removed from the Data System upon reporting of such by the Part icipating State to the575 Commission.576 G. The records and information provided to a Participating State pursuant to this Compact577 or through the Data System, when certified by the Commission or an agent thereof, shall578 constitute the authenticated business records of the Commission , and shall be entitled to579 any associated hearsay exception in any relevant judicial, quasi-judicial or administrative580 proceedings in a Participating State.581 Section 9. Rulemaking582 A. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth583 in this Section and the Rules adopted thereunder. Commission Rules shall become binding584 as of the date specified by the Commission for each Rule.585 B. The Commission shall promulgate reasonable Rules in order t o effectively and586 efficiently implement and administer this Compact and achieve i ts purposes. A587 Commission Rule shall be invalid and have not force or effect only if a court of competent588 H. B. 1295 (SUB) - 23 - 26 LC 46 1472S jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking589 authority in a manner that is beyond the scope of the purposes of this Compact, or the590 powers granted hereunder, or based upon another applicable standard of review.591 C. The Rules of the Commission shall have the force of law in each Participating State,592 provided however that where the Rules of the Commission conflic t with the laws of the593 Participating State that establish the medical services a PA may perform in the Participating594 State, as held by a court of competent jurisdiction, the Rules of the Commission shall be595 ineffective in that State to the extent of the conflict.596 D. If a majority of the legislatures of the Participating States rejects a Commission Rule,597 by enactment of a statute or resolution in the same manner used to adopt this Compact598 within four (4) years of the date of adoption of the Rule, then such Rule shall have no599 further force and effect in any Participating State or to any State applying to participate in600 the Compact.601 E. Commission Rules shall be adopted at a regular or special meeting of the Commission.602 F. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at603 least thirty (30) days in advance of the meeting at which the Rule will be considered and604 voted upon, the Commission shall file a Notice of Proposed Rulemaking:605 1. On the website of the Commission or other publicly accessible platform; and606 2. To persons who have requested notice of the Commission's no tices of proposed607 rulemaking, and608 3. In such other way(s) as the Commission may by Rule specify.609 G. The Notice of Proposed Rulemaking shall include:610 1. The time, date, and location of the public hearing on the p roposed Rule and the611 proposed time, date and location of the meeting in which the pr oposed Rule will be612 considered and voted upon;613 2. The text of the proposed Rule and the reason for the proposed Rule;614 H. B. 1295 (SUB) - 24 - 26 LC 46 1472S 3. A request for comments on the proposed Rule from any interested person and the date615 by which written comments must be received; and616 4. The manner in which interested persons may submit notice to the Commission of their617 intention to attend the public hearing or provide any written comments.618 H. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit619 written data, facts, opinions, and arguments, which shall be made available to the public.620 I. If the hearing is to be held via electronic means, the Comm ission shall publish the621 mechanism for access to the electronic hearing.622 1. All persons wishing to be heard at the hearing shall as dir ected in the Notice of623 Proposed Rulemaking, not less than five (5) business days before the scheduled date of624 the hearing, notify the Commission of their desire to appear and testify at the hearing.625 2. Hearings shall be conducted in a manner providing each pers on who wishes to626 comment a fair and reasonable opportunity to comment orally or in writing.627 3. All hearings shall be recorded. A copy of the recording an d the written comments,628 data, facts, opinions, and arguments received in response to th e proposed rulemaking629 shall be made available to a person upon request.630 4. Nothing in this section shall be construed as requiring a s eparate hearing on each631 proposed Rule. Proposed Rules may be grouped for the convenience of the Commission632 at hearings required by this section.633 J. Following the public hearing the Commission shall consider all written and oral634 comments timely received.635 K. The Commission shall, by majority vote of all delegates, ta ke final action on the636 proposed Rule and shall determine the effective date of the Rule, if adopted, based on the637 Rulemaking record and the full text of the Rule.638 1. If adopted, the Rule shall be posted on the Commission's website.639 2. The Commission may adopt changes to the proposed Rule provided the changes do640 not enlarge the original purpose of the proposed Rule.641 H. B. 1295 (SUB) - 25 - 26 LC 46 1472S 3. The Commission shall provide on its website an explanation of the reasons for642 substantive changes made to the proposed Rule as well as reasons for substantive changes643 not made that were recommended by commenters.644 4. The Commission shall determine a reasonable effective date for the Rule. Except for645 an emergency as provided in subsection L, the effective date of the Rule shall be no646 sooner than thirty (30) days after the Commission issued the no tice that it adopted the647 Rule.648 L. Upon determination that an emergency exists, the Commission may consider and adopt649 an emergency Rule with twenty-four (24) hours prior notice, without the opportunity for650 comment, or hearing, provided that the usual rulemaking procedu res provided in this651 Compact and in this section shall be retroactively applied to the Rule as soon as reasonably652 possible, in no event later than ninety (90) days after the effective date of the Rule. For the653 purposes of this provision, an emergency Rule is one that must be adopted immediately by654 the Commission in order to:655 1. Meet an imminent threat to public health, safety, or welfare;656 2. Prevent a loss of Commission or Participating State funds;657 3. Meet a deadline for the promulgation of a Commission Rule t hat is established by658 federal law or Rule; or659 4. Protect public health and safety.660 M. The Commission or an authorized committee of the Commission may direct revisions661 to a previously adopted Commission Rule for purposes of correcting typographical errors,662 errors in format, errors in consistency, or grammatical errors. Public notice of any663 revisions shall be posted on the website of the Commission. The revision shall be subject664 to challenge by any person for a period of thirty (30) days after posting. The revision may665 be challenged only on grounds that the revision results in a material change to a Rule. A666 challenge shall be made as set forth in the notice of revisions and delivered to the667 Commission prior to the end of the notice period. If no challenge is made, the revision will668 H. B. 1295 (SUB) - 26 - 26 LC 46 1472S take effect without further action. If the revision is challenged, the revision may not take669 effect without the approval of the Commission.670 N. No Participating State's rulemaking requirements shall apply under this Compact.671 Section 10. Oversight, Dispute Resolution, and Enforcement672 A. Oversight673 1. The executive and judicial branches of State government in each Participating State674 shall enforce this Compact and take all actions necessary and appropriate to implement675 the Compact.676 2. Venue is proper and judicial proceedings by or against the Commission shall be677 brought solely and exclusively in a court of competent jurisdic tion where the principal678 office of the Commission is located. The Commission may waive venue and679 jurisdictional defenses to the extent it adopts or consents to participate in alternative680 dispute resolution proceedings . Nothing herein s hall affect or limit the selection or681 propriety of venue in any action against a licensee for profess ional malpractice,682 misconduct or any such similar matter.683 3. The Commission shall be entitled to receive service of proc ess in any proceeding684 regarding the enforcement or interpretation of the Compact or the Commission's Rules685 and shall have standing to intervene in such a proceeding for a ll purposes. Failure to686 provide the Commission with service of process shall render a judgment or order in such687 proceeding void as to the Commission, this Compact, or Commission Rules.688 B. Default, Technical Assistance, and Termination689 1. If the Commission determines that a Participating State has defaulted in the690 performance of its obligations or responsibilities under this Compact or the Commission691 Rules, the Commission shall provide written notice to the defau lting State and other692 Participating States. The notice shall describe the default, the proposed means of curing693 H. B. 1295 (SUB) - 27 - 26 LC 46 1472S the default and any other action that the Commission may take and shall offer remedial694 training and specific technical assistance regarding the default.695 2. If a State in default fails to cure the default, the defaul ting State may be terminated696 from this Compact upon an affirmative vote of a majority of the delegates of the697 Participating States, and all rights, privileges and benefits c onferred by this Compact698 upon such State may be terminated on the effective date of term ination. A cure of the699 default does not relieve the offending State of obligations or liabilities incurred during700 the period of default.701 3. Termination of participation in this Compact shall be impos ed only after all other702 means of securing compliance have been exhausted. Notice of in tent to suspend or703 terminate shall be given by the Commission to the governor, the majority and minority704 leaders of the defaulting State's legislature, and to the Licensing Board(s) of each of the705 Participating States.706 4. A State that has been terminated is responsible for all ass essments, obligations, and707 liabilities incurred through the effective date of termination, including obligations that708 extend beyond the effective date of termination.709 5. The Commission shall not bear any costs related to a State that is found to be in710 default or that has been terminated from this Compact, unless a greed upon in writing711 between the Commission and the defaulting State.712 6. The defaulting State may appeal its termination from the Compact by the Commission713 by petitioning the U.S. District Court for the District of Columbia or the federal district714 where the Commission has its principal offices. The prevailing member shall be awarded715 all costs of such litigation, including reasonable attorney's fees.716 7. Upon the termination of a State's participation in the Comp act, the State shall717 immediately provide notice to all Licensees within that State of such termination:718 H. B. 1295 (SUB) - 28 - 26 LC 46 1472S a. Licensees who have been granted a Compact Privilege in that State shall retain the719 Compact Privilege for one hundred eighty (180) days following t he effective date of720 such termination.721 b. Licensees who are licensed in that State who have been granted a Compact Privilege722 in a Participating State shall retain the Compact Privilege for one hundred eighty (180)723 days unless the Licensee also has a Qualifying License in a Par ticipating State or724 obtains a Qualifying License in a Participating State before th e one hundred eighty725 (180)-day period ends, in which case the Compact Privilege shall continue.726 C. Dispute Resolution727 1. Upon request by a Participating State, the Commission shall attempt to resolve728 disputes related to this Compact that arise among Participating States and between729 participating and non-Participating States.730 2. The Commission shall promulgate a Rule providing for both mediation and binding731 dispute resolution for disputes as appropriate.732 D. Enforcement733 1. The Commission, in the reasonable exercise of its discretio n, shall enforce the734 provisions of this Compact and Rules of the Commission.735 2. If compliance is not secured after all means to secure comp liance have been736 exhausted, by majority vote, the Commission may initiate legal action in the United737 States District Court for the District of Columbia or the feder al district where the738 Commission has its principal offices, against a Participating State in default to enforce739 compliance with the provisions of this Compact and the Commission's promulgated Rules740 and bylaws. The relief sought may include both injunctive reli ef and damages. In the741 event judicial enforcement is necessary, the prevailing party shall be awarded all costs742 of such litigation, including reasonable attorney's fees.743 3. The remedies herein shall not be the exclusive remedies of the Commission. The744 Commission may pursue any other remedies available under federal or State law.745 H. B. 1295 (SUB) - 29 - 26 LC 46 1472S E. Legal Action Against the Commission746 1. A Participating State may initiate legal action against the Commission in the U.S.747 District Court for the District of Columbia or the federal district where the Commission748 has its principal offices to enforce compliance with the provisions of the Compact and its749 Rules. The relief sought may include both injunctive relief and damages. In the event750 judicial enforcement is necessary, the prevailing party shall be awarded all costs of such751 litigation, including reasonable attorney's fees.752 2. No person other than a Participating State shall enforce th is Compact against the753 Commission.754 Section 11. Date of Implementation of the PA Licensure Compact Commission755 A. This Compact shall come into effect on the date on which th is Compact statute is756 enacted into law in the seventh Participating State.757 1. On or after the effective date of the Compact, the Commissi on shall convene and758 review the enactment of each of the States that enacted the Com pact prior to the759 Commission convening ("Charter Participating States") to determine if the statute enacted760 by each such Charter Participating State is materially different than the Model Compact.761 a. A Charter Participating State whose enactment is found to b e materially different762 from the Model Compact shall be entitled to the default process set forth in763 Section 10.B.764 b. If any Participating State later withdraws from the Compact or its participation is765 terminated, the Commission shall remain in existence and the Compact shall remain in766 effect even if the number of Participating States should be les s than seven. 767 Participating States enacting the Compact subsequent to the Com mission convening768 shall be subject to the process set forth in Section 7.C.21 to determine if their769 enactments are materially different from the Model Compact and whether they qualify770 for participation in the Compact.771 H. B. 1295 (SUB) - 30 - 26 LC 46 1472S 2. Participating States enacting the Compact subsequent to the seven initial Charter772 Participating States shall be subject to the process set forth in Section 7.C.21 to determine773 if their enactments are materially different from the Model Com pact and whether they774 qualify for participation in the Compact.775 3. All actions taken for the benefit of the Commission or in furtherance of the purposes776 of the administration of the Compact prior to the effective dat e of the Compact or the777 Commission coming into existence shall be considered to be actions of the Commission778 unless specifically repudiated by the Commission.779 B. Any State that joins this Compact shall be subject to the C ommission's Rules and780 bylaws as they exist on the date on which this Compact becomes law in that State. Any781 Rule that has been previously adopted by the Commission shall h ave the full force and782 effect of law on the day this Compact becomes law in that State.783 C. Any Participating State may withdraw from this Compact by e nacting a statute784 repealing the same.785 1. A Participating State's withdrawal shall not take effect until one hundred eighty (180)786 days after enactment of the repealing statute. During this one hundred eighty (180)787 day-period, all Compact Privileges that were in effect in the withdrawing State and were788 granted to Licensees licensed in the withdrawing State shall re main in effect. If any789 Licensee licensed in the withdrawing State is also licensed in another Participating State790 or obtains a license in another Participating State within the one hundred eighty (180)791 days, the Licensee's Compact Privileges in other Participating States shall not be affected792 by the passage of the one hundred eighty (180) days.793 2. Withdrawal shall not affect the continuing requirement of the State Licensing Board(s)794 of the withdrawing State to comply with the investigative, and Adverse Action reporting795 requirements of this Compact prior to the effective date of withdrawal.796 3. Upon the enactment of a statute withdrawing a State from this Compact, the State shall797 immediately provide notice of such withdrawal to all Licensees within that State. Such798 H. B. 1295 (SUB) - 31 - 26 LC 46 1472S withdrawing State shall continue to recognize all licenses gran ted pursuant to this799 Compact for a minimum of one hundred eighty (180) days after the date of such notice800 of withdrawal.801 D. Nothing contained in this Compact shall be construed to invalidate or prevent any PA802 licensure agreement or other cooperative arrangement between Pa rticipating States and803 between a Participating State and non-Participating State that does not conflict with the804 provisions of this Compact.805 E. This Compact may be amended by the Participating States. N o amendment to this806 Compact shall become effective and binding upon any Participating State until it is enacted807 materially in the same manner into the laws of all Participating States as determined by the808 Commission.809 Section 12. Construction and Severability810 A. This Compact and the Commission's rulemaking authority shall be liberally construed811 so as to effectuate the purposes, and the implementation and ad ministration of the812 Compact. Provisions of the Compact expressly authorizing or requiring the promulgation813 of Rules shall not be construed to limit the Commission's rulemaking authority solely for814 those purposes.815 B. The provisions of this Compact shall be severable and if any phrase, clause, sentence816 or provision of this Compact is held by a court of competent jurisdiction to be contrary to817 the constitution of any Participating State, a State seeking participation in the Compact, or818 of the United States, or the applicability thereof to any gover nment, agency, person or819 circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity820 of the remainder of this Compact and the applicability thereof to any other government,821 agency, person or circumstance shall not be affected thereby.822 C. Notwithstanding subsection B or this section, the Commissio n may deny a State's823 participation in the Compact or, in accordance with the require ments of Section10.B,824 H. B. 1295 (SUB) - 32 - 26 LC 46 1472S terminate a Participating State's participation in the Compact, if it determines that a825 constitutional requirement of a Participating State is, or would be with respect to a State826 seeking to participate in the Compact, a material departure from the Compact. Otherwise,827 if this Compact shall be held to be contrary to the constitution of any Participating State,828 the Compact shall remain in full force and effect as to the remaining Participating States829 and in full force and effect as to the Participating State affected as to all severable matters.830 Section 13. Binding Effect of Compact831 A. Nothing herein prevents the enforcement of any other law of a Participating State that832 is not inconsistent with this Compact.833 B. Any laws in a Participating State in conflict with this Com pact are superseded to the834 extent of the conflict.835 C. All agreements between the Commission and the Participating States are binding in836 accordance with their terms."837 SECTION 5.838 This Act shall become effective on July 1, 2027. 839 SECTION 6.840 All laws and parts of laws in conflict with this Act are repealed.841 H. B. 1295 (SUB) - 33 -