BILL ANALYSIS

 

 

Senate Research Center

H.B. 1731

89R19086 DNC-D

By: Campos et al. (Paxton)

 

Business & Commerce

 

5/21/2025

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 1731 adopts the model legislation for the Physician Assistant (PA) Licensure Compact, which allows for PA licensing reciprocity between Texas and other member states once the compact activates in early 2026. This bill expands patient access to highly qualified practitioners and reduces administrative burdens on PAs for obtaining and maintaining licenses in multiple states.   

 

H.B. 1731 amends current law relating to the physician assistant licensure compact and authorizes a fee.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Physician Assistant Licensure Compact Commission in SECTION 1 (Section 204.401, Occupations Code) of this bill.

 

Rulemaking authority is expressly granted to the Texas Physician Assistant Board in SECTION 1 (Section 204.403, Occupations Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 204, Occupations Code, by adding Subchapter I, as follows:

 

SUBCHAPTER I. PHYSICIAN ASSISTANT LICENSURE COMPACT

 

Sec. 204.401. PHYSICIAN ASSISTANT LICENSURE COMPACT. Provides that the Physician Assistant Licensure Compact is enacted and entered into with all other jurisdictions that legally join in the compact, which reads as follows:

 

PA LICENSURE COMPACT

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Section 1. Purpose

 

Sets forth the purpose of the PA Licensure Compact.

 

Section 2. Definitions

 

Defines "adverse action," "compact privilege," "conviction," "criminal background check," "data system," "executive committee," "impaired practitioner," "investigative information," "jurisprudence requirement," "license," "licensee," "licensing board," "medical services," "model compact," "participating state," "PA," "PA Licensure Compact Commission," "Compact Commission," "Commission," "qualifying license," "remote state," "rule," "significant investigative information," and "state."

 

Section 3. State Participation in this Compact

 

A. Requires a Participating State, to participate in this Compact, to adhere to certain requirements and responsibilities.

 

B. Provides that nothing in this Compact prohibits a Participating State from charging a fee for granting the Compact Privilege.

 

Section 4. Compact Privilege

 

A. Requires a Licensee, to exercise the Compact Privilege, to have fulfilled certain requirements.

 

B. Provides that the Compact Privilege is valid until the expiration or revocation of the Qualifying License unless terminated pursuant to an Adverse Action. Requires the Licensee to also comply with all of the requirements of Subsection A above to maintain the Compact Privilege in a Remote State. Requires the Licensee, if the Participating State takes Adverse Action against a Qualifying License, to lose the Compact Privilege in any Remote State in which the Licensee has a Compact Privilege until all of the following occur:

 

1. The License is no longer limited or restricted; and

 

2. two (2) years have elapsed from the date on which the License is no longer limited or restricted due to the Adverse Action.

 

C. Requires the Licensee, once a restricted or limited License satisfies the requirements of Subsection B.1 and 2, to meet the requirements of Subsection A to obtain a Compact Privilege in any Remote State,

 

D. Requires the PA, for each Remote State in which a PA seeks authority to prescribe controlled substances, to satisfy all requirements imposed by such State in granting or renewing such authority.

 

E. Provides that, for each Remote State in which a PA exercises the Compact Privilege, the PA is subject to the laws of the Remote State that establish, restrict, or otherwise regulate the medical services a PA is authorized to perform, including any requirements concerning physician delegation and supervision, collaboration, and any prescribing authority requirements.

 

Section 5. Designation of the State from Which Licensee is Applying for a Compact Privilege

 

A. Requires the Licensee, upon a Licensee's application for a Compact Privilege, to identify to the Commission the Participating State from which the Licensee is applying, in accordance with applicable Rules adopted by the Commission, and subject to the following requirements:

 

1. Requires the Licensee, when applying for a Compact Privilege, to provide the Commission with the address of the Licensee's primary residence and thereafter is required to immediately report to the Commission any change in the address of the Licensee's primary residence.

 

2. Provides that, when applying for a Compact Privilege, the Licensee is required to consent to accept service of process by mail at the Licensee's primary residence on file with the Commission with respect to any action brought against the Licensee by the Commission or a Participating State, including a subpoena, with respect to any action brought or investigation conducted by the Commission or a Participating State.

 

Section 6. Adverse Actions

 

A. Requires a Participating State in which a Licensee is licensed to have exclusive power to impose Adverse Action against the Qualifying License issued by that Participating State.

 

B. Requires a Remote State, in addition to the other powers conferred by State law, to have the authority, in accordance with existing State due process law, to do all of the following:

 

1. Take Adverse Action against a PA's Compact Privilege within that State to remove a Licensee's Compact Privilege or take other action necessary under applicable law to protect the health and safety of its citizens.

 

2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Requires that subpoenas issued by a Licensing Board in a Participating State for the attendance and testimony of witnesses or the production of evidence from another Participating State be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. Requires the issuing authority to pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the State in which the witnesses or evidence are located.

 

3. Prohibits subpoenas, notwithstanding paragraph 1, from being issued by a Participating State to gather evidence of conduct in another State that is lawful in that other State for the purpose of taking Adverse Action against a Licensee's Compact Privilege or application for a Compact Privilege in that Participating State.

 

4. Provides that nothing in this Compact authorizes a Participating State to impose discipline against a PA's Compact Privilege or to deny an application for a Compact Privilege in that Participating State for the individual's otherwise lawful practice in another State.

 

C. Requires the Participating State which issued the Qualifying License, for purposes of taking Adverse Action, to give the same priority and effect to reported conduct received from any other Participating State as it would if the conduct had occurred within the Participating State which issued the Qualifying License. Requires that Participating State, in so doing, to apply its own State Laws to determine appropriate action.

 

D. Authorizes a Participating State, if otherwise permitted by State law, to recover from the affected PA the costs of investigations and disposition of cases resulting from any Adverse Action taken against that PA.

 

E. Authorizes a Participating State to take Adverse Action based on the factual findings of a Remote State, provided that the Participating State follows its own procedures for taking the Adverse Action.

 

F. Joint Investigations

 

1. Authorizes any Participating State, in addition to the authority granted to a Participating State by its respective State PA laws and regulations or other applicable State law, to participate with other Participating States in joint investigations of Licensees.

 

2. Requires Participating States to share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this Compact.

 

G. Requires that the PA's Compact Privilege in all Remote States, if an Adverse Action is taken against a PA's Qualifying License, be deactivated until two (2) years have elapsed after all restrictions have been removed from the State License. Requires that all disciplinary orders by the Participating State which issued the Qualifying License that impose Adverse Action against a PA's License include a Statement that the PA's Compact Privilege is deactivated in all Participating States during the pendency of the order.

 

H. Requires any Participating State, if it takes Adverse Action, to promptly notify the administrator of the Data System.

 

Section 7. Establishment of the PA Licensure Compact Commission

 

A. Provides that the Participating States hereby create and establish a joint government agency and national administrative body known as the PA Licensure Compact Commission (Commission). Provides that the Commission is an instrumentality of the Compact States acting jointly and not an instrumentality of any one State. Requires the Commission to come into existence on or after the effective date of the Compact as set forth in Section 11.A.

 

B. Membership, Voting, and Meetings

 

1. Requires each Participating State to have and be limited to one (1) delegate selected by that Participating State's Licensing Board or, if the State has more than one Licensing Board, selected collectively by the Participating State's Licensing Boards.

 

2. Requires the delegate to be either a current PA, physician or public member of a Licensing Board or PA Council/Committee, or an administrator of a Licensing Board.

 

3. Authorizes any delegate to be removed or suspended from office as provided by the laws of the State from which the delegate is appointed.

 

4. Requires the Participating State Licensing Board to fill any vacancy occurring in the Commission within sixty (60) days.

 

5. Requires each delegate to be entitled to one (1) vote on all matters voted on by the Commission and to otherwise have an opportunity to participate in the business and affairs of the Commission. Requires a delegate to vote in person or by such other means as provided in the bylaws. Authorizes the bylaws to provide for delegates' participation in meetings by telecommunications, video conference, or other means of communication.

 

6. Requires the Commission to meet at least once during each calendar year. Requires that additional meetings be held as set forth in this Compact and the bylaws.

 

7. Requires the Commission to establish by Rule a term of office for delegates.

 

C. Requires the Commission to have certain powers and duties.

 

D. Meetings of the Commission

 

1. Requires that all meetings of the Commission that are not closed pursuant to this subsection be open to the public. Requires that notice of public meetings be posted on the Commission's website at least thirty (30) days prior to the public meeting.

 

2. Authorizes the Commission, notwithstanding subsection D.1 of this section, to convene a public meeting by providing at least twenty-four (24) hours prior notice on the Commission's website, and any other means as provided in the Commission's Rules, for any of the reasons it may dispense with notice of proposed rulemaking under Section 9.L.

 

3. Authorizes the Commission to convene in a closed, non-public meeting or non-public part of a public meeting to receive legal advice or to discuss certain legal and confidential matters.

 

4. Requires the chair of the meeting or the chair's designee, if a meeting, or portion of a meeting, is closed pursuant to this provision, to certify that the meeting or portion of the meeting may be closed and is required to reference each relevant exempting provision.

 

5. Requires the Commission to keep minutes that fully and clearly describe all matters discussed in a meeting and to provide a full and accurate summary of actions taken, including a description of the views expressed. Requires that all documents considered in connection with an action be identified in such minutes. Requires that all minutes and documents of a closed meeting remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

 

E. Financing of the Commission

 

1. Requires the Commission to pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

 

2. Authorizes the Commission to accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

 

3. Authorizes the Commission to levy on and collect an annual assessment from each Participating State and to impose Compact Privilege fees on Licensees of Participating States to whom a Compact Privilege is granted to cover the cost of the operations and activities of the Commission and its staff, which is required to be in a total amount sufficient to cover its annual budget as approved by the Commission each year for which revenue is not provided by other sources. Requires that the aggregate annual assessment amount levied on Participating States be allocated based upon a formula to be determined by Commission Rule.

 

a. Provides that a Compact Privilege expires when the Licensee's Qualifying License in the Participating State from which the Licensee applied for the Compact Privilege expires.

 

b. Requires the Licensee, if the Licensee terminates the Qualifying License through which the Licensee applied for the Compact Privilege before its scheduled expiration, and the Licensee has a Qualifying License in another Participating State, to inform the Commission that it is changing to that Participating State the Participating State through which it applies for a Compact Privilege and pay to the Commission any Compact Privilege fee required by Commission Rule.

 

4. Requires the Commission to not incur obligations of any kind prior to securing the funds adequate to meet the same; nor is the Commission required to pledge the credit of any of the Participating States, except by and with the authority of the Participating State.

 

5. Requires the Commission to keep accurate accounts of all receipts and disbursements. Requires that the receipts and disbursements of the Commission be subject to the financial review and accounting procedures established under its bylaws. Requires that all receipts and disbursements of funds handled by the Commission be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review is required to be included in and become part of the annual report of the Commission.

 

F. The Executive Committee

 

1. Requires the Executive Committee to have the power to act on behalf of the Commission according to the terms of this Compact and Commission Rules.

 

2. Requires the Executive Committee to be composed of nine (9) members from certain elections and ex-officio organizations.

 

3. Provides that the ex-officio members will be selected by their respective organizations.

 

4. Authorizes the Commission to remove any member of the Executive Committee as provided in its bylaws.

 

5. Requires the Executive Committee to meet at least annually.

 

6. Requires the Executive Committee to have certain duties and responsibilities on behalf of the Commission's Rules or bylaws.

 

7. Requires that 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 be open to the public and public notice of such meetings are required to be given as public meetings of the Commission are given.

 

8. Authorizes the Executive Committee to convene in a closed, non-public meeting for the same reasons that the Commission is authorized convene in a non-public meeting as set forth in Section 7.D 3 and is required to announce the closed meeting as the Commission is required to under Section 7.D.4 and keep minutes of the closed meeting as the Commission is required to under Section 7.D.5.

 

G. Qualified Immunity, Defense, and Indemnification

 

1. Requires the members, officers, executive director, employees and representatives of the Commission to 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 paragraph is required to 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. Prohibits the procurement of insurance of any type by the Commission from in any way compromising or limiting the immunity granted hereunder.

 

2. Requires the Commission to 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.

 

3. Requires the Commission to 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.

 

4. Provides that the venue is proper and requires that judicial proceedings by or against the Commission be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. Authorizes the Commission to waive venue and jurisdictional defenses in any proceedings as authorized by Commission Rules.

 

5. Requires that nothing herein be construed as a limitation on the liability of any Licensee for professional malpractice or misconduct, which is required to be governed solely by any other applicable State laws.

 

6. Requires that nothing herein 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. Requires that all such matters be determined exclusively by State law other than this Compact.

 

7. Requires that nothing in this Compact 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 or a person's intentional or willful or wanton misconduct.

 

 

8. Requires that nothing in this Compact be construed to be a waiver of sovereign immunity by the Participating States or by the Commission.

 

Section 8. Data System

 

A. Requires the Commission to 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.

 

B. Requires a Participating State, notwithstanding any other State law to the contrary, to 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 identifying information, licensure data, adverse actions against a License or Compact Privilege, 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), the existence of Significant Investigative Information, and other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission.

 

C. Provides that significant Investigative Information pertaining to a Licensee in any Participating State is required to only be available to other Participating States.

 

D. Requires the Commission to 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. Requires that this Adverse Action information be available to any other Participating State.

 

E. Authorizes Participating States contributing information to the Data System, in accordance with State or federal law, to designate information that is prohibited from being shared with the public without the express permission of the contributing State. Requires that such information, notwithstanding any such designation, be reported to the Commission through the Data System.

 

F. Requires that 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 be removed from the Data System upon reporting of such by the Participating State to the Commission.

 

G. Requires that 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, constitute the authenticated business records of the Commission, and are required to be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a Participating State.

 

Section 9. Rulemaking

 

A. Requires the Commission to exercise its Rulemaking powers pursuant to the criteria set forth in this Section and the Rules adopted thereunder. Requires that Commission Rules become binding as of the date specified by the Commission for each Rule.

 

B. Requires the Commission to promulgate reasonable Rules in order to effectively and efficiently implement and administer this Compact and achieve its purposes. Requires that a Commission Rule 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 rulemaking 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.

 

C. Requires that the Rules of the Commission 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 are required to be ineffective in that State to the extent of the conflict.

 

D. Provides that 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 is required to have no further force and effect in any Participating State or to any State applying to participate in the Compact.

 

E. Requires that Commission Rules be adopted at a regular or special meeting of the Commission.

 

F. Requires the Commission, 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, to file a Notice of Proposed Rulemaking on the website of the Commission or other publicly accessible platform, to persons who have requested notice of the Commission's notices of proposed rulemaking, and in such other way(s) as the Commission is required by Rule to specify.

 

G. Requires that the Notice of Proposed Rulemaking include certain details and guidelines.

 

H. Requires the Commission, prior to adoption of a proposed Rule, to allow persons to submit written data, facts, opinions, and arguments, which is required to be made available to the public.

 

I. Requires the Commission, if the hearing is to be held via electronic means, to publish the mechanism for access to the electronic hearing.

 

1. Requires all persons wishing to be heard at the hearing, as directed in the Notice of Proposed Rulemaking, not less than five (5) business days before the scheduled date of the hearing, to notify the Commission of their desire to appear and testify at the hearing.

 

2. Requires that hearings be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

 

3. Requires that all hearings be recorded. Requires that a copy of the recording and the written comments, data, facts, opinions, and arguments received in response to the proposed rulemaking be made available to a person upon request.

 

4. Requires that nothing in this section be construed as requiring a separate hearing on each proposed Rule. Authorizes proposed Rules to be grouped for the convenience of the Commission at hearings required by this section.

 

J. Requires the Commission, following the public hearing, to consider all written and oral comments timely received.

 

K. Requires the Commission, by majority vote of all delegates, to take final action on the proposed Rule and determine the effective date of the Rule, if adopted, based on the Rulemaking record and the full text of the Rule.

 

1. Requires that the Rule, if adopted, be posted on the Commission's website.

 

2. Authorizes the Commission to adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule.

 

3. Requires the Commission to 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.

 

4. Requires the Commission to determine a reasonable effective date for the Rule. Requires that, except for an emergency as provided in subsection L, the effective date of the Rule be no sooner than thirty (30) days after the Commission issued the notice that it adopted the Rule.

 

L. Authorizes the Commission, upon determination that an emergency exists, to consider and adopt an emergency Rule with twenty-four (24) hours prior notice, without the opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in this Compact and in this section is required to 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. Requires that, for the purposes of this provision, an emergency Rule is one that is adopted immediately by the Commission in order to meet an imminent threat to public health, safety, or welfare, prevent a loss of Commission or Participating State funds, meet a deadline for the promulgation of a Commission Rule that is established by federal law or Rule or protect public health and safety.

 

M. Authorizes the Commission or an authorized committee of the Commission to direct revisions to a previously adopted Commission Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Requires that public notice of any revisions be posted on the website of the Commission. Requires that the revision be subject to challenge by any person for a period of thirty (30) days after posting. Provide that the revision is authorized to be challenged only on grounds that the revision results in a material change to a Rule. Requires that a challenge be made as set forth in the notice of revisions and delivered to the Commission prior to the end of the notice period. Provides that, if no challenge is made, the revision will take effect without further action. Prohibits the revision, if the revision is challenged, from taking effect without the approval of the Commission.

 

N. Requires that no Participating State's rulemaking requirements apply under this Compact.

 

Section 10. Oversight, Dispute Resolution, and Enforcement

 

A. Oversight

 

1. Requires the executive and judicial branches of State government in each Participating State to enforce this Compact and take all actions necessary and appropriate to implement the Compact.

 

2. Provides that the venue is proper and requires that judicial proceedings by or against the Commission be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. Authorizes the Commission to waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Requires that nothing herein affects or limits the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.

 

3. Requires the Commission to be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact or the Commission's Rules and have standing to intervene in such a proceeding for all purposes. Requires that failure to provide the Commission with service of process to render a judgement or order in such proceeding void as to the Commission, this Compact, or Commission Rules.

 

B. Default, Technical Assistance, and Termination

 

1. Requires the Commission, 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, to provide written notice to the defaulting State and other Participating States. Requires that the notice describe the default, the proposed means of curing the default and any other action that the Commission is authorized to take and to offer remedial training and specific technical assistance regarding the default.

 

2. Authorizes the defaulting State, if a State in default fails to cure the default, to 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 are authorized to be terminated on the effective date of termination. Provides that a cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.

 

3. Requires that termination of participation in this Compact be imposed only after all other means of securing compliance have been exhausted. Requires that notice of intent to suspend or terminate 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.

 

4. Provides that 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.

 

5. Requires the Commission to 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.

 

6. Authorizes the defaulting State to 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. Requires the prevailing member to be awarded all costs of such litigation, including reasonable attorney's fees.

 

7. Requires the State, upon the termination of a State's participation in the Compact, to immediately provide notice to all Licensees within that State of such termination:

 

a. Requires Licensees who have been granted a Compact Privilege in that State to retain the Compact Privilege for one hundred eighty (180) days following the effective date of such termination.

 

b. Requires Licensees who are licensed in that State who have been granted a Compact Privilege in a Participating State to 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 is required to continue.

 

C. Dispute Resolution

 

1. Requires the Commission, upon request by a Participating State, to attempt to resolve disputes related to this Compact that arise among Participating States and between participating and non-Participating States.

 

2. Requires the Commission to promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.

 

D. Enforcement

 

1. Requires the Commission, in the reasonable exercise of its discretion, to enforce the provisions of this Compact and Rules of the Commission.

 

2. Authorizes the Commission, if compliance is not secured after all means to secure compliance have been exhausted, by majority vote, to 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. Authorizes the relief sought to include both injunctive relief and damages. Requires the prevailing party, in the event judicial enforcement is necessary, to be awarded all costs of such litigation, including reasonable attorney's fees.

 

3. Prohibits the remedies herein from being be the exclusive remedies of the Commission. Authorizes the Commission to pursue any other remedies available under federal or State law.

 

E. Legal Action Against the Commission

 

1. Authorizes a Participating State to initiate legal action against the Commission in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its Rules. Authorizes the relief sought to include both injunctive relief and damages. Requires the prevailing party, in the event judicial enforcement is necessary, to be awarded all costs of such litigation, including reasonable attorney's fees.

 

2. Provides that no person other than a Participating State is required to enforce this Compact against the Commission.

 

Section 11. Date of Implementation of the PA Licensure Compact Commission

 

A. Requires that this Compact come into effect on the date on which this Compact statute is enacted into law in the seventh Participating State.

 

1. Requires the Commission, on or after the effective date of the Compact, to convene and review the enactment of each of the States that enacted the Compact prior to the Commission convening ("Charter Participating States") to determine if the statute enacted by each such Charter Participating State is materially different than the Model Compact.

 

a. Requires a Charter Participating State whose enactment is found to be materially different from the Model Compact to be entitled to the default process set forth in Section 10.B.

 

b. Requires the Commission, if any Participating State later withdraws from the Compact or its participation is terminated, to remain in existence and the Compact is required to remain in effect even if the number of Participating States should be less than seven. Requires Participating States enacting the Compact subsequent to the Commission convening to be subject to the process set forth in Section 7.C.21 (relating to requiring the Commission to have the power to approve or disapprove a State's participation in the Compact based upon its determination as to whether the State's Compact legislation departs in a material manner from the Model Compact language) to determine if their enactments are materially different from the Model Compact and whether they qualify for participation in the Compact.

 

2. Requires Participating States enacting the Compact subsequent to the seven initial Charter Participating States to be subject to the process set forth in Section 7.C.21 to determine if their enactments are materially different from the Model Compact and whether they qualify for participation in the Compact.

 

3. Requires that all actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of the Compact prior to the effective date of the Compact or the Commission coming into existence be considered to be actions of the Commission unless specifically repudiated by the Commission.

 

B. Requires any State that joins this Compact to be subject to the Commission's Rules and bylaws as they exist on the date on which this Compact becomes law in that State. Requires that any Rule that has been previously adopted by the Commission have the full force and effect of law on the day this Compact becomes law in that State.

 

�C. Authorizes any Participating State to withdraw from this Compact by enacting a statute repealing the same.

 

1. Prohibits a Participating State's withdrawal from taking effect until one hundred eighty (180) days after enactment of the repealing statute. Requires that, during this 180 day-period, all Compact Privileges that were in effect in the withdrawing State and were granted to Licensees licensed in the withdrawing State remain in effect. Requires that the Licensee's Compact Privileges in other Participating States, if any Licensee licensed in the withdrawing State is also licensed in another Participating State or obtains a license in another Participating State within the 180 days, not be affected by the passage of the 180 days.

 

2. Requires that withdrawal not affect the continuing requirement of the State Licensing Board(s) of the withdrawing State to comply with the investigative, and Adverse Action reporting requirements of this Compact prior to the effective date of withdrawal.

 

3. Requires the State, upon the enactment of a statute withdrawing a State from this Compact, to immediately provide notice of such withdrawal to all Licensees within that State. Requires such withdrawing State to continue to recognize all licenses granted pursuant to this Compact for a minimum of one hundred eighty (180) days after the date of such notice of withdrawal.

 

D. Requires that nothing contained in this Compact be construed to invalidate or prevent any PA licensure agreement or other cooperative arrangement between Participating States and between a Participating State and non-Participating State that does not conflict with the provisions of this Compact.

 

E. Authorizes this Compact to be amended by the Participating States. Requires that no amendment to this Compact become effective and binding upon any Participating State until it is enacted materially in the same manner into the laws of all Participating States as determined by the Commission.

 

Section 12. Construction and Severability

 

A. Requires that this Compact and the Commission's rulemaking authority be liberally construed so as to effectuate the purposes, and the implementation and administration of the Compact. Prohibited provisions of the Compact expressly authorizing or requiring the promulgation of Rules from being construed to limit the Commission's rulemaking authority solely for those purposes.

 

B. Requires that the provisions of this Compact be severable and if any phrase, clause, sentence or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Participating State, a State seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person or circumstance are required to not be affected thereby.

 

C. Authorizes the Commission, notwithstanding subsection B or this section, to deny a State's participation in the Compact or, in accordance with the requirements of Section10.B, terminate a Participating State's participation in the Compact, if it determines that a constitutional requirement of a Participating State is, or would be with respect to a State seeking to participate in the Compact, a material departure from the Compact. Requires that, otherwise, if this compact is held to be contrary to the constitution of any Participating State, the Compact remain in full force and effect as to the remaining Participating States and in full force and effect as to the Participating State affected as to all severable matters.

 

Section 13. Binding Effect of Compact

 

A. Provides that nothing herein prevents the enforcement of any other law of a Participating State that is not inconsistent with this Compact.

 

�B. Provides that any laws in a Participating State in conflict with this Compact are superseded to the extent of the conflict.

 

C. Provides that all agreements between the Commission and the Participating States are binding in accordance with their terms.

 

Sec. 204.402. ADMINISTRATION OF COMPACT. Provides that the Texas Physician Assistant Board (PAB) is the Physician Assistant Licensure Compact administrator for this state.

 

Sec. 204.403. RULES. Authorizes PAB to adopt rules necessary to implement this subchapter.

 

SECTION 2. Effective date: September 1, 2025.