This document includes House Floor Amendments incorporated into the bill on Wed, Mar 1, 2023 at 10:06 AM by pflowers.
Senator Curtis S. Bramble proposes the following substitute bill:


1     
RECIPROCAL PROFESSIONAL LICENSING

2     
AMENDMENTS

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Curtis S. Bramble

6     
House Sponsor: A. Cory Maloy

7     

8     LONG TITLE
9     General Description:
10          This bill addresses reciprocal professional licensing and certification by certain state
11     agencies.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     enacts the Interstate Teacher Mobility Compact;
16          ▸     enacts the PA Licensure Compact;
17          ▸     creates a process for the following state agencies to issue certain professional
18     licenses and certificates by endorsement:
19               •     the Department of Agriculture and Food;
20               •     the Pete Suazo Utah Athletic Commission within the Department of Cultural
21     and Community Engagement;
22               •     the Department of Commerce;
23               •     the Department of Environmental Quality;
24               •     the Department of Health and Human Services;
25               •     the Utah State Office of Rehabilitation within the Department of Workforce

26     Services;
27               •     the Labor Commission;
28               •     the State Board of Education; and
29               •     the Department of Transportation;
30          ▸     provides administrative rulemaking authority; and
31          ▸     makes technical and conforming changes.
32     Money Appropriated in this Bill:
33          None
34     Other Special Clauses:
35          None
36     Utah Code Sections Affected:
37     AMENDS:
38          58-1-301.5, as last amended by Laws of Utah 2022, Chapters 221, 438 and 466
39          58-1-302, as last amended by Laws of Utah 2022, Chapter 415
40          58-70a-302, as last amended by Laws of Utah 2021, Chapter 312
41     ENACTS:
42          4-1-112, Utah Code Annotated 1953
43          9-23-301.5, Utah Code Annotated 1953
44          13-1-17, Utah Code Annotated 1953
45          19-1-208, Utah Code Annotated 1953
46          26B-3-102, Utah Code Annotated 1953
47          35A-13-606.5, Utah Code Annotated 1953
48          40-2-403, Utah Code Annotated 1953
49          53E-6-205, Utah Code Annotated 1953
50          53E-6-1100, Utah Code Annotated 1953
51          53E-6-1101, Utah Code Annotated 1953
52          53E-6-1102, Utah Code Annotated 1953
53          53E-6-1103, Utah Code Annotated 1953
54          53E-6-1104, Utah Code Annotated 1953
55          53E-6-1105, Utah Code Annotated 1953
56          53E-6-1106, Utah Code Annotated 1953

57          53E-6-1107, Utah Code Annotated 1953
58          53E-6-1108, Utah Code Annotated 1953
59          53E-6-1109, Utah Code Annotated 1953
60          53E-6-1110, Utah Code Annotated 1953
61          53E-6-1111, Utah Code Annotated 1953
62          53E-6-1112, Utah Code Annotated 1953
63          58-70a-301.1, Utah Code Annotated 1953
64          58-70c-101, Utah Code Annotated 1953
65          58-70c-102, Utah Code Annotated 1953
66          58-70c-103, Utah Code Annotated 1953
67          58-70c-104, Utah Code Annotated 1953
68          58-70c-105, Utah Code Annotated 1953
69          58-70c-106, Utah Code Annotated 1953
70          58-70c-107, Utah Code Annotated 1953
71          58-70c-108, Utah Code Annotated 1953
72          58-70c-109, Utah Code Annotated 1953
73          58-70c-110, Utah Code Annotated 1953
74          58-70c-111, Utah Code Annotated 1953
75          58-70c-112, Utah Code Annotated 1953
76          58-70c-113, Utah Code Annotated 1953
77          58-70c-201, Utah Code Annotated 1953
78          72-9-602.5, Utah Code Annotated 1953
79     

80     Be it enacted by the Legislature of the state of Utah:
81          Section 1. Section 4-1-112 is enacted to read:
82          4-1-112. License by endorsement.
83          (1) As used in this section, "license" means an authorization that permits the holder to
84     engage in the practice of a profession regulated under this title.
85          (2) Subject to Subsections (4) through (7), the department shall issue a license to an
86     applicant who has been licensed in another state, district, or territory of the United States if:
87          (a) the department determines that the license issued by the other state, district, or

88     territory encompasses a similar scope of practice as the license sought in this state;
89          (b) the applicant has at least one year of experience practicing under the license issued
90     in the other state, district, or territory; and
91          (c) the applicant's license is in good standing in the other state, district, or territory.
92          (3) Subject to Subsections (4) through (7), the department may issue a license to an
93     applicant who:
94          (a) has been licensed in another state, district, or territory of the United States, or in a
95     jurisdiction outside of the United States, if:
96          (i) (A) the department determines that the applicant's education, experience, and skills
97     demonstrate competency in the profession for which licensure is sought in this state; and
98          (B) the applicant has at least one year of experience practicing under the license issued
99     in the other state, district, territory, or jurisdiction; or
100          (ii) the department determines that the licensure requirements of the other state,
101     district, territory, or jurisdiction at the time the license was issued were substantially similar to
102     the requirements for the license sought in this state; or
103          (b) has never been licensed in a state, district, or territory of the United States, or in a
104     jurisdiction outside of the United States, if:
105          (i) the applicant was educated in or obtained relevant experience in a state, district, or
106     territory of the United States, or a jurisdiction outside of the United States; and
107          (ii) the department determines that the education or experience was substantially
108     similar to the education or experience requirements for the license sought in this state.
109          (4) The department may refuse to issue a license to an applicant under this section if:
110          (a) the department determines that there is reasonable cause to believe that the
111     applicant is not qualified to receive the license in this state; or
112          (b) the applicant has a previous or pending disciplinary action related to the applicant's
113     other license.
114          (5) Before the department issues a license to an applicant under this section, the
115     applicant shall:
116          (a) pay a fee determined by the department under Section 63J-1-504; and
117          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
118     standing in the profession for which licensure is sought in this state.

119          (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
120     Administrative Rulemaking Act, prescribing the administration and requirements of this
121     section.
122          (7) This section is subject to and may be supplemented or altered by licensure
123     endorsement provisions or multistate licensure compacts in specific chapters of this title.
124          Section 2. Section 9-23-301.5 is enacted to read:
125          9-23-301.5. License by endorsement.
126          (1) As used in this section, "license" means an authorization that permits the holder to
127     engage in the practice of a profession regulated under this chapter.
128          (2) Subject to Subsections (4) through (6), the commission shall issue a license to an
129     applicant who has been licensed in another state, district, or territory of the United States if:
130          (a) the commission determines that the license issued by the other state, district, or
131     territory encompasses a similar scope of practice as the license sought in this state;
132          (b) the applicant has at least one year of experience practicing under the license issued
133     in the other state, district, or territory; and
134          (c) the applicant's license is in good standing in the other state, district, or territory.
135          (3) Subject to Subsections (4) through (6), the commission may issue a license to an
136     applicant who:
137          (a) has been licensed in another state, district, or territory of the United States, or in a
138     jurisdiction outside of the United States, if:
139          (i) (A) the commission determines that the applicant's education, experience, and skills
140     demonstrate competency in the profession for which licensure is sought in this state; and
141          (B) the applicant has at least one year of experience practicing under the license issued
142     in the other state, district, territory, or jurisdiction; or
143          (ii) the commission determines that the licensure requirements of the other state,
144     district, territory, or jurisdiction at the time the license was issued were substantially similar to
145     the requirements for the license sought in this state; or
146          (b) has never been licensed in a state, district, or territory of the United States, or in a
147     jurisdiction outside of the United States, if:
148          (i) the applicant was educated in or obtained relevant experience in a state, district, or
149     territory of the United States, or a jurisdiction outside of the United States; and

150          (ii) the commission determines that the education or experience was substantially
151     similar to the education or experience requirements for the license sought in this state.
152          (4) The commission may refuse to issue a license to an applicant under this section if:
153          (a) the commission determines that there is reasonable cause to believe that the
154     applicant is not qualified to receive the license in this state; or
155          (b) the applicant has a previous or pending disciplinary action related to the applicant's
156     other license.
157          (5) Before the commission issues a license to an applicant under this section, the
158     applicant shall:
159          (a) pay a fee determined by the commission under Section 63J-1-504; and
160          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
161     standing in the profession for which licensure is sought in this state.
162          (6) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
163     Administrative Rulemaking Act, prescribing the administration and requirements of this
164     section.
165          Section 3. Section 13-1-17 is enacted to read:
166          13-1-17. License by endorsement.
167          (1) As used in this section:
168          (a) "License" means, except as provided in Subsection (1)(b), an authorization that
169     permits the holder to engage in the practice of a profession regulated under this title.
170          (b) "License" does not include an authorization that permits the holder to engage in the
171     practice of a profession regulated by the Division of Real Estate under Title 61, Securities
172     Division - Real Estate Division, or the Division of Professional Licensing under Title 58,
173     Occupations and Professions.
174          (2) Subject to Subsections (4) through (7), the department shall issue a license to an
175     applicant who has been licensed in another state, district, or territory of the United States if:
176          (a) the department determines that the license issued by the other state, district, or
177     territory encompasses a similar scope of practice as the license sought in this state;
178          (b) the applicant has at least one year of experience practicing under the license issued
179     in the other state, district, or territory; and
180          (c) the applicant's license is in good standing in the other state, district, or territory.

181          (3) Subject to Subsections (4) through (7), the department may issue a license to an
182     applicant who:
183          (a) has been licensed in another state, district, or territory of the United States, or in a
184     jurisdiction outside of the United States, if:
185          (i) (A) the department determines that the applicant's education, experience, and skills
186     demonstrate competency in the profession for which licensure is sought in this state; and
187          (B) the applicant has at least one year of experience practicing under the license issued
188     in the other state, district, territory, or jurisdiction; or
189          (ii) the department determines that the licensure requirements of the other state,
190     district, territory, or jurisdiction at the time the license was issued were substantially similar to
191     the requirements for the license sought in this state; or
192          (b) has never been licensed in a state, district, or territory of the United States, or in a
193     jurisdiction outside of the United States, if:
194          (i) the applicant was educated in or obtained relevant experience in a state, district, or
195     territory of the United States, or a jurisdiction outside of the United States; and
196          (ii) the department determines that the education or experience was substantially
197     similar to the education or experience requirements for the license sought in this state.
198          (4) The department may refuse to issue a license to an applicant under this section if:
199          (a) the department determines that there is reasonable cause to believe that the
200     applicant is not qualified to receive the license in this state; or
201          (b) the applicant has a previous or pending disciplinary action related to the applicant's
202     other license.
203          (5) Before the department issues a license to an applicant under this section, the
204     applicant shall:
205          (a) pay a fee determined by the department under Section 63J-1-504; and
206          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
207     standing in the profession for which licensure is sought in this state.
208          (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
209     Administrative Rulemaking Act, prescribing the administration and requirements of this
210     section.
211          (7) This section is subject to and may be supplemented or altered by licensure

212     endorsement provisions or multistate licensure compacts in specific chapters of this title.
213          Section 4. Section 19-1-208 is enacted to read:
214          19-1-208. License by endorsement.
215          (1) As used in this section, "license" means an authorization that permits the holder to
216     engage in the practice of a profession regulated under this title.
217          (2) Subject to Subsections (4) through (7), the department shall issue a license to an
218     applicant who has been licensed in another state, district, or territory of the United States if:
219          (a) the department determines that the license issued by the other state, district, or
220     territory encompasses a similar scope of practice as the license sought in this state;
221          (b) the applicant has at least one year of experience practicing under the license issued
222     in the other state, district, or territory; and
223          (c) the applicant's license is in good standing in the other state, district, or territory.
224          (3) Subject to Subsections (4) through (7), the department may issue a license to an
225     applicant who:
226          (a) has been licensed in another state, district, or territory of the United States, or in a
227     jurisdiction outside of the United States, if:
228          (i) (A) the department determines that the applicant's education, experience, and skills
229     demonstrate competency in the profession for which licensure is sought in this state; and
230          (B) the applicant has at least one year of experience practicing under the license issued
231     in the other state, district, territory, or jurisdiction; or
232          (ii) the department determines that the licensure requirements of the other state,
233     district, territory, or jurisdiction at the time the license was issued were substantially similar to
234     the requirements for the license sought in this state; or
235          (b) has never been licensed in a state, district, or territory of the United States, or in a
236     jurisdiction outside of the United States, if:
237          (i) the applicant was educated in or obtained relevant experience in a state, district, or
238     territory of the United States, or a jurisdiction outside of the United States; and
239          (ii) the department determines that the education or experience was substantially
240     similar to the education or experience requirements for the license sought in this state.
241          (4) The department may refuse to issue a license to an applicant under this section if:
242          (a) the department determines that there is reasonable cause to believe that the

243     applicant is not qualified to receive the license in this state; or
244          (b) the applicant has a previous or pending disciplinary action related to the applicant's
245     other license.
246          (5) Before the department issues a license to an applicant under this section, the
247     applicant shall:
248          (a) pay a fee determined by the department under Section 63J-1-504; and
249          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
250     standing in the profession for which licensure is sought in this state.
251          (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
252     Administrative Rulemaking Act, prescribing the administration and requirements of this
253     section.
254          (7) This section is subject to and may be supplemented or altered by licensure
255     endorsement provisions or multistate licensure compacts in specific chapters of this title.
256          Section 5. Section 26B-3-102 is enacted to read:
257          26B-3-102. License by endorsement.
258          (1) As used in this section, "license" means an authorization that permits the holder to
259     engage in the practice of a profession regulated under this title.
260          (2) Subject to Subsections (4) through (7), the department shall issue a license to an
261     applicant who has been licensed in another state, district, or territory of the United States if:
262          (a) the department determines that the license issued by the other state, district, or
263     territory encompasses a similar scope of practice as the license sought in this state;
264          (b) the applicant has at least one year of experience practicing under the license issued
265     in the other state, district, or territory; and
266          (c) the applicant's license is in good standing in the other state, district, or territory.
267          (3) Subject to Subsections (4) through (7), the department may issue a license to an
268     applicant who:
269          (a) has been licensed in another state, district, or territory of the United States, or in a
270     jurisdiction outside of the United States, if:
271          (i) (A) the department determines that the applicant's education, experience, and skills
272     demonstrate competency in the profession for which licensure is sought in this state; and
273          (B) the applicant has at least one year of experience practicing under the license issued

274     in the other state, district, territory, or jurisdiction; or
275          (ii) the department determines that the licensure requirements of the other state,
276     district, territory, or jurisdiction at the time the license was issued were substantially similar to
277     the requirements for the license sought in this state; or
278          (b) has never been licensed in a state, district, or territory of the United States, or in a
279     jurisdiction outside of the United States, if:
280          (i) the applicant was educated in or obtained relevant experience in a state, district, or
281     territory of the United States, or a jurisdiction outside of the United States; and
282          (ii) the department determines that the education or experience was substantially
283     similar to the education or experience requirements for the license sought in this state.
284          (4) The department may refuse to issue a license to an applicant under this section if:
285          (a) the department determines that there is reasonable cause to believe that the
286     applicant is not qualified to receive the license in this state; or
287          (b) the applicant has a previous or pending disciplinary action related to the applicant's
288     other license.
289          (5) Before the department issues a license to an applicant under this section, the
290     applicant shall:
291          (a) pay a fee determined by the department under Section 63J-1-504; and
292          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
293     standing in the profession for which licensure is sought in this state.
294          (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
295     Administrative Rulemaking Act, prescribing the administration and requirements of this
296     section.
297          (7) This section is subject to and may be supplemented or altered by licensure
298     endorsement provisions or multistate licensure compacts in specific chapters of this title.
299          Section 6. Section 35A-13-606.5 is enacted to read:
300          35A-13-606.5. Certificate by endorsement.
301          (1) As used in this section, "license" means an authorization that permits the holder to
302     engage in the practice of a profession described in Section 35A-13-605.
303          (2) Subject to Subsections (3) through (5), the director may issue a certificate described
304     in Section 35A-13-605 to an applicant who has been licensed in another state, district, or

305     territory of the United States, or in a jurisdiction outside of the United States, if:
306          (a) the director determines that the applicant's education, experience, and skills
307     demonstrate competency in the profession for which certification is sought; or
308          (b) the director determines that the licensure requirements of the other state, district,
309     territory, or jurisdiction at the time the license was issued were substantially similar to the
310     requirements for the certificate.
311          (3) The director may refuse to issue a certificate to an applicant under this section if:
312          (a) the director determines that there is reasonable cause to believe that the applicant is
313     not qualified to receive the certificate; or
314          (b) the applicant has a previous or pending disciplinary action related to the applicant's
315     other license.
316          (4) Before the director issues a certificate to an applicant under this section, the
317     applicant shall:
318          (a) pay a fee determined by the director under Section 35A-13-606; and
319          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
320     standing in the profession for which certification is sought.
321          (5) The director may make rules in accordance with Title 63G, Chapter 3, Utah
322     Administrative Rulemaking Act, prescribing the administration and requirements of this
323     section.
324          Section 7. Section 40-2-403 is enacted to read:
325          40-2-403. Certificate by endorsement.
326          (1) As used in this section, "license" means an authorization that permits the holder to
327     engage in the practice of an occupation described in Section 40-2-402.
328          (2) Subject to Subsections (4) through (6), the commission shall issue a certificate
329     described in Section 40-2-401 to an applicant who has been licensed in another state, district,
330     or territory of the United States if:
331          (a) the commission determines that the license issued by the other state, district, or
332     territory encompasses a similar scope of practice as the certificate;
333          (b) the applicant has at least one year of experience practicing under the license issued
334     in the other state, district, or territory; and
335          (c) the applicant's license is in good standing in the other state, district, or territory.

336          (3) Subject to Subsections (4) through (6), the commission may issue a certificate
337     described in Section 40-2-401 to an applicant who:
338          (a) has been licensed in another state, district, or territory of the United States, or in a
339     jurisdiction outside of the United States, if:
340          (i) (A) the commission determines that the applicant's education, experience, and skills
341     demonstrate competency in the occupation for which certification is sought; and
342          (B) the applicant has at least one year of experience practicing under the license issued
343     in the other state, district, territory, or jurisdiction; or
344          (ii) the commission determines that the licensure requirements of the other state,
345     district, territory, or jurisdiction at the time the license was issued were substantially similar to
346     the requirements for the certificate; or
347          (b) has never been licensed in a state, district, or territory of the United States, or in a
348     jurisdiction outside of the United States, if:
349          (i) the applicant was educated in or obtained relevant experience in a state, district, or
350     territory of the United States, or a jurisdiction outside of the United States; and
351          (ii) the commission determines that the education or experience was substantially
352     similar to the education or experience requirements for the certificate.
353          (4) The commission may refuse to issue a certificate to an applicant under this section
354     if:
355          (a) the commission determines that there is reasonable cause to believe that the
356     applicant is not qualified to receive the certificate; or
357          (b) the applicant has a previous or pending disciplinary action related to the applicant's
358     other license.
359          (5) Before the commission issues a certificate to an applicant under this section, the
360     applicant shall:
361          (a) pay a fee determined by the commission under Section 63J-1-504; and
362          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
363     standing in the occupation for which certification is sought.
364          (6) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
365     Administrative Rulemaking Act, prescribing the administration and requirements of this
366     section.

367          Section 8. Section 53E-6-205 is enacted to read:
368          53E-6-205. License by endorsement.
369          (1) Subject to Subsections (3) through (6), the state board shall issue a license to an
370     applicant who has been issued a certificate in another state, district, or territory of the United
371     States if:
372          (a) the state board determines that the certificate encompasses a similar scope of
373     practice as the license sought in this state;
374          (b) the applicant has at least one year of experience practicing under the certificate; and
375          (c) the applicant's certificate is in good standing in the other state, district, or territory.
376          (2) Subject to Subsections (3) through (6), the state board may issue a license to an
377     applicant who:
378          (a) has been issued a certificate in another state, district, or territory of the United
379     States, or in a jurisdiction outside of the United States, if:
380          (i) (A) the state board determines that the applicant's education, experience, and skills
381     demonstrate competency in the profession for which licensure is sought in this state; and
382          (B) the applicant has at least one year of experience practicing under the certificate; or
383          (ii) the state board determines that the certification requirements of the other state,
384     district, territory, or jurisdiction at the time the certificate was issued were substantially similar
385     to the requirements for the license sought in this state; or
386          (b) has never been issued a certificate in a state, district, or territory of the United
387     States, or in a jurisdiction outside of the United States, if:
388          (i) the applicant was educated in or obtained relevant experience in a state, district, or
389     territory of the United States, or a jurisdiction outside of the United States; and
390          (ii) the state board determines that the education or experience was substantially
391     similar to the education or experience requirements for the license sought in this state.
392          (3) The state board may refuse to issue a license to an applicant under this section if:
393          (a) the state board determines that there is reasonable cause to believe that the applicant
394     is not qualified to receive the license in this state; or
395          (b) the applicant has a previous or pending disciplinary action related to the applicant's
396     certificate.
397          (4) Before the state board issues a license to an applicant under this section, the

398     applicant shall:
399          (a) pay a fee determined by the state board under Section 63J-1-504; and
400          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
401     standing in the profession for which licensure is sought in this state.
402          (5) The state board may make rules in accordance with Title 63G, Chapter 3, Utah
403     Administrative Rulemaking Act, prescribing the administration and requirements of this
404     section.
405          (6) This section is subject to and may be supplemented or altered by licensure
406     endorsement provisions or multistate licensure compacts in specific parts of this chapter.
407          Section 9. Section 53E-6-1100 is enacted to read:
408     
Part 11. Interstate Teacher Mobility Compact

409          53E-6-1100. Article I -- Purpose.
410          (1) The purpose of this compact is to facilitate the mobility of teachers across the
411     member states, with the goal of supporting teachers through a new pathway to licensure.
412     Through this compact, the member states seek to establish a collective regulatory framework
413     that expedites and enhances the ability of teachers to move across state lines.
414          (2) This compact is intended to achieve the following objectives and should be
415     interpreted accordingly. The member states hereby ratify the same intentions by subscribing
416     hereto:
417          (a) create a streamline pathway to licensure mobility for teachers;
418          (b) support the relocation of eligible military spouses;
419          (c) facilitate and enhance the exchange of licensure, investigative, and disciplinary
420     information between the member states;
421          (d) enhance the power of state and district level education officials to hire qualified,
422     competent teachers by removing barriers to the employment of out-of-state teachers;
423          (e) support the retention of teachers in the profession by removing barriers to
424     relicensure in a new state; and
425          (f) maintain state sovereignty in the regulation of the teaching profession.
426          Section 10. Section 53E-6-1101 is enacted to read:
427          53E-6-1101. Article II -- Definitions.
428          (1) As used in this compact, and except as otherwise provided, the following

429     definitions shall govern the terms herein:
430          (a) "Active military member" means any person with full-time duty status in the
431     Ĥ→ [
uniformed service] armed forces ←Ĥ of the United States, including members of the National
431a     Guard and Reserve;
432          (b) "Adverse action" means any limitation or restriction imposed by a member state's
433     licensing authority, such as revocation, suspension, reprimand, probation, or limitation on the
434     licensee's ability to work as a teacher;
435          (c) "Bylaws" means those bylaws established by the commission;
436          (d) "Career and technical education license" means a current, valid authorization issued
437     by a member state's licensing authority allowing an individual to serve as a teacher in P-12
438     public educational settings in a specific career and technical education area;
439          (e) "Charter member states" means a member state that has enacted legislation to adopt
440     this compact where such legislation predates the initial meeting of the commission after the
441     effective date of the compact;
442          (f) "Commission" means the interstate administrative body which membership consists
443     of delegates of all states that have enacted this compact, and which is known as the Interstate
444     Teacher Mobility Compact Commission;
445          (g) "Commissioner" means the delegate of a member state;
446          (h) "Eligible license" means a license to engage in the teaching profession which
447     requires at least a bachelor's degree and the completion of a state approved program for teacher
448     licensure;
449          (i) "Eligible military spouse" means the spouse of an individual in full-time duty status
450     in the active Ĥ→ [
uniformed service] armed forces ←Ĥ of the United States including members of
450a     the National Guard
451     and Reserve Ĥ→ [
on active duty] ←Ĥ moving as a result of a military mission or military career
452     progression requirements or are on their terminal move as a result of separation or retirement,
453     to include surviving spouses of deceased military members;
454          (j) "Executive committee" means a group of commissioners elected or appointed to act
455     on behalf of, and within the powers granted to them by, the commission as provided for herein;
456          (k) "Licensing authority" means an official, agency, board, or other entity of a state that
457     is responsible for the licensing and regulation of teachers authorized to teach in P-12 public
458     educational settings;
459          (l) "Member state" means any state that has adopted this compact, including all

460     agencies and officials of such a state;
461          (m) "Receiving state" means any state where a teacher has applied for licensure under
462     this compact;
463          (n) "Rule" means any regulation promulgated by the commission in accordance with
464     Section 53E-6-1107, which shall have the force of law as a rule promulgated in accordance
465     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and which shall be binding in
466     each member state;
467          (o) "State" means a state, territory, or possession of the United States, and the District
468     of Columbia;
469          (p) "State practice laws" means a member state's laws, rules, and regulations that
470     govern the teaching profession, define the scope of such profession, and create the methods and
471     grounds for imposing discipline;
472          (q) "State specific requirements" means a requirement for licensure covered in
473     coursework or examination that include content of unique interest to the state;
474          (r) "Teacher" means an individual who currently holds an authorization from a member
475     state that forms the basis for employment in the P-12 public schools of the state to provide
476     instruction in a specific subject area, grade level, or student population; and
477          (s) "Unencumbered license" means a current, valid authorization issued by a member
478     state's licensing authority allowing an individual to serve as a teacher in P-12 public
479     educational settings. An unencumbered license is not a restricted, probationary, provisional,
480     substitute, or temporary credential.
481          (2) The definitions described in Section 53E-1-102 do not apply to this compact.
482          Section 11. Section 53E-6-1102 is enacted to read:
483          53E-6-1102. Article III -- Licensure under the compact.
484          (1) Licensure under this compact pertains only to the initial grant of a license by the
485     receiving state. Nothing herein applies to any subsequent or ongoing compliance requirements
486     that a receiving state might require for teachers.
487          (2) Each member state shall, in accordance with the rules of the commission, define,
488     compile, and update as necessary, a list of eligible licenses and career and technical educational
489     licenses that the member state is willing to consider for equivalency under this compact and
490     provide the list to the commission. The list shall include those licenses that a receiving state is

491     willing to grant to teachers from other member states, pending a determination of equivalency
492     by the receiving state's licensing authority.
493          (3) Upon the receipt of an application for licensure by a teacher holding an
494     unencumbered eligible license, the receiving state shall determine which of the receiving state's
495     eligible licenses the teacher is qualified to hold and shall grant such a license or licenses to the
496     applicant. Such a determination shall be made in the sole discretion of the receiving state's
497     licensing authority and may include a determination that the applicant is not eligible for any of
498     the receiving state's eligible licenses. For all teachers who hold an unencumbered license, the
499     receiving state shall grant one or more unencumbered license(s) that, in the receiving state's
500     sole discretion, are equivalent to the license(s) held by the teacher in any other member state.
501          (4) For active military members and eligible military spouses who hold a license that is
502     not unencumbered, the receiving state shall grant an equivalent license or licenses that, in the
503     receiving state's sole discretion, is equivalent to the license or licenses held by the teacher in
504     any other member state, except where the receiving state does not have an equivalent license.
505          (5) For a teacher holding an unencumbered career and technical education license, the
506     receiving state shall grant an unencumbered license equivalent to the career and technical
507     education license held by the applying teacher and issued by another member state, as
508     determined by the receiving state in its sole discretion, except where a career and technical
509     education teacher does not hold a bachelor's degree and the receiving state requires a bachelor's
510     degree for licenses to teach career and technical education. A receiving state may require career
511     and technical education teachers to meet state industry recognized requirements, if required by
512     law in the receiving state.
513          Section 12. Section 53E-6-1103 is enacted to read:
514          53E-6-1103. Article IV -- Licensure not under the compact.
515          (1) Except as provided in Section 53E-6-1105, nothing in this compact shall be
516     construed to limit or inhibit the power of a member state to regulate licensure or endorsements
517     overseen by the member state's licensing authority.
518          (2) When a teacher is required to renew a license received pursuant to this compact, the
519     state granting such a license may require the teacher to complete state specific requirements as
520     a condition of licensure renewal or advancement in that state.
521          (3) For the purposes of determining compensation, a receiving state may require

522     additional information from teachers receiving a license under the provisions of this compact.
523          (4) Nothing in this compact shall be construed to limit the power of a member state to
524     control and maintain ownership of its information pertaining to teachers, or limit the
525     application of a member state's laws or regulations governing the ownership, use, or
526     dissemination of information pertaining to teachers.
527          (5) Nothing in this compact shall be construed to invalidate or alter any existing
528     agreement or other cooperative arrangement which a member state may already be a party to, or
529     limit the ability of a member state to participate in any future agreement or other cooperative
530     arrangement to:
531          (a) award teaching licenses or other benefits based on additional professional
532     credentials, including, but not limited to National Board Certification;
533          (b) participate in the exchange of names of teachers whose license has been subject to
534     an adverse action by a member state; or
535          (c) participate in any agreement or cooperative arrangement with a nonmember state.
536          Section 13. Section 53E-6-1104 is enacted to read:
537          53E-6-1104. Article V -- Teacher qualifications and requirements for licensure
538     under the compact.
539          (1) Except as provided for active military members or eligible military spouses in
540     Subsection 53E-6-1102(4), a teacher may only be eligible to receive a license under this
541     compact where that teacher holds an unencumbered license in a member state.
542          (2) A teacher eligible to receive a license under this compact shall, unless otherwise
543     provided for herein:
544          (a) upon their application to receive a license under this compact, undergo a criminal
545     background check in the receiving state in accordance with the laws and regulations of the
546     receiving state; and
547          (b) provide the receiving state with the information in addition to the information
548     required for licensure for the purposes of determining compensation, if applicable.
549          Section 14. Section 53E-6-1105 is enacted to read:
550          53E-6-1105. Article VI -- Discipline and adverse actions.
551          (1) Nothing in this Compact shall be deemed or construed to limit the authority of a
552     member state to investigate or impose disciplinary measures on teachers according to the state

553     practice laws thereof.
554          (2) Member states shall be authorized to receive, and shall provide, files and
555     information regarding the investigation and discipline, if any, of teachers in other member
556     states upon request. Any member state receiving such information or files shall protect and
557     maintain the security and confidentiality thereof, in at least the same manner that it maintains
558     its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary
559     or investigatory information received from another member state, the disclosing state shall
560     communicate its intention and purpose for such disclosure to the member state which originally
561     provided that information.
562          Section 15. Section 53E-6-1106 is enacted to read:
563          53E-6-1106. Article VII -- Establishment of the Interstate Teacher Mobility
564     Compact Commission.
565          (1) The interstate compact member states hereby create and establish a joint public
566     agency known as the Interstate Teacher Mobility Compact Commission:
567          (a) the commission is a joint interstate governmental agency comprised of states that
568     have enacted the Interstate Teacher Mobility Compact; and
569          (b) nothing in this interstate compact shall be construed to be a waiver of sovereign
570     immunity.
571          (2) (a) Each member state shall have and be limited to one delegate to the commission,
572     who shall be given the title of commissioner.
573          (b) The commissioner shall be the primary administrative officer of the state licensing
574     authority or their designee.
575          (c) Any commissioner may be removed or suspended from office as provided by the
576     law of the state from which the commissioner is appointed.
577          (d) The member state shall fill any vacancy occurring in the commission within 90
578     days.
579          (e) Each commissioner shall be entitled to one vote about the promulgation of rules
580     and creation of bylaws and shall otherwise have an opportunity to participate in the business
581     and affairs of the commission. A commissioner shall vote in person or by such other means as
582     provided in the bylaws. The bylaws may provide for commissioners' participation in meetings
583     by telephone or other means of communication.

584          (f) The commission shall meet at least once during each calendar year. Additional
585     meetings shall be held as set forth in the bylaws.
586          (g) The commission shall establish by rule a term of office for commissioners.
587          (3) The commission shall have the following powers and duties:
588          (a) establish a code of ethics for the commission;
589          (b) establish the fiscal year of the commission;
590          (c) establish bylaws for the commission;
591          (d) maintain its financial records in accordance with the bylaws of the commission;
592          (e) meet and take such actions as are consistent with the provisions of this interstate
593     compact, the bylaws, and rules of the commission;
594          (f) promulgate uniform rules to implement and administer this interstate compact. The
595     rules shall have the force and effect of law and shall be binding in all member states. In the
596     event the commission exercises its rulemaking authority in a manner that is beyond the scope
597     of the purposes of the compact, or the powers granted hereunder, then such an action by the
598     commission shall be invalid and have no force and effect of law;
599          (g) bring and prosecute legal proceedings or actions in the name of the commission,
600     provided that the standing of any member state licensing authority to sue or be sued under
601     applicable law shall not be affected;
602          (h) purchase and maintain insurance and bonds;
603          (i) borrow, accept, or contract for services of personnel, including, but not limited to,
604     employees of a member state, or an associated nongovernmental organization that is open to
605     membership by all states;
606          (j) hire employees, elect, or appoint officers, fix compensation, define duties, grant
607     such individuals appropriate authority to carry out the purposes of the compact, and establish
608     the commission's personnel policies and programs relating to conflicts of interest,
609     qualifications of personnel, and other related personnel matters;
610          (k) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,
611     improve, or use, any property, real, personal or mixed, provided that at all times the
612     commission shall avoid any appearance of impropriety;
613          (l) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
614     any property real, personal, or mixed;

615          (m) establish a budget and make expenditures;
616          (n) borrow money;
617          (o) appoint committees, including standing committees composed of members and
618     such other interested persons as may be designated in this interstate compact, rules, or bylaws;
619          (p) provide and receive information from, and cooperate with, law enforcement
620     agencies;
621          (q) establish and elect an executive committee;
622          (r) establish and develop a charter for an Executive Information Governance
623     Committee to advise on facilitating exchange of information; use of information, data privacy,
624     and technical support needs, and provide reports as needed;
625          (s) perform such other functions as may be necessary or appropriate to achieve the
626     purposes of this interstate compact consistent with the state regulation of teacher licensure; and
627          (t) determine whether a state's adopted language is materially different from the model
628     compact language such that the state would not qualify for participation in the compact.
629          (4) (a) The executive committee of the Interstate Teacher Mobility Compact
630     Commission shall have the power to act on behalf of the commission according to the terms of
631     this interstate compact.
632          (b) The executive committee shall be composed of eight voting members:
633          (i) the commission chair, vice chair, and treasurer; and
634          (ii) five members who are elected by the commission from the current membership:
635          (A) four voting members representing geographic regions in accordance with
636     commission rules; and
637          (B) one at large voting member in accordance with commission rules.
638          (c) The commission may add or remove members of the executive committee as
639     provided in commission rules.
640          (d) The executive committee shall meet at least once annually.
641          (e) The executive committee shall have the following duties and responsibilities:
642          (i) recommend to the entire commission changes to the rules or bylaws, changes to the
643     compact legislation, fees paid by interstate compact member states such as annual dues, and
644     any compact fee charged by the member states on behalf of the commission;
645          (ii) ensure commission administration services are appropriately provided, contractual

646     or otherwise;
647          (iii) prepare and recommend the budget;
648          (iv) maintain financial records on behalf of the commission;
649          (v) monitor compliance of member states and provide reports to the commission; and
650          (vi) perform other duties as provided in rules or bylaws.
651          (f) (i) All meetings of the commission shall be open to the public, and public notice of
652     meetings shall be given in accordance with commission bylaws.
653          (ii) The commission or the executive committee or other committees of the
654     commission may convene in a closed, nonpublic meeting if the commission or executive
655     committee or other committees of the commission must discuss:
656          (A) non-compliance of a Member State with its obligations under the compact;
657          (B) the employment, compensation, discipline or other matters, practices or procedures
658     related to specific employees or other matters related to the commission's internal personnel
659     practices and procedures;
660          (C) current, threatened, or reasonably anticipated litigation;
661          (D) negotiation of contracts for the purchase, lease, or sale of goods, services, or real
662     estate;
663          (E) accusing any person of a crime or formally censuring any person;
664          (F) disclosure of trade secrets or commercial or financial information that is privileged
665     or confidential;
666          (G) disclosure of information of a personal nature where disclosure would constitute a
667     clearly unwarranted invasion of personal privacy;
668          (H) disclosure of investigative records compiled for law enforcement purposes;
669          (I) disclosure of information related to any investigative reports prepared by or on
670     behalf of or for use of the commission or other committee charged with responsibility of
671     investigation or determination of compliance issues pursuant to the compact;
672          (J) matters specifically exempted from disclosure by federal or member state statute;
673     and
674          (K) other matters as set forth by commission bylaws and rules.
675          (iii) If a meeting, or portion of a meeting, is closed pursuant to this provision, the
676     commission's legal counsel or designee shall certify that the meeting may be closed and shall

677     reference each relevant exempting provision.
678          (iv) The commission shall keep minutes of commission meetings and shall provide a
679     full and accurate summary of actions taken, and the reasons therefore, including a description
680     of the views expressed. All documents considered in connection with an action shall be
681     identified in such minutes. All minutes and documents of a closed meeting shall remain under
682     seal, subject to release by a majority vote of the commission or order of a court of competent
683     jurisdiction.
684          (g) (i) The commission shall pay, or provide for the payment of, the reasonable
685     expenses of its establishment, organization, and ongoing activities.
686          (ii) The commission may accept all appropriate donations and grants of money,
687     equipment, supplies, materials, and services, and receive, utilize, and dispose of the same,
688     provided that at all times the commission shall avoid any appearance of impropriety or conflict
689     of interest.
690          (iii) The commission may levy on and collect an annual assessment from each member
691     state or impose fees on other parties to cover the cost of the operations and activities of the
692     commission, in accordance with the commission rules.
693          (iv) The commission shall not incur obligations of any kind prior to securing the funds
694     adequate to meet the same; nor shall the commission pledge the credit of any of the member
695     states, except by and with the authority of the member state.
696          (v) The commission shall keep accurate accounts of all receipts and disbursements.
697     The receipts and disbursements of the commission shall be subject to accounting procedures
698     established under commission bylaws. All receipts and disbursements of funds of the
699     commission shall be reviewed annually in accordance with commission bylaws, and a report of
700     the review shall be included in and become part of the annual report of the commission.
701          (h) (i) The members, officers, executive director, employees and representatives of the
702     commission shall be immune from suit and liability, either personally or in their official
703     capacity, for any claim for damage to or loss of property or personal injury or other civil
704     liability caused by or arising out of any actual or alleged act, error or omission that occurred, or
705     that the person against whom the claim is made had a reasonable basis for believing occurred
706     within the scope of commission employment, duties or responsibilities; provided that nothing
707     in this paragraph shall be construed to protect any such person from suit or liability for any

708     damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of
709     that person.
710          (ii) The commission shall defend any member, officer, executive director, employee, or
711     representative of the commission in any civil action seeking to impose liability arising out of
712     any actual or alleged act, error, or omission that occurred within the scope of commission
713     employment, duties, or responsibilities, or that the person against whom the claim is made had
714     a reasonable basis for believing occurred within the scope of commission employment, duties,
715     or responsibilities; provided that nothing herein shall be construed to prohibit that person from
716     retaining his or her own counsel; and provided further, that the actual or alleged act, error, or
717     omission did not result from that person's intentional or willful or wanton misconduct.
718          (iii) The commission shall indemnify and hold harmless any member, officer,
719     executive director, employee, or representative of the commission for the amount of any
720     settlement or judgment obtained against that person arising out of any actual or alleged act,
721     error or omission that occurred within the scope of commission employment, duties, or
722     responsibilities, or that such person had a reasonable basis for believing occurred within the
723     scope of commission employment, duties, or responsibilities, provided that the actual or
724     alleged act, error, or omission did not result from the intentional or willful or wanton
725     misconduct of that person.
726          Section 16. Section 53E-6-1107 is enacted to read:
727          53E-6-1107. Article VIII -- Rulemaking.
728          (1) The commission shall exercise its rulemaking powers pursuant to the criteria set
729     forth in this interstate compact and the rules adopted thereunder. Rules and amendments shall
730     become binding as of the date specified in each rule or amendment.
731          (2) The commission shall promulgate reasonable rules to achieve the intent and
732     purpose of this interstate compact. In the event the commission exercises its rulemaking
733     authority in a manner that is beyond purpose and intent of this interstate compact, or the
734     powers granted hereunder, then such an action by the commission shall be invalid and have no
735     force and effect of law in the member states.
736          (3) If a majority of the legislatures of the member states rejects a rule, by enactment of
737     a statute or resolution in the same manner used to adopt the compact within four years of the
738     date of adoption of the rule, then such rule shall have no further force and effect in any member

739     state.
740          (4) Rules or amendments to the rules shall be adopted or ratified at a regular or special
741     meeting of the commission in accordance with commission rules and bylaws.
742          (5) Upon determination that an emergency exists, the commission may consider and
743     adopt an emergency rule with 48 hours' notice, with opportunity to comment, provided that the
744     usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably
745     possible, in no event later than ninety days after the effective date of the rule. For the purposes
746     of this provision, an emergency rule is one that must be adopted immediately in order to:
747          (a) meet an imminent threat to public health, safety, or welfare;
748          (b) prevent a loss of Commission or Member State funds;
749          (c) meet a deadline for the promulgation of an administrative rule that is established by
750     federal law or rule; or
751          (d) protect public health and safety.
752          Section 17. Section 53E-6-1108 is enacted to read:
753          53E-6-1108. Article IX -- Facilitating information exchange.
754          (1) The commission shall provide for facilitating the exchange of information to
755     administer and implement the provisions of this compact in accordance with the rules of the
756     commission, consistent with generally accepted data protection principles.
757          (2) Nothing in this compact shall be deemed or construed to alter, limit, or inhibit the
758     power of a member state to control and maintain ownership of its licensee information or alter,
759     limit, or inhibit the laws or regulations governing licensee information in the member state.
760          Section 18. Section 53E-6-1109 is enacted to read:
761          53E-6-1109. Article X -- Oversight, dispute resolution, and enforcement.
762          (1) (a) The executive and judicial branches of state government in each member state
763     shall enforce this compact and take all actions necessary and appropriate to effectuate the
764     compact's purposes and intent. The provisions of this compact shall have standing as statutory
765     law.
766          (b) Venue is proper and judicial proceedings by or against the commission shall be
767     brought solely and exclusively in a court of competent jurisdiction where the principal office of
768     the commission is located. The commission may waive venue and jurisdictional defenses to the
769     extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing

770     herein shall affect or limit the selection or propriety of venue in any action against a licensee
771     for professional malpractice, misconduct or any such similar matter.
772          (c) All courts and all administrative agencies shall take judicial notice of the compact,
773     the rules of the commission, and any information provided to a member state pursuant thereto
774     in any judicial or quasijudicial proceeding in a member state pertaining to the subject matter of
775     this compact, or which may affect the powers, responsibilities, or actions of the commission.
776          (d) The commission shall be entitled to receive service of process in any proceeding
777     regarding the enforcement or interpretation of the compact and shall have standing to intervene
778     in such a proceeding for all purposes. Failure to provide the commission service of process
779     shall render a judgment or order void as to the commission, this compact, or promulgated rules.
780          (2) (a) If the commission determines that a member state has defaulted in the
781     performance of its obligations or responsibilities under this compact or the promulgated rules,
782     the commission shall:
783          (i) provide written notice to the defaulting state and other member states of the nature
784     of the default, the proposed means of curing the default or any other action to be taken by the
785     commission; and
786          (ii) provide remedial training and specific technical assistance regarding the default.
787          (3) If a state in default fails to cure the default, the defaulting state may be terminated
788     from the compact upon an affirmative vote of a majority of the commissioners of the member
789     states, and all rights, privileges and benefits conferred on that state by this compact may be
790     terminated on the effective date of termination. A cure of the default does not relieve the
791     offending state of obligations or liabilities incurred during the period of default.
792          (4) Termination of membership in the compact shall be imposed only after all other
793     means of securing compliance have been exhausted. Notice of intent to suspend or terminate
794     shall be given by the commission to the governor, the majority and minority leaders of the
795     defaulting state's legislature, the state licensing authority and each of the member states.
796          (5) A state that has been terminated is responsible for all assessments, obligations, and
797     liabilities incurred through the effective date of termination, including obligations that extend
798     beyond the effective date of termination.
799          (6) The commission shall not bear any costs related to a state that is found to be in
800     default or that has been terminated from the compact, unless agreed upon in writing between

801     the commission and the defaulting state.
802          (7) The defaulting state may appeal the action of the commission by petitioning the
803     U.S. District Court for the District of Columbia or the federal district where the commission
804     has its principal offices. The prevailing party shall be awarded all costs of such litigation,
805     including reasonable attorney fees.
806          (8) (a) Upon request by a member state, the commission shall attempt to resolve
807     disputes related to the compact that arise among member states and between member and
808     nonmember states.
809          (b) The commission shall promulgate a rule providing for both binding and nonbinding
810     alternative dispute resolutions for disputes as appropriate.
811          (9) (a) The commission, in the reasonable exercise of its discretion, shall enforce the
812     provisions and rules of this compact.
813          (b) By majority vote, the commission may initiate legal action in the U.S. District
814     Court for the District of Columbia or the federal district where the commission has its principal
815     offices against a member state in default to enforce compliance with the provisions of the
816     compact and its promulgated rules and bylaws. The relief sought may include both injunctive
817     relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be
818     awarded all costs of such litigation, including reasonable attorney fees. The remedies herein
819     shall not be the exclusive remedies of the commission. The commission may pursue any other
820     remedies available under federal or state law.
821          Section 19. Section 53E-6-1110 is enacted to read:
822          53E-6-1110. Article XI -- Effectuation, withdrawal, and amendment.
823          (1) The compact shall come into effect on the date on which the compact statute is
824     enacted into law in the tenth member state.
825          (a) On or after the effective date of the compact, the commission shall convene and
826     review the enactment of each of the charter member states to determine if the statute enacted by
827     each such charter member state is materially different from the model compact statute.
828          (b) A charter member state whose enactment is found to be materially different from
829     the model Compact statute shall be entitled to the default process set forth in Section
830     53E-6-1109.
831          (c) Member states enacting the compact subsequent to the charter member states shall

832     be subject to the process set forth in Subsection 53E-6-1106(3)(t) to determine if their
833     enactments are materially different from the model compact statute and whether they qualify
834     for participation in the compact.
835          (2) If any member state is later found to be in default, or is terminated or withdraws
836     from the compact, the commission shall remain in existence and the compact shall remain in
837     effect even if the number of member States should be less than 10.
838          (3) Any state that joins the compact after the commission's initial adoption of the rules
839     and bylaws shall be subject to the rules and bylaws as they exist on the date on which the
840     compact becomes law in that state. Any rule that has been previously adopted by the
841     commission shall have the full force and effect of law on the day the compact becomes law in
842     that state, as the rules and bylaws may be amended as provided in this compact.
843          (4) (a) Any member state may withdraw from this compact by enacting a statute
844     repealing the same.
845          (b) A member state's withdrawal shall not take effect until six months after enactment
846     of the repealing statute.
847          (c) Withdrawal shall not affect the continuing requirement of the withdrawing state's
848     licensing authority to comply with the investigative and adverse action reporting requirements
849     of this act prior to the effective date of withdrawal.
850          (5) This compact may be amended by the member states. No amendment to this
851     compact shall become effective and binding upon any member state until it is enacted into the
852     laws of all member states.
853           Section 20. Section 53E-6-1111 is enacted to read:
854          53E-6-1111. Article XII -- Construction and severability.
855          (1) This compact shall be liberally construed to effectuate the purposes thereof.
856          (2) The provisions of this compact shall be severable and if any phrase, clause,
857     sentence, or provision of this compact is declared to be contrary to the constitution of any
858     member state or a state seeking membership in the compact, or of the United States or the
859     applicability thereof to any other government, agency, person or circumstance is held invalid,
860     the validity of the remainder of this compact and the applicability thereof to any government,
861     agency, person, or circumstance shall not be affected thereby.
862          (3) If this compact shall be held contrary to the constitution of any member state, the

863     compact shall remain in full force and effect as to the remaining member states and in full force
864     and effect as to the member state affected as to all severable matters.
865          Section 21. Section 53E-6-1112 is enacted to read:
866          53E-6-1112. Article XIII -- Consistent effect and conflict with other state laws.
867          (1) Nothing herein shall prevent or inhibit the enforcement of any other law of a
868     member state that is not inconsistent with the compact.
869          (2) Any laws, statutes, regulations, or other legal requirements in a member state in
870     conflict with the compact are superseded to the extent of the conflict.
871          (3) All permissible agreements between the commission and the member states are
872     binding in accordance with their terms.
873          Section 22. Section 58-1-301.5 is amended to read:
874          58-1-301.5. Division access to Bureau of Criminal Identification records.
875          (1) The division shall have direct access to local files maintained by the Bureau of
876     Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification,
877     for background screening of individuals who are applying for licensure, licensure renewal,
878     licensure reinstatement, or relicensure, as required in:
879          (a) Section 58-17b-307;
880          (b) Sections 58-24b-302 and 58-24b-302.1;
881          (c) Section 58-31b-302;
882          (d) Sections 58-42a-302 and 58-42a-302.1, of Chapter 42a, Occupational Therapy
883     Practice Act;
884          (e) Section 58-44a-302.1;
885          (f) Section 58-47b-302;
886          (g) Section 58-55-302, as Section 58-55-302 applies to alarm companies and alarm
887     company agents;
888          (h) Sections 58-60-103.1, 58-60-205, 58-60-305, and 58-60-405, of Chapter 60, Mental
889     Health Professional Practice Act;
890          (i) Sections 58-61-304 and 58-61-304.1;
891          (j) Section 58-63-302;
892          (k) Section 58-64-302;
893          (l) Sections 58-67-302 and 58-67-302.1; [and]

894          (m) Sections 58-68-302 and 58-68-302.1[.]; and
895          (n) Sections 58-70a-301.1 and 58-70a-302, of Chapter 70a, Utah Physician Assistant
896     Act.
897          (2) The division's access to criminal background information under this section:
898          (a) shall meet the requirements of Section 53-10-108; and
899          (b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
900     held in abeyance, dismissed charges, and charges without a known disposition.
901          (3) The division may not disseminate outside of the division any criminal history
902     record information that the division obtains from the Bureau of Criminal Identification or the
903     Federal Bureau of Investigation under the criminal background check requirements of this
904     section.
905          Section 23. Section 58-1-302 is amended to read:
906          58-1-302. License by endorsement.
907          (1) As used in this section, "license" means an authorization that permits the holder to
908     engage in the practice of a profession regulated under this title.
909          (2) Subject to Subsections [(3) through (6),] (4) through (7), the division shall issue a
910     license to [a person] an applicant who has been licensed in [a] another state, district, or territory
911     of the United States if:
912          (a) the division determines that the license issued in the other state, district, or territory
913     encompasses a similar scope of practice as the license sought in this state;
914          (b) [after being licensed outside of this state, the person] the applicant has at least one
915     year of experience practicing under the license issued in the other state, district, or territory [of
916     the United States] [where the license was issued]; and
917          [(b)] (c) the [person's] applicant's license is in good standing in the other state, district,
918     or territory [of the United States] where the license was issued[; and].
919          [(c) the division determines that the license issued by the state, district, or territory of
920     the United States encompasses a similar scope of practice as the license sought in this state.]
921          [(2)] (3) Subject to Subsections [(3) through (6),] (4) through (7), the division may
922     issue a license to [a person] an applicant who:
923          (a) has been licensed in [a] another state, district, or territory of the United States, or in
924     a jurisdiction outside of the United States, if:

925          (i) (A) the division determines that the applicant's education, experience, and skills
926     demonstrate competency in the profession for which the licensure is sought in this state; and
927          (B) [after being licensed, the person] the applicant has at least one year of experience
928     practicing under the license issued in the other state, district, territory, or jurisdiction [where
929     the license was issued]; [and] or
930          [(B) the division determines that the person's education, experience, and skills
931     demonstrate competency in the occupation or profession for which the person seeks licensure;
932     or]
933          (ii) the division determines that the licensure requirements of the other state, district,
934     territory, or jurisdiction at the time the license was issued were substantially similar to the
935     current [licensure] requirements [of] for the license sought in this state; or
936          (b) has never been licensed in a state, district, or territory of the United States, or in a
937     jurisdiction outside of the United States, if:
938          (i) the [person] applicant was educated in or obtained relevant experience in a state,
939     district, or territory of the United States, or a jurisdiction outside of the United States; and
940          (ii) the division determines that the education or experience was substantially similar to
941     the current education or experience requirements for [licensure] the license sought in this state.
942          [(3) The division, in consultation with the applicable licensing board, may make rules
943     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the
944     administration and requirements of this section.]
945          (4) The division may refuse to issue a license to [a person under the provisions of] an
946     applicant under this section if:
947          (a) the division determines that there is reasonable cause to believe that the [person]
948     applicant is not qualified to receive [a] the license in this state; or
949          (b) the [person] applicant has a previous or pending disciplinary action related to the
950     [person's] applicant's license.
951          (5) Before [a person may be issued] the division issues a license to an applicant under
952     this section, the [person] applicant shall:
953          (a) pay a fee determined by the department under Section 63J-1-504; and
954          (b) produce satisfactory evidence of the [person's] applicant's identity, qualifications,
955     and good standing in the [occupation or] profession for which licensure is sought in this state.

956          (6) The division, in consultation with the applicable licensing board, may make rules in
957     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the
958     administration and requirements of this section.
959          [(6)] (7) In accordance with Section 58-1-107, licensure endorsement provisions in this
960     section are subject to and may be supplemented or altered by licensure endorsement provisions
961     or multistate licensure compacts in specific chapters of this title.
962          [(7) On or before October 1, 2022, the division shall provide a written report to the
963     Business and Labor Interim Committee regarding the effectiveness and sufficiency of the
964     provisions of this section at ensuring that persons receiving a license without examination
965     under the provisions of this section are qualified to receive a license in this state.]
966          Section 24. Section 58-70a-301.1 is enacted to read:
967          58-70a-301.1. Criminal background check.
968          (1) An applicant for licensure under this chapter who requires a criminal background
969     check shall:
970          (a) submit fingerprint cards in a form acceptable to the division at the time the license
971     application is filed; and
972          (b) consent to a fingerprint background check conducted by the Bureau of Criminal
973     Identification and the Federal Bureau of Investigation regarding the application.
974          (2) The division shall:
975          (a) in addition to other fees authorized by this chapter, collect from each applicant
976     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
977     Identification is authorized to collect for the services provided under Section 53-10-108 and the
978     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
979     obtaining federal criminal history record information;
980          (b) submit from each applicant the fingerprint card and the fees described in
981     Subsection (2)(a) to the Bureau of Criminal Identification; and
982          (c) obtain and retain in division records a signed waiver approved by the Bureau of
983     Criminal Identification in accordance with Section 53-10-108 for each applicant.
984          (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
985     Section 53-10-108:
986          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state

987     and regional criminal records databases;
988          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
989     criminal history background check; and
990          (c) provide the results from the state, regional, and nationwide criminal history
991     background checks to the division.
992          (4) For purposes of conducting a criminal background check required under this
993     section, the division shall have direct access to criminal background information maintained
994     under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
995          (5) The division may not:
996          (a) disseminate outside of the division any criminal history record information that the
997     division obtains from the Bureau of Criminal Identification or the Federal Bureau of
998     Investigation under the criminal background check requirements of this section; or
999          (b) issue a letter of qualification to participate in the PA Licensure Compact under
1000     Chapter 70c, PA Licensure Compact, until the criminal background check described in this
1001     section is completed.
1002          Section 25. Section 58-70a-302 is amended to read:
1003          58-70a-302. Qualifications for licensure.
1004          Each applicant for licensure as a physician assistant shall:
1005          (1) submit an application in a form prescribed by the division;
1006          (2) pay a fee determined by the department under Section 63J-1-504;
1007          (3) have successfully completed a physician assistant program accredited by:
1008          (a) the Accreditation Review Commission on Education for the Physician Assistant; or
1009          (b) if prior to January 1, 2001, either the:
1010          (i) Committee on Accreditation of Allied Health Education Programs; or
1011          (ii) Committee on Allied Health Education and Accreditation;
1012          (4) have passed the licensing examinations required by division rule made in
1013     collaboration with the board; [and]
1014          (5) meet with the board and representatives of the division, if requested, for the
1015     purpose of evaluating the applicant's qualifications for licensure[.]; and
1016          (6) if the applicant is applying to participate in the PA Licensure Compact under
1017     Chapter 70c, PA Licensure Compact, consent to a criminal background check in accordance

1018     with Section 58-70a-301.1 and any requirements established by division rule made in
1019     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1020          Section 26. Section 58-70c-101 is enacted to read:
1021     
CHAPTER 70c. PA LICENSURE COMPACT

1022     
Part 1. Compact Text

1023          58-70c-101. Section 1 -- Purpose.
1024          In order to strengthen access to Medical Services, and in recognition of the advances in
1025     the delivery of Medical Services, the Participating States of the PA Licensure Compact have
1026     allied in common purpose to develop a comprehensive process that complements the existing
1027     authority of State Licensing Boards to license and discipline PAs and seeks to enhance the
1028     portability of a License to practice as a PA while safeguarding the safety of patients. This
1029     Compact allows Medical Services to be provided by PAs, via the mutual recognition of the
1030     Licensees Qualifying License by other Compact Participating States. This Compact also adopts
1031     the prevailing standard for PA licensure and affirms that the practice and delivery of Medical
1032     Services by the PA occurs where the patient is located at the time of the patient encounter, and
1033     therefore requires the PA to be under the jurisdiction of the State Licensing Board where the
1034     patient is located. State Licensing Boards that participate in this Compact retain the jurisdiction
1035     to impose Adverse Action against a Compact Privilege in that State issued to a PA through the
1036     procedures of this Compact. The PA Licensure Compact will alleviate burdens for military
1037     families by allowing active duty military personnel and their spouses to obtain a Compact
1038     Privilege based on having an unrestricted License in good standing from a Participating State.
1039          Section 27. Section 58-70c-102 is enacted to read:
1040          58-70c-102. Section 1 -- Definitions.
1041          In this Compact:
1042          A. "Adverse Action" means any administrative, civil, equitable, or criminal action
1043     permitted by a State's laws which is imposed by a Licensing Board or other authority against a
1044     PA License or License application or Compact Privilege such as License denial, censure,
1045     revocation, suspension, probation, monitoring of the Licensee, or restriction on the Licensee's
1046     practice.
1047          B. "Compact Privilege" means the authorization granted by a Remote State to allow a
1048     Licensee from another Participating State to practice as a PA to provide Medical Services and

1049     other licensed activity to a patient located in the Remote State under the Remote State's laws
1050     and regulations.
1051          C. "Conviction" means a finding by a court that an individual is guilty of a felony or
1052     misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge
1053     by the offender.
1054          D. "Criminal Background Check" means the submission of fingerprints or other
1055     biometric-based information for a License applicant for the purpose of obtaining that
1056     applicant's criminal history record information, as defined in 28 C.F.R. § 20.3(d), from the
1057     State's criminal history record repository as defined in 28 C.F.R. § 20.3(f).
1058          E. "Data System" means the repository of information about Licensees, including but
1059     not limited to License status and Adverse Actions, which is created and administered under the
1060     terms of this Compact.
1061          F. "Executive Committee" means a group of directors and ex-officio individuals elected
1062     or appointed pursuant to Section 7.F.2.
1063          G. "Impaired Practitioner" means a PA whose practice is adversely affected by
1064     health-related condition(s) that impact their ability to practice.
1065          H. "Investigative Information" means information, records, or documents received or
1066     generated by a Licensing Board pursuant to an investigation.
1067          I. "Jurisprudence Requirement" means the assessment of an individual's knowledge of
1068     the laws and Rules governing the practice of a PA in a State.
1069          J. "License" means current authorization by a State, other than authorization pursuant to
1070     a Compact Privilege, for a PA to provide Medical Services, which would be unlawful without
1071     current authorization.
1072          K. "Licensee" means an individual who holds a License from a State to provide
1073     Medical Services as a PA.
1074          L. "Licensing Board" means any State entity authorized to license and otherwise
1075     regulate PAs.
1076          M. "Medical Services" means health care services provided for the diagnosis,
1077     prevention, treatment, cure or relief of a health condition, injury, or disease, as defined by a
1078     State's laws and regulations.
1079          N. "Model Compact" means the model for the PA Licensure Compact on file with The

1080     Council of State Governments or other entity as designated by the Commission.
1081          O. "Participating State" means a State that has enacted this Compact.
1082          P. "PA" means an individual who is licensed as a physician assistant in a State. For
1083     purposes of this Compact, any other title or status adopted by a State to replace the term
1084     "physician assistant" shall be deemed synonymous with "physician assistant" and shall confer
1085     the same rights and responsibilities to the Licensee under the provisions of this Compact at the
1086     time of its enactment.
1087          Q. "PA Licensure Compact Commission," "Compact Commission," or "Commission"
1088     mean the national administrative body created pursuant to Section 7.A of this Compact.
1089          R. "Qualifying License" means an unrestricted License issued by a Participating State to
1090     provide Medical Services as a PA.
1091          S. "Remote State" means a Participating State where a Licensee who is not licensed as a
1092     PA is exercising or seeking to exercise the Compact Privilege.
1093          T. "Rule" means a regulation promulgated by an entity that has the force and effect of
1094     law.
1095          U. "Significant Investigative Information" means Investigative Information that a
1096     Licensing Board, after an inquiry or investigation that includes notification and an opportunity
1097     for the PA to respond if required by State law, has reason to believe is not groundless and, if
1098     proven true, would indicate more than a minor infraction.
1099          V. "State" means any state, commonwealth, district, or territory of the United States.
1100          Section 28. Section 58-70c-103 is enacted to read:
1101          58-70c-103. Section 3 -- State Participation in this Compact.
1102          A. To participate in this Compact, a Participating State shall:
1103          1. License PAs.
1104          2. Participate in the Compact Commission's Data System.
1105          3. Have a mechanism in place for receiving and investigating complaints against
1106     Licensees and License applicants.
1107          4. Notify the Commission, in compliance with the terms of this Compact and
1108     Commission Rules, of any Adverse Action against a Licensee or License applicant and the
1109     existence of Significant Investigative Information regarding a Licensee or License applicant.
1110          5. Fully implement a Criminal Background Check requirement, within a time frame

1111     established by Commission Rule, by its Licensing Board receiving the results of a Criminal
1112     Background Check and reporting to the Commission whether the License applicant has been
1113     granted a License.
1114          6. Comply with the Rules of the Compact Commission.
1115          7. Utilize passage of a recognized national exam such as the NCCPA PANCE as a
1116     requirement for PA licensure.
1117          8. Grant the Compact Privilege to a holder of a Qualifying License in a Participating
1118     State.
1119          B. Nothing in this Compact prohibits a Participating State from charging a fee for
1120     granting the Compact Privilege.
1121          Section 29. Section 58-70c-104 is enacted to read:
1122          58-70c-104. Section 4 -- Compact Privilege.
1123          A. To exercise the Compact Privilege, a Licensee must:
1124          1. Have graduated from a PA program accredited by the Accreditation Review
1125     Commission on Education for the Physician Assistant, Inc. or other programs authorized by
1126     Commission Rule.
1127          2. Hold current NCCPA certification.
1128          3. Have no felony or misdemeanor Conviction.
1129          4. Have never had a controlled substance license, permit, or registration suspended or
1130     revoked by a State or by the United States Drug Enforcement Administration.
1131          5. Have a unique identifier as determined by Commission Rule.
1132          6. Hold a Qualifying License.
1133          7. Have had no revocation of a License or limitation or restriction on any License
1134     currently held due to an adverse action.
1135          8. If a Licensee has had a limitation or restriction on a License or Compact Privilege
1136     due to an Adverse Action, two years must have elapsed from the date on which the License or
1137     Compact Privilege is no longer limited or restricted due to the Adverse Action.
1138          9. If a Compact Privilege has been revoked or is limited or restricted in a Participating
1139     State for conduct that would not be a basis for disciplinary action in a Participating State in
1140     which the Licensee is practicing or applying to practice under a Compact Privilege, that
1141     Participating State shall have the discretion not to consider such action as an Adverse Action

1142     requiring the denial or removal of a Compact Privilege in that State.
1143          10. Notify the Compact Commission that the Licensee is seeking the Compact Privilege
1144     in a Remote State.
1145          11. Meet any Jurisprudence Requirement of a Remote State in which the Licensee is
1146     seeking to practice under the Compact Privilege and pay any fees applicable to satisfying the
1147     Jurisprudence Requirement.
1148          12. Report to the Commission any Adverse Action taken by a non-participating State
1149     within thirty (30) days after the action is taken.
1150          B. The Compact Privilege is valid until the expiration or revocation of the Qualifying
1151     License unless terminated pursuant to an Adverse Action. The Licensee must also comply with
1152     all of the requirements of Subsection A above to maintain the Compact Privilege in a Remote
1153     State. If the Participating State takes Adverse Action against a Qualifying License, the Licensee
1154     shall lose the Compact Privilege in any Remote State in which the Licensee has a Compact
1155     Privilege until all of the following occur:
1156          1. The License is no longer limited or restricted; and
1157          2. Two (2) years have elapsed from the date on which the License is no longer limited
1158     or restricted due to the Adverse Action.
1159          C. Once a restricted or limited License satisfies the requirements of Subsection B.1 and
1160     2, the Licensee must meet the requirements of Subsection A to obtain a Compact Privilege in
1161     any Remote State.
1162          D. For each Remote State in which a PA seeks authority to prescribe controlled
1163     substances, the PA shall satisfy all requirements imposed by such State in granting or renewing
1164     such authority.
1165          Section 30. Section 58-70c-105 is enacted to read:
1166          58-70c-105. Section 5 -- Designation of the State from Which Licensee is Applying
1167     for a Compact Privilege.
1168          A. Upon a Licensee's application for a Compact Privilege, the Licensee shall identify to
1169     the Commission the Participating State from which the Licensee is applying, in accordance
1170     with applicable Rules adopted by the Commission, and subject to the following requirements:
1171          1. When applying for a Compact Privilege, the Licensee shall provide the Commission
1172     with the address of the Licensee's primary residence and thereafter shall immediately report to

1173     the Commission any change in the address of the Licensee's primary residence.
1174          2. When applying for a Compact Privilege, the Licensee is required to consent to accept
1175     service of process by mail at the Licensee's primary residence on file with the Commission
1176     with respect to any action brought against the Licensee by the Commission or a Participating
1177     State, including a subpoena, with respect to any action brought or investigation conducted by
1178     the Commission or a Participating State.
1179          Section 31. Section 58-70c-106 is enacted to read:
1180          58-70c-106. Section 6 -- Adverse Actions.
1181          A. A Participating State in which a Licensee is licensed shall have exclusive power to
1182     impose Adverse Action against the Qualifying License issued by that Participating State.
1183          B. In addition to the other powers conferred by State law, a Remote State shall have the
1184     authority, in accordance with existing State due process law, to do all of the following:
1185          1. Take Adverse Action against a PA's Compact Privilege within that State to remove a
1186     Licensee's Compact Privilege or take other action necessary under applicable law to protect the
1187     health and safety of its citizens.
1188          2. Issue subpoenas for both hearings and investigations that require the attendance and
1189     testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing
1190     Board in a Participating State for the attendance and testimony of witnesses or the production
1191     of evidence from another Participating State shall be enforced in the latter State by any court of
1192     competent jurisdiction, according to the practice and procedure of that court applicable to
1193     subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness
1194     fees, travel expenses, mileage and other fees required by the service statutes of the State in
1195     which the witnesses or evidence are located.
1196          3. Notwithstanding paragraph 1, subpoenas may not be issued by a Participating State
1197     to gather evidence of conduct in another State that is lawful in that other State for the purpose
1198     of taking Adverse Action against a Licensee's Compact Privilege or application for a Compact
1199     Privilege in that Participating State.
1200          4. Nothing in this Compact authorizes a Participating State to impose discipline against
1201     a PA's Compact Privilege or to deny an application for a Compact Privilege in that
1202     Participating State for the individual's otherwise lawful practice in another State.
1203          C. For purposes of taking Adverse Action, the Participating State which issued the

1204     Qualifying License shall give the same priority and effect to reported conduct received from
1205     any other Participating State as it would if the conduct had occurred within the Participating
1206     State which issued the Qualifying License. In so doing, that Participating State shall apply its
1207     own State laws to determine appropriate action.
1208          D. A Participating State, if otherwise permitted by State law, may recover from the
1209     affected PA the costs of investigations and disposition of cases resulting from any Adverse
1210     Action taken against that PA.
1211          E. A Participating State may take Adverse Action based on the factual findings of a
1212     Remote State, provided that the Participating State follows its own procedures for taking the
1213     Adverse Action.
1214          F. Joint Investigations.
1215          1. In addition to the authority granted to a Participating State by its respective State PA
1216     laws and regulations or other applicable State law, any Participating State may participate with
1217     other Participating States in joint investigations of Licensees.
1218          2. Participating States shall share any investigative, litigation, or compliance materials
1219     in furtherance of any joint or individual investigation initiated under this Compact.
1220          G. If an Adverse Action is taken against a PA's Qualifying License, the PA's Compact
1221     Privilege in all Remote States shall be deactivated until two (2) years have elapsed after all
1222     restrictions have been removed from the State License. All disciplinary orders by the
1223     Participating State which issued the Qualifying License that impose Adverse Action against a
1224     PA's License shall include a Statement that the PA's Compact Privilege is deactivated in all
1225     Participating States during the pendency of the order.
1226          H. If any Participating State takes Adverse Action, it promptly shall notify the
1227     administrator of the Data System.
1228          Section 32. Section 58-70c-107 is enacted to read:
1229          58-70c-107. Section 7 -- Establishment of the PA Licensure Compact
1230     Commission.
1231          A. The Participating States hereby create and establish a joint government agency and
1232     national administrative body known as the PA Licensure Compact Commission. The
1233     Commission is an instrumentality of the Compact States acting jointly and not an
1234     instrumentality of any one State. The Commission shall come into existence on or after the

1235     effective date of the Compact as set forth in Section 11.A.
1236          B. Membership, Voting, and Meetings
1237          1. Each Participating State shall have and be limited to one (1) delegate selected by that
1238     Participating State's Licensing Board or, if the State has more than one Licensing Board,
1239     selected collectively by the Participating State's Licensing Boards.
1240          2. The delegate shall be either:
1241          a. A current PA, physician or public member of a Licensing Board or PA
1242     Council/Committee; or
1243          b. An administrator of a Licensing Board.
1244          3. Any delegate may be removed or suspended from office as provided by the laws of
1245     the State from which the delegate is appointed.
1246          4. The Participating State Licensing Board shall fill any vacancy occurring in the
1247     Commission within sixty (60) days.
1248          5. Each delegate shall be entitled to one (1) vote on all matters voted on by the
1249     Commission and shall otherwise have an opportunity to participate in the business and affairs
1250     of the Commission. A delegate shall vote in person or by such other means as provided in the
1251     bylaws. The bylaws may provide for delegates' participation in meetings by
1252     telecommunications, video conference, or other means of communication.
1253          6. The Commission shall meet at least once during each calendar year. Additional
1254     meetings shall be held as set forth in this Compact and the bylaws.
1255          7. The Commission shall establish by Rule a term of office for delegates.
1256          C. The Commission shall have the following powers and duties:
1257          1. Establish a code of ethics for the Commission;
1258          2. Establish the fiscal year of the Commission;
1259          3. Establish fees;
1260          4. Establish bylaws;
1261          5. Maintain its financial records in accordance with the bylaws;
1262          6. Meet and take such actions as are consistent with the provisions of this Compact and
1263     the bylaws;
1264          7. Promulgate Rules to facilitate and coordinate implementation and administration of
1265     this Compact. The Rules shall have the force and effect of law and shall be binding in all

1266     Participating States;
1267          8. Bring and prosecute legal proceedings or actions in the name of the Commission,
1268     provided that the standing of any State Licensing Board to sue or be sued under applicable law
1269     shall not be affected;
1270          9. Purchase and maintain insurance and bonds;
1271          10. Borrow, accept, or contract for services of personnel, including, but not limited to,
1272     employees of a Participating State;
1273          11. Hire employees and engage contractors, elect or appoint officers, fix compensation,
1274     define duties, grant such individuals appropriate authority to carry out the purposes of this
1275     Compact, and establish the Commission's personnel policies and programs relating to conflicts
1276     of interest, qualifications of personnel, and other related personnel matters;
1277          12. Accept any and all appropriate donations and grants of money, equipment, supplies,
1278     materials and services, and receive, utilize and dispose of the same, provided that at all times
1279     the Commission shall avoid any appearance of impropriety or conflict of interest;
1280          13. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,
1281     improve or use, any property, real, personal or mixed, provided that at all times the
1282     Commission shall avoid any appearance of impropriety;
1283          14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
1284     any property real, personal, or mixed;
1285          15. Establish a budget and make expenditures;
1286          16. Borrow money;
1287          17. Appoint committees, including standing committees composed of members, State
1288     regulators, State legislators or their representatives, and consumer representatives, and such
1289     other interested persons as may be designated in this Compact and the bylaws;
1290          18. Provide and receive information from, and cooperate with, law enforcement
1291     agencies;
1292          19. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the
1293     Commission as provided in the Commission's bylaws;
1294          20. Reserve for itself, in addition to those reserved exclusively to the Commission
1295     under the Compact, powers that the Executive Committee may not exercise;
1296          21. Approve or disapprove a State's participation in the Compact based upon its

1297     determination as to whether the State's Compact legislation departs in a material manner from
1298     the Model Compact language;
1299          22. Prepare and provide to the Participating States an annual report; and
1300          23. Perform such other functions as may be necessary or appropriate to achieve the
1301     purposes of this Compact consistent with the State regulation of PA licensure and practice.
1302          D. Meetings of the Commission
1303          1. All meetings of the Commission that are not closed pursuant to this subsection shall
1304     be open to the public. Notice of public meetings shall be posted on the Commission's website
1305     at least thirty (30) days prior to the public meeting.
1306          2. Notwithstanding subsection D.1 of this section, the Commission may convene a
1307     public meeting by providing at least twenty-four (24) hours prior notice on the Commission's
1308     website, and any other means as provided in the Commission's Rules, for any of the reasons it
1309     may dispense with notice of proposed rulemaking under Section 9.L.
1310          3. The Commission may convene in a closed, non-public meeting or non-public part of
1311     a public meeting to receive legal advice or to discuss.
1312          a. Non-compliance of a Participating State with its obligations under this Compact;
1313          b. The employment, compensation, discipline or other matters, practices or procedures
1314     related to specific employees or other matters related to the Commission's internal personnel
1315     practices and procedures;
1316          c. Current, threatened, or reasonably anticipated litigation;
1317          d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
1318     estate;
1319          e. Accusing any person of a crime or formally censuring any person;
1320          f. Disclosure of trade secrets or commercial or financial information that is privileged
1321     or confidential;
1322          g. Disclosure of information of a personal nature where disclosure would constitute a
1323     clearly unwarranted invasion of personal privacy;
1324          h. Disclosure of investigative records compiled for law enforcement purposes;
1325          i. Disclosure of information related to any investigative reports prepared by or on behalf
1326     of or for use of the Commission or other committee charged with responsibility of investigation
1327     or determination of compliance issues pursuant to this Compact;

1328          j. Legal advice; or
1329          k. Matters specifically exempted from disclosure by federal or Participating States'
1330     statutes.
1331          4. If a meeting, or portion of a meeting, is closed pursuant to this provision, the chair of
1332     the meeting or the chair's designee shall certify that the meeting or portion of the meeting may
1333     be closed and shall reference each relevant exempting provision.
1334          5. The Commission shall keep minutes that fully and clearly describe all matters
1335     discussed in a meeting and shall provide a full and accurate summary of actions taken,
1336     including a description of the views expressed. All documents considered in connection with
1337     an action shall be identified in such minutes. All minutes and documents of a closed meeting
1338     shall remain under seal, subject to release by a majority vote of the Commission or order of a
1339     court of competent jurisdiction.
1340          E. Financing of the Commission
1341          1. The Commission shall pay, or provide for the payment of, the reasonable expenses of
1342     its establishment, organization, and ongoing activities.
1343          2. The Commission may accept any and all appropriate revenue sources, donations, and
1344     grants of money, equipment, supplies, materials, and services.
1345          3. The Commission may levy on and collect an annual assessment from each
1346     Participating State and may impose Compact Privilege fees on Licensees of Participating States
1347     to whom a Compact Privilege is granted to cover the cost of the operations and activities of the
1348     Commission and its staff, which must be in a total amount sufficient to cover its annual budget
1349     as approved by the Commission each year for which revenue is not provided by other sources.
1350     The aggregate annual assessment amount levied on Participating States shall be allocated based
1351     upon a formula to be determined by Commission Rule.
1352          a. A Compact Privilege expires when the Licensee's Qualifying License in the
1353     Participating State from which the Licensee applied for the Compact Privilege expires.
1354          b. If the Licensee terminates the Qualifying License through which the Licensee applied
1355     for the Compact Privilege before its scheduled expiration, and the Licensee has a Qualifying
1356     License in another Participating State, the Licensee shall inform the Commission that it is
1357     changing to that Participating State the Participating State through which it applies for a
1358     Compact Privilege and pay to the Commission any Compact Privilege fee required by

1359     Commission Rule.
1360          4. The Commission shall not incur obligations of any kind prior to securing the funds
1361     adequate to meet the same; nor shall the Commission pledge the credit of any of the
1362     Participating States, except by and with the authority of the Participating State.
1363          5. The Commission shall keep accurate accounts of all receipts and disbursements. The
1364     receipts and disbursements of the Commission shall be subject to the financial review and
1365     accounting procedures established under its bylaws. All receipts and disbursements of funds
1366     handled by the Commission shall be subject to an annual financial review by a certified or
1367     licensed public accountant, and the report of the financial review shall be included in and
1368     become part of the annual report of the Commission.
1369          F. The Executive Committee
1370          1. The Executive Committee shall have the power to act on behalf of the Commission
1371     according to the terms of this Compact and Commission Rules.
1372          2. The Executive Committee shall be composed of nine (9) members:
1373          a. Seven voting members who are elected by the Commission from the current
1374     membership of the Commission;
1375          b. One ex-officio, nonvoting member from a recognized national PA professional
1376     association; and
1377          c. One ex-officio, nonvoting member from a recognized national PA certification
1378     organization.
1379          3. The ex-officio members will be selected by their respective organizations.
1380          4. The Commission may remove any member of the Executive Committee as provided
1381     in its bylaws.
1382          5. The Executive Committee shall meet at least annually.
1383          6. The Executive Committee shall have the following duties and responsibilities:
1384          a. Recommend to the Commission changes to the Commission's Rules or bylaws,
1385     changes to this Compact legislation, fees to be paid by Compact Participating States such as
1386     annual dues, and any Commission Compact fee charged to Licensees for the Compact
1387     Privilege;
1388          b. Ensure Compact administration services are appropriately provided, contractual or
1389     otherwise;

1390          c. Prepare and recommend the budget;
1391          d. Maintain financial records on behalf of the Commission;
1392          e. Monitor Compact compliance of Participating States and provide compliance reports
1393     to the Commission;
1394          f. Establish additional committees as necessary;
1395          g. Exercise the powers and duties of the Commission during the interim between
1396     Commission meetings, except for issuing proposed rulemaking or adopting Commission Rules
1397     or bylaws, or exercising any other powers and duties exclusively reserved to the Commission
1398     by the Commission's Rules; and
1399          h. Perform other duties as provided in the Commission's Rules or bylaws.
1400          7. All meetings of the Executive Committee at which it votes or plans to vote on
1401     matters in exercising the powers and duties of the Commission shall be open to the public and
1402     public notice of such meetings shall be given as public meetings of the Commission are given.
1403          8. The Executive Committee may convene in a closed, non-public meeting for the same
1404     reasons that the Commission may convene in a non-public meeting as set forth in Section 7.D.3
1405     and shall announce the closed meeting as the Commission is required to under Section 7.D.4
1406     and keep minutes of the closed meeting as the Commission is required to under Section 7.D.5.
1407          G. Qualified Immunity, Defense, and Indemnification
1408          1. The members, officers, executive director, employees and representatives of the
1409     Commission shall be immune from suit and liability, both personally and in their official
1410     capacity, for any claim for damage to or loss of property or personal injury or other civil
1411     liability caused by or arising out of any actual or alleged act, error, or omission that occurred,
1412     or that the person against whom the claim is made had a reasonable basis for believing
1413     occurred within the scope of Commission employment, duties or responsibilities; provided that
1414     nothing in this paragraph shall be construed to protect any such person from suit or liability for
1415     any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct
1416     of that person. The procurement of insurance of any type by the Commission shall not in any
1417     way compromise or limit the immunity granted hereunder.
1418          2. The Commission shall defend any member, officer, executive director, employee,
1419     and representative of the Commission in any civil action seeking to impose liability arising out
1420     of any actual or alleged act, error, or omission that occurred within the scope of Commission

1421     employment, duties, or responsibilities, or as determined by the commission that the person
1422     against whom the claim is made had a reasonable basis for believing occurred within the scope
1423     of Commission employment, duties, or responsibilities, provided that nothing herein shall be
1424     construed to prohibit that person from retaining their own counsel at their own expense, and
1425     provided further, that the actual or alleged act, error, or omission did not result from that
1426     person's intentional or willful or wanton misconduct.
1427          3. The Commission shall indemnify and hold harmless any member, officer, executive
1428     director, employee, and representative of the Commission for the amount of any settlement or
1429     judgment obtained against that person arising out of any actual or alleged act, error, or
1430     omission that occurred within the scope of Commission employment, duties, or
1431     responsibilities, or that such person had a reasonable basis for believing occurred within the
1432     scope of Commission employment, duties, or responsibilities, provided that the actual or
1433     alleged act, error, or omission did not result from the intentional or willful or wanton
1434     misconduct of that person.
1435          4. Venue is proper and judicial proceedings by or against the Commission shall be
1436     brought solely and exclusively in a court of competent jurisdiction where the principal office of
1437     the Commission is located. The Commission may waive venue and jurisdictional defenses in
1438     any proceedings as authorized by Commission Rules.
1439          5. Nothing herein shall be construed as a limitation on the liability of any Licensee for
1440     professional malpractice or misconduct, which shall be governed solely by any other applicable
1441     State laws.
1442          6. Nothing herein shall be construed to designate the venue or jurisdiction to bring
1443     actions for alleged acts of malpractice, professional misconduct, negligence, or other such civil
1444     action pertaining to the practice of a PA. All such matters shall be determined exclusively by
1445     State law other than this Compact.
1446          7. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a
1447     Participating State's state action immunity or state action affirmative defense with respect to
1448     antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or
1449     anticompetitive law or regulation.
1450          8. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by
1451     the Participating States or by the Commission.

1452          Section 33. Section 58-70c-108 is enacted to read:
1453          58-70c-108. Section 8 -- Data System.
1454          A. The Commission shall provide for the development, maintenance, operation, and
1455     utilization of a coordinated data and reporting system containing licensure, Adverse Action,
1456     and the reporting of the existence of Significant Investigative Information on all licensed PAs
1457     and applicants denied a License in Participating States.
1458          B. Notwithstanding any other State law to the contrary, a Participating State shall
1459     submit a uniform data set to the Data System on all PAs to whom this Compact is applicable
1460     (utilizing a unique identifier) as required by the Rules of the Commission, including:
1461          1. Identifying information;
1462          2. Licensure data;
1463          3. Adverse Actions against a License or Compact Privilege;
1464          4. Any denial of application for licensure, and the reason(s) for such denial (excluding
1465     the reporting of any Criminal history record information where prohibited by law);
1466          5. The existence of Significant Investigative Information; and
1467          6. Other information that may facilitate the administration of this Compact, as
1468     determined by the Rules of the Commission.
1469          C. Significant Investigative Information pertaining to a Licensee in any Participating
1470     State shall only be available to other Participating States.
1471          D. The Commission shall promptly notify all Participating States of any Adverse
1472     Action taken against a Licensee or an individual applying for a License that has been reported
1473     to it. This Adverse Action information shall be available to any other Participating State.
1474          E. Participating States contributing information to the Data System may, in accordance
1475     with State or federal law, designate information that may not be shared with the public without
1476     the express permission of the contributing State. Notwithstanding any such designation, such
1477     information shall be reported to the Commission through the Data System.
1478          F. Any information submitted to the Data System that is subsequently expunged
1479     pursuant to federal law or the laws of the Participating State contributing the information shall
1480     be removed from the Data System upon reporting of such by the Participating State to the
1481     Commission.
1482          G. The records and information provided to a Participating State pursuant to this

1483     Compact or through the Data System, when certified by the Commission or an agent thereof,
1484     shall constitute the authenticated business records of the Commission, and shall be entitled to
1485     any associated hearsay exception in any relevant judicial, quasi-judicial or administrative
1486     proceedings in a Participating State.
1487          Section 34. Section 58-70c-109 is enacted to read:
1488          58-70c-109. Section 9 -- Rulemaking.
1489          A. The Commission shall exercise its Rulemaking powers pursuant to the criteria set
1490     forth in this Section and the Rules adopted thereunder. Commission Rules shall become
1491     binding as of the date specified by the Commission for each Rule.
1492          B. The Commission shall promulgate reasonable Rules in order to effectively and
1493     efficiently implement and administer this Compact and achieve its purposes. A Commission
1494     Rule shall be invalid and have not force or effect only if a court of competent jurisdiction holds
1495     that the Rule is invalid because the Commission exercised its rulemaking authority in a manner
1496     that is beyond the scope of the purposes of this Compact, or the powers granted hereunder, or
1497     based upon another applicable standard of review.
1498          C. The Rules of the Commission shall have the force of law in each Participating State,
1499     provided however that where the Rules of the Commission conflict with the laws of the
1500     Participating State that establish the medical services a PA may perform in the Participating
1501     State, as held by a court of competent jurisdiction, the Rules of the Commission shall be
1502     ineffective in that State to the extent of the conflict.
1503          D. If a majority of the legislatures of the Participating States rejects a Commission
1504     Rule, by enactment of a statute or resolution in the same manner used to adopt this Compact
1505     within four (4) years of the date of adoption of the Rule, then such Rule shall have no further
1506     force and effect in any Participating State or to any State applying to participate in the
1507     Compact.
1508          E. Commission Rules shall be adopted at a regular or special meeting of the
1509     Commission.
1510          F. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and
1511     at least thirty (30) days in advance of the meeting at which the Rule will be considered and
1512     voted upon, the Commission shall file a Notice of Proposed Rulemaking:
1513          1. On the website of the Commission or other publicly accessible platform; and

1514          2. To persons who have requested notice of the Commission's notices of proposed
1515     rulemaking, and
1516          3. In such other way(s) as the Commission may by Rule specify.
1517          G. The Notice of Proposed Rulemaking shall include:
1518          1. The time, date, and location of the public hearing on the proposed Rule and the
1519     proposed time, date and location of the meeting in which the proposed Rule will be considered
1520     and voted upon;
1521          2. The text of the proposed Rule and the reason for the proposed Rule;
1522          3. A request for comments on the proposed Rule from any interested person and the
1523     date by which written comments must be received; and
1524          4. The manner in which interested persons may submit notice to the Commission of
1525     their intention to attend the public hearing or provide any written comments.
1526          H. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit
1527     written data, facts, opinions, and arguments, which shall be made available to the public.
1528          I. If the hearing is to be held via electronic means, the Commission shall publish the
1529     mechanism for access to the electronic hearing.
1530          1. All persons wishing to be heard at the hearing shall as directed in the Notice of
1531     Proposed Rulemaking, not less than five (5) business days before the scheduled date of the
1532     hearing, notify the Commission of their desire to appear and testify at the hearing.
1533          2. Hearings shall be conducted in a manner providing each person who wishes to
1534     comment a fair and reasonable opportunity to comment orally or in writing.
1535          3. All hearings shall be recorded. A copy of the recording and the written comments,
1536     data, facts, opinions, and arguments received in response to the proposed rulemaking shall be
1537     made available to a person upon request.
1538          4. Nothing in this section shall be construed as requiring a separate hearing on each
1539     proposed Rule. Proposed Rules may be grouped for the convenience of the Commission at
1540     hearings required by this section.
1541          J. Following the public hearing the Commission shall consider all written and oral
1542     comments timely received.
1543          K. The Commission shall, by majority vote of all delegates, take final action on the
1544     proposed Rule and shall determine the effective date of the Rule, if adopted, based on the

1545     Rulemaking record and the full text of the Rule.
1546          1. If adopted, the Rule shall be posted on the Commission's website.
1547          2. The Commission may adopt changes to the proposed Rule provided the changes do
1548     not enlarge the original purpose of the proposed Rule.
1549          3. The Commission shall provide on its website an explanation of the reasons for
1550     substantive changes made to the proposed Rule as well as reasons for substantive changes not
1551     made that were recommended by commenters.
1552          4. The Commission shall determine a reasonable effective date for the Rule. Except for
1553     an emergency as provided in subsection L, the effective date of the Rule shall be no sooner
1554     than thirty (30) days after the Commission issued the notice that adopted the Rule.
1555          L. Upon determination that an emergency exists, the Commission may consider and
1556     adopt an emergency Rule with twenty-four (24) hours prior notice, without the opportunity for
1557     comment, or hearing, provided that the usual rulemaking procedures provided in this Compact
1558     and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in
1559     no event later than ninety (90) days after the effective date of the Rule. For the purposes of this
1560     provision, an emergency Rule is one that must be adopted immediately by the Commission in
1561     order to:
1562          1. Meet an imminent threat to public health, safety, or welfare;
1563          2. Prevent a loss of Commission or Participating State funds;
1564          3. Meet a deadline for the promulgation of a Commission Rule that is established by
1565     federal law or Rule; or
1566          4. Protect public health and safety.
1567          M. The Commission or an authorized committee of the Commission may direct
1568     revisions to a previously adopted Commission Rule for purposes of correcting typographical
1569     errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
1570     revisions shall be posted on the website of the Commission. The revision shall be subject to
1571     challenge by any person for a period of thirty (30) days after posting. The revision may be
1572     challenged only on grounds that the revision results in a material change to a Rule. A challenge
1573     shall be made as set forth in the notice of revisions and delivered to the Commission prior to
1574     the end of the notice period. If no challenge is made, the revision will take effect without
1575     further action. If the revision is challenged, the revision may not take effect without the

1576     approval of the Commission.
1577          N. No Participating State's rulemaking requirements shall apply under this Compact.
1578          Section 35. Section 58-70c-110 is enacted to read:
1579          58-70c-110. Section 10 -- Oversight, Dispute Resolution, and Enforcement.
1580          A. Oversight
1581          1. The executive and judicial branches of State government in each Participating State
1582     shall enforce this Compact and take all actions necessary and appropriate to implement the
1583     Compact.
1584          2. Venue is proper and judicial proceedings by or against the Commission shall be
1585     brought solely and exclusively in a court of competent jurisdiction where the principal office of
1586     the Commission is located. The Commission may waive venue and jurisdictional defenses to
1587     the extent it adopts or consents to participate in alternative dispute resolution proceedings.
1588     Nothing herein shall affect or limit the selection or propriety of venue in any action against a
1589     licensee for professional malpractice, misconduct or any such similar matter.
1590          3. The Commission shall be entitled to receive service of process in any proceeding
1591     regarding the enforcement or interpretation of the Compact or the Commission's Rules and
1592     shall have standing to intervene in such a proceeding for all purposes. Failure to provide the
1593     Commission with service of process shall render a judgment or order in such proceeding void
1594     as to the Commission, this Compact, or Commission Rules.
1595          B. Default, Technical Assistance, and Termination
1596          1. If the Commission determines that a Participating State has defaulted in the
1597     performance of its obligations or responsibilities under this Compact or the Commission Rules,
1598     the Commission shall provide written notice to the defaulting State and other Participating
1599     States. The notice shall describe the default, the proposed means of curing the default and any
1600     other action that the Commission may take and shall offer remedial training and specific
1601     technical assistance regarding the default.
1602          2. If a State in default fails to cure the default, the defaulting State may be terminated
1603     from this Compact upon an affirmative vote of a majority of the delegates of the Participating
1604     States, and all rights, privileges and benefits conferred by this Compact upon such State may be
1605     terminated on the effective date of termination. A cure of the default does not relieve the
1606     offending State of obligations or liabilities incurred during the period of default.

1607          3. Termination of participation in this Compact shall be imposed only after all other
1608     means of securing compliance have been exhausted. Notice of intent to suspend or terminate
1609     shall be given by the Commission to the governor, the majority and minority leaders of the
1610     defaulting State's legislature, and to the Licensing Board(s) of each of the Participating States.
1611          4. A State that has been terminated is responsible for all assessments, obligations, and
1612     liabilities incurred through the effective date of termination, including obligations that extend
1613     beyond the effective date of termination.
1614          5. The Commission shall not bear any costs related to a State that is found to be in
1615     default or that has been terminated from this Compact, unless agreed upon in writing between
1616     the Commission and the defaulting State.
1617          6. The defaulting State may appeal its termination from the Compact by the
1618     Commission by petitioning the U.S. District Court for the District of Columbia or the federal
1619     district where the Commission has its principal offices. The prevailing member shall be
1620     awarded all costs of such litigation, including reasonable attorney's fees.
1621          7. Upon the termination of a State's participation in the Compact, the State shall
1622     immediately provide notice to all Licensees within that State of such termination:
1623          a. Licensees who have been granted a Compact Privilege in that State shall retain the
1624     Compact Privilege for one hundred eighty (180) days following the effective date of such
1625     termination.
1626          b. Licensees who are licensed in that State who have been granted a Compact Privilege
1627     in a Participating State shall retain the Compact Privilege for one hundred eighty (180) days
1628     unless the Licensee also has a Qualifying License in a Participating State or obtains a
1629     Qualifying License in a Participating State before the one hundred eighty (180)-day period
1630     ends, in which case the Compact Privilege shall continue.
1631          C. Dispute Resolution
1632          1. Upon request by a Participating State, the Commission shall attempt to resolve
1633     disputes related to this Compact that arise among Participating States and between participating
1634     and non-Participating States.
1635          2. The Commission shall promulgate a Rule providing for both mediation and binding
1636     dispute resolution for disputes as appropriate.
1637          D. Enforcement.

1638          1. The Commission, in the reasonable exercise of its discretion, shall enforce the
1639     provisions of this Compact and Rules of the Commission.
1640          2. If compliance is not secured after all means to secure compliance have been
1641     exhausted, by majority vote, the Commission may initiate legal action in the United States
1642     District Court for the District of Columbia or the federal district where the Commission has its
1643     principal offices, against a Participating State in default to enforce compliance with the
1644     provisions of this Compact and the Commission's promulgated Rules and bylaws. The relief
1645     sought may include both injunctive relief and damages. In the event judicial enforcement is
1646     necessary, the prevailing party shall be awarded all costs of such litigation, including
1647     reasonable attorney's fees.
1648          3. The remedies herein shall not be the exclusive remedies of the Commission. The
1649     Commission may pursue any other remedies available under federal or State law.
1650          E. Legal Action Against the Commission
1651          1. A Participating State may initiate legal action against the Commission in the U.S.
1652     District Court for the District of Columbia or the federal district where the Commission has its
1653     principal offices to enforce compliance with the provisions of the Compact and its Rules. The
1654     relief sought may include both injunctive relief and damages. In the event judicial enforcement
1655     is necessary, the prevailing party shall be awarded all costs of such litigation, including
1656     reasonable attorney's fees.
1657          2. No person other than a Participating State shall enforce this Compact against the
1658     Commission.
1659          Section 36. Section 58-70c-111 is enacted to read:
1660          58-70c-111. Section 11 -- Date of Implementation of the PA Licensure Compact
1661     Commission.
1662          A. This Compact shall come into effect on the date on which this Compact statute is
1663     enacted into law in the seventh Participating State.
1664          1. On or after the effective date of the Compact, the Commission shall convene and
1665     review the enactment of each of the States that enacted the Compact prior to the Commission
1666     convening ("Charter Participating States") to determine if the statute enacted by each such
1667     Charter Participating State is materially different than the Model Compact.
1668          a. A Charter Participating State whose enactment is found to be materially different

1669     from the Model Compact shall be entitled to the default process set forth in Section 10.B.
1670          b. If any Participating State later withdraws from the Compact or its participation is
1671     terminated, the Commission shall remain in existence and the Compact shall remain in effect
1672     even if the number of Participating States should be less than seven. Participating States
1673     enacting the Compact subsequent to the Commission convening shall be subject to the process
1674     set forth in Section 7.C.21 to determine if their enactments are materially different from the
1675     Model Compact and whether they qualify for participation in the Compact.
1676          2. Participating States enacting the Compact subsequent to the seven initial Charter
1677     Participating States shall be subject to the process set forth in Section 7.C.21 to determine if
1678     their enactments are materially different from the Model Compact and whether they qualify for
1679     participation in the Compact.
1680          3. All actions taken for the benefit of the Commission or in furtherance of the purposes
1681     of the administration of the Compact prior to the effective date of the Compact or the
1682     Commission coming into existence shall be considered to be actions of the Commission unless
1683     specifically repudiated by the Commission.
1684          B. Any State that joins this Compact shall be subject to the Commission's Rules and
1685     bylaws as they exist on the date on which this Compact becomes law in that State. Any Rule
1686     that has been previously adopted by the Commission shall have the full force and effect of law
1687     on the day this Compact becomes law in that State.
1688          C. Any Participating State may withdraw from this Compact by enacting a statute
1689     repealing the same.
1690          1. A Participating State's withdrawal shall not take effect until one hundred eighty (180)
1691     days after enactment of the repealing statute. During this one hundred eighty (180) day-period,
1692     all Compact Privileges that were in effect in the withdrawing State and were granted to
1693     Licensees licensed in the withdrawing State shall remain in effect. If any Licensee licensed in
1694     the withdrawing State is also licensed in another Participating State or obtains a license in
1695     another Participating State within the one hundred eighty (180) days, the Licensee's Compact
1696     Privileges in other Participating States shall not be affected by the passage of the one hundred
1697     eighty (180) days.
1698          2. Withdrawal shall not affect the continuing requirement of the State Licensing
1699     Board(s) of the withdrawing State to comply with the investigative, and Adverse Action

1700     reporting requirements of this Compact prior to the effective date of withdrawal.
1701          3. Upon the enactment of a statute withdrawing a State from this Compact, the State
1702     shall immediately provide notice of such withdrawal to all Licensees within that State. Such
1703     withdrawing State shall continue to recognize all licenses granted pursuant to this Compact for
1704     a minimum of one hundred eighty (180) days after the date of such notice of withdrawal.
1705          D. Nothing contained in this Compact shall be construed to invalidate or prevent any
1706     PA licensure agreement or other cooperative arrangement between Participating States and
1707     between a Participating State and non-Participating State that does not conflict with the
1708     provisions of this Compact.
1709          E. This Compact may be amended by the Participating States. No amendment to this
1710     Compact shall become effective and binding upon any Participating State until it is enacted
1711     materially in the same manner into the laws of all Participating States as determined by the
1712     Commission.
1713          Section 37. Section 58-70c-112 is enacted to read:
1714          58-70c-112. Section 12 -- Construction and Severability.
1715          A. This Compact and the Commission's rulemaking authority shall be liberally
1716     construed so as to effectuate the purposes, and the implementation and administration of the
1717     Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of
1718     Rules shall not be construed to limit the Commission's rulemaking authority solely for those
1719     purposes.
1720          B. The provisions of this Compact shall be severable and if any phrase, clause, sentence
1721     or provision of this Compact is held by a court of competent jurisdiction to be contrary to the
1722     constitution of any Participating State, a State seeking participation in the Compact, or of the
1723     United States, or the applicability thereof to any government, agency, person or circumstance is
1724     held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of
1725     this Compact and the applicability thereof to any other government, agency, person or
1726     circumstance shall not be affected thereby.
1727          C. Notwithstanding subsection B or this section, the Commission may deny a State's
1728     participation in the Compact or, in accordance with the requirements of Section 10.B, terminate
1729     a Participating State's participation in the Compact, if it determines that a constitutional
1730     requirement of a Participating State is, or would be with respect to a State seeking to

1731     participate in the Compact, a material departure from the Compact. Otherwise, if this Compact
1732     shall be held to be contrary to the constitution of any Participating State, the Compact shall
1733     remain in full force and effect as to the remaining Participating States and in full force and
1734     effect as to the Participating State affected as to all severable matters.
1735          Section 38. Section 58-70c-113 is enacted to read:
1736          58-70c-113. Section 13 -- Binding Effect of Compact.
1737          A. Nothing herein prevents the enforcement of any other law of a Participating State
1738     that is not inconsistent with this Compact.
1739          B. Any laws in a Participating State in conflict with this Compact are superseded to the
1740     extent of the conflict.
1741          C. All agreements between the Commission and the Participating States are binding in
1742     accordance with their terms.
1743          Section 39. Section 58-70c-201 is enacted to read:
1744     
Part 2. Division Implementation

1745          58-70c-201. Rulemaking authority -- State authority over scope of practice.
1746          (1) The division may make rules in accordance with Title 63G, Chapter 3, Utah
1747     Administrative Rulemaking Act, to implement this chapter.
1748          (2) Notwithstanding any provision in Sections 58-70c-101 through 58-70c-113,
1749     Sections 58-70c-101 through 58-70c-113 do not supersede state law related to an individual's
1750     scope of practice under this title.
1751          Section 40. Section 72-9-602.5 is enacted to read:
1752          72-9-602.5. Certificate by endorsement.
1753          (1) As used in this section, "license" means an authorization that permits the holder to
1754     engage in the practice of a profession described in Section 72-9-602.
1755          (2) Subject to Subsections (4) through (6), the department shall issue a certificate
1756     described in Section 72-9-602 to an applicant who has been licensed in another state, district,
1757     or territory of the United States if:
1758          (a) the department determines that the license issued by the other state, district, or
1759     territory encompasses a similar scope of practice as the certificate;
1760          (b) the applicant has at least one year of experience practicing under the license issued
1761     in the other state, district, or territory; and

1762          (c) the applicant's license is in good standing in the other state, district, or territory.
1763          (3) Subject to Subsections (4) through (6), the department may issue a certificate
1764     described in Section 72-9-602 to an applicant who:
1765          (a) has been licensed in another state, district, or territory of the United States, or in a
1766     jurisdiction outside of the United States, if:
1767          (i) (A) the department determines that the applicant's education, experience, and skills
1768     demonstrate competency in the occupation for which certification is sought; and
1769          (B) the applicant has at least one year of experience practicing under the license issued
1770     in the other state, district, territory, or jurisdiction; or
1771          (ii) the department determines that the licensure requirements of the other state,
1772     district, territory, or jurisdiction at the time the license was issued were substantially similar to
1773     the requirements for the certificate; or
1774          (b) has never been licensed in a state, district, or territory of the United States, or in a
1775     jurisdiction outside of the United States, if:
1776          (i) the applicant was educated in or obtained relevant experience in a state, district, or
1777     territory of the United States, or a jurisdiction outside of the United States; and
1778          (ii) the department determines that the education or experience was substantially
1779     similar to the education or experience requirements for the certificate.
1780          (4) The department may refuse to issue a certificate to an applicant under this section
1781     if:
1782          (a) the department determines that there is reasonable cause to believe that the
1783     applicant is not qualified to receive the certificate; or
1784          (b) the applicant has a previous or pending disciplinary action related to the applicant's
1785     other license.
1786          (5) Before the department issues a certificate to an applicant under this section, the
1787     applicant shall:
1788          (a) pay a fee determined by the department under Section 63J-1-504; and
1789          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
1790     standing in the occupation for which certification is sought.
1791          (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
1792     Administrative Rulemaking Act, prescribing the administration and requirements of this

1793     section.