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 PA Licensure Compact;
16          ▸     creates a process for the following state agencies to issue certain professional
17     licenses and certificates by endorsement:
18               •     the Department of Agriculture and Food;
19               •     the Pete Suazo Utah Athletic Commission within the Department of Cultural
20     and Community Engagement;
21               •     the Department of Commerce;
22               •     the Department of Environmental Quality;
23               •     the Department of Health and Human Services;
24               •     the Utah State Office of Rehabilitation within the Department of Workforce
25     Services;

26               •     the Labor Commission;
27               •     the State Board of Education; and
28               •     the Department of Transportation;
29          ▸     provides administrative rulemaking authority; and
30          ▸     makes technical and conforming changes.
31     Money Appropriated in this Bill:
32          None
33     Other Special Clauses:
34          None
35     Utah Code Sections Affected:
36     AMENDS:
37          58-1-301.5, as last amended by Laws of Utah 2022, Chapters 221, 438 and 466
38          58-1-302, as last amended by Laws of Utah 2022, Chapter 415
39          58-70a-302, as last amended by Laws of Utah 2021, Chapter 312
40     ENACTS:
41          4-1-112, Utah Code Annotated 1953
42          9-23-301.5, Utah Code Annotated 1953
43          13-1-17, Utah Code Annotated 1953
44          19-1-208, Utah Code Annotated 1953
45          26B-3-102, Utah Code Annotated 1953
46          35A-13-606.5, Utah Code Annotated 1953
47          40-2-403, Utah Code Annotated 1953
48          53E-6-205, Utah Code Annotated 1953
49          58-70a-301.1, Utah Code Annotated 1953
50          58-70c-101, Utah Code Annotated 1953
51          58-70c-102, Utah Code Annotated 1953
52          58-70c-103, Utah Code Annotated 1953
53          58-70c-104, Utah Code Annotated 1953
54          58-70c-105, Utah Code Annotated 1953
55          58-70c-106, Utah Code Annotated 1953
56          58-70c-107, Utah Code Annotated 1953

57          58-70c-108, Utah Code Annotated 1953
58          58-70c-109, Utah Code Annotated 1953
59          58-70c-110, Utah Code Annotated 1953
60          58-70c-111, Utah Code Annotated 1953
61          58-70c-112, Utah Code Annotated 1953
62          58-70c-113, Utah Code Annotated 1953
63          58-70c-201, Utah Code Annotated 1953
64          72-9-602.5, Utah Code Annotated 1953
65     

66     Be it enacted by the Legislature of the state of Utah:
67          Section 1. Section 4-1-112 is enacted to read:
68          4-1-112. License by endorsement.
69          (1) As used in this section, "license" means an authorization that permits the holder to
70     engage in the practice of a profession regulated under this title.
71          (2) Subject to Subsections (4) through (7), the department shall issue a license to an
72     applicant who has been licensed in another state, district, or territory of the United States if:
73          (a) the department determines that the license issued by the other state, district, or
74     territory encompasses a similar scope of practice as the license sought in this state;
75          (b) the applicant has at least one year of experience practicing under the license issued
76     in the other state, district, or territory; and
77          (c) the applicant's license is in good standing in the other state, district, or territory.
78          (3) Subject to Subsections (4) through (7), the department may issue a license to an
79     applicant who:
80          (a) has been licensed in another state, district, or territory of the United States, or in a
81     jurisdiction outside of the United States, if:
82          (i) (A) the department determines that the applicant's education, experience, and skills
83     demonstrate competency in the profession for which licensure is sought in this state; and
84          (B) the applicant has at least one year of experience practicing under the license issued
85     in the other state, district, territory, or jurisdiction; or
86          (ii) the department determines that the licensure requirements of the other state,
87     district, territory, or jurisdiction at the time the license was issued were substantially similar to

88     the requirements for the license sought in this state; or
89          (b) has never been licensed in a state, district, or territory of the United States, or in a
90     jurisdiction outside of the United States, if:
91          (i) the applicant was educated in or obtained relevant experience in a state, district, or
92     territory of the United States, or a jurisdiction outside of the United States; and
93          (ii) the department determines that the education or experience was substantially
94     similar to the education or experience requirements for the license sought in this state.
95          (4) The department may refuse to issue a license to an applicant under this section if:
96          (a) the department determines that there is reasonable cause to believe that the
97     applicant is not qualified to receive the license in this state; or
98          (b) the applicant has a previous or pending disciplinary action related to the applicant's
99     other license.
100          (5) Before the department issues a license to an applicant under this section, the
101     applicant shall:
102          (a) pay a fee determined by the department under Section 63J-1-504; and
103          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
104     standing in the profession for which licensure is sought in this state.
105          (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
106     Administrative Rulemaking Act, prescribing the administration and requirements of this
107     section.
108          (7) This section is subject to and may be supplemented or altered by licensure
109     endorsement provisions or multistate licensure compacts in specific chapters of this title.
110          Section 2. Section 9-23-301.5 is enacted to read:
111          9-23-301.5. License by endorsement.
112          (1) As used in this section, "license" means an authorization that permits the holder to
113     engage in the practice of a profession regulated under this chapter.
114          (2) Subject to Subsections (4) through (6), the commission shall issue a license to an
115     applicant who has been licensed in another state, district, or territory of the United States if:
116          (a) the commission determines that the license issued by the other state, district, or
117     territory encompasses a similar scope of practice as the license sought in this state;
118          (b) the applicant has at least one year of experience practicing under the license issued

119     in the other state, district, or territory; and
120          (c) the applicant's license is in good standing in the other state, district, or territory.
121          (3) Subject to Subsections (4) through (6), the commission may issue a license to an
122     applicant who:
123          (a) has been licensed in another state, district, or territory of the United States, or in a
124     jurisdiction outside of the United States, if:
125          (i) (A) the commission determines that the applicant's education, experience, and skills
126     demonstrate competency in the profession for which licensure is sought in this state; and
127          (B) the applicant has at least one year of experience practicing under the license issued
128     in the other state, district, territory, or jurisdiction; or
129          (ii) the commission determines that the licensure requirements of the other state,
130     district, territory, or jurisdiction at the time the license was issued were substantially similar to
131     the requirements for the license sought in this state; or
132          (b) has never been licensed in a state, district, or territory of the United States, or in a
133     jurisdiction outside of the United States, if:
134          (i) the applicant was educated in or obtained relevant experience in a state, district, or
135     territory of the United States, or a jurisdiction outside of the United States; and
136          (ii) the commission determines that the education or experience was substantially
137     similar to the education or experience requirements for the license sought in this state.
138          (4) The commission may refuse to issue a license to an applicant under this section if:
139          (a) the commission determines that there is reasonable cause to believe that the
140     applicant is not qualified to receive the license in this state; or
141          (b) the applicant has a previous or pending disciplinary action related to the applicant's
142     other license.
143          (5) Before the commission issues a license to an applicant under this section, the
144     applicant shall:
145          (a) pay a fee determined by the commission under Section 63J-1-504; and
146          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
147     standing in the profession for which licensure is sought in this state.
148          (6) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
149     Administrative Rulemaking Act, prescribing the administration and requirements of this

150     section.
151          Section 3. Section 13-1-17 is enacted to read:
152          13-1-17. License by endorsement.
153          (1) As used in this section:
154          (a) "License" means, except as provided in Subsection (1)(b), an authorization that
155     permits the holder to engage in the practice of a profession regulated under this title.
156          (b) "License" does not include an authorization that permits the holder to engage in the
157     practice of a profession regulated by the Division of Real Estate under Title 61, Securities
158     Division - Real Estate Division, or the Division of Professional Licensing under Title 58,
159     Occupations and Professions.
160          (2) Subject to Subsections (4) through (7), the department shall issue a license to an
161     applicant who has been licensed in another state, district, or territory of the United States if:
162          (a) the department determines that the license issued by the other state, district, or
163     territory encompasses a similar scope of practice as the license sought in this state;
164          (b) the applicant has at least one year of experience practicing under the license issued
165     in the other state, district, or territory; and
166          (c) the applicant's license is in good standing in the other state, district, or territory.
167          (3) Subject to Subsections (4) through (7), the department may issue a license to an
168     applicant who:
169          (a) has been licensed in another state, district, or territory of the United States, or in a
170     jurisdiction outside of the United States, if:
171          (i) (A) the department determines that the applicant's education, experience, and skills
172     demonstrate competency in the profession for which licensure is sought in this state; and
173          (B) the applicant has at least one year of experience practicing under the license issued
174     in the other state, district, territory, or jurisdiction; or
175          (ii) the department determines that the licensure requirements of the other state,
176     district, territory, or jurisdiction at the time the license was issued were substantially similar to
177     the requirements for the license sought in this state; or
178          (b) has never been licensed in a state, district, or territory of the United States, or in a
179     jurisdiction outside of the United States, if:
180          (i) the applicant was educated in or obtained relevant experience in a state, district, or

181     territory of the United States, or a jurisdiction outside of the United States; and
182          (ii) the department determines that the education or experience was substantially
183     similar to the education or experience requirements for the license sought in this state.
184          (4) The department may refuse to issue a license to an applicant under this section if:
185          (a) the department determines that there is reasonable cause to believe that the
186     applicant is not qualified to receive the license in this state; or
187          (b) the applicant has a previous or pending disciplinary action related to the applicant's
188     other license.
189          (5) Before the department issues a license to an applicant under this section, the
190     applicant shall:
191          (a) pay a fee determined by the department under Section 63J-1-504; and
192          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
193     standing in the profession for which licensure is sought in this state.
194          (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
195     Administrative Rulemaking Act, prescribing the administration and requirements of this
196     section.
197          (7) This section is subject to and may be supplemented or altered by licensure
198     endorsement provisions or multistate licensure compacts in specific chapters of this title.
199          Section 4. Section 19-1-208 is enacted to read:
200          19-1-208. License by endorsement.
201          (1) As used in this section, "license" means an authorization that permits the holder to
202     engage in the practice of a profession regulated under this title.
203          (2) Subject to Subsections (4) through (7), the department shall issue a license to an
204     applicant who has been licensed in another state, district, or territory of the United States if:
205          (a) the department determines that the license issued by the other state, district, or
206     territory encompasses a similar scope of practice as the license sought in this state;
207          (b) the applicant has at least one year of experience practicing under the license issued
208     in the other state, district, or territory; and
209          (c) the applicant's license is in good standing in the other state, district, or territory.
210          (3) Subject to Subsections (4) through (7), the department may issue a license to an
211     applicant who:

212          (a) has been licensed in another state, district, or territory of the United States, or in a
213     jurisdiction outside of the United States, if:
214          (i) (A) the department determines that the applicant's education, experience, and skills
215     demonstrate competency in the profession for which licensure is sought in this state; and
216          (B) the applicant has at least one year of experience practicing under the license issued
217     in the other state, district, territory, or jurisdiction; or
218          (ii) the department determines that the licensure requirements of the other state,
219     district, territory, or jurisdiction at the time the license was issued were substantially similar to
220     the requirements for the license sought in this state; or
221          (b) has never been licensed in a state, district, or territory of the United States, or in a
222     jurisdiction outside of the United States, if:
223          (i) the applicant was educated in or obtained relevant experience in a state, district, or
224     territory of the United States, or a jurisdiction outside of the United States; and
225          (ii) the department determines that the education or experience was substantially
226     similar to the education or experience requirements for the license sought in this state.
227          (4) The department may refuse to issue a license to an applicant under this section if:
228          (a) the department determines that there is reasonable cause to believe that the
229     applicant is not qualified to receive the license in this state; or
230          (b) the applicant has a previous or pending disciplinary action related to the applicant's
231     other license.
232          (5) Before the department issues a license to an applicant under this section, the
233     applicant shall:
234          (a) pay a fee determined by the department under Section 63J-1-504; and
235          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
236     standing in the profession for which licensure is sought in this state.
237          (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
238     Administrative Rulemaking Act, prescribing the administration and requirements of this
239     section.
240          (7) This section is subject to and may be supplemented or altered by licensure
241     endorsement provisions or multistate licensure compacts in specific chapters of this title.
242          Section 5. Section 26B-3-102 is enacted to read:

243          26B-3-102. License by endorsement.
244          (1) As used in this section, "license" means an authorization that permits the holder to
245     engage in the practice of a profession regulated under this title.
246          (2) Subject to Subsections (4) through (7), the department shall issue a license to an
247     applicant who has been licensed in another state, district, or territory of the United States if:
248          (a) the department determines that the license issued by the other state, district, or
249     territory encompasses a similar scope of practice as the license sought in this state;
250          (b) the applicant has at least one year of experience practicing under the license issued
251     in the other state, district, or territory; and
252          (c) the applicant's license is in good standing in the other state, district, or territory.
253          (3) Subject to Subsections (4) through (7), the department may issue a license to an
254     applicant who:
255          (a) has been licensed in another state, district, or territory of the United States, or in a
256     jurisdiction outside of the United States, if:
257          (i) (A) the department determines that the applicant's education, experience, and skills
258     demonstrate competency in the profession for which licensure is sought in this state; and
259          (B) the applicant has at least one year of experience practicing under the license issued
260     in the other state, district, territory, or jurisdiction; or
261          (ii) the department determines that the licensure requirements of the other state,
262     district, territory, or jurisdiction at the time the license was issued were substantially similar to
263     the requirements for the license sought in this state; or
264          (b) has never been licensed in a state, district, or territory of the United States, or in a
265     jurisdiction outside of the United States, if:
266          (i) the applicant was educated in or obtained relevant experience in a state, district, or
267     territory of the United States, or a jurisdiction outside of the United States; and
268          (ii) the department determines that the education or experience was substantially
269     similar to the education or experience requirements for the license sought in this state.
270          (4) The department may refuse to issue a license to an applicant under this section if:
271          (a) the department determines that there is reasonable cause to believe that the
272     applicant is not qualified to receive the license in this state; or
273          (b) the applicant has a previous or pending disciplinary action related to the applicant's

274     other license.
275          (5) Before the department issues a license to an applicant under this section, the
276     applicant shall:
277          (a) pay a fee determined by the department under Section 63J-1-504; and
278          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
279     standing in the profession for which licensure is sought in this state.
280          (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
281     Administrative Rulemaking Act, prescribing the administration and requirements of this
282     section.
283          (7) This section is subject to and may be supplemented or altered by licensure
284     endorsement provisions or multistate licensure compacts in specific chapters of this title.
285          Section 6. Section 35A-13-606.5 is enacted to read:
286          35A-13-606.5. Certificate by endorsement.
287          (1) As used in this section, "license" means an authorization that permits the holder to
288     engage in the practice of a profession described in Section 35A-13-605.
289          (2) Subject to Subsections (3) through (5), the director may issue a certificate described
290     in Section 35A-13-605 to an applicant who has been licensed in another state, district, or
291     territory of the United States, or in a jurisdiction outside of the United States, if:
292          (a) the director determines that the applicant's education, experience, and skills
293     demonstrate competency in the profession for which certification is sought; or
294          (b) the director determines that the licensure requirements of the other state, district,
295     territory, or jurisdiction at the time the license was issued were substantially similar to the
296     requirements for the certificate.
297          (3) The director may refuse to issue a certificate to an applicant under this section if:
298          (a) the director determines that there is reasonable cause to believe that the applicant is
299     not qualified to receive the certificate; or
300          (b) the applicant has a previous or pending disciplinary action related to the applicant's
301     other license.
302          (4) Before the director issues a certificate to an applicant under this section, the
303     applicant shall:
304          (a) pay a fee determined by the director under Section 35A-13-606; and

305          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
306     standing in the profession for which certification is sought.
307          (5) The director may make rules in accordance with Title 63G, Chapter 3, Utah
308     Administrative Rulemaking Act, prescribing the administration and requirements of this
309     section.
310          Section 7. Section 40-2-403 is enacted to read:
311          40-2-403. Certificate by endorsement.
312          (1) As used in this section, "license" means an authorization that permits the holder to
313     engage in the practice of an occupation described in Section 40-2-402.
314          (2) Subject to Subsections (4) through (6), the commission shall issue a certificate
315     described in Section 40-2-401 to an applicant who has been licensed in another state, district,
316     or territory of the United States if:
317          (a) the commission determines that the license issued by the other state, district, or
318     territory encompasses a similar scope of practice as the certificate;
319          (b) the applicant has at least one year of experience practicing under the license issued
320     in the other state, district, or territory; and
321          (c) the applicant's license is in good standing in the other state, district, or territory.
322          (3) Subject to Subsections (4) through (6), the commission may issue a certificate
323     described in Section 40-2-401 to an applicant who:
324          (a) has been licensed in another state, district, or territory of the United States, or in a
325     jurisdiction outside of the United States, if:
326          (i) (A) the commission determines that the applicant's education, experience, and skills
327     demonstrate competency in the occupation for which certification is sought; and
328          (B) the applicant has at least one year of experience practicing under the license issued
329     in the other state, district, territory, or jurisdiction; or
330          (ii) the commission determines that the licensure requirements of the other state,
331     district, territory, or jurisdiction at the time the license was issued were substantially similar to
332     the requirements for the certificate; or
333          (b) has never been licensed in a state, district, or territory of the United States, or in a
334     jurisdiction outside of the United States, if:
335          (i) the applicant was educated in or obtained relevant experience in a state, district, or

336     territory of the United States, or a jurisdiction outside of the United States; and
337          (ii) the commission determines that the education or experience was substantially
338     similar to the education or experience requirements for the certificate.
339          (4) The commission may refuse to issue a certificate to an applicant under this section
340     if:
341          (a) the commission determines that there is reasonable cause to believe that the
342     applicant is not qualified to receive the certificate; or
343          (b) the applicant has a previous or pending disciplinary action related to the applicant's
344     other license.
345          (5) Before the commission issues a certificate to an applicant under this section, the
346     applicant shall:
347          (a) pay a fee determined by the commission under Section 63J-1-504; and
348          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
349     standing in the occupation for which certification is sought.
350          (6) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
351     Administrative Rulemaking Act, prescribing the administration and requirements of this
352     section.
353          Section 8. Section 53E-6-205 is enacted to read:
354          53E-6-205. License by endorsement.
355          (1) Subject to Subsections (3) through (6), the state board shall issue a license to an
356     applicant who has been issued a certificate in another state, district, or territory of the United
357     States if:
358          (a) the state board determines that the certificate encompasses a similar scope of
359     practice as the license sought in this state;
360          (b) the applicant has at least one year of experience practicing under the certificate; and
361          (c) the applicant's certificate is in good standing in the other state, district, or territory.
362          (2) Subject to Subsections (3) through (6), the state board may issue a license to an
363     applicant who:
364          (a) has been issued a certificate in another state, district, or territory of the United
365     States, or in a jurisdiction outside of the United States, if:
366          (i) (A) the state board determines that the applicant's education, experience, and skills

367     demonstrate competency in the profession for which licensure is sought in this state; and
368          (B) the applicant has at least one year of experience practicing under the certificate; or
369          (ii) the state board determines that the certification requirements of the other state,
370     district, territory, or jurisdiction at the time the certificate was issued were substantially similar
371     to the requirements for the license sought in this state; or
372          (b) has never been issued a certificate in a state, district, or territory of the United
373     States, or in a jurisdiction outside of the United States, if:
374          (i) the applicant was educated in or obtained relevant experience in a state, district, or
375     territory of the United States, or a jurisdiction outside of the United States; and
376          (ii) the state board determines that the education or experience was substantially
377     similar to the education or experience requirements for the license sought in this state.
378          (3) The state board may refuse to issue a license to an applicant under this section if:
379          (a) the state board determines that there is reasonable cause to believe that the applicant
380     is not qualified to receive the license in this state; or
381          (b) the applicant has a previous or pending disciplinary action related to the applicant's
382     certificate.
383          (4) Before the state board issues a license to an applicant under this section, the
384     applicant shall:
385          (a) pay a fee determined by the state board under Section 63J-1-504; and
386          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
387     standing in the profession for which licensure is sought in this state.
388          (5) The state board may make rules in accordance with Title 63G, Chapter 3, Utah
389     Administrative Rulemaking Act, prescribing the administration and requirements of this
390     section.
391          (6) This section is subject to and may be supplemented or altered by licensure
392     endorsement provisions or multistate licensure compacts in specific chapters of this chapter.
393          Section 9. Section 58-1-301.5 is amended to read:
394          58-1-301.5. Division access to Bureau of Criminal Identification records.
395          (1) The division shall have direct access to local files maintained by the Bureau of
396     Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification,
397     for background screening of individuals who are applying for licensure, licensure renewal,

398     licensure reinstatement, or relicensure, as required in:
399          (a) Section 58-17b-307;
400          (b) Sections 58-24b-302 and 58-24b-302.1;
401          (c) Section 58-31b-302;
402          (d) Sections 58-42a-302 and 58-42a-302.1, of Chapter 42a, Occupational Therapy
403     Practice Act;
404          (e) Section 58-44a-302.1;
405          (f) Section 58-47b-302;
406          (g) Section 58-55-302, as Section 58-55-302 applies to alarm companies and alarm
407     company agents;
408          (h) Sections 58-60-103.1, 58-60-205, 58-60-305, and 58-60-405, of Chapter 60, Mental
409     Health Professional Practice Act;
410          (i) Sections 58-61-304 and 58-61-304.1;
411          (j) Section 58-63-302;
412          (k) Section 58-64-302;
413          (l) Sections 58-67-302 and 58-67-302.1; [and]
414          (m) Sections 58-68-302 and 58-68-302.1[.]; and
415          (n) Sections 58-70a-301.1 and 58-70a-302, of Chapter 70a, Utah Physician Assistant
416     Act.
417          (2) The division's access to criminal background information under this section:
418          (a) shall meet the requirements of Section 53-10-108; and
419          (b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
420     held in abeyance, dismissed charges, and charges without a known disposition.
421          (3) The division may not disseminate outside of the division any criminal history
422     record information that the division obtains from the Bureau of Criminal Identification or the
423     Federal Bureau of Investigation under the criminal background check requirements of this
424     section.
425          Section 10. Section 58-1-302 is amended to read:
426          58-1-302. License by endorsement.
427          (1) As used in this section, "license" means an authorization that permits the holder to
428     engage in the practice of a profession regulated under this title.

429          (2) Subject to Subsections [(3) through (6),] (4) through (7), the division shall issue a
430     license to [a person] an applicant who has been licensed in [a] another state, district, or territory
431     of the United States if:
432          (a) the division determines that the license issued in the other state, district, or territory
433     encompasses a similar scope of practice as the license sought in this state;
434          (b) [after being licensed outside of this state, the person] the applicant has at least one
435     year of experience practicing under the license issued in the other state, district, or territory [of
436     the United States] [where the license was issued]; and
437          [(b)] (c) the [person's] applicant's license is in good standing in the other state, district,
438     or territory [of the United States] where the license was issued[; and].
439          [(c) the division determines that the license issued by the state, district, or territory of
440     the United States encompasses a similar scope of practice as the license sought in this state.]
441          [(2)] (3) Subject to Subsections [(3) through (6),] (4) through (7), the division may
442     issue a license to [a person] an applicant who:
443          (a) has been licensed in [a] another state, district, or territory of the United States, or in
444     a jurisdiction outside of the United States, if:
445          (i) (A) the division determines that the applicant's education, experience, and skills
446     demonstrate competency in the profession for which the licensure is sought in this state; and
447          (B) [after being licensed, the person] the applicant has at least one year of experience
448     practicing under the license issued in the other state, district, territory, or jurisdiction [where
449     the license was issued]; [and] or
450          [(B) the division determines that the person's education, experience, and skills
451     demonstrate competency in the occupation or profession for which the person seeks licensure;
452     or]
453          (ii) the division determines that the licensure requirements of the other state, district,
454     territory, or jurisdiction at the time the license was issued were substantially similar to the
455     current [licensure] requirements [of] for the license sought in this state; or
456          (b) has never been licensed in a state, district, or territory of the United States, or in a
457     jurisdiction outside of the United States, if:
458          (i) the [person] applicant was educated in or obtained relevant experience in a state,
459     district, or territory of the United States, or a jurisdiction outside of the United States; and

460          (ii) the division determines that the education or experience was substantially similar to
461     the current education or experience requirements for [licensure] the license sought in this state.
462          [(3) The division, in consultation with the applicable licensing board, may make rules
463     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the
464     administration and requirements of this section.]
465          (4) The division may refuse to issue a license to [a person under the provisions of] an
466     applicant under this section if:
467          (a) the division determines that there is reasonable cause to believe that the [person]
468     applicant is not qualified to receive [a] the license in this state; or
469          (b) the [person] applicant has a previous or pending disciplinary action related to the
470     [person's] applicant's license.
471          (5) Before [a person may be issued] the division issues a license to an applicant under
472     this section, the [person] applicant shall:
473          (a) pay a fee determined by the department under Section 63J-1-504; and
474          (b) produce satisfactory evidence of the [person's] applicant's identity, qualifications,
475     and good standing in the [occupation or] profession for which licensure is sought in this state.
476          (6) The division, in consultation with the applicable licensing board, may make rules in
477     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the
478     administration and requirements of this section.
479          [(6)] (7) In accordance with Section 58-1-107, licensure endorsement provisions in this
480     section are subject to and may be supplemented or altered by licensure endorsement provisions
481     or multistate licensure compacts in specific chapters of this title.
482          [(7) On or before October 1, 2022, the division shall provide a written report to the
483     Business and Labor Interim Committee regarding the effectiveness and sufficiency of the
484     provisions of this section at ensuring that persons receiving a license without examination
485     under the provisions of this section are qualified to receive a license in this state.]
486          Section 11. Section 58-70a-301.1 is enacted to read:
487          58-70a-301.1. Criminal background check.
488          (1) An applicant for licensure under this chapter who requires a criminal background
489     check shall:
490          (a) submit fingerprint cards in a form acceptable to the division at the time the license

491     application is filed; and
492          (b) consent to a fingerprint background check conducted by the Bureau of Criminal
493     Identification and the Federal Bureau of Investigation regarding the application.
494          (2) The division shall:
495          (a) in addition to other fees authorized by this chapter, collect from each applicant
496     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
497     Identification is authorized to collect for the services provided under Section 53-10-108 and the
498     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
499     obtaining federal criminal history record information;
500          (b) submit from each applicant the fingerprint card and the fees described in
501     Subsection (2)(a) to the Bureau of Criminal Identification; and
502          (c) obtain and retain in division records a signed waiver approved by the Bureau of
503     Criminal Identification in accordance with Section 53-10-108 for each applicant.
504          (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
505     Section 53-10-108:
506          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
507     and regional criminal records databases;
508          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
509     criminal history background check; and
510          (c) provide the results from the state, regional, and nationwide criminal history
511     background checks to the division.
512          (4) For purposes of conducting a criminal background check required under this
513     section, the division shall have direct access to criminal background information maintained
514     under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
515          (5) The division may not:
516          (a) disseminate outside of the division any criminal history record information that the
517     division obtains from the Bureau of Criminal Identification or the Federal Bureau of
518     Investigation under the criminal background check requirements of this section; or
519          (b) issue a letter of qualification to participate in the PA Licensure Compact under
520     Chapter 70c, PA Licensure Compact, until the criminal background check described in this
521     section is completed.

522          Section 12. Section 58-70a-302 is amended to read:
523          58-70a-302. Qualifications for licensure.
524          Each applicant for licensure as a physician assistant shall:
525          (1) submit an application in a form prescribed by the division;
526          (2) pay a fee determined by the department under Section 63J-1-504;
527          (3) have successfully completed a physician assistant program accredited by:
528          (a) the Accreditation Review Commission on Education for the Physician Assistant; or
529          (b) if prior to January 1, 2001, either the:
530          (i) Committee on Accreditation of Allied Health Education Programs; or
531          (ii) Committee on Allied Health Education and Accreditation;
532          (4) have passed the licensing examinations required by division rule made in
533     collaboration with the board; [and]
534          (5) meet with the board and representatives of the division, if requested, for the
535     purpose of evaluating the applicant's qualifications for licensure[.]; and
536          (6) if the applicant is applying to participate in the PA Licensure Compact under
537     Chapter 70c, PA Licensure Compact, consent to a criminal background check in accordance
538     with Section 58-70a-301.1 and any requirements established by division rule made in
539     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
540          Section 13. Section 58-70c-101 is enacted to read:
541     
CHAPTER 70c. PA LICENSURE COMPACT

542     
Part 1. Compact Text

543          58-70c-101. Section 1 -- Purpose.
544          In order to strengthen access to Medical Services, and in recognition of the advances in
545     the delivery of Medical Services, the Participating States of the PA Licensure Compact have
546     allied in common purpose to develop a comprehensive process that complements the existing
547     authority of State Licensing Boards to license and discipline PAs and seeks to enhance the
548     portability of a License to practice as a PA while safeguarding the safety of patients. This
549     Compact allows Medical Services to be provided by PAs, via the mutual recognition of the
550     Licensees Qualifying License by other Compact Participating States. This Compact also adopts
551     the prevailing standard for PA licensure and affirms that the practice and delivery of Medical
552     Services by the PA occurs where the patient is located at the time of the patient encounter, and

553     therefore requires the PA to be under the jurisdiction of the State Licensing Board where the
554     patient is located. State Licensing Boards that participate in this Compact retain the jurisdiction
555     to impose Adverse Action against a Compact Privilege in that State issued to a PA through the
556     procedures of this Compact. The PA Licensure Compact will alleviate burdens for military
557     families by allowing active duty military personnel and their spouses to obtain a Compact
558     Privilege based on having an unrestricted License in good standing from a Participating State.
559          Section 14. Section 58-70c-102 is enacted to read:
560          58-70c-102. Section 1 -- Definitions.
561          In this Compact:
562          A. "Adverse Action" means any administrative, civil, equitable, or criminal action
563     permitted by a State's laws which is imposed by a Licensing Board or other authority against a
564     PA License or License application or Compact Privilege such as License denial, censure,
565     revocation, suspension, probation, monitoring of the Licensee, or restriction on the Licensee's
566     practice.
567          B. "Compact Privilege" means the authorization granted by a Remote State to allow a
568     Licensee from another Participating State to practice as a PA to provide Medical Services and
569     other licensed activity to a patient located in the Remote State under the Remote State's laws
570     and regulations.
571          C. "Conviction" means a finding by a court that an individual is guilty of a felony or
572     misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge
573     by the offender.
574          D. "Criminal Background Check" means the submission of fingerprints or other
575     biometric-based information for a License applicant for the purpose of obtaining that
576     applicant's criminal history record information, as defined in 28 C.F.R. § 20.3(d), from the
577     State's criminal history record repository as defined in 28 C.F.R. § 20.3(f).
578          E. "Data System" means the repository of information about Licensees, including but
579     not limited to License status and Adverse Actions, which is created and administered under the
580     terms of this Compact.
581          F. "Executive Committee" means a group of directors and ex-officio individuals elected
582     or appointed pursuant to Section 7.F.2.
583          G. "Impaired Practitioner" means a PA whose practice is adversely affected by

584     health-related condition(s) that impact their ability to practice.
585          H. "Investigative Information" means information, records, or documents received or
586     generated by a Licensing Board pursuant to an investigation.
587          I. "Jurisprudence Requirement" means the assessment of an individual's knowledge of
588     the laws and Rules governing the practice of a PA in a State.
589          J. "License" means current authorization by a State, other than authorization pursuant to
590     a Compact Privilege, for a PA to provide Medical Services, which would be unlawful without
591     current authorization.
592          K. "Licensee" means an individual who holds a License from a State to provide
593     Medical Services as a PA.
594          L. "Licensing Board" means any State entity authorized to license and otherwise
595     regulate PAs.
596          M. "Medical Services" means health care services provided for the diagnosis,
597     prevention, treatment, cure or relief of a health condition, injury, or disease, as defined by a
598     State's laws and regulations.
599          N. "Model Compact" means the model for the PA Licensure Compact on file with The
600     Council of State Governments or other entity as designated by the Commission.
601          O. "Participating State" means a State that has enacted this Compact.
602          P. "PA" means an individual who is licensed as a physician assistant in a State. For
603     purposes of this Compact, any other title or status adopted by a State to replace the term
604     "physician assistant" shall be deemed synonymous with "physician assistant" and shall confer
605     the same rights and responsibilities to the Licensee under the provisions of this Compact at the
606     time of its enactment.
607          Q. "PA Licensure Compact Commission," "Compact Commission," or "Commission"
608     mean the national administrative body created pursuant to Section 7.A of this Compact.
609          R. "Qualifying License" means an unrestricted License issued by a Participating State to
610     provide Medical Services as a PA.
611          S. "Remote State" means a Participating State where a Licensee who is not licensed as a
612     PA is exercising or seeking to exercise the Compact Privilege.
613          T. "Rule" means a regulation promulgated by an entity that has the force and effect of
614     law.

615          U. "Significant Investigative Information" means Investigative Information that a
616     Licensing Board, after an inquiry or investigation that includes notification and an opportunity
617     for the PA to respond if required by State law, has reason to believe is not groundless and, if
618     proven true, would indicate more than a minor infraction.
619          V. "State" means any state, commonwealth, district, or territory of the United States.
620          Section 15. Section 58-70c-103 is enacted to read:
621          58-70c-103. Section 3 -- State Participation in this Compact.
622          A. To participate in this Compact, a Participating State shall:
623          1. License PAs.
624          2. Participate in the Compact Commission's Data System.
625          3. Have a mechanism in place for receiving and investigating complaints against
626     Licensees and License applicants.
627          4. Notify the Commission, in compliance with the terms of this Compact and
628     Commission Rules, of any Adverse Action against a Licensee or License applicant and the
629     existence of Significant Investigative Information regarding a Licensee or License applicant.
630          5. Fully implement a Criminal Background Check requirement, within a time frame
631     established by Commission Rule, by its Licensing Board receiving the results of a Criminal
632     Background Check and reporting to the Commission whether the License applicant has been
633     granted a License.
634          6. Comply with the Rules of the Compact Commission.
635          7. Utilize passage of a recognized national exam such as the NCCPA PANCE as a
636     requirement for PA licensure.
637          8. Grant the Compact Privilege to a holder of a Qualifying License in a Participating
638     State.
639          B. Nothing in this Compact prohibits a Participating State from charging a fee for
640     granting the Compact Privilege.
641          Section 16. Section 58-70c-104 is enacted to read:
642          58-70c-104. Section 4 -- Compact Privilege.
643          A. To exercise the Compact Privilege, a Licensee must:
644          1. Have graduated from a PA program accredited by the Accreditation Review
645     Commission on Education for the Physician Assistant, Inc. or other programs authorized by

646     Commission Rule.
647          2. Hold current NCCPA certification.
648          3. Have no felony or misdemeanor Conviction.
649          4. Have never had a controlled substance license, permit, or registration suspended or
650     revoked by a State or by the United States Drug Enforcement Administration.
651          5. Have a unique identifier as determined by Commission Rule.
652          6. Hold a Qualifying License.
653          7. Have had no revocation of a License or limitation or restriction on any License
654     currently held due to an adverse action.
655          8. If a Licensee has had a limitation or restriction on a License or Compact Privilege
656     due to an Adverse Action, two years must have elapsed from the date on which the License or
657     Compact Privilege is no longer limited or restricted due to the Adverse Action.
658          9. If a Compact Privilege has been revoked or is limited or restricted in a Participating
659     State for conduct that would not be a basis for disciplinary action in a Participating State in
660     which the Licensee is practicing or applying to practice under a Compact Privilege, that
661     Participating State shall have the discretion not to consider such action as an Adverse Action
662     requiring the denial or removal of a Compact Privilege in that State.
663          10. Notify the Compact Commission that the Licensee is seeking the Compact Privilege
664     in a Remote State.
665          11. Meet any Jurisprudence Requirement of a Remote State in which the Licensee is
666     seeking to practice under the Compact Privilege and pay any fees applicable to satisfying the
667     Jurisprudence Requirement.
668          12. Report to the Commission any Adverse Action taken by a non-participating State
669     within thirty (30) days after the action is taken.
670          B. The Compact Privilege is valid until the expiration or revocation of the Qualifying
671     License unless terminated pursuant to an Adverse Action. The Licensee must also comply with
672     all of the requirements of Subsection A above to maintain the Compact Privilege in a Remote
673     State. If the Participating State takes Adverse Action against a Qualifying License, the Licensee
674     shall lose the Compact Privilege in any Remote State in which the Licensee has a Compact
675     Privilege until all of the following occur:
676          1. The License is no longer limited or restricted; and

677          2. Two (2) years have elapsed from the date on which the License is no longer limited
678     or restricted due to the Adverse Action.
679          C. Once a restricted or limited License satisfies the requirements of Subsection B.1 and
680     2, the Licensee must meet the requirements of Subsection A to obtain a Compact Privilege in
681     any Remote State.
682          D. For each Remote State in which a PA seeks authority to prescribe controlled
683     substances, the PA shall satisfy all requirements imposed by such State in granting or renewing
684     such authority.
685          Section 17. Section 58-70c-105 is enacted to read:
686          58-70c-105. Section 5 -- Designation of the State from Which Licensee is Applying
687     for a Compact Privilege.
688          A. Upon a Licensee's application for a Compact Privilege, the Licensee shall identify to
689     the Commission the Participating State from which the Licensee is applying, in accordance
690     with applicable Rules adopted by the Commission, and subject to the following requirements:
691          1. When applying for a Compact Privilege, the Licensee shall provide the Commission
692     with the address of the Licensee's primary residence and thereafter shall immediately report to
693     the Commission any change in the address of the Licensee's primary residence.
694          2. When applying for a Compact Privilege, the Licensee is required to consent to accept
695     service of process by mail at the Licensee's primary residence on file with the Commission
696     with respect to any action brought against the Licensee by the Commission or a Participating
697     State, including a subpoena, with respect to any action brought or investigation conducted by
698     the Commission or a Participating State.
699          Section 18. Section 58-70c-106 is enacted to read:
700          58-70c-106. Section 6 -- Adverse Actions.
701          A. A Participating State in which a Licensee is licensed shall have exclusive power to
702     impose Adverse Action against the Qualifying License issued by that Participating State.
703          B. In addition to the other powers conferred by State law, a Remote State shall have the
704     authority, in accordance with existing State due process law, to do all of the following:
705          1. Take Adverse Action against a PA's Compact Privilege within that State to remove a
706     Licensee's Compact Privilege or take other action necessary under applicable law to protect the
707     health and safety of its citizens.

708          2. Issue subpoenas for both hearings and investigations that require the attendance and
709     testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing
710     Board in a Participating State for the attendance and testimony of witnesses or the production
711     of evidence from another Participating State shall be enforced in the latter State by any court of
712     competent jurisdiction, according to the practice and procedure of that court applicable to
713     subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness
714     fees, travel expenses, mileage and other fees required by the service statutes of the State in
715     which the witnesses or evidence are located.
716          3. Notwithstanding paragraph 1, subpoenas may not be issued by a Participating State
717     to gather evidence of conduct in another State that is lawful in that other State for the purpose
718     of taking Adverse Action against a Licensee's Compact Privilege or application for a Compact
719     Privilege in that Participating State.
720          4. Nothing in this Compact authorizes a Participating State to impose discipline against
721     a PA's Compact Privilege or to deny an application for a Compact Privilege in that
722     Participating State for the individual's otherwise lawful practice in another State.
723          C. For purposes of taking Adverse Action, the Participating State which issued the
724     Qualifying License shall give the same priority and effect to reported conduct received from
725     any other Participating State as it would if the conduct had occurred within the Participating
726     State which issued the Qualifying License. In so doing, that Participating State shall apply its
727     own State laws to determine appropriate action.
728          D. A Participating State, if otherwise permitted by State law, may recover from the
729     affected PA the costs of investigations and disposition of cases resulting from any Adverse
730     Action taken against that PA.
731          E. A Participating State may take Adverse Action based on the factual findings of a
732     Remote State, provided that the Participating State follows its own procedures for taking the
733     Adverse Action.
734          F. Joint Investigations.
735          1. In addition to the authority granted to a Participating State by its respective State PA
736     laws and regulations or other applicable State law, any Participating State may participate with
737     other Participating States in joint investigations of Licensees.
738          2. Participating States shall share any investigative, litigation, or compliance materials

739     in furtherance of any joint or individual investigation initiated under this Compact.
740          G. If an Adverse Action is taken against a PA's Qualifying License, the PA's Compact
741     Privilege in all Remote States shall be deactivated until two (2) years have elapsed after all
742     restrictions have been removed from the State License. All disciplinary orders by the
743     Participating State which issued the Qualifying License that impose Adverse Action against a
744     PA's License shall include a Statement that the PA's Compact Privilege is deactivated in all
745     Participating States during the pendency of the order.
746          H. If any Participating State takes Adverse Action, it promptly shall notify the
747     administrator of the Data System.
748          Section 19. Section 58-70c-107 is enacted to read:
749          58-70c-107. Section 7 -- Establishment of the PA Licensure Compact
750     Commission.
751          A. The Participating States hereby create and establish a joint government agency and
752     national administrative body known as the PA Licensure Compact Commission. The
753     Commission is an instrumentality of the Compact States acting jointly and not an
754     instrumentality of any one State. The Commission shall come into existence on or after the
755     effective date of the Compact as set forth in Section 11.A.
756          B. Membership, Voting, and Meetings
757          1. Each Participating State shall have and be limited to one (1) delegate selected by that
758     Participating State's Licensing Board or, if the State has more than one Licensing Board,
759     selected collectively by the Participating State's Licensing Boards.
760          2. The delegate shall be either:
761          a. A current PA, physician or public member of a Licensing Board or PA
762     Council/Committee; or
763          b. An administrator of a Licensing Board.
764          3. Any delegate may be removed or suspended from office as provided by the laws of
765     the State from which the delegate is appointed.
766          4. The Participating State Licensing Board shall fill any vacancy occurring in the
767     Commission within sixty (60) days.
768          5. Each delegate shall be entitled to one (1) vote on all matters voted on by the
769     Commission and shall otherwise have an opportunity to participate in the business and affairs

770     of the Commission. A delegate shall vote in person or by such other means as provided in the
771     bylaws. The bylaws may provide for delegates' participation in meetings by
772     telecommunications, video conference, or other means of communication.
773          6. The Commission shall meet at least once during each calendar year. Additional
774     meetings shall be held as set forth in this Compact and the bylaws.
775          7. The Commission shall establish by Rule a term of office for delegates.
776          C. The Commission shall have the following powers and duties:
777          1. Establish a code of ethics for the Commission;
778          2. Establish the fiscal year of the Commission;
779          3. Establish fees;
780          4. Establish bylaws;
781          5. Maintain its financial records in accordance with the bylaws;
782          6. Meet and take such actions as are consistent with the provisions of this Compact and
783     the bylaws;
784          7. Promulgate Rules to facilitate and coordinate implementation and administration of
785     this Compact. The Rules shall have the force and effect of law and shall be binding in all
786     Participating States;
787          8. Bring and prosecute legal proceedings or actions in the name of the Commission,
788     provided that the standing of any State Licensing Board to sue or be sued under applicable law
789     shall not be affected;
790          9. Purchase and maintain insurance and bonds;
791          10. Borrow, accept, or contract for services of personnel, including, but not limited to,
792     employees of a Participating State;
793          11. Hire employees and engage contractors, elect or appoint officers, fix compensation,
794     define duties, grant such individuals appropriate authority to carry out the purposes of this
795     Compact, and establish the Commission's personnel policies and programs relating to conflicts
796     of interest, qualifications of personnel, and other related personnel matters;
797          12. Accept any and all appropriate donations and grants of money, equipment, supplies,
798     materials and services, and receive, utilize and dispose of the same, provided that at all times
799     the Commission shall avoid any appearance of impropriety or conflict of interest;
800          13. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,

801     improve or use, any property, real, personal or mixed, provided that at all times the
802     Commission shall avoid any appearance of impropriety;
803          14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
804     any property real, personal, or mixed;
805          15. Establish a budget and make expenditures;
806          16. Borrow money;
807          17. Appoint committees, including standing committees composed of members, State
808     regulators, State legislators or their representatives, and consumer representatives, and such
809     other interested persons as may be designated in this Compact and the bylaws;
810          18. Provide and receive information from, and cooperate with, law enforcement
811     agencies;
812          19. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the
813     Commission as provided in the Commission's bylaws;
814          20. Reserve for itself, in addition to those reserved exclusively to the Commission
815     under the Compact, powers that the Executive Committee may not exercise;
816          21. Approve or disapprove a State's participation in the Compact based upon its
817     determination as to whether the State's Compact legislation departs in a material manner from
818     the Model Compact language;
819          22. Prepare and provide to the Participating States an annual report; and
820          23. Perform such other functions as may be necessary or appropriate to achieve the
821     purposes of this Compact consistent with the State regulation of PA licensure and practice.
822          D. Meetings of the Commission
823          1. All meetings of the Commission that are not closed pursuant to this subsection shall
824     be open to the public. Notice of public meetings shall be posted on the Commission's website
825     at least thirty (30) days prior to the public meeting.
826          2. Notwithstanding subsection D.1 of this section, the Commission may convene a
827     public meeting by providing at least twenty-four (24) hours prior notice on the Commission's
828     website, and any other means as provided in the Commission's Rules, for any of the reasons it
829     may dispense with notice of proposed rulemaking under Section 9.L.
830          3. The Commission may convene in a closed, non-public meeting or non-public part of
831     a public meeting to receive legal advice or to discuss.

832          a. Non-compliance of a Participating State with its obligations under this Compact;
833          b. The employment, compensation, discipline or other matters, practices or procedures
834     related to specific employees or other matters related to the Commission's internal personnel
835     practices and procedures;
836          c. Current, threatened, or reasonably anticipated litigation;
837          d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
838     estate;
839          e. Accusing any person of a crime or formally censuring any person;
840          f. Disclosure of trade secrets or commercial or financial information that is privileged
841     or confidential;
842          g. Disclosure of information of a personal nature where disclosure would constitute a
843     clearly unwarranted invasion of personal privacy;
844          h. Disclosure of investigative records compiled for law enforcement purposes;
845          i. Disclosure of information related to any investigative reports prepared by or on behalf
846     of or for use of the Commission or other committee charged with responsibility of investigation
847     or determination of compliance issues pursuant to this Compact;
848          j. Legal advice; or
849          k. Matters specifically exempted from disclosure by federal or Participating States'
850     statutes.
851          4. If a meeting, or portion of a meeting, is closed pursuant to this provision, the chair of
852     the meeting or the chair's designee shall certify that the meeting or portion of the meeting may
853     be closed and shall reference each relevant exempting provision.
854          5. The Commission shall keep minutes that fully and clearly describe all matters
855     discussed in a meeting and shall provide a full and accurate summary of actions taken,
856     including a description of the views expressed. All documents considered in connection with
857     an action shall be identified in such minutes. All minutes and documents of a closed meeting
858     shall remain under seal, subject to release by a majority vote of the Commission or order of a
859     court of competent jurisdiction.
860          E. Financing of the Commission
861          1. The Commission shall pay, or provide for the payment of, the reasonable expenses of
862     its establishment, organization, and ongoing activities.

863          2. The Commission may accept any and all appropriate revenue sources, donations, and
864     grants of money, equipment, supplies, materials, and services.
865          3. The Commission may levy on and collect an annual assessment from each
866     Participating State and may impose Compact Privilege fees on Licensees of Participating States
867     to whom a Compact Privilege is granted to cover the cost of the operations and activities of the
868     Commission and its staff, which must be in a total amount sufficient to cover its annual budget
869     as approved by the Commission each year for which revenue is not provided by other sources.
870     The aggregate annual assessment amount levied on Participating States shall be allocated based
871     upon a formula to be determined by Commission Rule.
872          a. A Compact Privilege expires when the Licensee's Qualifying License in the
873     Participating State from which the Licensee applied for the Compact Privilege expires.
874          b. If the Licensee terminates the Qualifying License through which the Licensee applied
875     for the Compact Privilege before its scheduled expiration, and the Licensee has a Qualifying
876     License in another Participating State, the Licensee shall inform the Commission that it is
877     changing to that Participating State the Participating State through which it applies for a
878     Compact Privilege and pay to the Commission any Compact Privilege fee required by
879     Commission Rule.
880          4. The Commission shall not incur obligations of any kind prior to securing the funds
881     adequate to meet the same; nor shall the Commission pledge the credit of any of the
882     Participating States, except by and with the authority of the Participating State.
883          5. The Commission shall keep accurate accounts of all receipts and disbursements. The
884     receipts and disbursements of the Commission shall be subject to the financial review and
885     accounting procedures established under its bylaws. All receipts and disbursements of funds
886     handled by the Commission shall be subject to an annual financial review by a certified or
887     licensed public accountant, and the report of the financial review shall be included in and
888     become part of the annual report of the Commission.
889          F. The Executive Committee
890          1. The Executive Committee shall have the power to act on behalf of the Commission
891     according to the terms of this Compact and Commission Rules.
892          2. The Executive Committee shall be composed of nine (9) members:
893          a. Seven voting members who are elected by the Commission from the current

894     membership of the Commission;
895          b. One ex-officio, nonvoting member from a recognized national PA professional
896     association; and
897          c. One ex-officio, nonvoting member from a recognized national PA certification
898     organization.
899          3. The ex-officio members will be selected by their respective organizations.
900          4. The Commission may remove any member of the Executive Committee as provided
901     in its bylaws.
902          5. The Executive Committee shall meet at least annually.
903          6. The Executive Committee shall have the following duties and responsibilities:
904          a. Recommend to the Commission changes to the Commission's Rules or bylaws,
905     changes to this Compact legislation, fees to be paid by Compact Participating States such as
906     annual dues, and any Commission Compact fee charged to Licensees for the Compact
907     Privilege;
908          b. Ensure Compact administration services are appropriately provided, contractual or
909     otherwise;
910          c. Prepare and recommend the budget;
911          d. Maintain financial records on behalf of the Commission;
912          e. Monitor Compact compliance of Participating States and provide compliance reports
913     to the Commission;
914          f. Establish additional committees as necessary;
915          g. Exercise the powers and duties of the Commission during the interim between
916     Commission meetings, except for issuing proposed rulemaking or adopting Commission Rules
917     or bylaws, or exercising any other powers and duties exclusively reserved to the Commission
918     by the Commission's Rules; and
919          h. Perform other duties as provided in the Commission's Rules or bylaws.
920          7. All meetings of the Executive Committee at which it votes or plans to vote on
921     matters in exercising the powers and duties of the Commission shall be open to the public and
922     public notice of such meetings shall be given as public meetings of the Commission are given.
923          8. The Executive Committee may convene in a closed, non-public meeting for the same
924     reasons that the Commission may convene in a non-public meeting as set forth in Section 7.D.3

925     and shall announce the closed meeting as the Commission is required to under Section 7.D.4
926     and keep minutes of the closed meeting as the Commission is required to under Section 7.D.5.
927          G. Qualified Immunity, Defense, and Indemnification
928          1. The members, officers, executive director, employees and representatives of the
929     Commission shall be immune from suit and liability, both personally and in their official
930     capacity, for any claim for damage to or loss of property or personal injury or other civil
931     liability caused by or arising out of any actual or alleged act, error, or omission that occurred,
932     or that the person against whom the claim is made had a reasonable basis for believing
933     occurred within the scope of Commission employment, duties or responsibilities; provided that
934     nothing in this paragraph shall be construed to protect any such person from suit or liability for
935     any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct
936     of that person. The procurement of insurance of any type by the Commission shall not in any
937     way compromise or limit the immunity granted hereunder.
938          2. The Commission shall defend any member, officer, executive director, employee,
939     and representative of the Commission in any civil action seeking to impose liability arising out
940     of any actual or alleged act, error, or omission that occurred within the scope of Commission
941     employment, duties, or responsibilities, or as determined by the commission that the person
942     against whom the claim is made had a reasonable basis for believing occurred within the scope
943     of Commission employment, duties, or responsibilities, provided that nothing herein shall be
944     construed to prohibit that person from retaining their own counsel at their own expense, and
945     provided further, that the actual or alleged act, error, or omission did not result from that
946     person's intentional or willful or wanton misconduct.
947          3. The Commission shall indemnify and hold harmless any member, officer, executive
948     director, employee, and representative of the Commission for the amount of any settlement or
949     judgment obtained against that person arising out of any actual or alleged act, error, or
950     omission that occurred within the scope of Commission employment, duties, or
951     responsibilities, or that such person had a reasonable basis for believing occurred within the
952     scope of Commission employment, duties, or responsibilities, provided that the actual or
953     alleged act, error, or omission did not result from the intentional or willful or wanton
954     misconduct of that person.
955          4. Venue is proper and judicial proceedings by or against the Commission shall be

956     brought solely and exclusively in a court of competent jurisdiction where the principal office of
957     the Commission is located. The Commission may waive venue and jurisdictional defenses in
958     any proceedings as authorized by Commission Rules.
959          5. Nothing herein shall be construed as a limitation on the liability of any Licensee for
960     professional malpractice or misconduct, which shall be governed solely by any other applicable
961     State laws.
962          6. Nothing herein shall be construed to designate the venue or jurisdiction to bring
963     actions for alleged acts of malpractice, professional misconduct, negligence, or other such civil
964     action pertaining to the practice of a PA. All such matters shall be determined exclusively by
965     State law other than this Compact.
966          7. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a
967     Participating State's state action immunity or state action affirmative defense with respect to
968     antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or
969     anticompetitive law or regulation.
970          8. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by
971     the Participating States or by the Commission.
972          Section 20. Section 58-70c-108 is enacted to read:
973          58-70c-108. Section 8 -- Data System.
974          A. The Commission shall provide for the development, maintenance, operation, and
975     utilization of a coordinated data and reporting system containing licensure, Adverse Action,
976     and the reporting of the existence of Significant Investigative Information on all licensed PAs
977     and applicants denied a License in Participating States.
978          B. Notwithstanding any other State law to the contrary, a Participating State shall
979     submit a uniform data set to the Data System on all PAs to whom this Compact is applicable
980     (utilizing a unique identifier) as required by the Rules of the Commission, including:
981          1. Identifying information;
982          2. Licensure data;
983          3. Adverse Actions against a License or Compact Privilege;
984          4. Any denial of application for licensure, and the reason(s) for such denial (excluding
985     the reporting of any Criminal history record information where prohibited by law);
986          5. The existence of Significant Investigative Information; and

987          6. Other information that may facilitate the administration of this Compact, as
988     determined by the Rules of the Commission.
989          C. Significant Investigative Information pertaining to a Licensee in any Participating
990     State shall only be available to other Participating States.
991          D. The Commission shall promptly notify all Participating States of any Adverse
992     Action taken against a Licensee or an individual applying for a License that has been reported
993     to it. This Adverse Action information shall be available to any other Participating State.
994          E. Participating States contributing information to the Data System may, in accordance
995     with State or federal law, designate information that may not be shared with the public without
996     the express permission of the contributing State. Notwithstanding any such designation, such
997     information shall be reported to the Commission through the Data System.
998          F. Any information submitted to the Data System that is subsequently expunged
999     pursuant to federal law or the laws of the Participating State contributing the information shall
1000     be removed from the Data System upon reporting of such by the Participating State to the
1001     Commission.
1002          G. The records and information provided to a Participating State pursuant to this
1003     Compact or through the Data System, when certified by the Commission or an agent thereof,
1004     shall constitute the authenticated business records of the Commission, and shall be entitled to
1005     any associated hearsay exception in any relevant judicial, quasi-judicial or administrative
1006     proceedings in a Participating State.
1007          Section 21. Section 58-70c-109 is enacted to read:
1008          58-70c-109. Section 9 -- Rulemaking.
1009          A. The Commission shall exercise its Rulemaking powers pursuant to the criteria set
1010     forth in this Section and the Rules adopted thereunder. Commission Rules shall become
1011     binding as of the date specified by the Commission for each Rule.
1012          B. The Commission shall promulgate reasonable Rules in order to effectively and
1013     efficiently implement and administer this Compact and achieve its purposes. A Commission
1014     Rule shall be invalid and have not force or effect only if a court of competent jurisdiction holds
1015     that the Rule is invalid because the Commission exercised its rulemaking authority in a manner
1016     that is beyond the scope of the purposes of this Compact, or the powers granted hereunder, or
1017     based upon another applicable standard of review.

1018          C. The Rules of the Commission shall have the force of law in each Participating State,
1019     provided however that where the Rules of the Commission conflict with the laws of the
1020     Participating State that establish the medical services a PA may perform in the Participating
1021     State, as held by a court of competent jurisdiction, the Rules of the Commission shall be
1022     ineffective in that State to the extent of the conflict.
1023          D. If a majority of the legislatures of the Participating States rejects a Commission
1024     Rule, by enactment of a statute or resolution in the same manner used to adopt this Compact
1025     within four (4) years of the date of adoption of the Rule, then such Rule shall have no further
1026     force and effect in any Participating State or to any State applying to participate in the
1027     Compact.
1028          E. Commission Rules shall be adopted at a regular or special meeting of the
1029     Commission.
1030          F. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and
1031     at least thirty (30) days in advance of the meeting at which the Rule will be considered and
1032     voted upon, the Commission shall file a Notice of Proposed Rulemaking:
1033          1. On the website of the Commission or other publicly accessible platform; and
1034          2. To persons who have requested notice of the Commission's notices of proposed
1035     rulemaking, and
1036          3. In such other way(s) as the Commission may by Rule specify.
1037          G. The Notice of Proposed Rulemaking shall include:
1038          1. The time, date, and location of the public hearing on the proposed Rule and the
1039     proposed time, date and location of the meeting in which the proposed Rule will be considered
1040     and voted upon;
1041          2. The text of the proposed Rule and the reason for the proposed Rule;
1042          3. A request for comments on the proposed Rule from any interested person and the
1043     date by which written comments must be received; and
1044          4. The manner in which interested persons may submit notice to the Commission of
1045     their intention to attend the public hearing or provide any written comments.
1046          H. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit
1047     written data, facts, opinions, and arguments, which shall be made available to the public.
1048          I. If the hearing is to be held via electronic means, the Commission shall publish the

1049     mechanism for access to the electronic hearing.
1050          1. All persons wishing to be heard at the hearing shall as directed in the Notice of
1051     Proposed Rulemaking, not less than five (5) business days before the scheduled date of the
1052     hearing, notify the Commission of their desire to appear and testify at the hearing.
1053          2. Hearings shall be conducted in a manner providing each person who wishes to
1054     comment a fair and reasonable opportunity to comment orally or in writing.
1055          3. All hearings shall be recorded. A copy of the recording and the written comments,
1056     data, facts, opinions, and arguments received in response to the proposed rulemaking shall be
1057     made available to a person upon request.
1058          4. Nothing in this section shall be construed as requiring a separate hearing on each
1059     proposed Rule. Proposed Rules may be grouped for the convenience of the Commission at
1060     hearings required by this section.
1061          J. Following the public hearing the Commission shall consider all written and oral
1062     comments timely received.
1063          K. The Commission shall, by majority vote of all delegates, take final action on the
1064     proposed Rule and shall determine the effective date of the Rule, if adopted, based on the
1065     Rulemaking record and the full text of the Rule.
1066          1. If adopted, the Rule shall be posted on the Commission's website.
1067          2. The Commission may adopt changes to the proposed Rule provided the changes do
1068     not enlarge the original purpose of the proposed Rule.
1069          3. The Commission shall provide on its website an explanation of the reasons for
1070     substantive changes made to the proposed Rule as well as reasons for substantive changes not
1071     made that were recommended by commenters.
1072          4. The Commission shall determine a reasonable effective date for the Rule. Except for
1073     an emergency as provided in subsection L, the effective date of the Rule shall be no sooner
1074     than thirty (30) days after the Commission issued the notice that adopted the Rule.
1075          L. Upon determination that an emergency exists, the Commission may consider and
1076     adopt an emergency Rule with twenty-four (24) hours prior notice, without the opportunity for
1077     comment, or hearing, provided that the usual rulemaking procedures provided in this Compact
1078     and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in
1079     no event later than ninety (90) days after the effective date of the Rule. For the purposes of this

1080     provision, an emergency Rule is one that must be adopted immediately by the Commission in
1081     order to:
1082          1. Meet an imminent threat to public health, safety, or welfare;
1083          2. Prevent a loss of Commission or Participating State funds;
1084          3. Meet a deadline for the promulgation of a Commission Rule that is established by
1085     federal law or Rule; or
1086          4. Protect public health and safety.
1087          M. The Commission or an authorized committee of the Commission may direct
1088     revisions to a previously adopted Commission Rule for purposes of correcting typographical
1089     errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
1090     revisions shall be posted on the website of the Commission. The revision shall be subject to
1091     challenge by any person for a period of thirty (30) days after posting. The revision may be
1092     challenged only on grounds that the revision results in a material change to a Rule. A challenge
1093     shall be made as set forth in the notice of revisions and delivered to the Commission prior to
1094     the end of the notice period. If no challenge is made, the revision will take effect without
1095     further action. If the revision is challenged, the revision may not take effect without the
1096     approval of the Commission.
1097          N. No Participating State's rulemaking requirements shall apply under this Compact.
1098          Section 22. Section 58-70c-110 is enacted to read:
1099          58-70c-110. Section 10 -- Oversight, Dispute Resolution, and Enforcement.
1100          A. Oversight
1101          1. The executive and judicial branches of State government in each Participating State
1102     shall enforce this Compact and take all actions necessary and appropriate to implement the
1103     Compact.
1104          2. Venue is proper and judicial proceedings by or against the Commission shall be
1105     brought solely and exclusively in a court of competent jurisdiction where the principal office of
1106     the Commission is located. The Commission may waive venue and jurisdictional defenses to
1107     the extent it adopts or consents to participate in alternative dispute resolution proceedings.
1108     Nothing herein shall affect or limit the selection or propriety of venue in any action against a
1109     licensee for professional malpractice, misconduct or any such similar matter.
1110          3. The Commission shall be entitled to receive service of process in any proceeding

1111     regarding the enforcement or interpretation of the Compact or the Commission's Rules and
1112     shall have standing to intervene in such a proceeding for all purposes. Failure to provide the
1113     Commission with service of process shall render a judgment or order in such proceeding void
1114     as to the Commission, this Compact, or Commission Rules.
1115          B. Default, Technical Assistance, and Termination
1116          1. If the Commission determines that a Participating State has defaulted in the
1117     performance of its obligations or responsibilities under this Compact or the Commission Rules,
1118     the Commission shall provide written notice to the defaulting State and other Participating
1119     States. The notice shall describe the default, the proposed means of curing the default and any
1120     other action that the Commission may take and shall offer remedial training and specific
1121     technical assistance regarding the default.
1122          2. If a State in default fails to cure the default, the defaulting State may be terminated
1123     from this Compact upon an affirmative vote of a majority of the delegates of the Participating
1124     States, and all rights, privileges and benefits conferred by this Compact upon such State may be
1125     terminated on the effective date of termination. A cure of the default does not relieve the
1126     offending State of obligations or liabilities incurred during the period of default.
1127          3. Termination of participation in this Compact shall be imposed only after all other
1128     means of securing compliance have been exhausted. Notice of intent to suspend or terminate
1129     shall be given by the Commission to the governor, the majority and minority leaders of the
1130     defaulting State's legislature, and to the Licensing Board(s) of each of the Participating States.
1131          4. A State that has been terminated is responsible for all assessments, obligations, and
1132     liabilities incurred through the effective date of termination, including obligations that extend
1133     beyond the effective date of termination.
1134          5. The Commission shall not bear any costs related to a State that is found to be in
1135     default or that has been terminated from this Compact, unless agreed upon in writing between
1136     the Commission and the defaulting State.
1137          6. The defaulting State may appeal its termination from the Compact by the
1138     Commission by petitioning the U.S. District Court for the District of Columbia or the federal
1139     district where the Commission has its principal offices. The prevailing member shall be
1140     awarded all costs of such litigation, including reasonable attorney's fees.
1141          7. Upon the termination of a State's participation in the Compact, the State shall

1142     immediately provide notice to all Licensees within that State of such termination:
1143          a. Licensees who have been granted a Compact Privilege in that State shall retain the
1144     Compact Privilege for one hundred eighty (180) days following the effective date of such
1145     termination.
1146          b. Licensees who are licensed in that State who have been granted a Compact Privilege
1147     in a Participating State shall retain the Compact Privilege for one hundred eighty (180) days
1148     unless the Licensee also has a Qualifying License in a Participating State or obtains a
1149     Qualifying License in a Participating State before the one hundred eighty (180)-day period
1150     ends, in which case the Compact Privilege shall continue.
1151          C. Dispute Resolution
1152          1. Upon request by a Participating State, the Commission shall attempt to resolve
1153     disputes related to this Compact that arise among Participating States and between participating
1154     and non-Participating States.
1155          2. The Commission shall promulgate a Rule providing for both mediation and binding
1156     dispute resolution for disputes as appropriate.
1157          D. Enforcement.
1158          1. The Commission, in the reasonable exercise of its discretion, shall enforce the
1159     provisions of this Compact and Rules of the Commission.
1160          2. If compliance is not secured after all means to secure compliance have been
1161     exhausted, by majority vote, the Commission may initiate legal action in the United States
1162     District Court for the District of Columbia or the federal district where the Commission has its
1163     principal offices, against a Participating State in default to enforce compliance with the
1164     provisions of this Compact and the Commission's promulgated Rules and bylaws. The relief
1165     sought may include both injunctive relief and damages. In the event judicial enforcement is
1166     necessary, the prevailing party shall be awarded all costs of such litigation, including
1167     reasonable attorney's fees.
1168          3. The remedies herein shall not be the exclusive remedies of the Commission. The
1169     Commission may pursue any other remedies available under federal or State law.
1170          E. Legal Action Against the Commission
1171          1. A Participating State may initiate legal action against the Commission in the U.S.
1172     District Court for the District of Columbia or the federal district where the Commission has its

1173     principal offices to enforce compliance with the provisions of the Compact and its Rules. The
1174     relief sought may include both injunctive relief and damages. In the event judicial enforcement
1175     is necessary, the prevailing party shall be awarded all costs of such litigation, including
1176     reasonable attorney's fees.
1177          2. No person other than a Participating State shall enforce this Compact against the
1178     Commission.
1179          Section 23. Section 58-70c-111 is enacted to read:
1180          58-70c-111. Section 11 -- Date of Implementation of the PA Licensure Compact
1181     Commission.
1182          A. This Compact shall come into effect on the date on which this Compact statute is
1183     enacted into law in the seventh Participating State.
1184          1. On or after the effective date of the Compact, the Commission shall convene and
1185     review the enactment of each of the States that enacted the Compact prior to the Commission
1186     convening ("Charter Participating States") to determine if the statute enacted by each such
1187     Charter Participating State is materially different than the Model Compact.
1188          a. A Charter Participating State whose enactment is found to be materially different
1189     from the Model Compact shall be entitled to the default process set forth in Section 10.B.
1190          b. If any Participating State later withdraws from the Compact or its participation is
1191     terminated, the Commission shall remain in existence and the Compact shall remain in effect
1192     even if the number of Participating States should be less than seven. Participating States
1193     enacting the Compact subsequent to the Commission convening shall be subject to the process
1194     set forth in Section 7.C.21 to determine if their enactments are materially different from the
1195     Model Compact and whether they qualify for participation in the Compact.
1196          2. Participating States enacting the Compact subsequent to the seven initial Charter
1197     Participating States shall be subject to the process set forth in Section 7.C.21 to determine if
1198     their enactments are materially different from the Model Compact and whether they qualify for
1199     participation in the Compact.
1200          3. All actions taken for the benefit of the Commission or in furtherance of the purposes
1201     of the administration of the Compact prior to the effective date of the Compact or the
1202     Commission coming into existence shall be considered to be actions of the Commission unless
1203     specifically repudiated by the Commission.

1204          B. Any State that joins this Compact shall be subject to the Commission's Rules and
1205     bylaws as they exist on the date on which this Compact becomes law in that State. Any Rule
1206     that has been previously adopted by the Commission shall have the full force and effect of law
1207     on the day this Compact becomes law in that State.
1208          C. Any Participating State may withdraw from this Compact by enacting a statute
1209     repealing the same.
1210          1. A Participating State's withdrawal shall not take effect until one hundred eighty (180)
1211     days after enactment of the repealing statute. During this one hundred eighty (180) day-period,
1212     all Compact Privileges that were in effect in the withdrawing State and were granted to
1213     Licensees licensed in the withdrawing State shall remain in effect. If any Licensee licensed in
1214     the withdrawing State is also licensed in another Participating State or obtains a license in
1215     another Participating State within the one hundred eighty (180) days, the Licensee's Compact
1216     Privileges in other Participating States shall not be affected by the passage of the one hundred
1217     eighty (180) days.
1218          2. Withdrawal shall not affect the continuing requirement of the State Licensing
1219     Board(s) of the withdrawing State to comply with the investigative, and Adverse Action
1220     reporting requirements of this Compact prior to the effective date of withdrawal.
1221          3. Upon the enactment of a statute withdrawing a State from this Compact, the State
1222     shall immediately provide notice of such withdrawal to all Licensees within that State. Such
1223     withdrawing State shall continue to recognize all licenses granted pursuant to this Compact for
1224     a minimum of one hundred eighty (180) days after the date of such notice of withdrawal.
1225          D. Nothing contained in this Compact shall be construed to invalidate or prevent any
1226     PA licensure agreement or other cooperative arrangement between Participating States and
1227     between a Participating State and non-Participating State that does not conflict with the
1228     provisions of this Compact.
1229          E. This Compact may be amended by the Participating States. No amendment to this
1230     Compact shall become effective and binding upon any Participating State until it is enacted
1231     materially in the same manner into the laws of all Participating States as determined by the
1232     Commission.
1233          Section 24. Section 58-70c-112 is enacted to read:
1234          58-70c-112. Section 12 -- Construction and Severability.

1235          A. This Compact and the Commission's rulemaking authority shall be liberally
1236     construed so as to effectuate the purposes, and the implementation and administration of the
1237     Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of
1238     Rules shall not be construed to limit the Commission's rulemaking authority solely for those
1239     purposes.
1240          B. The provisions of this Compact shall be severable and if any phrase, clause, sentence
1241     or provision of this Compact is held by a court of competent jurisdiction to be contrary to the
1242     constitution of any Participating State, a State seeking participation in the Compact, or of the
1243     United States, or the applicability thereof to any government, agency, person or circumstance is
1244     held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of
1245     this Compact and the applicability thereof to any other government, agency, person or
1246     circumstance shall not be affected thereby.
1247          C. Notwithstanding subsection B or this section, the Commission may deny a State's
1248     participation in the Compact or, in accordance with the requirements of Section 10.B, terminate
1249     a Participating State's participation in the Compact, if it determines that a constitutional
1250     requirement of a Participating State is, or would be with respect to a State seeking to
1251     participate in the Compact, a material departure from the Compact. Otherwise, if this Compact
1252     shall be held to be contrary to the constitution of any Participating State, the Compact shall
1253     remain in full force and effect as to the remaining Participating States and in full force and
1254     effect as to the Participating State affected as to all severable matters.
1255          Section 25. Section 58-70c-113 is enacted to read:
1256          58-70c-113. Section 13 -- Binding Effect of Compact.
1257          A. Nothing herein prevents the enforcement of any other law of a Participating State
1258     that is not inconsistent with this Compact.
1259          B. Any laws in a Participating State in conflict with this Compact are superseded to the
1260     extent of the conflict.
1261          C. All agreements between the Commission and the Participating States are binding in
1262     accordance with their terms.
1263          Section 26. Section 58-70c-201 is enacted to read:
1264     
Part 2. Division Implementation

1265          58-70c-201. Rulemaking authority -- State authority over scope of practice.

1266          (1) The division may make rules in accordance with Title 63G, Chapter 3, Utah
1267     Administrative Rulemaking Act, to implement this chapter.
1268          (2) Notwithstanding any provision in Sections 58-70c-101 through 58-70c-113,
1269     Sections 58-70c-101 through 58-70c-113 do not supersede state law related to an individual's
1270     scope of practice under this title.
1271          Section 27. Section 72-9-602.5 is enacted to read:
1272          72-9-602.5. Certificate by endorsement.
1273          (1) As used in this section, "license" means an authorization that permits the holder to
1274     engage in the practice of a profession described in Section 72-9-602.
1275          (2) Subject to Subsections (4) through (6), the department shall issue a certificate
1276     described in Section 72-9-602 to an applicant who has been licensed in another state, district,
1277     or territory of the United States if:
1278          (a) the department determines that the license issued by the other state, district, or
1279     territory encompasses a similar scope of practice as the certificate;
1280          (b) the applicant has at least one year of experience practicing under the license issued
1281     in the other state, district, or territory; and
1282          (c) the applicant's license is in good standing in the other state, district, or territory.
1283          (3) Subject to Subsections (4) through (6), the department may issue a certificate
1284     described in Section 72-9-602 to an applicant who:
1285          (a) has been licensed in another state, district, or territory of the United States, or in a
1286     jurisdiction outside of the United States, if:
1287          (i) (A) the department determines that the applicant's education, experience, and skills
1288     demonstrate competency in the occupation for which certification is sought; and
1289          (B) the applicant has at least one year of experience practicing under the license issued
1290     in the other state, district, territory, or jurisdiction; or
1291          (ii) the department determines that the licensure requirements of the other state,
1292     district, territory, or jurisdiction at the time the license was issued were substantially similar to
1293     the requirements for the certificate; or
1294          (b) has never been licensed in a state, district, or territory of the United States, or in a
1295     jurisdiction outside of the United States, if:
1296          (i) the applicant was educated in or obtained relevant experience in a state, district, or

1297     territory of the United States, or a jurisdiction outside of the United States; and
1298          (ii) the department determines that the education or experience was substantially
1299     similar to the education or experience requirements for the certificate.
1300          (4) The department may refuse to issue a certificate to an applicant under this section
1301     if:
1302          (a) the department determines that there is reasonable cause to believe that the
1303     applicant is not qualified to receive the certificate; or
1304          (b) the applicant has a previous or pending disciplinary action related to the applicant's
1305     other license.
1306          (5) Before the department issues a certificate to an applicant under this section, the
1307     applicant shall:
1308          (a) pay a fee determined by the department under Section 63J-1-504; and
1309          (b) produce satisfactory evidence of the applicant's identity, qualifications, and good
1310     standing in the occupation for which certification is sought.
1311          (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
1312     Administrative Rulemaking Act, prescribing the administration and requirements of this
1313     section.