TITLE XXX
OCCUPATIONS AND PROFESSIONS
Chapter 328-D
PHYSICIAN ASSOCIATES
Section 328-D:1
328-D:1 Definitions. –
In this chapter:
I. "Applicant" means a physician associate who has submitted an application for licensure.
I-a. "Approved continuing medical education activity" means a continuing education activity certified for American Academy of Physician Assistants (AAPA) Category 1 credit, American Medical Association (AMA) Category 1 PRA credit, American Osteopathic Association (AOA) Category 1-A credit, American Academy of Family Physicians (AAFP) Prescribed credit, or any other board-approved activity.
II. "Board" means the board of medicine.
II-a. "Collaboration" means a physician associate's consultation with or referral to a physician or to the appropriate member of the health care team as indicated based on the patient's condition, the physician associate's education, training, and experience, and the applicable standards of care.
II-b. "Collaboration agreement" means an agreement that meets the requirements of RSA 328-D:3-b.
II-c. "Participating physician" means a physician practicing as a sole practitioner, a physician designated by a group of physicians to represent their physician group, or a physician designated by a health care facility to represent that facility, who collaborates with a physician associate or who enters into a collaboration agreement with a physician associate in accordance with this chapter.
III. "Physician associate" or "P.A." means a person qualified both by academic and practical training to provide patient services and licensed under this chapter.
Source. 1989, 290:1. 1995, 286:26, eff. Jan. 1, 1996. 2022, 148:1, eff. Aug. 6, 2022. 2024, 264:1-3, eff. July 26, 2024. 2025, 105:1, 3, eff. June 17, 2025.
Section 328-D:2
328-D:2 License Required. –
I. No person shall practice as a physician associate in the state of New Hampshire unless he or she is licensed in accordance with this chapter.
II. This section shall not be construed to prohibit students enrolled in physician associate training programs, from performing work incidental to their respective courses of study or supervised clinical work while under the supervision of a designated preceptor.
III. The board shall license each applicant who satisfies the requirements under RSA 328-D:3. Upon payment of a license fee, the board shall issue to such person a license, which shall be prima facie evidence of the right to practice as a physician associate.
Source. 1989, 290:1, eff. Jan. 1, 1990. 2020, 39:48, eff. July 29, 2020. 2022, 148:2, eff. Aug. 6, 2022. 2024, 327:249, eff. July 1, 2024. 2025, 105:1, eff. June 17, 2025.
Section 328-D:2-a
328-D:2-a Licensure Requirements Suspended; Manchester Veterans Administration Medical Center. –
I. New Hampshire state licensure laws, rules, and regulations for physician associates are hereby suspended for those physician associates licensed by another state or territory of the United States or another country who are employed by the United States Department of Veterans Affairs and who are offering medical services to patients offered through the Veterans Administration Medical Center (VAMC), provided that such physician associates are acting within the scope of their employment at the VAMC and possess a current license in good standing in their respective state, territory, or country of licensure.
II. The acting director of the Manchester VAMC shall submit to the executive director of the New Hampshire office of professional licensure and certification, or designee, a list of all out-of-state or out-of-country licensed physician associates offering services in the state of New Hampshire.
III. Nothing in this section shall be construed to preempt or supplant an individual licensed medical facility's policies regarding the emergency credentialing of physician associates or any other medical personnel.
Source. 2018, 266:2, eff. June 14, 2018. 2021, 151:1, eff. Sept. 21, 2021. 2022, 148:3, eff. Aug. 6, 2022. 2024, 264:4, eff. July 26, 2024. 2025, 105:2, eff. June 17, 2025.
Section 328-D:3
328-D:3 Conditions for Licensure. –
I. To apply for licensure by the board as a physician associate, an applicant shall file a written application on forms provided by the office of professional licensure and certification and pay an application fee. The applicant to be licensed shall:
(a) Have successfully completed an educational program for physician associates accredited by the Accreditation Review Commission on Education for the Physician Assistant, or prior to 2001, either by the Committee on Allied Health Education and Accreditation, or the Commission on Accreditation of Allied Health Education Programs.
(b) Have passed a national proficiency examination, as designated by the board.
(c) Demonstrate that the applicant has good character.
(d) Submit a complete set of fingerprints and a criminal history record release form pursuant to RSA 328-D:3-a.
II. The application shall include a statement of good standing from the licensing authority of all states in which the applicant currently holds a license.
III. Circumstances that exist which would be grounds for disciplinary action under RSA 328-D:6 may be grounds for denial of a license.
Source. 1989, 290:1. 2004, 198:1, 2. 2007, 303:5, eff. Sept. 11, 2007. 2018, 318:18, eff. Aug. 24, 2018. 2021, 197:67, eff. July 1, 2021. 2022, 148:4, eff. Aug. 6, 2022. 2025, 105:1, 2, eff. June 17, 2025.
Section 328-D:3-a
328-D:3-a Criminal History Record Checks. –
I. Every applicant for initial permanent licensure or reinstatement shall submit to the office a criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the office.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, an authorized employee of the department of safety, or an authorized employee of the office of professional licensure and certification, approved by the commissioner of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The office shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the office.
IV. The office shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.
Source. 2007, 303:4, eff. Sept. 11, 2007. 2018, 318:19, eff. Aug. 24, 2018. 2024, 327:250, eff. July 1, 2024; 366:14, eff. July 1, 2026.
Section 328-D:3-b
328-D:3-b Physician Assistant Scope of Practice. –
[Paragraph I effective until January 1, 2027; see also paragraph I set out below.]
I. (a) Except as provided in RSA 328-D:15, III and RSA 328-D:16, II, physician associates with fewer than 8,000 hours of post-graduate clinical practice hours practicing without at least one licensed New Hampshire physician in the group, practice, or health system shall enter into a written collaboration agreement with a New Hampshire licensed physician. The physician signing the collaboration agreement shall practice in a similar area of medicine as the physician associate. The physician associate shall provide proof of clinical hours worked upon request of the board of medicine.
(b) Any New Hampshire licensed physician associate with more than 8,000 post-graduate clinical practice hours who intends to practice medicine in a setting without at least one licensed New Hampshire physician in the group, practice, or health system shall apply to the board of medicine for a waiver of the collaboration agreement requirement. Within 90 days of enactment of this subparagraph, the board shall adopt rules pursuant to RSA 541-A which set forth the requirements the physician associate must meet for the board to grant the waiver. The rules shall include creating a waiver application form on which the physician associate shall provide the physician associate's name, license number, physical location of the practice, mailing address, phone number, primary area of medical practice, and proof of required post-graduate clinical practice hours. The rules shall require the board to confirm the physician associate's license is in good standing. The board may delay or deny approval of the waiver if the physician associate's license is not in good standing or if the board is aware of action against the physician associate's license. The board shall also adopt rules that outline the conditions under which a physician associate who is denied a waiver may reapply. Any New Hampshire licensed physician associate with more than 8,000 post-graduate clinical practice hours who intends to practice medicine in a setting without at least one licensed New Hampshire physician in the group, practice, or health system may not do so without first obtaining a waiver through the waiver process created by the board of medicine in this subparagraph.
[Paragraph I effective January 1, 2027; see also paragraph I set out above.]
I. Except as provided in RSA 328-D:15, III and RSA 328-D:16, II, physician associates with fewer than 8,000 hours of post-graduate clinical practice hours practicing without at least one licensed New Hampshire physician in the group, practice, or health system shall enter into a written collaboration agreement with a New Hampshire licensed physician. The physician signing the collaboration agreement shall practice in a similar area of medicine as the physician associate. The physician associate shall provide proof of clinical hours worked upon request of the board of medicine.
II. A collaboration agreement shall include all of the following:
(a) Processes for collaboration and consultation with the appropriate physician and other health care professional as indicated based on the patient's condition; the physician associate's education, training, and experience, and the applicable standards of care.
(b) An acknowledgment that the physician associate's scope of practice shall be limited to medical care that is within the physician associate's education, training, and experience as outlined in paragraphs VII-XVIII.
(c) A statement that although collaboration occurs between the physician associate and physicians and other health care professionals, a physician shall be accessible for consultation in person, by telephone, or electronic means at all times when a physician associate is practicing.
(d) The signatures of the physician associate and the participating physician. No other signatures shall be required.
III. The collaboration agreement shall be updated as necessary.
IV. In the event of the unanticipated unavailability of a participating physician practicing as a sole practitioner due to serious illness or death, a physician associate may continue to practice for not more than a 30-day period without entering into a new collaboration agreement with another participating physician.
V. The collaboration agreement shall be kept on file at the practice and made available to the board upon request. The board shall not request or require any modifications to the collaboration agreement.
VI. A participating physician shall not be required to submit a written acceptance of collaboration to the board.
VII. Physician associates may provide any legal medical service for which they have been prepared by their education, training, and experience and are competent to perform. Medical and surgical services provided by physician associates include, but are not limited to:
(a) Obtaining and performing comprehensive health histories and physical examinations;
(b) Evaluating, diagnosing, managing, and providing medical treatment;
(c) Ordering, performing, and interpreting diagnostic studies and therapeutic procedures;
(d) Educating patients on health promotion and disease prevention;
(e) Providing consultation upon request;
(f) Writing medical orders;
VIII. Physician associates may provide services in healthcare facilities or programs including but not limited to hospitals, nursing facilities, assisted living facilities, and hospices.
IX. Physician associates may obtain informed consent.
X. Physician associates may supervise, delegate, and assign therapeutic and diagnostic measures to licensed or unlicensed personnel.
XI. Consistent with the scope of practice, physician associates may certify the health or disability of a patient as required by any local, state, or federal program.
XII. Physician associates may authenticate any document with their signature, certification, stamp, verification, affidavit, or endorsement if it may be so authenticated by the signature, certification, stamp, verification, affidavit, or endorsement of a physician.
XIII. A physician associate may prescribe, dispense, order, administer, and procure drugs and medical devices. Physician associates may plan and initiate a therapeutic regimen that includes ordering and prescribing non pharmacological interventions, including but not limited to durable medical equipment, nutrition, blood and blood products, and diagnostic support services including but not limited to home healthcare, hospice, and physical and occupational therapy. A physician associate licensed under this chapter may prescribe non-opioid and opioid controlled drugs classified in schedule II through IV by means of telemedicine. When prescribing a non-opioid or opioid controlled drug classified in schedule II through IV by means of telemedicine, a subsequent evaluation shall be conducted by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually. All prescribing shall be in compliance with all federal and state laws and regulations.
XIV. The prescribing and dispensing of drugs shall:
(a) Comply with the requirements of RSA 318, and federal and state regulations;
(b) Occur when pharmacy services are not reasonably available, or when it is in the best interests of the patient, or when it is an emergency; and
(c) Include any medications that may be dispensed by a physician.
XV. Physician associates may request, receive, and sign for professional samples, and may distribute professional samples to patients.
XVI. Physician associates who prescribe and/or dispense controlled substances shall register with the United States Drug Enforcement Administration and any applicable state controlled substance regulatory authority.
XVII. Physician associates shall collaborate with, consult with, and/or refer to the appropriate member(s) of the healthcare team as indicated by the patient's condition, the education, experience, and competencies of the physician associate, and the standard of care. The degree of collaboration should be outlined in the collaboration agreement. Physician associates are solely responsible for the care they provide.
XVIII. The scope of practice of a physician associate shall be determined at the practice level based on the education, training, and experience of the physician associate. Practice settings may include, but are not limited to, a physician employer setting, group practice setting, independent private practice setting, or in a health care facility setting governed by a system of credentialing and/or granting of privileges.
XIX. Physician associates shall collaborate with, consult with, and/or refer to a physician or the appropriate member of the health care team as indicated by the patient's condition, the education, experience, and competencies of the physician associate, and the standard of care. Physician associates may only practice medicine when a physician or other appropriate member of the health care team is available for consultation in person or by electronic means. Physician associates are solely responsible for the care they provide.
XX. Physician associates shall comply with all internal policies regarding scope of practice as set forth by the physician associate's employer.
Source. 2022, 148:5, eff. Aug. 6, 2022. 2024, 264:5, 7, eff. July 26, 2024; 264:6, eff. Jan. 1, 2027. 2025, 105:1-3, eff. June 17, 2025; 105:7, 8, eff. Jan. 1, 2027; 134:2, eff. Aug. 23, 2025.
Section 328-D:4
328-D:4 Repealed by 2004, 198:11, I, eff. Dec. 31, 2004. –
Section 328-D:5
328-D:5 Renewal of Licenses. –
Every person licensed to practice under this chapter shall apply to the office for biennial renewal of license on forms provided by the office of professional licensure and certification and shall pay a renewal fee as established by the office of professional licensure and certification. A license issued under this chapter shall expire unless renewed in accordance with RSA 310:8.
Source. 1989, 290:1. 2004, 198:3, eff. Dec. 31, 2004. 2020, 39:49, eff. Jan. 1, 2021. 2022, 148:6, eff. Aug. 6, 2022. 2024, 327:251, eff. July 1, 2024.
Section 328-D:5-a
328-D:5-a Repealed by 2024, 327:252, eff. July 1, 2024. –
Section 328-D:6
328-D:6 Grounds for Discipline. –
The board, after hearing, may take action against any person licensed under this chapter upon finding that the licensee:
I. Has knowingly provided false information on any application for professional licensure, whether by making any affirmative statement which was false at the time it was made or by failing to disclose any fact material to the application.
II. Is a habitual user of drugs or intoxicants or is afflicted with a physical disability, insanity, psychiatric disorders, or other disease deemed dangerous to the public health.
III. Has displayed a pattern of behavior which is incompatible with the basic knowledge and competence expected of persons in the practice of his or her profession.
IV. Has engaged in dishonest or unprofessional conduct or has been grossly or repeatedly negligent in practicing his or her profession or in performing activities ancillary to the practice of his or her profession or any particular aspect or specialty thereof, or has intentionally injured a patient while practicing his or her profession or performing such ancillary activities.
V. Has undertaken to practice outside of the collaboration agreement required pursuant to RSA 328-D:3-b.
VI. Has failed to provide adequate safeguards with regard to aseptic techniques or radiation techniques.
VII. Has included in advertising any statement of a character tending to deceive or mislead the public or any statement claiming professional superiority.
VIII. Has advertised the use of any drug or medicine of an unknown formula or any system of anesthetic that is unnamed, misnamed, misrepresented, or not in reality used.
IX. Has willfully or repeatedly violated any provision of this chapter or any substantive rule of the board.
X. Has been convicted of a felony under the laws of the United States or any state.
XI. Has failed to maintain adequate medical record documentation on diagnostic and therapeutic treatment provided or has unreasonably delayed medical record transfer, or violated RSA 332-I.
Source. 1989, 290:1. 2004, 198:5, eff. Dec. 31, 2004. 2022, 148:7, eff. Aug. 6, 2022.
Section 328-D:6-a
328-D:6-a Off-label Use of Prescription Drugs; When Permitted. –
The state of New Hampshire confirms its strong support for shared decision making between healthcare professionals and their patients. A licensee may lawfully prescribe an FDA approved drug product for an off-label indication and be held to the same standard of care as when prescribing for on-label indication when:
I. Off-label use of the drug product for this indication has longstanding common use;
II. There is medical evidence to support this use and no known evidence contraindicating such use, including but not limited to peer reviewed studies and practice guidelines from relevant medical societies; or
III. The licensee has provided and the patient, or if the patient is a minor, the patient's parent or guardian, has signed an informed consent form that includes the known potential benefits, known potential risks, alternative treatment options, expected prognosis without treatment, and a disclosure that a prescription is for an off-label indication. The signed informed consent form shall remain part of the patient's medical record.
Source. 2022, 306:3, eff. July 1, 2022.
Section 328-D:7
328-D:7 Repealed by 2023, 212:19, I, eff. Oct. 3, 2023. –
Section 328-D:8
328-D:8 Appeals. –
Disciplinary action taken by the board under RSA 328-D:7 may be appealed to the supreme court under RSA 541.
Source. 1989, 290:1. 2004, 198:7, eff. Dec. 31, 2004.
Section 328-D:9
328-D:9 Repealed by 2008, 21:6, II, eff. July 11, 2008. –
Section 328-D:10
328-D:10 Rulemaking. –
I. The board shall adopt rules under RSA 541-A relative to:
(a) [Repealed.]
(b) Content of the application for licensure.
(c) [Repealed.]
(d) [Repealed.]
(e) [Repealed.]
(f) [Repealed.]
(g) Notification of changes in employment.
(h) [Repealed.]
(i) Manner of recordkeeping under RSA 328-D:11.
(j) The implementation of strategies and procedures necessary to increase the acceptance of military training and experience towards licensure for military veterans seeking to be licensed as a physician associate. For the purposes of this subparagraph, "veterans" means veterans as defined in 38 U.S.C. section 101(2).
(k) Except as provided in paragraph II, any other matter which is consistent with the legislative intent of this chapter and which is necessary to the administration of this chapter.
(l) The definition of adequate liability insurance coverage under RSA 328-D:18.
(m) Continuing medical education ("CME") requirements for those physician associates that have received their National Commission on Certification of Physician Assistants ("NCCPA") certification, but have chosen not to maintain their certification.
II. [Repealed.]
Source. 1989, 290:1. 2008, 21:1, eff. July 11, 2008. 2020, 34:13, eff. Sept. 26, 2020. 2021, 197:68, 70, eff. July 1, 2021. 2022, 148:9, 13, I-V, eff. Aug. 6, 2022. 2023, 212:19, III, eff. Oct. 3, 2023. 2024, 162:1, eff. Sept. 1, 2024. 2025, 105:1, 9, eff. June 17, 2025.
Section 328-D:10-a
328-D:10-a Completion of Survey; Rulemaking. –
The board shall adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey or opt-out form provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.
Source. 2017, 131:6, eff. June 16, 2017. 2019, 254:8, eff. July 1, 2019.
Section 328-D:11
328-D:11 Recordkeeping. –
The board shall keep a record of its proceedings under this chapter in accordance with the retention policy established by the office of professional licensure and certification.
Source. 1989, 290:1, eff. Jan. 1, 1990. 2021, 197:69, eff. July 1, 2021.
Section 328-D:12
328-D:12 Physician Liability. –
A physician associate is responsible for his or her own medical decision making. A participating physician included in a collaboration agreement with a physician associate shall not, by the existence of the collaboration agreement alone, be legally liable for the actions or inactions of the physician associate; provided, however, that this shall not otherwise limit the liability of the participating physician.
Source. 1989, 290:1, eff. Jan. 1, 1990. 2022, 148:8, eff. Aug. 6, 2022. 2025, 105:1, eff. June 17, 2025.
Section 328-D:13
328-D:13 Penalty. –
I. Any person who, not being licensed or otherwise authorized according to the law of this state, shall advertise oneself or hold oneself out as a physician assistant, physician associate, or PA, or any person who does such act after receiving notice that such person's license has been revoked, shall be guilty of a misdemeanor.
II. Any person who shall practice or attempt to practice as a physician assistant, physician associate, or PA in this state without a license shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.
Source. 1989, 290:1. 2004, 198:9. 2006, 76:14, eff. July 1, 2006. 2025, 105:11, eff. June 17, 2025.
Section 328-D:14
328-D:14 Limitation on Action. –
A person, licensed or authorized to practice as a physician associate under this chapter or under the laws of any other state, who, in good faith, renders emergency care at the scene of an emergency, shall not be liable for any civil damages as a result of acts or omissions by such person in rendering such emergency care, or as a result of any act or failure to act to provide or arrange for further medical treatment or care, as long as such person receives no direct compensation for the care from or on behalf of the person cared for.
Source. 2004, 198:10, eff. Dec. 31, 2004. 2025, 105:1, eff. June 17, 2025.
Section 328-D:15
328-D:15 Participation in Disaster and Emergency Care. –
I. A physician associate licensed in this state or licensed or authorized to practice in any other U.S. jurisdiction or who is credentialed as a physician associate by a federal employer who is responding to a need for medical care created by an emergency or a state or local disaster may render such care that they are able to provide, provided that a state or local disaster shall not include an emergency situation that occurs in the place of the physician associate's employment.
II. A physician associate so responding who voluntarily and gratuitously, and other than in the ordinary course of employment or practice, renders emergency medical assistance shall not be liable for civil damages for any personal injuries that result from acts or omissions which may constitute ordinary negligence. The immunity granted by this section shall not apply to acts or omissions constituting gross, willful or wanton negligence.
III. A physician associate licensed in this state or licensed or authorized to practice in any other U.S. jurisdiction or credentialed as a physician associate by a federal employer shall not be required to have a collaboration agreement when responding to a need for medical care created by a disaster or emergency.
Source. 2022, 148:10, eff. Aug. 6, 2022. 2025, 105:1, 3, eff. June 17, 2025.
Section 328-D:16
328-D:16 Participation in Volunteer Care. –
I. A physician associate licensed in this state, or licensed or authorized to practice in any other U.S. jurisdiction, or who is credentialed by a federal employer or meets the licensure requirements of his or her requisite federal agency as a physician associate may volunteer to render such care that he or she is able to provide at a children's summer camp or for a public or community event or in a licensed ambulatory health center providing free care. Such care must be rendered without compensation or remuneration.
II. A physician associate licensed in this state, or licensed or authorized to practice in any other U.S. jurisdiction, or credentialed as a physician associate by a federal employer shall not be required to have a collaboration agreement when participating in volunteer care.
Source. 2022, 148:10, eff. Aug. 6, 2022. 2025, 105:1, eff. June 17, 2025.
Section 328-D:17
328-D:17 Coverage of Services. –
I. Health insurers and, to the extent permitted under federal law, Medicaid and Medicare shall reimburse a participating provider who is a physician associate for any medical and surgical service delivered by the physician associate if the same service would be covered if delivered by a physician. Physician associates are authorized to bill for and receive direct payment for the medically necessary services they deliver.
II. To provide accountability and transparency for patients, payers, and health care systems, the physician associate, when appropriate, shall be identified as the treating provider in the billing and claims processes when the physician associate delivered the medical services to the patient.
III. A health insurer shall not impose any practice, education, or collaboration requirement for a physician associate that is inconsistent with or more restrictive than the provisions of this chapter.
IV. Nothing in this chapter shall be construed to preclude a health carrier from exercising its rights and responsibilities set forth in RSA 420-J:4.
Source. 2022, 148:10, eff. Aug. 6, 2022. 2025, 105:1, 2, eff. June 17, 2025.
Section 328-D:18
328-D:18 Professional Liability Insurance Coverage. –
Physician associates actively engaged in providing medical care shall have adequate, current, and valid professional liability insurance coverage.
Source. 2022, 148:10, eff. Aug. 6, 2022. 2025, 105:2, eff. June 17, 2025.
Section 328-D:18-a
[RSA 328-D:18-a effective Sept. 13, 2026.]
328-D:18-a Physician Associate Licensure Compact Adopted. –
The state of New Hampshire hereby adopts the provisions of the physician associate licensure compact as follows:
Section 1. Purpose.
In order to strengthen access to medical services, and in recognition of the advances in the delivery of medical services, the participating states of the PA licensure compact have allied in common purpose to develop a comprehensive process that complements the existing authority of state licensing boards to license and discipline PAs and seeks to enhance the portability of a license to practice as a PA while safeguarding the safety of patients. This compact allows medical services to be provided by PAs, via the mutual recognition of the licensee's qualifying license by other compact participating states. This compact also adopts the prevailing standard for PA licensure and affirms that the practice and delivery of medical services by the PA occurs where the patient is located at the time of the patient encounter, and therefore requires the PA to be under the jurisdiction of the state licensing board where the patient is located. State licensing boards that participate in this compact retain the jurisdiction to impose adverse action against a compact privilege in that state issued to a PA through the procedures of this compact. The PA licensure compact will alleviate burdens for military families by allowing active duty military personnel and their spouses to obtain a compact privilege based on having an unrestricted license in good standing from a participating state.
Section 2. Definitions.
In this compact:
A. "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a PA license or license application or compact privilege such as license denial, censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice.
B. "Compact privilege" means the authorization granted by a remote state to allow a licensee from another participating state to practice as a PA to provide medical services and other licensed activity to a patient located in the remote state under the remote state's laws and regulations.
C. "Conviction" means a finding by a court that an individual is guilty of a felony or misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge by the offender.
D. "Criminal background check" means the submission of fingerprints or other biometric based information for a license applicant for the purpose of obtaining that applicant's criminal history record information, as defined in 28 C.F.R. § 20.3(d), from the state's criminal history record repository as defined in 28 C.F.R. § 20.3(f).
E. "Data system" means the repository of information about licensees, including but not limited to license status and adverse actions, which is created and administered under the terms of this compact.
F. "Executive committee" means a group of directors and ex-officio individuals elected or appointed pursuant to Section 7.F.2.
G. "Impaired practitioner" means a PA whose practice is adversely affected by health related condition(s) that impact their ability to practice.
H. "Investigative information" means information, records, or documents received or generated by a licensing board pursuant to an investigation.
I. "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of a PA in a state.
J. "License" means current authorization by a state, other than authorization pursuant to a compact privilege, for a PA to provide medical services, which would be unlawful without current authorization.
K. "Licensee" means an individual who holds a license from a state to provide medical services as a PA.
L. "Licensing board" means any state entity authorized to license and otherwise regulate PAs.
M. "Medical services" means health care services provided for the diagnosis, prevention, treatment, cure, or relief of a health condition, injury, or disease, as defined by a state's laws and regulations.
N. "Model compact" means the model for the PA licensure compact on file with the council of state governments or other entity as designated by the commission.
O. "Participating state" means a state that has enacted this compact.
P. "PA" means an individual who is licensed as a physician associate in a state. For purposes of this compact, any other title or status adopted by a state to replace the term "physician assistant" shall be deemed synonymous with "physician associate" and shall confer the same rights and responsibilities to the licensee under the provisions of this compact at the time of its enactment.
Q. "PA licensure compact commission," "compact commission," or "commission" mean the national administrative body created pursuant to section 7.A of this compact.
R. "Qualifying license" means an unrestricted license issued by a participating state to provide medical services as a PA.
S. "Remote state" means a participating state where a licensee who is not licensed as a PA is exercising or seeking to exercise the compact privilege.
T. "Rule" means a regulation promulgated by an entity that has the force and effect of law.
U. "Significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the PA to respond if required by state law, has reason to believe is not groundless and, if proven true, would indicate more than a minor infraction.
V. "State" means any state, commonwealth, district, or territory of the United States.
Section 3. State Participation in this Compact.
A. To participate in this compact, a participating state shall:
1. License PAs.
2. Participate in the compact commission's data system.
3. Have a mechanism in place for receiving and investigating complaints against licensees and license applicants.
4. Notify the commission, in compliance with the terms of this compact and commission rules, of any adverse action against a licensee or license applicant and the existence of significant investigative information regarding a licensee or license applicant.
5. Fully implement a criminal background check requirement, within a time frame established by commission rule, by its licensing board receiving the results of a criminal background check and reporting to the commission whether the license applicant has been granted a license.
6. Comply with the rules of the compact commission.
7. Utilize passage of a recognized national exam such as the NCCPA PANCE as a requirement for PA licensure.
8. Grant the compact privilege to a holder of a qualifying license in a participating state.
B. Nothing in this compact prohibits a participating state from charging a fee for granting the compact privilege.
Section 4. Compact Privilege.
A. To exercise the compact privilege, a licensee must:
1. Have graduated from a PA program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc. or other programs authorized by commission rule.
2. Hold current NCCPA certification.
3. Have no felony or misdemeanor conviction.
4. Have never had a controlled substance license, permit, or registration suspended or revoked by a state or by the United States Drug Enforcement Administration.
5. Have a unique identifier as determined by commission rule.
6. Hold a qualifying license.
7. Have had no revocation of a license or limitation or restriction on any license currently held due to an adverse action.
8. If a licensee has had a limitation or restriction on a license or compact privilege due to an adverse action, 2 years must have elapsed from the date on which the license or compact privilege is no longer limited or restricted due to the adverse action.
9. If a compact privilege has been revoked or is limited or restricted in a participating state for conduct that would not be a basis for disciplinary action in a participating state in which the licensee is practicing or applying to practice under a compact privilege, that participating state shall have the discretion not to consider such action as an adverse action requiring the denial or removal of a compact privilege in that state.
10. Notify the compact commission that the licensee is seeking the compact privilege in a remote state.
11. Meet any jurisprudence requirement of a remote state in which the licensee is seeking to practice under the compact privilege and pay any fees applicable to satisfying the jurisprudence requirement.
12. Report to the commission any adverse action taken by a non-participating state within 30 days after the action is taken.
B. The compact privilege is valid until the expiration or revocation of the qualifying license unless terminated pursuant to an adverse action. The licensee must also comply with all of the requirements of subsection A above to maintain the compact privilege in a remote state. If the participating state takes adverse action against a qualifying license, the licensee shall lose the compact privilege in any remote state in which the licensee has a compact privilege until all of the following occur:
1. The license is no longer limited or restricted; and
2. Two years have elapsed from the date on which the license is no longer limited or restricted due to the adverse action.
C. Once a restricted or limited license satisfies the requirements of subsection B.1 and 2, the licensee must meet the requirements of subsection A to obtain a compact privilege in any remote state.
D. For each remote state in which a PA seeks authority to prescribe controlled substances, the PA shall satisfy all requirements imposed by such state in granting or renewing such authority.
Section 5. Designation of the State from Which Licensee is Applying for a Compact Privilege.
A. Upon a licensee's application for a compact privilege, the licensee shall identify to the commission the participating state from which the licensee is applying, in accordance with applicable rules adopted by the commission, and subject to the following requirements:
1. When applying for a compact privilege, the licensee shall provide the commission with the address of the licensee's primary residence and thereafter shall immediately report to the commission any change in the address of the licensee's primary residence.
2. When applying for a compact privilege, the licensee is required to consent to accept service of process by mail at the licensee's primary residence on file with the commission with respect to any action brought against the licensee by the commission or a participating state, including a subpoena, with respect to any action brought or investigation conducted by the commission or a participating state.
Section 6. Adverse Actions.
A. A participating state in which a licensee is licensed shall have exclusive power to impose adverse action against the qualifying license issued by that participating state.
B. In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to do all of the following:
1. Take adverse action against a PA's compact privilege within that state to remove a licensee's compact privilege or take other action necessary under applicable law to protect the health and safety of its citizens.
2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a participating state for the attendance and testimony of witnesses or the production of evidence from another participating state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.
3. Notwithstanding paragraph 2, subpoenas may not be issued by a participating state to gather evidence of conduct in another state that is lawful in that other state for the purpose of taking adverse action against a licensee's compact privilege or application for a compact privilege in that participating state.
4. Nothing in this compact authorizes a participating state to impose discipline against a PA's compact privilege or to deny an application for a compact privilege in that participating state for the individual's otherwise lawful practice in another state.
C. For purposes of taking adverse action, the participating state which issued the qualifying license shall give the same priority and effect to reported conduct received from any other participating state as it would if the conduct had occurred within the participating state which issued the qualifying license. In so doing, that participating state shall apply its own state laws to determine appropriate action.
D. A participating state, if otherwise permitted by state law, may recover from the affected PA the costs of investigations and disposition of cases resulting from any adverse action taken against that PA.
E. A participating state may take adverse action based on the factual findings of a remote state, provided that the participating state follows its own procedures for taking the adverse action.
F. Joint investigations.
1. In addition to the authority granted to a participating state by its respective state PA laws and regulations or other applicable state law, any participating state may participate with other participating states in joint investigations of licensees.
2. Participating states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact.
G. If an adverse action is taken against a PA's qualifying license, the PA's compact privilege in all remote states shall be deactivated until 2 years have elapsed after all restrictions have been removed from the state license. All disciplinary orders by the participating state which issued the qualifying license that impose adverse action against a PA's license shall include a statement that the PA's compact privilege is deactivated in all participating states during the pendency of the order.
H. If any participating state takes adverse action, it promptly shall notify the administrator of the data system.
Section 7. Establishment of the PA Licensure Compact Commission.
A. The participating states hereby create and establish a joint government agency and national administrative body known as the PA licensure compact commission. The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in section 11.A.
B. Membership, voting, and meetings.
1. Each participating state shall have and be limited to one delegate selected by that participating state's licensing board or, if the state has more than one licensing board, selected collectively by the participating state's licensing boards.
2. The delegate shall be either:
a. A current PA, physician, or public member of a licensing board or PA council/committee; or
b. An administrator of a licensing board.
3. Any delegate may be removed or suspended from office as provided by the laws of the state from which the delegate is appointed.
4. The participating state licensing board shall fill any vacancy occurring in the commission within 60 days.
5. Each delegate shall be entitled to one vote on all matters voted on by the commission and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telecommunications, video conference, or other means of communication.
6. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in this compact and the bylaws.
7. The commission shall establish by rule a term of office for delegates.
C. The commission shall have the following powers and duties:
1. Establish a code of ethics for the commission;
2. Establish the fiscal year of the commission;
3. Establish fees;
4. Establish bylaws;
5. Maintain its financial records in accordance with the bylaws;
6. Meet and take such actions as are consistent with the provisions of this compact and the bylaws;
7. Promulgate rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all participating states;
8. Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected;
9. Purchase and maintain insurance and bonds;
10. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a participating state;
11. Hire employees and engage contractors, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
12. Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest;
13. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal or mixed; provided that at all times the commission shall avoid any appearance of impropriety;
14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
15. Establish a budget and make expenditures;
16. Borrow money;
17. Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;
18. Provide and receive information from, and cooperate with, law enforcement agencies;
19. Elect a chair, vice chair, secretary, and treasurer and such other officers of the commission as provided in the commission's bylaws.
20. Reserve for itself, in addition to those reserved exclusively to the commission under the compact, powers that the executive committee may not exercise;
21. Approve or disapprove a state's participation in the compact based upon its determination as to whether the state's compact legislation departs in a material manner from the model compact language;
22. Prepare and provide to the participating states an annual report; and
23. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of PA licensure and practice.
D. Meetings of the commission.
1. All meetings of the commission that are not closed pursuant to this subsection shall be open to the public. Notice of public meetings shall be posted on the commission's website at least 30 days prior to the public meeting.
2. Notwithstanding subsection D.1 of this section, the commission may convene a public meeting by providing at least 24 hours prior notice on the commission's website, and any other means as provided in the commission's rules, for any of the reasons it may dispense with notice of proposed rulemaking under section 9.L.
3. The commission may convene in a closed, non-public meeting or non-public part of a public meeting to receive legal advice or to discuss:
a. Non-compliance of a participating state with its obligations under this compact;
b. The employment, compensation, discipline, or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact;
j. Legal advice; or
k. Matters specifically exempted from disclosure by federal or participating states' statutes.
4. If a meeting, or portion of a meeting, is closed pursuant to this provision, the chair of the meeting or the chair's designee shall certify that the meeting or portion of the meeting may be closed and shall reference each relevant exempting provision.
5. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
E. Financing of the commission.
1. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
2. The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
3. The commission may levy on and collect an annual assessment from each participating state and may impose compact privilege fees on licensees of participating states to whom a compact privilege is granted to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount levied on participating states shall be allocated based upon a formula to be determined by commission rule.
a. A compact privilege expires when the licensee's qualifying license in the participating state from which the licensee applied for the compact privilege expires.
b. If the licensee terminates the qualifying license through which the licensee applied for the compact privilege before its scheduled expiration, and the licensee has a qualifying license in another participating state, the licensee shall inform the commission that it is changing to that participating state the participating state through which it applies for a compact privilege and pay to the commission any compact privilege fee required by commission rule.
4. The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the participating states, except by and with the authority of the participating state.
5. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
F. The executive committee.
1. The executive committee shall have the power to act on behalf of the commission according to the terms of this compact and commission rules.
2. The executive committee shall be composed of 9 members:
a. Seven voting members who are elected by the commission from the current membership of the commission;
b. One ex-officio, nonvoting member from a recognized national PA professional association; and
c. One ex-officio, nonvoting member from a recognized national PA certification organization.
3. The ex-officio members will be selected by their respective organizations.
4. The commission may remove any member of the executive committee as provided in its bylaws.
5. The executive committee shall meet at least annually.
6. The executive committee shall have the following duties and responsibilities:
a. Recommend to the commission changes to the commission's rules or bylaws, changes to this compact legislation, fees to be paid by compact participating states such as annual dues, and any commission compact fee charged to licensees for the compact privilege;
b. Ensure compact administration services are appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the commission;
e. Monitor compact compliance of participating states and provide compliance reports to the commission;
f. Establish additional committees as necessary;
g. Exercise the powers and duties of the commission during the interim between commission meetings, except for issuing proposed rulemaking or adopting commission rules or bylaws, or exercising any other powers and duties exclusively reserved to the commission by the commission's rules; and
h. Perform other duties as provided in the commission's rules or bylaws.
7. All meeting of the executive committee at which it votes or plans to vote on matters in exercising the powers and duties of the commission shall be open to the public and public notice of such meetings shall be given as public meetings of the commission are given.
8. The executive committee may convene in a closed, non-public meeting for the same reasons that the commission may convene in a non-public meeting as set forth in section 7.D.3 and shall announce the closed meeting as the commission is required to under section 7.D.4 and keep minutes of the closed meeting as the commission is required to under section 7.D.5.
G. Qualified immunity, defense, and indemnification.
1. The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.
2. The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
3. The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
4. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses in any proceedings as authorized by commission rules.
5. Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
6. Nothing herein shall be construed to designate the venue or jurisdiction to bring actions for alleged acts of malpractice, professional misconduct, negligence, or other such civil action pertaining to the practice of a PA. All such matters shall be determined exclusively by state law other than this compact.
7. Nothing in this compact shall be interpreted to waive or otherwise abrogate a participating state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation.
8. Nothing in this compact shall be construed to be a waiver of sovereign immunity by the participating states or by the commission.
Section 8. Data System.
A. The commission shall provide for the development, maintenance, operation, and utilization of a coordinated data and reporting system containing licensure, adverse action, and the reporting of the existence of significant investigative information on all licensed PAs and applicants denied a license in participating states.
B. Notwithstanding any other state law to the contrary, a participating state shall submit a uniform data set to the data system on all PAs to whom this compact is applicable (utilizing a unique identifier) as required by the rules of the commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or compact privilege;
4. Any denial of application for licensure, and the reason(s) for such denial (excluding the reporting of any criminal history record information where prohibited by law);
5. The existence of significant investigative information; and
6. Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
C. Significant investigative information pertaining to a licensee in any participating state shall only be available to other participating states.
D. The commission shall promptly notify all participating states of any adverse action taken against a licensee or an individual applying for a license that has been reported to it. This adverse action information shall be available to any other participating state.
E. Participating states contributing information to the data system may, in accordance with state or federal law, designate information that may not be shared with the public without the express permission of the contributing state. Notwithstanding any such designation, such information shall be reported to the commission through the data system.
F. Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the participating state contributing the information shall be removed from the data system upon reporting of such by the participating state to the commission.
G. The records and information provided to a participating state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, shall constitute the authenticated business records of the commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a participating state.
Section 9. Rulemaking.
A. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Commission rules shall become binding as of the date specified by the commission for each rule.
B. The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer this compact and achieve its purposes. A commission rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted hereunder, or based upon another applicable standard of review.
C. The rules of the commission shall have the force of law in each participating state, provided however that where the rules of the commission conflict with the laws of the participating state that establish the medical services a PA may perform in the participating state, as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.
D. If a majority of the legislatures of the participating states reject a commission rule, by enactment of a statute or resolution in the same manner used to adopt this compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any participating state or to any state applying to participate in the compact.
E. Commission rules shall be adopted at a regular or special meeting of the commission.
F. Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
1. On the website of the commission or other publicly accessible platform; and
2. To persons who have requested notice of the commission's notices of proposed rulemaking, and
3. In such other way(s) as the commission may by rule specify.
G. The notice of proposed rulemaking shall include:
1. The time, date, and location of the public hearing on the proposed rule and the proposed time, date, and location of the meeting in which the proposed rule will be considered and voted upon;
2. The text of the proposed rule and the reason for the proposed rule;
3. A request for comments on the proposed rule from any interested person and the date by which written comments must be received; and
4. The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing or provide any written comments.
H. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
I. If the hearing is to be held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall as directed in the notice of proposed rulemaking, not less than 5 business days before the scheduled date of the hearing, notify the commission of their desire to appear and testify at the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings shall be recorded. A copy of the recording and the written comments, data, facts, opinions, and arguments received in response to the proposed rulemaking shall be made available to a person upon request.
4. Nothing in this section shall be construed as requiring a separate hearing on each proposed rule. Proposed rules may be grouped for the convenience of the commission at hearings required by this section.
J. Following the public hearing the commission shall consider all written and oral comments timely received.
K. The commission shall, by majority vote of all delegates, take final action on the proposed rule and shall determine the effective date of the rule, if adopted, based on the rulemaking record and the full text of the rule.
1. If adopted, the rule shall be posted on the commission's website.
2. The commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.
3. The commission shall provide on its website an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
4. The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection L, the effective date of the rule shall be no sooner than 30 days after the commission issued the notice that it adopted the rule.
L. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 24 hours prior notice, without the opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately by the commission in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of commission or participating state funds;
3. Meet a deadline for the promulgation of a commission rule that is established by federal law or rule; or
4. Protect public health and safety.
M. The commission or an authorized committee of the commission may direct revisions to a previously adopted commission rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made as set forth in the notice of revisions and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
N. No participating state's rulemaking requirements shall apply under this compact.
Section 10. Oversight, Dispute Resolution, and Enforcement.
A. Oversight.
1. The executive and judicial branches of state government in each participating state shall enforce this compact and take all actions necessary and appropriate to implement the compact.
2. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.
3. The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact or the commission's rules and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission with service of process shall render a judgment or order in such proceeding void as to the commission, this compact, or commission rules.
B. Default, technical assistance, and termination.
1. If the commission determines that a participating state has defaulted in the performance of its obligations or responsibilities under this compact or the commission rules, the commission shall provide written notice to the defaulting state and other participating states. The notice shall describe the default, the proposed means of curing the default and any other action that the commission may take and shall offer remedial training and specific technical assistance regarding the default.
2. If a state in default fails to cure the default, the defaulting state may be terminated from this compact upon an affirmative vote of a majority of the delegates of the participating states, and all rights, privileges and benefits conferred by this compact upon such state may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
3. Termination of participation in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and to the licensing board(s) of each of the participating states.
4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
5. The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from this compact, unless agreed upon in writing between the commission and the defaulting state.
6. The defaulting state may appeal its termination from the compact by the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
7. Upon the termination of a state's participation in the compact, the state shall immediately provide notice to all licensees within that state of such termination:
a. Licensees who have been granted a compact privilege in that state shall retain the compact privilege for 180 days following the effective date of such termination.
b. Licensees who are licensed in that state who have been granted a compact privilege in a participating state shall retain the compact privilege for 180 days unless the licensee also has a qualifying license in a participating state or obtains a qualifying license in a participating state before the 180-day period ends, in which case the compact privilege shall continue.
C. Dispute resolution.
1. Upon request by a participating state, the commission shall attempt to resolve disputes related to this compact that arise among participating states and between participating and non-participating states.
2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
D. Enforcement.
1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and rules of the commission.
2. If compliance is not secured after all means to secure compliance have been exhausted, by majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices, against a participating state in default to enforce compliance with the provisions of this compact and the commission's promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
E. Legal action against the commission.
1. A participating state may initiate legal action against the commission in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
2. No person other than a participating state shall enforce this compact against the commission.
Section 11. Date of Implementation of the PA Licensure Compact Commission.
A. This compact shall come into effect on the date on which this compact statute is enacted into law in the seventh participating state.
1. On or after the effective date of the compact, the commission shall convene and review the enactment of each of the states that enacted the compact prior to the commission convening ("charter participating states") to determine if the statute enacted by each such charter participating state is materially different than the model compact.
a. A charter participating state whose enactment is found to be materially different from the model compact shall be entitled to the default process set forth in section 10.B.
b. If any participating state later withdraws from the compact or its participation is terminated, the commission shall remain in existence and the compact shall remain in effect even if the number of participating states should be less than 7. Participating states enacting the compact subsequent to the commission convening shall be subject to the process set forth in section 7.C.21 to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.
2. Participating states enacting the compact subsequent to the 7 initial charter participating states shall be subject to the process set forth in section 7.C.21 to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.
3. All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
B. Any state that joins this compact shall be subject to the commission's rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state.
C. Any participating state may withdraw from this compact by enacting a statute repealing the same.
1. A participating state's withdrawal shall not take effect until 180 days after enactment of the repealing statute. During this 180-day period, all compact privileges that were in effect in the withdrawing state and were granted to licensees licensed in the withdrawing state shall remain in effect. If any licensee licensed in the withdrawing state is also licensed in another participating state or obtains a license in another participating state within the 180 days, the licensee's compact privileges in other participating states shall not be affected by the passage of the 180 days.
2. Withdrawal shall not affect the continuing requirement of the state licensing boards of the withdrawing state to comply with the investigative, and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
3. Upon the enactment of a statute withdrawing a state from this compact, the state shall immediately provide notice of such withdrawal to all licensees within that state. Such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.
D. Nothing contained in this compact shall be construed to invalidate or prevent any PA licensure agreement or other cooperative arrangement between participating states and between a participating state and non-participating state that does not conflict with the provisions of this compact.
E. This compact may be amended by the participating states. No amendment to this compact shall become effective and binding upon any participating state until it is enacted materially in the same manner into the laws of all participating states as determined by the commission.
Section 12. Construction and Severability.
A. This compact and the commission's rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission's rulemaking authority solely for those purposes.
B. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.
C. Notwithstanding subsection B or this section, the commission may deny a state's participation in the compact or, in accordance with the requirements of section 10.B, terminate a participating state's participation in the compact, if it determines that a constitutional requirement of a participating state is, or would be with respect to a state seeking to participate in the compact, a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any participating state, the compact shall remain in full force and effect as to the remaining participating states and in full force and effect as to the participating state affected as to all severable matters.
Section 13. Binding Effect of Compact.
A. Nothing herein prevents the enforcement of any other law of a participating state that is not inconsistent with this compact.
B. Any laws in a participating state in conflict with this compact are superseded to the extent of the conflict.
C. All agreements between the commission and the participating states are binding in accordance with their terms.
Source. 2026, 333:2, eff. Sept. 13, 2026.
Section 328-D:19
328-D:19 Effect of Name Change From Physician Assistant to Physician Associate. –
I. As of the effective date of this section, the title of "physician assistant" in New Hampshire is changed to "physician associate." This change is not intended to change any rights or privileges of those who have been or continue to hold themselves out to be a "physician assistant" and anywhere in the law that says, "physician associate" shall also mean "physician assistant."
II. This name change shall not alter, affect, or impact any billing, reimbursement, or payment policies currently in place for physician assistants. All billing practices, insurance reimbursement policies, and agreements that apply to physician assistants shall continue to apply in the same manner to physician associates. No insurer shall deny reimbursement for services rendered by a physician associate solely as a result of this name change.
III. No regulatory changes shall be made solely as a result of this name change that would modify the scope of practice or any other professional obligations currently applicable to physician assistants.
Source. 2025, 105:10, eff. June 17, 2025.
Section 328-D:20
328-D:20 Certain Contract Restrictions Upon Physician Associates Unenforceable. –
Any contract or agreement that creates or establishes terms of a partnership, employment, or other form of professional relationship with a physician associate licensed by the board of medicine to practice medicine in this state, including any restriction on the right of a physician associate to practice in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship, shall be void and unenforceable with respect to said restriction; provided, however, that nothing herein shall render void or unenforceable the remaining provisions of any such contract or agreement. The requirements of this section shall apply only to new contracts or renewals of contracts entered into on or after the effective date of this section.
Source. 2026, 55:1, eff. July 7, 2026.