1. Oversight. a. 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. b. Venue is proper and judicial proceedings by or against the commission must 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. This compact does not affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter. c. The commission is entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact or the commission's rules and has standing to intervene in such a proceeding for all purposes. Failure to provide the commission with service of process renders a judgment or order in such proceeding void as to the commission, this compact, or commission rules. 2. Default, technical assistance, and termination.
a. 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 must describe the default, the proposed means of curing the default, any other action the commission may take, and offer remedial training and specific technical assistance regarding the default. b. 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. c. Termination of participation in this compact must be imposed only after all other means of securing compliance have been exhausted. The commission shall provide notice of intent to suspend or terminate to the governor, the majority and minority leaders of the defaulting state's legislature, and to the licensing board of each of the participating states. d. 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. e. 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. f. 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 must be awarded all costs of such litigation, including reasonable attorney's fees. g. 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: (1) Licensees who have been granted a compact privilege in that state shall retain the compact privilege for one hundred eighty days following the effective date of such termination. (2) Licensees who are licensed in that state who have been granted a compact privilege in a participating state shall retain the compact privilege for one hundred eighty days unless the licensee also has a qualifying license in a participating state or obtains a qualifying license in a participating state before the one hundred eighty-day period ends, in which case the compact privilege continues. 3. Dispute resolution. a. 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 nonparticipating states. b. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. 4. Enforcement. a. The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and rules of the commission. b. 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 must be awarded all costs of such litigation, including reasonable attorney's fees.
c. The remedies in this subsection are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law. 5. Legal action against the commission. a. 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 must be awarded all costs of such litigation, including reasonable attorney's fees. b. Any person other than a participating state may not enforce this compact against the commission.
43-17.5-11. Date of implementation of the physician assistant licensure compact commission. 1. This compact becomes effective on the date on which this compact statute is enacted into law in the seventh participating state. a. 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 before 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. (1) A charter participating state whose enactment is found to be materially different from the model compact is entitled to the default process under section 43-17.5-10. (2) If any participating state later withdraws from the compact or its participation is terminated, the commission shall remain in existence and the compact must remain in effect even if the number of participating states should be less than seven. Participating states enacting the compact subsequent to the commission convening are subject to the process under subsection 3 of section 43-17.5-07 to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact. b. Participating states enacting the compact subsequent to the seven initial charter participating states are subject to the process under subsection 3 of section 43-17.5-07 to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact. c. All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact before the effective date of the compact or the commission coming into existence are considered actions of the commission unless specifically repudiated by the commission. 2. Any state that joins this compact is 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 has the full force and effect of law on the day this compact becomes law in that state. 3. Any participating state may withdraw from this compact by enacting a statute repealing the same. a. A participating state's withdrawal does not take effect until one hundred eighty days after enactment of the repealing statute. During this one hundred eighty-day period, all compact privileges that were in effect in the withdrawing state and were granted to licensees licensed in the withdrawing state remain in effect. 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 one hundred eighty days, the licensee's compact privileges in other participating states are not affected by the passage of the one hundred eighty days.
b. Withdrawal does not affect the continuing requirement of the state licensing board of the withdrawing state to comply with the investigative, and adverse action reporting requirements of this compact prior to the effective date of withdrawal. c. 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 one hundred eighty days after the date of such notice of withdrawal. 4. This compact may not be construed to invalidate or prevent any physician assistant licensure agreement or other cooperative arrangement between participating states and between a participating state and nonparticipating state which does not conflict with the provisions of this compact. 5. This compact may be amended by the participating states. An amendment to this compact may not become effective and binding on any participating state until it is enacted materially in the same manner into the laws of all participating states as determined by the commission.