§ 43-17.5-06 — Adverse actions

North Dakota § 43-17.5-06

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-17.5: Physician Assistant Licensure Compact

Text

1. A participating state in which a licensee is licensed has exclusive power to impose
adverse action against the qualifying license issued by that participating state.
2. In addition to the other powers conferred by state law, a remote state, in accordance
with existing state due process law, may:
a. Take adverse action against a physician assistant'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.
b. 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 must 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 subsection 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. This compact does not authorize a participating state to impose discipline against a
physician assistant'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.
5. 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.
6. A participating state, if otherwise permitted by state law, may recover from the affected
physician assistant the costs of investigations and disposition of cases resulting from
any adverse action taken against that physician assistant.
7. A participating state may take adverse action based on the factual findings of a remote
state, provided the participating state follows its own procedures for taking the adverse
action.
8. Joint investigations.
a. In addition to the authority granted to a participating state by its respective state
physician assistant laws and regulations or other applicable state law, any
participating state may participate with other participating states in joint
investigations of licensees.
b. Participating states shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under this
compact.
9. If an adverse action is taken against a physician assistant's qualifying license, the
physician assistant's compact privilege in all remote states must be deactivated until
two 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 physician assistant's license must include a
statement that the physician assistant's compact privilege is deactivated in all
participating states during the pendency of the order.
10. If any participating state takes adverse action, it promptly shall notify the administrator
of the data system.