Okla. Stat. tit. 59, § 59-545.7

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 subsection A of

Section 11.

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 sixty (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 the Compact

and the bylaws; and

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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 the Compact and the bylaws;

7. Promulgate rules to facilitate and coordinate implementation

and administration of the 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 the 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
ovided 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 the Compact and the

bylaws;

18. Provide and receive information from, and cooperate with,

law enforcement agencies;

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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 the 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 thirty

(30) days prior to the public meeting;

2. Notwithstanding paragraph 1 of this subsection, the

Commission may convene a public meeting by providing at least

twenty-four (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

subsection L of Section 9 of this Compact;

3. The Commission may convene in a closed, nonpublic meeting or

nonpublic part of a public meeting to receive legal advice or to

discuss:

a. noncompliance of a participating state with its

obligations under the 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,

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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 the 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 subsection, 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; and

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
to

this subsection, 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; and

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; and

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, and

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

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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 the Compact and

Commission rules;

2. The executive committee shall be composed of nine (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:
fficio, 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 the 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,

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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 meetings 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; and

8. The executive committee may convene in a closed, nonpublic

meeting for the same reasons that the Commission may convene in a

nonpublic meeting as set forth in paragraph 3 of subsection D of

this section and shall announce the closed meeting as the Commission

is required to under paragraph 4 of subsection D of this section and

keep minutes of the closed meeting as the Commission is required to

under paragraph 5 of subsection D of this section.

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 it

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

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e 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

Oklahoma Statutes - Title 59. Professions and Occupations Page 542

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 the Compact;

7. Nothing in the 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; and

8. Nothing in the Compact shall be construed to be a waiver of

sovereign immunity by the participating states or by the Commission.