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HB 1622

North Dakota House•Passed

Summary

HB 1622, “The requirements of physician assistants privileged to practice under the physician assistant licensure compact; and to provide an effective date”, was introduced in the House on Jan 21, 2026 by Legislative Management. It last saw action on Jan 28, 2026: Filed with Secretary Of State 01/23.

Record

Text

HB 1622 has 2 roll calls.

hb1622/enrolled.txt
               Sixty-ninth Legislative Assembly of North Dakota
         In Special Session Commencing Wednesday, January 21, 2026
                                         HOUSE BILL NO. 1622
                                       (Legislative Management)
                                        (Joint Policy Committee)
AN ACT to create and enact chapter 43-17.5 of the North Dakota Century Code, relating to the
     physician assistant licensure compact; to amend and reenact section 43-17-01, subsection 1 of
     section 43-17-02.1, and sections 43-17-02.2 and 43-17-46 of the North Dakota Century Code,
     relating to the requirements of physician assistants privileged to practice under the physician
     assistant licensure compact; and to provide an effective date.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
    SECTION 1. AMENDMENT. Section 43-17-01 of the North Dakota Century Code is amended and
reenacted as follows:
   43-17-01. Definitions.
   As used in this chapter, unless the context or subject matter otherwise requires:
    1.   "Board" means the North Dakota board of medicine.
    2.   "Licensee" means a physician, resident physician, or physician assistant licensed to practice
         in North Dakotathis state or a physician assistant privileged to practice in this state under
         chapter 43-17.5.
    3.   "Physician" includes physician and surgeon (M.D.) and osteopathic physician and surgeon
         (D.O.).
    4.   "Physician assistant" means an individual issued a physician assistant license under this
         chapter or privileged to practice in this state under chapter 43-17.5.
    5.   "Practice of medicine" includes the practice of medicine, surgery, and obstetrics. The following
         persons are regarded as practicing medicine:
         a.   A person that holds out to the public as being engaged within this state in the diagnosis
              or treatment of diseases or injuries of human beings.
         b.   A person that suggests, recommends, or prescribes any form of treatment for the
              intended relief or cure of any physical or mental ailment of any individual, with the
              intention of receiving, directly or indirectly, any fee, gift, or compensation.
         c.   A person that maintains an office for the examination or treatment of individuals afflicted
              with disease or injury of the body or mind.
         d.   A person that attaches the title M.D., surgeon, doctor, D.O., osteopathic physician and
              surgeon, or any other similar word or words or abbreviation to the person's name,
              indicating that the person is engaged in the treatment or diagnosis of the diseases or
              injuries of human beings shall be held to be engaged in the practice of medicine.
    6.   "Resident physician" means an individual issued a postgraduate training license under this
         chapter.
    7.   "Telemedicine" means the practice of medicine using electronic communication, information
         technologies, or other means between a licensee in one location and a patient in another
         location, with or without an intervening health care provider. "Telemedicine" includes direct
                                        H. B. NO. 1622 - PAGE 2
         interactive patient encounters, asynchronous store-and-forward technologies, and remote
         monitoring.
    SECTION 2. AMENDMENT. Subsection 1 of section 43-17-02.1 of the North Dakota Century Code
is amended and reenacted as follows:
    1.   An individual providing the services of a physician assistant as outlined inunder this chapter to
         a patient located in thethis state shall possess an active North Dakota license for physician
         assistant practice or be privileged to practice in this state under chapter 43-17.5. The board
         shall adopt rules governing the conduct, licensure, fees for licensure and privilege,
         qualifications, and discipline of physician assistants. Physician assistants are not authorized to
         perform any services that must be performed by individuals licensed pursuant tounder
         chapters 43-12.1, 43-13, 43-15, and 43-28 or services otherwise regulated by licensing laws,
         notwithstanding medical doctors need notare not required to be licensed specifically to
         perform the services contemplated under such chapters or licensing laws.
    SECTION 3. AMENDMENT. Section 43-17-02.2 of the North Dakota Century Code is amended and
reenacted as follows:
   43-17-02.2. Use of certain words or initials prohibited.
    1.   An individual may not licensed as a physician or resident physician under this chapter is
         prohibited from usinguse the title of "doctor of medicine", "medical doctor", "doctor of
         osteopathic medicine", "osteopathic physician", "physician", "M.D.", or "D.O." unless the
         individual is licensed as a physician or resident physician under this chapter.
    2.   An individual may not use the title of "physician assistant" or "P.A." unless the individual is
         licensed as a physician assistant under this chapter is prohibited from using the title of
         "physician assistant" or "P.A."or is privileged to practice in this state under chapter 43-17.5.
    3.   This section may not be construed as to prohibit a licensed health care professional from
         using a title incorporating any of the words specified in subsection 1 or 2, or from using a title
         or designation that is not specifically protected by subsection 1 or 2, if the title or designation
         used is permitted under the health care professional's practice act.
    4.   Notwithstanding subsections 1 and 2, an individual who does not hold an active physician,
         resident physician, or physician assistant license may still use the title conferred by a qualified
         educational degree recognized under this chapter, but may not practice unless licensed under
         this chapter or privileged to practice in this state under chapter 43-17.5.
    SECTION 4. AMENDMENT. Section 43-17-46 of the North Dakota Century Code is amended and
reenacted as follows:
    43-17-46. Payment of fees under the interstate medical licensure compact and the physician
assistant licensure compact.
    1.   Fees levied under subsection 1 of article XIII of the interstate medical licensure compact by
         the interstate medical licensure compact commission to thethis state of North Dakota must be
         paid by the board through the board's funding mechanism, and the board may not request
         funds deposited in the general fund for the fee. A physician-granted licensure through the
         interstate medical licensure compact who fails to complete the addendum questions within the
         time specified by rule of the board must be assessed a fee up to three times the normal
         licensure fee, in addition to such other penalties as authorized by law.
    2.   Fees levied under section 43-17.5-07 of the physician assistant licensure compact by the
         physician assistant licensure compact commission to this state must be paid by the board
         through the board's funding mechanism, and the board may not request funds deposited in
         the general fund for the fee. A physician assistant granted licensure or privilege to practice in
                                   H. B. NO. 1622 - PAGE 3
     this state through the physician assistant licensure compact who fails to complete the
     addendum questions within the time specified by rule of the board must be assessed a fee up
     to three times the normal licensure fee for a physician assistant licensed in this state, in
     addition to other penalties as authorized by law.
3.   Notwithstanding subsectionsubsections 1 and 2, if an individual fails to timely submit the
     addendum questionnaire required by rule of the board, the board may determine whether the
     individual's failure to file a timely response constitutes an admission of noncompliance with
     this section and whether the license should be subject to action by the board. If the board
     determines the individual's failure to file a timely response is an admission of noncompliance
     and the individual's license or privilege to practice should be subject to action by the board,
     the board shall hold a hearing in accordance with chapter 28-32 to take any appropriate
     action.
SECTION 5. Chapter 43-17.5 of the North Dakota Century Code is created and enacted as follows:
43-17.5-01. Purpose.
1.   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 physician assistant 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 physician
     assistants and seeks to enhance the portability of a license to practice as a physician
     assistant while safeguarding the safety of patients.
2.   This compact:
     a.   Allows medical services to be provided by physician assistants, via the mutual
          recognition of the licensee's qualifying license by other compact participating states.
     b.   Adopts the prevailing standard for physician assistant licensure.
     c.   Affirms the practice and delivery of medical services by the physician assistant occurs
          where the patient is located at the time of the patient encounter, and therefore requires
          the physician assistant to be under the jurisdiction of the state licensing board where the
          patient is located.
3.   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 physician assistant through the
     procedures of this compact. The physician assistant 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.
43-17.5-02. Definitions.
In this compact:
1.   "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 physician
     assistant license or license application or compact privilege including license denial, censure,
     revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's
     practice.
2.   "Compact privilege" means the authorization granted by a remote state to allow a licensee
     from another participating state to practice as a physician assistant to provide medical
     services and other licensed activity to a patient located in the remote state under the remote
     state's laws and regulations.
                                     H. B. NO. 1622 - PAGE 4
 3.   "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.
 4.   "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).
 5.   "Data system" means the repository of information about licensees, including license status
      and adverse actions, which is created and administered under the terms of this compact.
 6.   "Executive committee" means a group of directors and ex officio individuals elected or
      appointed under section 43-17.5-07.
 7.   "Impaired practitioner" means a physician assistant whose practice is adversely affected by
      health-related conditions that impact their ability to practice.
 8.   "Investigative information" means information, records, or documents received or generated
      by a licensing board pursuant to an investigation.
 9.   "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws
      and rules governing the practice of a physician assistant in a state.
10.   "License" means current authorization by a state, other than authorization pursuant to a
      compact privilege, for a physician assistant to provide medical services, which would be
      unlawful without current authorization.
11.   "Licensee" means an individual who holds a license from a state to provide medical services
      as a physician assistant.
12.   "Licensing board" means any state entity authorized to license and otherwise regulate
      physician assistants.
13.   "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.
14.   "Model compact" means the model for the physician assistant licensure compact on file with
      the council of state governments or other entity as designated by the commission.
15.   "Participating state" means a state that has enacted this compact.
16.   "Physician assistant" means an individual who is licensed as a physician assistant in a state.
      For purposes of this compact, any other title or status adopted by a state to replace the term
      "physician assistant" is deemed synonymous with "physician assistant" and confers the same
      rights and responsibilities to the licensee under the provisions of this compact at the time of its
      enactment.
17.   "Physician assistant licensure compact commission", "compact commission", or "commission"
      mean the national administrative body created pursuant to section 43-17.5-07 of this compact.
18.   "Qualifying license" means an unrestricted license issued by a participating state to provide
      medical services as a physician assistant.
19.   "Remote state" means a participating state where a licensee who is not licensed as a
      physician assistant is exercising or seeking to exercise the compact privilege.
20.   "Rule" means a regulation promulgated by an entity that has the force and effect of law.
                                      H. B. NO. 1622 - PAGE 5
21.   "Significant investigative information" means investigative information that a licensing board,
      after an inquiry or investigation that includes notification and an opportunity for the physician
      assistant 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.
22.   "State" means any state, commonwealth, district, or territory of the United States.
43-17.5-03. State participation in this compact.
 1.   To participate in this compact, a participating state shall:
      a.   License physician assistants;
      b.   Participate in the compact commission's data system;
      c.   Have a mechanism in place for receiving and investigating complaints against licensees
           and license applicants;
      d.   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;
      e.   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;
      f.   Comply with the rules of the compact commission;
      g.   Utilize passage of a recognized national exam, such as the national commission on
           certification of physician assistants' physician assistant national certifying examination,
           as a requirement for physician assistant licensure; and
      h.   Grant the compact privilege to a holder of a qualifying license in a participating state.
 2.   This compact does not prohibit a participating state from charging a fee for granting the
      compact privilege.
43-17.5-04. Compact privilege.
 1.   To exercise the compact privilege, a licensee shall:
      a.   Have graduated from a physician assistant program accredited by the accreditation
           review commission on education for the physician assistant or other program authorized
           by commission rule;
      b.   Hold current national commission on certification of physician assistants' certification;
      c.   Have no felony or misdemeanor conviction;
      d.   Have never had a controlled substance license, permit, or registration suspended or
           revoked by a state or by the United States drug enforcement administration;
      e.   Have a unique identifier as determined by commission rule;
      f.   Hold a qualifying license;
      g.   Have had no revocation of a license or limitation or restriction on any license currently
           held due to an adverse action, or if a licensee had a limitation or restriction on a license
           or compact privilege due to an adverse action, two years has elapsed from the date on
                                        H. B. NO. 1622 - PAGE 6
               which the license or compact privilege is no longer limited or restricted due to the
               adverse action, or 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 may not consider such action as an adverse
               action requiring the denial or removal of a compact privilege in that state;
         h.    Notify the compact commission that the licensee is seeking the compact privilege in a
               remote state;
          i.   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; and
          j.   Report to the commission any adverse action taken by a nonparticipating state within
               thirty days after the action is taken.
    2.   The compact privilege is valid until the expiration or revocation of the qualifying license unless
         terminated pursuant to an adverse action. The licensee shall comply with the requirements of
         subsection 1 to maintain the compact privilege in a remote state. If the participating state
         takes adverse action against a qualifying license, the licensee loses the compact privilege in
         any remote state in which the licensee has a compact privilege until all of the following occur:
         a.    The license is no longer limited or restricted; and
         b.    Two years have elapsed from the date on which the license is no longer limited or
               restricted due to the adverse action.
    3.   Once a restricted or limited license satisfies the requirements of subsection 2, the licensee
         shall meet the requirements of subsection 1 to obtain a compact privilege in any remote state.
    4.   For each remote state in which a physician assistant seeks authority to prescribe controlled
         substances, the physician assistant shall satisfy all requirements imposed by such state in
         granting or renewing such authority.
    43-17.5-05. Designation of the state from which a licensee is applying for a compact
privilege.
     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 when applying for a compact privilege,
the licensee shall:
    1.   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.   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.
    43-17.5-06. Adverse actions.
    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:
                                     H. B. NO. 1622 - PAGE 7
      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.
43-17.5-07. Establishment of the physician assistant licensure compact commission.
 1.   The participating states hereby create and establish a joint government agency and national
      administrative body known as the physician assistant licensure compact commission. The
                                   H. B. NO. 1622 - PAGE 8
     commission is an instrumentality of the compact states acting jointly and not an instrumentality
     of any one state. The commission comes into existence on or after the effective date of the
     compact as set forth in section 43-17.5-11.
2.   Membership, voting, and meetings.
     a.   Each participating state must 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.
     b.   The delegate must be either:
          (1)   A current physician assistant, physician, public member of a licensing board, or
                physician assistant council or committee; or
          (2)   An administrator of a licensing board.
     c.   Any delegate may be removed or suspended from office as provided by the laws of the
          state from which the delegate is appointed.
     d.   The participating state licensing board shall fill any vacancy occurring in the commission
          within sixty days.
     e.   Each delegate is 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 may 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.
     f.   The commission shall meet at least once during each calendar year. Additional meetings
          must be held as set forth in this compact and the bylaws.
     g.   The commission shall establish by rule a term of office for delegates.
3.   The commission shall have the following powers and duties:
     a.   Establish a code of ethics for the commission;
     b.   Establish the fiscal year of the commission;
     c.   Establish fees;
     d.   Establish bylaws;
     e.   Maintain its financial records in accordance with the bylaws;
     f.   Meet and take such actions as are consistent with the provisions of this compact and the
          bylaws;
     g.   Promulgate rules, which have the force and effect of law and are binding in all
          participating states, to facilitate and coordinate implementation and administration of this
          compact;
     h.   Bring and prosecute legal proceedings or actions in the name of the commission,
          provided the standing of any state licensing board to sue or be sued under applicable law
          is not affected;
     i.   Purchase and maintain insurance and bonds;
                                   H. B. NO. 1622 - PAGE 9
      j.   Borrow, accept, or contract for services of personnel, including employees of a
           participating state;
     k.    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;
      l.   Accept any appropriate donations and grants of money, equipment, supplies, materials
           and services, and receive, utilize and dispose of the same; provided at all times the
           commission avoids any appearance of impropriety or conflict of interest;
     m.    Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,
           improve or use, any property, real, personal or mixed; provided the commission avoids
           any appearance of impropriety;
     n.    Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
           property real, personal, or mixed;
     o.    Establish a budget and make expenditures;
     p.    Borrow money;
     q.    Appoint committees, including standing committees composed of members, state
           regulators, state legislators or their representatives, consumer representatives, and such
           other interested persons as may be designated in this compact and the bylaws;
      r.   Provide and receive information from, and cooperate with, law enforcement agencies;
     s.    Elect a chair, vice chair, secretary, treasurer, and such other officers of the commission
           as provided in the commission's bylaws;
      t.   Reserve for itself, in addition to those reserved exclusively to the commission under the
           compact, powers that the executive committee may not exercise;
     u.    Approve or disapprove a state's participation in the compact based on its determination
           as to whether the state's compact legislation departs in a material manner from the
           model compact language;
     v.    Prepare and provide to the participating states an annual report; and
     w.    Perform such other functions as may be necessary or appropriate to achieve the
           purposes of this compact consistent with the state regulation of physician assistant
           licensure and practice.
4.   Meetings of the commission.
     a.    All meetings of the commission that are not closed pursuant to this subsection must be
           open to the public. Notice of public meetings must be posted on the commission's
           website at least thirty days prior to the public meeting.
     b.    Notwithstanding subdivision a, the commission may convene a public meeting by
           providing at least twenty-four 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 43-17.5-09.
     c.    The commission may convene in a closed, nonpublic meeting or nonpublic part of a
           public meeting to receive legal advice or to discuss:
                                    H. B. NO. 1622 - PAGE 10
           (1)   Noncompliance of a participating state with its obligations under this compact;
           (2)   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;
           (3)   Current, threatened, or reasonably anticipated litigation;
           (4)   Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
                 estate;
           (5)   Accusing any person of a crime or formally censuring any person;
           (6)   Disclosure of trade secrets or commercial or financial information that is privileged
                 or confidential;
           (7)   Disclosure of information of a personal nature where disclosure would constitute a
                 clearly unwarranted invasion of personal privacy;
           (8)   Disclosure of investigative records compiled for law enforcement purposes;
           (9)   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;
          (10)   Legal advice; or
          (11)   Matters specifically exempted from disclosure by federal or participating states'
                 statutes.
     d.    If a meeting, or portion of a meeting, is closed pursuant to this section, the chair of the
           meeting or the chair's designee shall certify the meeting or portion of the meeting may be
           closed and shall reference each relevant exempting provision.
     e.    The commission shall keep minutes that fully and clearly describe all matters discussed
           in a meeting and provide a full and accurate summary of actions taken, including a
           description of the views expressed. All documents considered in connection with an
           action must be identified in such minutes. All minutes and documents of a closed meeting
           must remain under seal, subject to release by a majority vote of the commission or order
           of a court of competent jurisdiction.
5.   Financing of the commission.
     a.    The commission shall pay, or provide for the payment of, the reasonable expenses of its
           establishment, organization, and ongoing activities.
     b.    The commission may accept any appropriate revenue sources, donations, and grants of
           money, equipment, supplies, materials, and services.
     c.    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 must be allocated based upon a formula to be determined by
           commission rule.
                                   H. B. NO. 1622 - PAGE 11
          (1)   A compact privilege expires when the licensee's qualifying license in the
                participating state from which the licensee applied for the compact privilege expires.
          (2)   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.
     d.   The commission may not incur obligations of any kind prior to securing the funds
          adequate to meet the same; nor may the commission pledge the credit of any of the
          participating states, except by and with the authority of the participating state.
     e.   The commission shall keep accurate accounts of all receipts and disbursements. The
          receipts and disbursements of the commission are subject to the financial review and
          accounting procedures established under its bylaws. All receipts and disbursements of
          funds handled by the commission are subject to an annual financial review by a certified
          or licensed public accountant, and the report of the financial review must be included in
          and become part of the annual report of the commission.
6.   The executive committee.
     a.   The executive committee may act on behalf of the commission according to the terms of
          this compact and commission rules.
     b.   The executive committee must be composed of nine members:
          (1)   Seven voting members who are elected by the commission from the current
                membership of the commission;
          (2)   One ex officio, nonvoting member from a recognized national physician assistant
                professional association; and
          (3)   One ex officio, nonvoting member from a recognized national physician assistant
                certification organization.
     c.   The ex officio members will be selected by their respective organizations.
     d.   The commission may remove any member of the executive committee as provided in its
          bylaws.
     e.   The executive committee shall:
          (1)   Meet at least annually;
          (2)   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
                including annual dues and any commission compact fee charged to licensees for
                the compact privilege;
          (3)   Ensure compact administration services are appropriately provided, contractual or
                otherwise;
          (4)   Prepare and recommend the budget;
          (5)   Maintain financial records on behalf of the commission;
                                   H. B. NO. 1622 - PAGE 12
          (6)   Monitor compact compliance of participating states and provide compliance reports
                to the commission;
          (7)   Establish additional committees as necessary;
          (8)   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
          (9)   Perform other duties as provided in the commission's rules or bylaws.
     f.   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 must be open to the public and
          public notice of such meetings must be given as public meetings of the commission are
          given.
     g.   The executive committee may convene in a closed, nonpublic meeting for the same
          reasons the commission may convene in a nonpublic meeting under subsection 4, and
          shall announce the closed meeting and keep minutes of the closed meeting as the
          commission is required to do under subsection 4.
7.   Qualified immunity, defense, and indemnification.
     a.   The members, officers, executive director, employees, and representatives of the
          commission are 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 is 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 does not in any way compromise or limit the immunity granted under this
          section.
     b.   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 is 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.
     c.   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 the
          actual or alleged act, error, or omission did not result from the intentional or willful or
          wanton misconduct of that person.
     d.   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
                                     H. B. NO. 1622 - PAGE 13
          commission is located. The commission may waive venue and jurisdictional defenses in
          any proceedings as authorized by commission rules.
     e.   This compact may not be construed as a limitation on the liability of any licensee for
          professional malpractice or misconduct, which must be governed solely by any other
          applicable state laws.
     f.   This compact may not 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 physician assistant. All such matters must be
          determined exclusively by state law other than this compact.
     g.   This compact may not 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.
     h.   This compact may not be construed to be a waiver of sovereign immunity by the
          participating states or by the commission.
43-17.5-08. Data system.
1.   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 physician
     assistants and applicants denied a license in participating states.
2.   Notwithstanding any other state law to the contrary, a participating state shall submit a uniform
     data set to the data system on all physician assistants to whom this compact is applicable,
     utilizing a unique identifier, as required by the rules of the commission, including:
     a.   Identifying information;
     b.   Licensure data;
     c.   Adverse actions against a license or compact privilege;
     d.   Any denial of application for licensure, and the reasons for such denial, excluding the
          reporting of any criminal history record information where prohibited by law;
     e.   The existence of significant investigative information; and
     f.   Other information that may facilitate the administration of this compact, as determined by
          the rules of the commission.
3.   Significant investigative information pertaining to a licensee in any participating state must
     only be available to other participating states.
4.   The commission shall promptly notify all participating states of any adverse action taken
     against a licensee or an individual applying for a license which has been reported to it. This
     adverse action information must be available to any other participating state.
5.   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 must be reported to the commission through the data system.
                                   H. B. NO. 1622 - PAGE 14
6.   Any information submitted to the data system which is subsequently expunged pursuant to
     federal law or the laws of the participating state contributing the information must be removed
     from the data system upon reporting of such by the participating state to the commission.
7.   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, constitutes the
     authenticated business records of the commission, and is entitled to any associated hearsay
     exception in any relevant judicial, quasi-judicial, or administrative proceedings in a
     participating state.
43-17.5-09. Rulemaking.
1.   The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this
     section and the rules adopted thereunder. Commission rules become binding as of the date
     specified by the commission for each rule.
2.   The commission shall promulgate reasonable rules to effectively and efficiently implement and
     administer this compact and achieve its purposes. A commission rule is invalid and without
     force or effect only if a court of competent jurisdiction holds 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.
3.   The rules of the commission 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 physician assistant may perform in the participating state,
     as held by a court of competent jurisdiction, the rules of the commission are ineffective in that
     state to the extent of the conflict.
4.   If a majority of the legislatures of the participating states rejects a commission rule, by
     enactment of a statute or resolution in the same manner used to adopt this compact within
     four years of the date of adoption of the rule, then such rule has no further force and effect in
     any participating state or to any state applying to participate in the compact.
5.   Commission rules must be adopted at a regular or special meeting of the commission.
6.   Prior to promulgation and adoption of a final rule or rules by the commission, and at least thirty
     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:
     a.   On the website of the commission or other publicly accessible platform;
     b.   To persons who have requested notice of the commission's notices of proposed
          rulemaking; and
     c.   In such other ways as the commission may by rule specify.
7.   The notice of proposed rulemaking must include:
     a.   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;
     b.   The text of the proposed rule and the reason for the proposed rule;
     c.   A request for comments on the proposed rule from any interested person and the date by
          which written comments must be received; and
                                   H. B. NO. 1622 - PAGE 15
      d.   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.
 8.   Prior to adoption of a proposed rule, the commission shall allow persons to submit written
      data, facts, opinions, and arguments, which must be made available to the public.
 9.   If the hearing is to be held via electronic means, the commission shall publish the mechanism
      for access to the electronic hearing.
      a.   All persons wishing to be heard at the hearing shall as directed in the notice of proposed
           rulemaking, not less than five business days before the scheduled date of the hearing,
           notify the commission of their desire to appear and testify at the hearing.
      b.   Hearings must be conducted in a manner providing each person who wishes to comment
           a fair and reasonable opportunity to comment orally or in writing.
      c.   All hearings must be recorded. A copy of the recording and the written comments, data,
           facts, opinions, and arguments received in response to the proposed rulemaking must be
           made available to a person upon request.
      d.   This section may not 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.
10.   Following the public hearing, the commission shall consider all written and oral comments
      timely received.
11.   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.
      a.   If adopted, the rule must be posted on the commission's website.
      b.   The commission may adopt changes to the proposed rule provided the changes do not
           enlarge the original purpose of the proposed rule.
      c.   The commission shall provide on its website an explanation of the reasons for
           substantive changes made to the proposed rule and reasons for substantive changes not
           made that were recommended by commenters.
      d.   The commission shall determine a reasonable effective date for the rule. Except for an
           emergency as provided in subsection 12, the effective date of the rule must be no sooner
           than thirty days after the commission issued the notice that it adopted the rule.
12.   Upon determination that an emergency exists, the commission may consider and adopt an
      emergency rule with twenty-four hours prior notice, without the opportunity for comment, or
      hearing, provided that the usual rulemaking procedures provided in this compact and in this
      section are retroactively applied to the rule as soon as reasonably possible, in no event later
      than ninety days after the effective date of the rule. For purposes of this subsection, an
      emergency rule is one that must be adopted immediately by the commission in order to:
      a.   Meet an imminent threat to public health, safety, or welfare;
      b.   Prevent a loss of commission or participating state funds;
      c.   Meet a deadline for the promulgation of a commission rule that is established by federal
           law or rule; or
      d.   Protect public health and safety.
                                    H. B. NO. 1622 - PAGE 16
13.   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 must be
      posted on the website of the commission. The revision must be subject to challenge by any
      person for a period of thirty days after posting. The revision may be challenged only on
      grounds the revision results in a material change to a rule. A challenge must 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.
14.   No participating state's rulemaking requirements apply under this compact.
43-17.5-10. Oversight, dispute resolution, and enforcement.
 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.
                                   H. B. NO. 1622 - PAGE 17
     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
                                      H. B. NO. 1622 - PAGE 18
             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.
                                       H. B. NO. 1622 - PAGE 19
         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.
   43-17.5-12. Construction and severability.
    1.   This compact and the commission's rulemaking authority must 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 may not
         be construed to limit the commission's rulemaking authority solely for those purposes.
    2.   The provisions of this compact are 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 are not affected thereby.
    3.   Notwithstanding this section, the commission may deny a state's participation in the compact
         or, in accordance with the requirements of section 43-17.5-10, 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 is held to be contrary to the
         constitution of any participating state, the compact must 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.
   43-17.5-13. Binding effect of compact.
    1.   This compact does not prevent the enforcement of any other law of a participating state that is
         not inconsistent with this compact.
    2.   A law in a participating state in conflict with this compact is superseded to the extent of the
         conflict.
    3.   All agreements between the commission and the participating states are binding in
         accordance with the terms of the agreement.
    SECTION 6. EFFECTIVE DATE. This Act becomes effective upon its filing with the secretary of
state.
                                        H. B. NO. 1622 - PAGE 20
                        ____________________________  ____________________________
                        Speaker of the House  President of the Senate
                        ____________________________  ____________________________
                        Chief Clerk of the House  Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1622.
House Vote:       Yeas 93  Nays 0  Absent 1
Senate Vote:      Yeas 46  Nays 0  Absent 1
                                                                      ____________________________
                                                                      Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2026.
Approved at ________M. on __________________________________________________, 2026.
                                                                      ____________________________
                                                                      Governor
Filed in this office this ___________day of _______________________________________, 2026,
at ________ o’clock ________M.
                                                                      ____________________________
                                                                      Secretary of State

AN ACT to create and enact chapter 43-17.5 of the North Dakota Century Code, relating to the physician assistant licensure compact; to amend and reenact section 43-17-01, subsection 1 of section 43-17-02.1, and sections 43-17-02.2 and 43-17-46 of the North Dakota Century Code, relating to the requirements of physician assistants privileged to practice under the physician assistant licensure compact; and to provide an effective date.

Sponsors

Legislative Management sponsors HB 1622 alone.

Legislative Management

· Sponsor

Committees

HB 1622 went before 1 committee: Policy Committee.

Policy Committee
Policy Committee
Referred to · Jan 21, 2026

History

HB 1622 has taken 15 actions since Jan 21, 2026, the latest on Jan 28, 2026.

ChamberAction
Jan 28, 2026
House
Filed with Secretary Of State 01/23
Jan 23, 2026
Senate
Second reading, passed, yeas 46 nays 0
Jan 23, 2026
House
Returned to House
Jan 23, 2026
Senate
Signed by President
Jan 23, 2026
House
Signed by Speaker

Votes

HB 1622 went to 2 roll calls across both chambers, the latest on Jan 23, 2026 at 46–0.

ChamberQuestion
Yea
Nay
Jan 23, 2026
Senate
Senate Second reading
46
0
Jan 22, 2026
House
House Second reading
93
0

Source: ndlegis.gov · legiscan.com