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Committee hears physician‑assistant interstate compact bill; trial‑lawyer group seeks carve‑out for negligence
Summary
House Bill 183, proposing Montana’s entry into the physician assistant interstate compact, received broad support from health‑care organizations during a Senate Business and Labor Committee hearing. An opponent requested an amendment to the compact’s immunity provisions to cover negligent conduct by the compact commission or its agents.
Representative Jodie Echart presented House Bill 183 to the Senate Business and Labor Committee, asking lawmakers to authorize Montana’s participation in the physician assistant (PA) interstate compact to ease cross‑state licensure for PAs and improve access to care.
The bill drew proponents from health‑care associations and systems, including the Montana Academy of Physician Assistants, the Montana Primary Care Association, Billings Clinic, and AARP Montana, who said compact membership would help recruit and credential PAs more quickly for rural and urban clinics.
Jennifer Hensley, speaking for the Montana Academy of Physician Assistants, and Stacy Anderson of the Montana Primary Care Association emphasized that compact language is largely model boilerplate and can streamline licensing and background checks across participating states. Aden Myhre of Billings Clinic and Kristen Page Nye of AARP Montana also testified in support.
Nikki Esment, representing opponents who asked to preserve the right to amend, raised a specific concern about the compact’s liability protections for the interstate commission and its personnel. She told the committee that subsection 7(a) of the compact, as drafted, grants broad immunity to commission members and staff and leaves harmed licensees with “no opportunity” for redress if errors—such as an incorrect report in a national database—cause harm. Esment asked either that subsection 7(a) be struck or that the language be amended to cover negligent conduct in addition to intentional or willful misconduct.
The sponsor and proponents acknowledged the concern. Representative Echart said she and stakeholders would work with trial‑lawyers and national compact counsel; committee members also asked whether the text was model compact language and who had drafted it. Proponents indicated the draft came from the PA Interstate Compact with assistance from the Council of State Governments (CSG), but supporters said they were reviewing the immunity language and would seek clarification or amendment before final action.
Kevin Bragg, bureau chief for professional licensing, provided informational response that the compact would be administratively attached to the Board of Medical Examiners if enacted and that the department was aware of the immunity concern and had done a preliminary review of Montana’s prior compacts.
No formal action or committee vote was recorded during the hearing; the sponsor closed and the committee ended testimony on HB 183.
