SB1699 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1699

 

Introduced 2/8/2023, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 90/33.5 new

    Amends the Illinois Physical Therapy Act. Provides that the State of Illinois ratifies and approves the Physical Therapy Licensure Compact. Provides that the purpose of the Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services, and states that the Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. In the Compact, contains provisions concerning definitions, state participation in the Compact, active duty military personnel and their spouses, adverse actions, establishment of the Physical Therapy Compact Commission, a data system, rulemaking, oversight, dispute resolution, and enforcement, date of implementation, withdrawal, construction, and severability.


LRB103 27684 AMQ 54061 b

 

 

A BILL FOR

 

SB1699LRB103 27684 AMQ 54061 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Physical Therapy Act is amended by
5adding Section 33.5 as follows:
 
6    (225 ILCS 90/33.5 new)
7    Sec. 33.5. Physical Therapy Licensure Compact. The State
8of Illinois ratifies and approves the following Compact:
 
9
PHYSICAL THERAPY LICENSURE COMPACT

 
10    SECTION 1. PURPOSE
11    The purpose of this Compact is to facilitate interstate
12practice of physical therapy with the goal of improving public
13access to physical therapy services. The practice of physical
14therapy occurs in the state where the patient/client is
15located at the time of the patient/client encounter. The
16Compact preserves the regulatory authority of states to
17protect public health and safety through the current system of
18state licensure.
19    This Compact is designed to achieve the following
20objectives:
21        1. Increase public access to physical therapy services

 

 

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1    by providing for the mutual recognition of other member
2    state licenses;
3        2. Enhance the states' ability to protect the public's
4    health and safety;
5        3. Encourage the cooperation of member states in
6    regulating multi-state physical therapy practice;
7        4. Support spouses of relocating military members;
8        5. Enhance the exchange of licensure, investigative,
9    and disciplinary information between member states; and
10        6. Allow a remote state to hold a provider of services
11    with a compact privilege in that state accountable to that
12    state's practice standards.
 
13    SECTION 2. DEFINITIONS
14    As used in this Compact, and except as otherwise provided,
15the following definitions shall apply:
16    1. "Active Duty Military" means full-time duty status in
17the active uniformed service of the United States, including
18members of the National Guard and Reserve on active duty
19orders pursuant to 10 U.S.C. Section 1209 and 1211.
20    2. "Adverse Action" means disciplinary action taken by a
21physical therapy licensing board based upon misconduct,
22unacceptable performance, or a combination of both.
23    3. "Alternative Program" means a non-disciplinary
24monitoring or practice remediation process approved by a
25physical therapy licensing board. This includes, but is not

 

 

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1limited to, substance abuse issues.
2    4. "Compact privilege" means the authorization granted by
3a remote state to allow a licensee from another member state to
4practice as a physical therapist or work as a physical
5therapist assistant in the remote state under its laws and
6rules. The practice of physical therapy occurs in the member
7state where the patient/client is located at the time of the
8patient/client encounter.
9    5. "Continuing competence" means a requirement, as a
10condition of license renewal, to provide evidence of
11participation in, and/or completion of, educational and
12professional activities relevant to practice or area of work.
13    6. "Data system" means a repository of information about
14licensees, including examination, licensure, investigative,
15compact privilege, and adverse action.
16    7. "Encumbered license" means a license that a physical
17therapy licensing board has limited in any way.
18    8. "Executive Board" means a group of directors elected or
19appointed to act on behalf of, and within the powers granted to
20them by, the Commission.
21    9. "Home state" means the member state that is the
22licensee's primary state of residence.
23    10. "Investigative information" means information,
24records, and documents received or generated by a physical
25therapy licensing board pursuant to an investigation.
26    11. "Jurisprudence Requirement" means the assessment of an

 

 

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1individual's knowledge of the laws and rules governing the
2practice of physical therapy in a state.
3    12. "Licensee" means an individual who currently holds an
4authorization from the state to practice as a physical
5therapist or to work as a physical therapist assistant.
6    13. "Member state" means a state that has enacted the
7Compact.
8    14. "Party state" means any member state in which a
9licensee holds a current license or compact privilege or is
10applying for a license or compact privilege.
11    15. "Physical therapist" means an individual who is
12licensed by a state to practice physical therapy.
13    16. "Physical therapist assistant" means an individual who
14is licensed/certified by a state and who assists the physical
15therapist in selected components of physical therapy.
16    17. "Physical therapy," "physical therapy practice," and
17"the practice of physical therapy" mean the care and services
18provided by or under the direction and supervision of a
19licensed physical therapist.
20    18. "Physical Therapy Compact Commission" or "Commission"
21means the national administrative body whose membership
22consists of all states that have enacted the Compact.
23    19. "Physical therapy licensing board" or "licensing
24board" means the agency of a state that is responsible for the
25licensing and regulation of physical therapists and physical
26therapist assistants.

 

 

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1    20. "Remote State" means a member state other than the
2home state, where a licensee is exercising or seeking to
3exercise the compact privilege.
4    21. "Rule" means a regulation, principle, or directive
5promulgated by the Commission that has the force of law.
6    22. "State" means any state, commonwealth, district, or
7territory of the United States of America that regulates the
8practice of physical therapy.
 
9    SECTION 3. STATE PARTICIPATION IN THE COMPACT
10    A. To participate in the Compact, a state must:
11        1. Participate fully in the Commission's data system,
12    including using the Commission's unique identifier as
13    defined in rules;
14        2. Have a mechanism in place for receiving and
15    investigating complaints about licensees;
16        3. Notify the Commission, in compliance with the terms
17    of the Compact and rules, of any adverse action or the
18    availability of investigative information regarding a
19    licensee;
20        4. Fully implement a criminal background check
21    requirement, within a time frame established by rule, by
22    receiving the results of the Federal Bureau of
23    Investigation record search on criminal background checks
24    and use the results in making licensure decisions in
25    accordance with Section 3.B.;

 

 

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1        5. Comply with the rules of the Commission;
2        6. Utilize a recognized national examination as a
3    requirement for licensure pursuant to the rules of the
4    Commission; and
5        7. Have continuing competence requirements as a
6    condition for license renewal.
7    B. Upon adoption of this statute, the member state shall
8have the authority to obtain biometric-based information from
9each physical therapy licensure applicant and submit this
10information to the Federal Bureau of Investigation for a
11criminal background check in accordance with 28 U.S.C. 534
12and 42 U.S.C. 14616.
13    C. A member state shall grant the compact privilege to a
14licensee holding a valid unencumbered license in another
15member state in accordance with the terms of the Compact and
16rules.
17    D. Member states may charge a fee for granting a compact
18privilege
 
19    SECTION 4. COMPACT PRIVILEGE
20    A. To exercise the compact privilege under the terms and
21provisions of the Compact, the licensee shall:
22        1. Hold a license in the home state;
23        2. Have no encumbrance on any state license;
24        3. Be eligible for a compact privilege in any member
25    state in accordance with Section 4D, G and H;

 

 

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1        4. Have not had any adverse action against any license
2    or compact privilege within the previous 2 years;
3        5. Notify the Commission that the licensee is seeking
4    the compact privilege within a remote state(s);
5        6. Pay any applicable fees, including any state fee,
6    for the compact privilege;
7        7. Meet any jurisprudence requirements established by
8    the remote state(s) in which the licensee is seeking a
9    compact privilege; and
10        8. Report to the Commission adverse action taken by
11    any non-member state within 30 days from the date the
12    adverse action is taken.
13    B. The compact privilege is valid until the expiration
14date of the home license. The licensee must comply with the
15requirements of Section 4.A. to maintain the compact privilege
16in the remote state.
17    C. A licensee providing physical therapy in a remote state
18under the compact privilege shall function within the laws and
19regulations of the remote state.
20    D. A licensee providing physical therapy in a remote state
21is subject to that state's regulatory authority. A remote
22state may, in accordance with due process and that state's
23laws, remove a licensee's compact privilege in the remote
24state for a specific period of time, impose fines, and/or take
25any other necessary actions to protect the health and safety
26of its citizens. The licensee is not eligible for a compact

 

 

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1privilege in any state until the specific time for removal has
2passed and all fines are paid.
3    E. If a home state license is encumbered, the licensee
4shall lose the compact privilege in any remote state until the
5following occur:
6        1. The home state license is no longer encumbered; and
7        2. Two years have elapsed from the date of the adverse
8    action.
9    F. Once an encumbered license in the home state is
10restored to good standing, the licensee must meet the
11requirements of Section 4A to obtain a compact privilege in
12any remote state.
13    G. If a licensee's compact privilege in any remote state
14is removed, the individual shall lose the compact privilege in
15any remote state until the following occur:
16        1. The specific period of time for which the compact
17    privilege was removed has ended;
18        2. All fines have been paid; and
19        3. Two years have elapsed from the date of the adverse
20    action.
21    H. Once the requirements of Section 4G have been met, the
22license must meet the requirements in Section 4A to obtain a
23compact privilege in a remote state.
 
24    SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
25    A licensee who is active duty military or is the spouse of

 

 

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1an individual who is active duty military may designate one of
2the following as the home state:
3    A. Home of record;
4    B. Permanent Change of Station (PCS); or
5    C. State of current residence if it is different than the
6PCS state or home of record.
 
7    SECTION 6. ADVERSE ACTIONS
8    A. A home state shall have exclusive power to impose
9adverse action against a license issued by the home state.
10    B. A home state may take adverse action based on the
11investigative information of a remote state, so long as the
12home state follows its own procedures for imposing adverse
13action.
14    C. Nothing in this Compact shall override a member state's
15decision that participation in an alternative program may be
16used in lieu of adverse action and that such participation
17shall remain non-public if required by the member state's
18laws. Member states must require licensees who enter any
19alternative programs in lieu of discipline to agree not to
20practice in any other member state during the term of the
21alternative program without prior authorization from such
22other member state.
23    D. Any member state may investigate actual or alleged
24violations of the statutes and rules authorizing the practice
25of physical therapy in any other member state in which a

 

 

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1physical therapist or physical therapist assistant holds a
2license or compact privilege.
3    E. A remote state shall have the authority to:
4        1. Take adverse actions as set forth in Section 4.D.
5    against a licensee's compact privilege in the state;
6        2. Issue subpoenas for both hearings and
7    investigations that require the attendance and testimony
8    of witnesses, and the production of evidence. Subpoenas
9    issued by a physical therapy licensing board in a party
10    state for the attendance and testimony of witnesses,
11    and/or the production of evidence from another party
12    state, shall be enforced in the latter state by any court
13    of competent jurisdiction, according to the practice and
14    procedure of that court applicable to subpoenas issued in
15    proceedings pending before it. The issuing authority shall
16    pay any witness fees, travel expenses, mileage, and other
17    fees required by the service statutes of the state where
18    the witnesses and/or evidence are located; and
19        3. If otherwise permitted by state law, recover from
20    the licensee the costs of investigations and disposition
21    of cases resulting from any adverse action taken against
22    that licensee.
23    F. Joint Investigations
24        1. In addition to the authority granted to a member
25    state by its respective physical therapy practice act or
26    other applicable state law, a member state may participate

 

 

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1    with other member states in joint investigations of
2    licensees.
3        2. Member states shall share any investigative,
4    litigation, or compliance materials in furtherance of any
5    joint or individual investigation initiated under the
6    Compact.
 
7    SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
8COMMISSION
9    A. The Compact member states hereby create and establish a
10joint public agency known as the Physical Therapy Compact
11Commission:
12        1. The Commission is an instrumentality of the Compact
13    states.
14        2. Venue is proper and judicial proceedings by or
15    against the Commission shall be brought solely and
16    exclusively in a court of competent jurisdiction where the
17    principal office of the Commission is located. The
18    Commission may waive venue and jurisdictional defenses to
19    the extent it adopts or consents to participate in
20    alternative dispute resolution proceedings.
21        3. Nothing in this Compact shall be construed to be a
22    waiver of sovereign immunity.
23    B. Membership, Voting, and Meetings
24        1. Each member state shall have and be limited to one
25    (1) delegate selected by that member state's licensing

 

 

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1    board.
2        2. The delegate shall be a current member of the
3    licensing board, who is a physical therapist, physical
4    therapist assistant, public member, or the board
5    administrator.
6        3. Any delegate may be removed or suspended from
7    office as provided by the law of the state from which the
8    delegate is appointed.
9        4. The member state board shall fill any vacancy
10    occurring in the Commission.
11        5. Each delegate shall be entitled to one (1) vote
12    with regard to the promulgation of rules and creation of
13    bylaws and shall otherwise have an opportunity to
14    participate in the business and affairs of the Commission.
15        6. A delegate shall vote in person or by such other
16    means as provided in the bylaws. The bylaws may provide
17    for delegates' participation in meetings by telephone or
18    other means of communication.
19        7. The Commission shall meet at least once during each
20    calendar year. Additional meetings shall be held as set
21    forth in the bylaws.
22    C. The Commission shall have the following powers and
23duties:
24        1. Establish the fiscal year of the Commission;
25        2. Establish bylaws;
26        3. Maintain its financial records in accordance with

 

 

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1    the bylaws;
2        4. Meet and take such actions as are consistent with
3    the provisions of this Compact and the bylaws;
4        5. Promulgate uniform rules to facilitate and
5    coordinate implementation and administration of this
6    Compact. The rules shall have the force and effect of law
7    and shall be binding in all member states;
8        6. Bring and prosecute legal proceedings or actions in
9    the name of the Commission, provided that the standing of
10    any state physical therapy licensing board to sue or be
11    sued under applicable law shall not be affected;
12        7. Purchase and maintain insurance and bonds;
13        8. Borrow, accept, or contract for services of
14    personnel, including, but not limited to, employees of a
15    member state;
16        9. Hire employees, elect or appoint officers, fix
17    compensation, define duties, grant such individuals
18    appropriate authority to carry out the purposes of the
19    Compact, and to establish the Commission's personnel
20    policies and programs relating to conflicts of interest,
21    qualifications of personnel, and other related personnel
22    matters;
23        10. Accept any and all appropriate donations and
24    grants of money, equipment, supplies, materials and
25    services, and to receive, utilize and dispose of the same;
26    provided that at all times the Commission shall avoid any

 

 

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1    appearance of impropriety and/or conflict of interest;
2        11. Lease, purchase, accept appropriate gifts or
3    donations of, or otherwise to own, hold, improve or use,
4    any property, real, personal or mixed; provided that at
5    all times the Commission shall avoid any appearance of
6    impropriety;
7        12. Sell convey, mortgage, pledge, lease, exchange,
8    abandon, or otherwise dispose of any property real,
9    personal, or mixed;
10        13. Establish a budget and make expenditures;
11        14. Borrow money;
12        15. Appoint committees, including standing committees
13    composed of members, state regulators, state legislators
14    or their representatives, and consumer representatives,
15    and such other interested persons as may be designated in
16    this Compact and the bylaws;
17        16. Provide and receive information from, and
18    cooperate with, law enforcement agencies;
19        17. Establish and elect an Executive Board; and
20        18. Perform such other functions as may be necessary
21    or appropriate to achieve the purposes of this Compact
22    consistent with the state regulation of physical therapy
23    licensure and practice.
24    D. The Executive Board
25    The Executive Board shall have the power to act on behalf
26of the Commission according to the terms of this Compact

 

 

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1        1. The Executive Board shall be composed of nine
2    members:
3            a. Seven voting members who are elected by the
4        Commission from the current membership of the
5        Commission;
6            b. One ex-officio, nonvoting member from the
7        recognized national physical therapy professional
8        association; and
9            c. One ex-officio, nonvoting member from the
10        recognized membership organization of the physical
11        therapy licensing boards.
12        2. The ex-officio members will be selected by their
13    respective organizations.
14        3. The Commission may remove any member of the
15    Executive Board as provided in bylaws.
16        4. The Executive Board shall meet at least annually.
17        5. The Executive Board shall have the following Duties
18    and responsibilities:
19            a. Recommend to the entire Commission changes to
20        the rules or bylaws, changes to this Compact
21        legislation, fees paid by Compact member states such
22        as annual dues, and any commission Compact fee charged
23        to licensees for the compact privilege;
24            b. Ensure Compact administration services are
25        appropriately provided, contractual or otherwise;
26            c. Prepare and recommend the budget;

 

 

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1            d. Maintain financial records on behalf of the
2        Commission;
3            e. Monitor Compact compliance of member states and
4        provide compliance reports to the Commission;
5            f. Establish additional committees as necessary;
6        and
7            g. Other duties as provided in rules or bylaws.
8    E. Meetings of the Commission
9        1. All meetings shall be open to the public, and
10    public notice of meetings shall be given in the same
11    manner as required under the rulemaking provisions in
12    Section 9.
13        2. The Commission or the Executive Board or other
14    committees of the Commission may convene in a closed,
15    non-public meeting if the Commission or Executive Board or
16    other committees of the Commission must discuss:
17            a. Non-compliance of a member state with its
18        obligations under the Compact;
19            b. The employment, compensation, discipline or
20        other matters, practices or procedures related to
21        specific employees or other matters related to the
22        Commission's internal personnel practices and
23        procedures;
24            c. Current, threatened, or reasonably anticipated
25        litigation;
26            d. Negotiation of contracts for the purchase,

 

 

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1        lease, or sale of goods, services, or real estate;
2            e. Accusing any person of a crime or formally
3        censuring any person;
4            f. Disclosure of trade secrets or commercial or
5        financial information that is privileged or
6        confidential;
7            g. Disclosure of information of a personal nature
8        where disclosure would constitute a clearly
9        unwarranted invasion of personal privacy;
10            h. Disclosure of investigative records compiled
11        for law enforcement purposes;
12            i. Disclosure of information related to any
13        investigative reports prepared by or on behalf of or
14        for use of the Commission or other committee charged
15        with responsibility of investigation or determination
16        of compliance issues pursuant to the Compact; or
17            j. Matters specifically exempted from disclosure
18        by federal or member state statute.
19        3. If a meeting, or portion of a meeting, is closed
20    pursuant to this provision, the Commission's legal counsel
21    or designee shall certify that the meeting may be closed
22    and shall reference each relevant exempting provision.
23        4. The Commission shall keep minutes that fully and
24    clearly describe all matters discussed in a meeting and
25    shall provide a full and accurate summary of actions
26    taken, and the reasons therefore, including a description

 

 

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1    of the views expressed. All documents considered in
2    connection with an action shall be identified in such
3    minutes. All minutes and documents of a closed meeting
4    shall remain under seal, subject to release by a majority
5    vote of the Commission or order of a court of competent
6    jurisdiction.
7    F. Financing of the Commission
8        1. The Commission shall pay, or provide for the
9    payment of, the reasonable expenses of its establishment,
10    organization, and ongoing activities.
11        2. The Commission may accept any and all appropriate
12    revenue sources, donations, and grants of money,
13    equipment, supplies, materials, and services.
14        3. The Commission may levy on and collect an annual
15    assessment from each member state or impose fees on other
16    parties to cover the cost of the operations and activities
17    of the Commission and its staff, which must be in a total
18    amount sufficient to cover its annual budget as approved
19    each year for which revenue is not provided by other
20    sources. The aggregate annual assessment amount shall be
21    allocated based upon a formula to be determined by the
22    Commission, which shall promulgate a rule binding upon all
23    member states.
24        4. The Commission shall not incur obligations of any
25    kind prior to securing the funds adequate to meet the
26    same; nor shall the Commission pledge the credit of any of

 

 

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1    the member states, except by and with the authority of the
2    member state.
3        5. The Commission shall keep accurate accounts of all
4    receipts and disbursements. The receipts and disbursements
5    of the Commission shall be subject to the audit and
6    accounting procedures established under its bylaws.
7    However, all receipts and disbursements of funds handled
8    by the Commission shall be audited yearly by a certified
9    or licensed public accountant, and the report of the audit
10    shall be included in and become part of the annual report
11    of the Commission.
12    G. Qualified Immunity, Defense, and Indemnification
13        1. The members, officers, executive director,
14    employees and representatives of the Commission shall be
15    immune from suit and liability, either personally or in
16    their official capacity, for any claim for damage to or
17    loss of property or personal injury or other civil
18    liability caused by or arising out of any actual or
19    alleged act, error or omission that occurred, or that the
20    person against whom the claim is made had a reasonable
21    basis for believing occurred within the scope of
22    Commission employment, duties or responsibilities;
23    provided that nothing in this paragraph shall be construed
24    to protect any such person from suit and/or liability for
25    any damage, loss, injury, or liability caused by the
26    intentional or willful or wanton misconduct of that

 

 

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1    person.
2        2. The Commission shall defend any member, officer,
3    executive director, employee or representative of the
4    Commission in any civil action seeking to impose liability
5    arising out of any actual or alleged act, error, or
6    omission that occurred within the scope of Commission
7    employment, duties, or responsibilities, or that the
8    person against whom the claim is made had a reasonable
9    basis for believing occurred within the scope of
10    Commission employment, duties, or responsibilities;
11    provided that nothing herein shall be construed to
12    prohibit that person from retaining his or her own
13    counsel; and provided further, that the actual or alleged
14    act, error, or omission did not result from that person's
15    intentional or willful or wanton misconduct.
16        3. The Commission shall indemnify and hold harmless
17    any member, officer, executive director, employee, or
18    representative of the Commission for the amount of any
19    settlement or judgment obtained against that person
20    arising out of any actual or alleged act, error or
21    omission that occurred within the scope of Commission
22    employment, duties, or responsibilities, or that such
23    person had a reasonable basis for believing occurred
24    within the scope of Commission employment, duties, or
25    responsibilities, provided that the actual or alleged act,
26    error, or omission did not result from the intentional or

 

 

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1    willful or wanton misconduct of that person.
 
2    SECTION 8. DATA SYSTEM
3    A. The Commission shall provide for the development,
4maintenance, and utilization of a coordinated database and
5reporting system containing licensure, adverse action, and
6investigative information on all licensed individuals in
7member states.
8    B. Notwithstanding any other provision of state law to the
9contrary, a member state shall submit a uniform data set to the
10data system on all individuals to whom this Compact is
11applicable as required by the rules of the Commission,
12including:
13        1. Identifying information;
14        2. Licensure data;
15        3. Adverse actions against a license or compact
16    privilege;
17        4. Non-confidential information related to alternative
18    program participation;
19        5. Any denial of application for licensure, and the
20    reason(s) for such denial; and
21        6. Other information that may facilitate the
22    administration of this Compact, as determined by the rules
23    of the Commission.
24    C. Investigative information pertaining to a licensee in
25any member state will only be available to other party states.

 

 

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1    D. The Commission shall promptly notify all member states
2of any adverse action taken against a licensee or an
3individual applying for a license. Adverse action information
4pertaining to a licensee in any member state will be available
5to any other member state.
6    E. Member states contributing information to the data
7system may designate information that may not be shared with
8the public without the express permission of the contributing
9state.
10    F. Any information submitted to the data system that is
11subsequently required to be expunged by the laws of the member
12state contributing the information shall be removed from the
13data system.
 
14    SECTION 9. RULEMAKING
15    A. The Commission shall exercise its rulemaking powers
16pursuant to the criteria set forth in this Section and the
17rules adopted thereunder. Rules and amendments shall become
18binding as of the date specified in each rule or amendment.
19    B. If a majority of the legislatures of the member states
20rejects a rule, by enactment of a statute or resolution in the
21same manner used to adopt the Compact within 4 years of the
22date of adoption of the rule, then such rule shall have no
23further force and effect in any member state.
24    C. Rules or amendments to the rules shall be adopted at a
25regular or special meeting of the Commission.

 

 

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1    D. Prior to promulgation and adoption of a final rule or
2rules by the Commission, and at least thirty (30) days in
3advance of the meeting at which the rule will be considered and
4voted upon, the Commission shall file a Notice of Proposed
5Rulemaking:
6        1. On the website of the Commission or other publicly
7    accessible platform; and
8        2. On the website of each member state physical
9    therapy licensing board or other publicly accessible
10    platform or the publication in which each state would
11    otherwise publish proposed rules.
12    E. The Notice of Proposed Rulemaking shall include:
13        1. The proposed time, date, and location of the
14    meeting in which the rule will be considered and voted
15    upon;
16        2. The text of the proposed rule or amendment and the
17    reason for the proposed rule;
18        3. A request for comments on the proposed rule from
19    any interested person; and
20        4. The manner in which interested persons may submit
21    notice to the Commission of their intention to attend the
22    public hearing and any written comments.
23    F. Prior to adoption of a proposed rule, the Commission
24shall allow persons to submit written data, facts, opinions,
25and arguments, which shall be made available to the public.
26    G. The Commission shall grant an opportunity for a public

 

 

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1hearing before it adopts a rule or amendment if a hearing is
2requested by:
3        1. At least twenty-five (25) persons;
4        2. A state or federal governmental subdivision or
5    agency; or
6        3. An association having at least twenty-five (25)
7    members.
8    H. If a hearing is held on the proposed rule or amendment,
9the Commission shall publish the place, time, and date of the
10scheduled public hearing. If the hearing is held via
11electronic means, the Commission shall publish the mechanism
12for access to the electronic hearing.
13        1. All persons wishing to be heard at the hearing
14    shall notify the executive director of the Commission or
15    other designated member in writing of their desire to
16    appear and testify at the hearing not less than five (5)
17    business days before the scheduled date of the hearing.
18        2. Hearings shall be conducted in a manner providing
19    each person who wishes to comment a fair and reasonable
20    opportunity to comment orally or in writing.
21        3. All hearings will be recorded. A copy of the
22    recording will be made available on request.
23        4. Nothing in this section shall be construed as
24    requiring a separate hearing on each rule. Rules may be
25    grouped for the convenience of the Commission at hearings
26    required by this Section.

 

 

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1    I. Following the scheduled hearing date, or by the close
2of business on the scheduled hearing date if the hearing was
3not held, the Commission shall consider all written and oral
4comments received.
5    J. If no written notice of intent to attend the public
6hearing by interested parties is received, the Commission may
7proceed with promulgation of the proposed rule without a
8public hearing.
9    K. The Commission shall, by majority vote of all members,
10take final action on the proposed rule and shall determine the
11effective date of the rule, if any, based on the rulemaking
12record and the full text of the rule.
13    L. Upon determination that an emergency exists, the
14Commission may consider and adopt an emergency rule without
15prior notice, opportunity for comment, or hearing, provided
16that the usual rulemaking procedures provided in the Compact
17and in this section shall be retroactively applied to the rule
18as soon as reasonably possible, in no event later than ninety
19(90) days after the effective date of the rule. For the
20purposes of this provision, an emergency rule is one that must
21be adopted immediately in order to:
22        1. Meet an imminent threat to public health, safety,
23    or welfare;
24        2. Prevent a loss of Commission or member state funds;
25        3. Meet a deadline for the promulgation of an
26    administrative rule that is established by federal law or

 

 

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1    rule; or
2        4. Protect public health and safety.
3    M. The Commission or an authorized committee of the
4Commission may direct revisions to a previously adopted rule
5or amendment for purposes of correcting typographical errors,
6errors in format, errors in consistency, or grammatical
7errors. Public notice of any revisions shall be posted on the
8website of the Commission. The revision shall be subject to
9challenge by any person for a period of thirty (30) days after
10posting. The revision may be challenged only on grounds that
11the revision results in a material change to a rule. A
12challenge shall be made in writing, and delivered to the chair
13of the Commission prior to the end of the notice period. If no
14challenge is made, the revision will take effect without
15further action. If the revision is challenged, the revision
16may not take effect without the approval of the Commission.
 
17    SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
18    A. Oversight
19        1. The executive, legislative, and judicial branches
20    of state government in each member state shall enforce
21    this Compact and take all actions necessary and
22    appropriate to effectuate the Compact's purposes and
23    intent. The provisions of this Compact and the rules
24    promulgated hereunder shall have standing as statutory
25    law.

 

 

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1        2. All courts shall take judicial notice of the
2    Compact and the rules in any judicial or administrative
3    proceeding in a member state pertaining to the subject
4    matter of this Compact which may affect the powers,
5    responsibilities or actions of the Commission.
6        3. The Commission shall be entitled to receive service
7    of process in any such proceeding, and shall have standing
8    to intervene in such a proceeding for all purposes.
9    Failure to provide service of process to the Commission
10    shall render a judgment or order void as to the
11    Commission, this Compact, or promulgated rules.
12    B. Default, Technical Assistance, and Termination
13        1. If the Commission determines that a member state
14    has defaulted in the performance of its obligations or
15    responsibilities under this Compact or the promulgated
16    rules, the Commission shall:
17            a. Provide written notice to the defaulting state
18        and other member states of the nature of the default,
19        the proposed means of curing the default and/or any
20        other action to be taken by the Commission; and
21            b. Provide remedial training and specific
22        technical assistance regarding the default.
23        2. If a state in default fails to cure the default, the
24    defaulting state may be terminated from the Compact upon
25    an affirmative vote of a majority of the member states,
26    and all rights, privileges and benefits conferred by this

 

 

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1    Compact may be terminated on the effective date of
2    termination. A cure of the default does not relieve the
3    offending state of obligations or liabilities incurred
4    during the period of default.
5        3. Termination of membership in the Compact shall be
6    imposed only after all other means of securing compliance
7    have been exhausted. Notice of intent to suspend or
8    terminate shall be given by the Commission to the
9    governor, the majority and minority leaders of the
10    defaulting state's legislature, and each of the member
11    states.
12        4. A state that has been terminated is responsible for
13    all assessments, obligations, and liabilities incurred
14    through the effective date of termination, including
15    obligations that extend beyond the effective date of
16    termination.
17        5. The Commission shall not bear any costs related to
18    a state that is found to be in default or that has been
19    terminated from the Compact, unless agreed upon in writing
20    between the Commission and the defaulting state.
21        6. The defaulting state may appeal the action of the
22    Commission by petitioning the U.S. District Court for the
23    District of Columbia or the federal district where the
24    Commission has its principal offices. The prevailing
25    member shall be awarded all costs of such litigation,
26    including reasonable attorney's fees.

 

 

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1    C. Dispute Resolution
2        1. Upon request by a member state, the Commission
3    shall attempt to resolve disputes related to the Compact
4    that arise among member states and between member and
5    non-member states.
6        2. The Commission shall promulgate a rule providing
7    for both mediation and binding dispute resolution for
8    disputes as appropriate.
9    D. Enforcement
10        1. The Commission, in the reasonable exercise of its
11    discretion, shall enforce the provisions and rules of this
12    Compact.
13        2. By majority vote, the Commission may initiate legal
14    action in the United States District Court for the
15    District of Columbia or the federal district where the
16    Commission has its principal offices against a member
17    state in default to enforce compliance with the provisions
18    of the Compact and its promulgated rules and bylaws. The
19    relief sought may include both injunctive relief and
20    damages. In the event judicial enforcement is necessary,
21    the prevailing member shall be awarded all costs of such
22    litigation, including reasonable attorney's fees.
23        3. The remedies herein shall not be the exclusive
24    remedies of the Commission. The Commission may pursue any
25    other remedies available under federal or state law.
 

 

 

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1    SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE
2COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,
3WITHDRAWAL, AND AMENDMENT
4    A. The Compact shall come into effect on the date on which
5the Compact statute is enacted into law in the tenth member
6state. The provisions, which become effective at that time,
7shall be limited to the powers granted to the Commission
8relating to assembly and the promulgation of rules.
9Thereafter, the Commission shall meet and exercise rulemaking
10powers necessary to the implementation and administration of
11the Compact.
12    B. Any state that joins the Compact subsequent to the
13Commission's initial adoption of the rules shall be subject to
14the rules as they exist on the date on which the Compact
15becomes law in that state. Any rule that has been previously
16adopted by the Commission shall have the full force and effect
17of law on the day the Compact becomes law in that state.
18    C. Any member state may withdraw from this Compact by
19enacting a statute repealing the same.
20        1. A member state's withdrawal shall not take effect
21    until six (6) months after enactment of the repealing
22    statute.
23        2. Withdrawal shall not affect the continuing
24    requirement of the withdrawing state's physical therapy
25    licensing board to comply with the investigative and
26    adverse action reporting requirements of this act prior to

 

 

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1    the effective date of withdrawal.
2    D. Nothing contained in this Compact shall be construed to
3invalidate or prevent any physical therapy licensure agreement
4or other cooperative arrangement between a member state and a
5non-member state that does not conflict with the provisions of
6this Compact.
7    E. This Compact may be amended by the member states. No
8amendment to this Compact shall become effective and binding
9upon any member state until it is enacted into the laws of all
10member states.
 
11    SECTION 12. CONSTRUCTION AND SEVERABILITY
12    This Compact shall be liberally construed so as to
13effectuate the purposes thereof. The provisions of this
14Compact shall be severable and if any phrase, clause, sentence
15or provision of this Compact is declared to be contrary to the
16constitution of any party state or of the United States or the
17applicability thereof to any government, agency, person or
18circumstance is held invalid, the validity of the remainder of
19this Compact and the applicability thereof to any government,
20agency, person or circumstance shall not be affected thereby.
21If this Compact shall be held contrary to the constitution of
22any party state, the Compact shall remain in full force and
23effect as to the remaining party states and in full force and
24effect as to the party state affected as to all severable
25matters.