SB1699eng 103RD GENERAL ASSEMBLY

  
  
  

 


 
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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 Sections 8.7 and 33.5 as follows:
 
6    (225 ILCS 90/8.7 new)
7    Sec. 8.7. Criminal history records background check. Each
8applicant for licensure under Sections 8, 8.1, and 11 shall
9have his or her fingerprints submitted to the Illinois State
10Police in an electronic format that complies with the form and
11manner for requesting and furnishing criminal history record
12information as prescribed by the Illinois State Police. These
13fingerprints shall be checked against the Illinois State
14Police and Federal Bureau of Investigation criminal history
15record databases now and hereafter filed. The Illinois State
16Police shall charge applicants a fee for conducting the
17criminal history records check, which shall be deposited into
18the State Police Services Fund and shall not exceed the actual
19cost of the records check. The Illinois State Police shall
20furnish, pursuant to positive identification, records of
21Illinois convictions to the Department. The Department may
22require applicants to pay a separate fingerprinting fee,
23either to the Department or to a vendor designated or approved

 

 

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1by the Department. The Department, in its discretion, may
2allow an applicant or licensee who does not have reasonable
3access to a designated vendor to provide his or her
4fingerprints in an alternative manner. Communication between
5the Department and an interstate compact governing body or
6other entities may not include information received from the
7Federal Bureau of Investigation relating to a State and
8federal criminal history records check. The Department may
9adopt any rules necessary to implement this Section.
 
10    (225 ILCS 90/33.5 new)
11    Sec. 33.5. Physical Therapy Licensure Compact. The State
12of Illinois ratifies and approves the following Compact:
 
13
PHYSICAL THERAPY LICENSURE COMPACT

 
14    SECTION 1. PURPOSE
15    The purpose of this Compact is to facilitate interstate
16practice of physical therapy with the goal of improving public
17access to physical therapy services. The practice of physical
18therapy occurs in the state where the patient/client is
19located at the time of the patient/client encounter. The
20Compact preserves the regulatory authority of states to
21protect public health and safety through the current system of
22state licensure.
23    This Compact is designed to achieve the following

 

 

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1objectives:
2        1. Increase public access to physical therapy services
3    by providing for the mutual recognition of other member
4    state licenses;
5        2. Enhance the states' ability to protect the public's
6    health and safety;
7        3. Encourage the cooperation of member states in
8    regulating multi-state physical therapy practice;
9        4. Support spouses of relocating military members;
10        5. Enhance the exchange of licensure, investigative,
11    and disciplinary information between member states; and
12        6. Allow a remote state to hold a provider of services
13    with a compact privilege in that state accountable to that
14    state's practice standards.
 
15    SECTION 2. DEFINITIONS
16    As used in this Compact, and except as otherwise provided,
17the following definitions shall apply:
18    1. "Active Duty Military" means full-time duty status in
19the active uniformed service of the United States, including
20members of the National Guard and Reserve on active duty
21orders pursuant to 10 U.S.C. Section 1209 and 1211.
22    2. "Adverse Action" means disciplinary action taken by a
23physical therapy licensing board based upon misconduct,
24unacceptable performance, or a combination of both.
25    3. "Alternative Program" means a non-disciplinary

 

 

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1monitoring or practice remediation process approved by a
2physical therapy licensing board. This includes, but is not
3limited to, substance abuse issues.
4    4. "Compact privilege" means the authorization granted by
5a remote state to allow a licensee from another member state to
6practice as a physical therapist or work as a physical
7therapist assistant in the remote state under its laws and
8rules. The practice of physical therapy occurs in the member
9state where the patient/client is located at the time of the
10patient/client encounter.
11    5. "Continuing competence" means a requirement, as a
12condition of license renewal, to provide evidence of
13participation in, and/or completion of, educational and
14professional activities relevant to practice or area of work.
15    6. "Data system" means a repository of information about
16licensees, including examination, licensure, investigative,
17compact privilege, and adverse action.
18    7. "Encumbered license" means a license that a physical
19therapy licensing board has limited in any way.
20    8. "Executive Board" means a group of directors elected or
21appointed to act on behalf of, and within the powers granted to
22them by, the Commission.
23    9. "Home state" means the member state that is the
24licensee's primary state of residence.
25    10. "Investigative information" means information,
26records, and documents received or generated by a physical

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1any other necessary actions to protect the health and safety
2of its citizens. The licensee is not eligible for a compact
3privilege in any state until the specific time for removal has
4passed and all fines are paid.
5    E. If a home state license is encumbered, the licensee
6shall lose the compact privilege in any remote state until the
7following occur:
8        1. The home state license is no longer encumbered; and
9        2. Two years have elapsed from the date of the adverse
10    action.
11    F. Once an encumbered license in the home state is
12restored to good standing, the licensee must meet the
13requirements of Section 4A to obtain a compact privilege in
14any remote state.
15    G. If a licensee's compact privilege in any remote state
16is removed, the individual shall lose the compact privilege in
17any remote state until the following occur:
18        1. The specific period of time for which the compact
19    privilege was removed has ended;
20        2. All fines have been paid; and
21        3. Two years have elapsed from the date of the adverse
22    action.
23    H. Once the requirements of Section 4G have been met, the
24license must meet the requirements in Section 4A to obtain a
25compact privilege in a remote state.
 

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    shall provide a full and accurate summary of actions
2    taken, and the reasons therefore, including a description
3    of the views expressed. All documents considered in
4    connection with an action shall be identified in such
5    minutes. All minutes and documents of a closed meeting
6    shall remain under seal, subject to release by a majority
7    vote of the Commission or order of a court of competent
8    jurisdiction.
9    F. Financing of the Commission
10        1. The Commission shall pay, or provide for the
11    payment of, the reasonable expenses of its establishment,
12    organization, and ongoing activities.
13        2. The Commission may accept any and all appropriate
14    revenue sources, donations, and grants of money,
15    equipment, supplies, materials, and services.
16        3. The Commission may levy on and collect an annual
17    assessment from each member state or impose fees on other
18    parties to cover the cost of the operations and activities
19    of the Commission and its staff, which must be in a total
20    amount sufficient to cover its annual budget as approved
21    each year for which revenue is not provided by other
22    sources. The aggregate annual assessment amount shall be
23    allocated based upon a formula to be determined by the
24    Commission, which shall promulgate a rule binding upon all
25    member states.
26        4. The Commission shall not incur obligations of any

 

 

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1    kind prior to securing the funds adequate to meet the
2    same; nor shall the Commission pledge the credit of any of
3    the member states, except by and with the authority of the
4    member state.
5        5. The Commission shall keep accurate accounts of all
6    receipts and disbursements. The receipts and disbursements
7    of the Commission shall be subject to the audit and
8    accounting procedures established under its bylaws.
9    However, all receipts and disbursements of funds handled
10    by the Commission shall be audited yearly by a certified
11    or licensed public accountant, and the report of the audit
12    shall be included in and become part of the annual report
13    of the Commission.
14    G. Qualified Immunity, Defense, and Indemnification
15        1. The members, officers, executive director,
16    employees and representatives of the Commission shall be
17    immune from suit and liability, either personally or in
18    their official capacity, for any claim for damage to or
19    loss of property or personal injury or other civil
20    liability caused by or arising out of any actual or
21    alleged act, error or omission that occurred, or that the
22    person against whom the claim is made had a reasonable
23    basis for believing occurred within the scope of
24    Commission employment, duties or responsibilities;
25    provided that nothing in this paragraph shall be construed
26    to protect any such person from suit and/or liability for

 

 

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

 

 

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1    responsibilities, provided that the actual or alleged act,
2    error, or omission did not result from the intentional or
3    willful or wanton misconduct of that person.
 
4    SECTION 8. DATA SYSTEM
5    A. The Commission shall provide for the development,
6maintenance, and utilization of a coordinated database and
7reporting system containing licensure, adverse action, and
8investigative information on all licensed individuals in
9member states.
10    B. Notwithstanding any other provision of state law to the
11contrary, a member state shall submit a uniform data set to the
12data system on all individuals to whom this Compact is
13applicable as required by the rules of the Commission,
14including:
15        1. Identifying information;
16        2. Licensure data;
17        3. Adverse actions against a license or compact
18    privilege;
19        4. Non-confidential information related to alternative
20    program participation;
21        5. Any denial of application for licensure, and the
22    reason(s) for such denial; and
23        6. Other information that may facilitate the
24    administration of this Compact, as determined by the rules
25    of the Commission.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1effect as to the party state affected as to all severable
2matters.