PRINTER'S NO. 771
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
640
Session of
2019
INTRODUCED BY BOSCOLA, SANTARSIERO, TARTAGLIONE, GORDNER,
PHILLIPS-HILL, J. WARD AND K. WARD, MAY 10, 2019
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MAY 10, 2019
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the
Physical Therapy Licensure Compact; and providing for the
form of the compact.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Physical
Therapy Licensure Compact Act.
Section 2. Authority to execute compact.
The Governor, on behalf of the Commonwealth, is hereby
authorized to execute a compact in substantially the following
form with any one or more of the states of the United States,
and the General Assembly hereby signifies in advance its
approval and ratification of such compact:
PHYSICAL THERAPY LICENSURE COMPACT
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate interstate practice
of physical therapy with the goal of improving public access to
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physical therapy services. The practice of physical therapy
occurs in the state where the patient/client is located at the
time of the patient/client encounter. The Compact preserves the
regulatory authority of states to protect public health and
safety through the current system of state licensure.
This Compact is designed to achieve the following objectives:
1. Increase public access to physical therapy services by
providing for the mutual recognition of other member
state licenses;
2. Enhance the states' ability to protect the public's
health and safety;
3. Encourage the cooperation of member states in regulating
multi-state physical therapy practice;
4. Support spouses of relocating military members;
5. Enhance the exchange of licensure, investigative, and
disciplinary information between member states; and
6. Allow a remote state to hold a provider of services with
a compact privilege in that state accountable to that
state's practice standards.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, the
following definitions shall apply:
1. "Active duty military" means full-time duty status in the
active uniformed service of the United States, including
members of the National Guard and Reserve on active duty
orders pursuant to 10 U.S.C. Section 1209 and 1211.
2. "Adverse action" means disciplinary action taken by a
physical therapy licensing board based upon misconduct,
unacceptable performance, or a combination of both.
3. "Alternative program" means a non-disciplinary monitoring
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or practice remediation process approved by a physical
therapy licensing board. This includes, but is not
limited to, substance abuse issues.
4. "Compact privilege" means the authorization granted by a
remote state to allow a licensee from another member
state to practice as a physical therapist or work as a
physical therapist assistant in the remote state under
its laws and rules. The practice of physical therapy
occurs in the member state where the patient/client is
located at the time of the patient/client encounter.
5. "Continuing competence" means a requirement, as a
condition of license renewal, to provide evidence of
participation in, and/or completion of, educational and
professional activities relevant to practice or area of
work.
6. "Data system" means a repository of information about
licensees, including examination, licensure,
investigative, compact privilege, and adverse action.
7. "Encumbered license" means a license that a physical
therapy licensing board has limited in any way.
8. "Executive Board" means a group of directors elected or
appointed to act on behalf of, and within the powers
granted to them by, the Commission.
9. "Home state" means the member state that is the
licensee's primary state of residence.
10. "Investigative information" means information, records,
and documents received or generated by a physical therapy
licensing board pursuant to an investigation.
11. "Jurisprudence requirement" means the assessment of an
individual's knowledge of the laws and rules governing
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the practice of physical therapy in a state.
12. "Licensee" means an individual who currently holds an
authorization from the state to practice as a physical
therapist or to work as a physical therapist assistant.
13. "Member state" means a state that has enacted the
Compact.
14. "Party state" means any member state in which a licensee
holds a current license or compact privilege or is
applying for a license or compact privilege.
15. "Physical therapist" means an individual who is licensed
by a state to practice physical therapy.
16. "Physical therapist assistant" means an individual who
is licensed/certified by a state and who assists the
physical therapist in selected components of physical
therapy.
17. "Physical therapy," "physical therapy practice," and
"the practice of physical therapy" mean the care and
services provided by or under the direction and
supervision of a licensed physical therapist.
18. "Physical Therapy Compact Commission" or "Commission"
means the national administrative body whose membership
consists of all states that have enacted the Compact.
19. "Physical therapy licensing board" or "licensing board"
means the agency of a state that is responsible for the
licensing and regulation of physical therapists and
physical therapist assistants.
20. "Remote state" means a member state other than the home
state, where a licensee is exercising or seeking to
exercise the compact privilege.
21. "Rule" means a regulation, principle, or directive
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promulgated by the Commission that has the force of law.
22. "State" means any state, commonwealth, district, or
territory of the United States of America that regulates
the practice of physical therapy.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To participate in the Compact, a state must:
1. Participate fully in the Commission's data system,
including using the Commission's unique identifier as
defined in rules;
2. Have a mechanism in place for receiving and
investigating complaints about licensees;
3. Notify the Commission, in compliance with the terms
of the Compact and rules, of any adverse action or
the availability of investigative information
regarding a licensee;
4. Fully implement a criminal background check
requirement, within a time frame established by rule,
by receiving the results of the Federal Bureau of
Investigation record search on criminal background
checks and use the results in making licensure
decisions in accordance with Section 3B;
5. Comply with the rules of the Commission;
6. Utilize a recognized national examination as a
requirement for licensure pursuant to the rules of
the Commission; and
7. Have continuing competence requirements as a
condition for license renewal.
B. Upon adoption of this statute, the member state shall
have the authority to obtain biometric-based information from
each physical therapy licensure applicant and submit this
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information to the Federal Bureau of Investigation for a
criminal background check in accordance with 28 U.S.C. §534 and
42 U.S.C. §14616.
C. A member state shall grant the compact privilege to a
licensee holding a valid unencumbered license in another member
state in accordance with the terms of the Compact and rules.
D. Member states may charge a fee for granting a compact
privilege.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the compact privilege under the terms and
provisions of the Compact, the licensee shall:
1. Hold a license in the home state;
2. Have no encumbrance on any state license;
3. Be eligible for a compact privilege in any member
state in accordance with Section 4D, G and H;
4. Have not had any adverse action against any license
or compact privilege within the previous 2 years;
5. Notify the Commission that the licensee is seeking
the compact privilege within a remote state(s);
6. Pay any applicable fees, including any state fee, for
the compact privilege;
7. Meet any jurisprudence requirements established by
the remote state(s) in which the licensee is seeking
a compact privilege; and
8. Report to the Commission adverse action taken by any
non-member state within 30 days from the date the
adverse action is taken.
B. The compact privilege is valid until the expiration date
of the home license. The licensee must comply with the
requirements of Section 4A to maintain the compact privilege in
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the remote state.
C. A licensee providing physical therapy in a remote state
under the compact privilege shall function within the laws and
regulations of the remote state.
D. A licensee providing physical therapy in a remote state
is subject to that state's regulatory authority. A remote state
may, in accordance with due process and that state's laws,
remove a licensee's compact privilege in the remote state for a
specific period of time, impose fines, and/or take any other
necessary actions to protect the health and safety of its
citizens. The licensee is not eligible for a compact privilege
in any state until the specific time for removal has passed and
all fines are paid.
E. If a home state license is encumbered, the licensee shall
lose the compact privilege in any remote state until the
following occur:
1. The home state license is no longer encumbered; and
2. Two years have elapsed from the date of the adverse
action.
F. Once an encumbered license in the home state is restored
to good standing, the licensee must meet the requirements of
Section 4A to obtain a compact privilege in any remote state.
G. If a licensee's compact privilege in any remote state is
removed, the individual shall lose the compact privilege in any
remote state until the following occur:
1. The specific period of time for which the compact
privilege was removed has ended;
2. All fines have been paid; and
3. Two years have elapsed from the date of the adverse
action.
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H. Once the requirements of Section 4G have been met, the
license must meet the requirements in Section 4A to obtain a
compact privilege in a remote state.
SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
A licensee who is active duty military or is the spouse of an
individual who is active duty military may designate one of the
following as the home state:
A. Home of record;
B. Permanent Change of Station (PCS); or
C. State of current residence if it is different than the
PCS state or home of record.
SECTION 6. ADVERSE ACTIONS
A. A home state shall have exclusive power to impose adverse
action against a license issued by the home state.
B. A home state may take adverse action based on the
investigative information of a remote state, so long as the home
state follows its own procedures for imposing adverse action.
C. Nothing in this Compact shall override a member state's
decision that participation in an alternative program may be
used in lieu of adverse action and that such participation shall
remain non-public if required by the member state's laws. Member
states must require licensees who enter any alternative programs
in lieu of discipline to agree not to practice in any other
member state during the term of the alternative program without
prior authorization from such other member state.
D. Any member state may investigate actual or alleged
violations of the statutes and rules authorizing the practice of
physical therapy in any other member state in which a physical
therapist or physical therapist assistant holds a license or
compact privilege.
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E. A remote state shall have the authority to:
1. Take adverse actions as set forth in Section 4D
against a licensee's compact privilege in the state;
2. Issue subpoenas for both hearings and investigations
that require the attendance and testimony of
witnesses, and the production of evidence. Subpoenas
issued by a physical therapy licensing board in a
party state for the attendance and testimony of
witnesses, and/or the production of evidence from
another party state, shall be enforced in the latter
state by any court of competent jurisdiction,
according to the practice and procedure of that court
applicable to subpoenas issued in proceedings pending
before it. The issuing authority shall pay any
witness fees, travel expenses, mileage, and other
fees required by the service statutes of the state
where the witnesses and/or evidence are located; and
3. If otherwise permitted by state law, recover from the
licensee the costs of investigations and disposition
of cases resulting from any adverse action taken
against that licensee.
F. Joint Investigations
1. In addition to the authority granted to a member
state by its respective physical therapy practice act
or other applicable state law, a member state may
participate with other member states in joint
investigations of licensees.
2. Member states shall share any investigative,
litigation, or compliance materials in furtherance of
any joint or individual investigation initiated under
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the Compact.
SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
COMMISSION.
A. The Compact member states hereby create and establish a
joint public agency known as the Physical Therapy Compact
Commission:
1. The Commission is an instrumentality of the Compact
states.
2. Venue is proper and judicial proceedings by or
against the Commission shall be brought solely and
exclusively in a court of competent jurisdiction
where the principal office of the Commission is
located. The Commission may waive venue and
jurisdictional defenses to the extent it adopts or
consents to participate in alternative dispute
resolution proceedings.
3. Nothing in this Compact shall be construed to be a
waiver of sovereign immunity.
B. Membership, Voting, and Meetings
1. Each member state shall have and be limited to one
(1) delegate selected by that member state's
licensing board.
2. The delegate shall be a current member of the
licensing board, who is a physical therapist,
physical therapist assistant, public member, or the
board administrator.
3. Any delegate may be removed or suspended from office
as provided by the law of the state from which the
delegate is appointed.
4. The member state board shall fill any vacancy
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occurring in the Commission.
5. Each delegate shall be entitled to one (1) vote with
regard to the promulgation of rules and creation of
bylaws and shall otherwise have an opportunity to
participate in the business and affairs of the
Commission.
6. A delegate shall vote in person or by such other
means as provided in the bylaws. The bylaws may
provide for delegates' participation in meetings by
telephone or other means of communication.
7. The Commission shall meet at least once during each
calendar year. Additional meetings shall be held as
set forth in the bylaws.
C. The Commission shall have the following powers and
duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Maintain its financial records in accordance with the
bylaws;
4. Meet and take such actions as are consistent with the
provisions of this Compact and the bylaws;
5. Promulgate uniform rules to facilitate and coordinate
implementation and administration of this Compact.
The rules shall have the force and effect of law and
shall be binding in all member states;
6. Bring and prosecute legal proceedings or actions in
the name of the Commission, provided that the
standing of any state physical therapy licensing
board to sue or be sued under applicable law shall
not be affected;
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7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of
personnel, including, but not limited to, employees
of a member state;
9. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of
the Compact, and to establish the Commission's
personnel policies and programs relating to conflicts
of interest, qualifications of personnel, and other
related personnel matters;
10. Accept any and all appropriate donations and grants
of money, equipment, supplies, materials and
services, and to receive, utilize and dispose of the
same; provided that at all times the Commission shall
avoid any appearance of impropriety and/or conflict
of interest;
11. Lease, purchase, accept appropriate gifts or
donations of, or otherwise to own, hold, improve or
use, any property, real, personal or mixed; provided
that at all times the Commission shall avoid any
appearance of impropriety;
12. Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real,
personal, or mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing committees
comprising of members, state regulators, state
legislators or their representatives, and consumer
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representatives, and such other interested persons as
may be designated in this Compact and the bylaws;
16. Provide and receive information from, and cooperate
with, law enforcement agencies;
17. Establish and elect an Executive Board; and
18. Perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact
consistent with the state regulation of physical
therapy licensure and practice.
D. The Executive Board
The Executive Board shall have the power to act on behalf of the
Commission according to the terms of this Compact
1. The Executive Board shall be comprised of nine
members:
a. Seven voting members who are elected by the
Commission from the current membership of the
Commission;
b. One ex-officio, nonvoting member from the
recognized national physical therapy professional
association; and
c. One ex-officio, nonvoting member from the
recognized membership organization of the physical
therapy licensing boards.
2. The ex-officio members will be selected by their
respective organizations.
3. The Commission may remove any member of the Executive
Board as provided in bylaws.
4. The Executive Board shall meet at least annually.
5. The Executive Board shall have the following duties
and responsibilities:
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a. Recommend to the entire Commission changes to the
rules or bylaws, changes to this Compact
legislation, fees paid by Compact member states
such as annual dues, and any commission Compact
fee charged to licensees for the compact
privilege;
b. Ensure Compact administration services are
appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the
Commission;
e. Monitor Compact compliance of member states and
provide compliance reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
E. Meetings of the Commission
1. All meetings shall be open to the public, and public
notice of meetings shall be given in the same manner
as required under the rulemaking provisions in
Section 9.
2. The Commission or the Executive Board or other
committees of the Commission may convene in a closed,
non-public meeting if the Commission or Executive
Board or other committees of the Commission must
discuss:
a. Non-compliance of a member state with its
obligations under the Compact;
b. The employment, compensation, discipline or other
matters, practices or procedures related to
specific employees or other matters related to the
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Commission's internal personnel practices and
procedures;
c. Current, threatened, or reasonably anticipated
litigation;
d. Negotiation of contracts for the purchase, lease,
or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally
censuring any person;
f. Disclosure of trade secrets or commercial or
financial information that is privileged or
confidential;
g. Disclosure of information of a personal nature
where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for
law enforcement purposes;
i. Disclosure of information related to any
investigative reports prepared by or on behalf of
or for use of the Commission or other committee
charged with responsibility of investigation or
determination of compliance issues pursuant to the
Compact; or
j. Matters specifically exempted from disclosure by
federal or member state statute.
3. If a meeting, or portion of a meeting, is closed
pursuant to this provision, the Commission's legal
counsel or designee shall certify that the meeting
may be closed and shall reference each relevant
exempting provision.
4. The Commission shall keep minutes that fully and
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clearly describe all matters discussed in a meeting
and shall provide a full and accurate summary of
actions taken, and the reasons therefore, including a
description of the views expressed. All documents
considered in connection with an action shall be
identified in such minutes. All minutes and documents
of a closed meeting shall remain under seal, subject
to release by a majority vote of the Commission or
order of a court of competent jurisdiction.
F. Financing of the Commission
1. The Commission shall pay, or provide for the payment
of, the reasonable expenses of its establishment,
organization, and ongoing activities.
2. The Commission may accept any and all appropriate
revenue sources, donations, and grants of money,
equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual
assessment from each member state or impose fees on
other parties to cover the cost of the operations and
activities of the Commission and its staff, which
must be in a total amount sufficient to cover its
annual budget as approved each year for which revenue
is not provided by other sources. The aggregate
annual assessment amount shall be allocated based
upon a formula to be determined by the Commission,
which shall promulgate a rule binding upon all member
states.
4. The Commission shall not incur obligations of any
kind prior to securing the funds adequate to meet the
same; nor shall the Commission pledge the credit of
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any of the member states, except by and with the
authority of the member state.
5. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and
disbursements of the Commission shall be subject to
the audit and accounting procedures established under
its bylaws. However, all receipts and disbursements
of funds handled by the Commission shall be audited
yearly by a certified or licensed public accountant,
and the report of the audit shall be included in and
become part of the annual report of the Commission.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees
and representatives of the Commission shall be immune
from suit and liability, either personally or in
their official capacity, for any claim for damage to
or loss of property or personal injury or other civil
liability caused by or arising out of any actual or
alleged act, error or omission that occurred, or that
the person against whom the claim is made had a
reasonable basis for believing occurred within the
scope of Commission employment, duties or
responsibilities; provided that nothing in this
paragraph shall be construed to protect any such
person from suit and/or liability for any damage,
loss, injury, or liability caused by the intentional
or willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer,
executive director, employee or representative of the
Commission in any civil action seeking to impose
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liability arising out of any actual or alleged act,
error, or omission that occurred within the scope of
Commission employment, duties, or responsibilities,
or that the person against whom the claim is made had
a reasonable basis for believing occurred within the
scope of Commission employment, duties, or
responsibilities; provided that nothing herein shall
be construed to prohibit that person from retaining
his or her own counsel; and provided further, that
the actual or alleged act, error, or omission did not
result from that person's intentional or willful or
wanton misconduct.
3. The Commission shall indemnify and hold harmless any
member, officer, executive director, employee, or
representative of the Commission for the amount of
any settlement or judgment obtained against that
person arising out of any actual or alleged act,
error or omission that occurred within the scope of
Commission employment, duties, or responsibilities,
or that such person had a reasonable basis for
believing occurred within the scope of Commission
employment, duties, or responsibilities, provided
that the actual or alleged act, error, or omission
did not result from the intentional or willful or
wanton misconduct of that person.
SECTION 8. DATA SYSTEM
A. The Commission shall provide for the development,
maintenance, and utilization of a coordinated database and
reporting system containing licensure, adverse action, and
investigative information on all licensed individuals in member
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states.
B. Notwithstanding any other provision of state law to the
contrary, a member state shall submit a uniform data set to the
data system on all individuals to whom this Compact is
applicable as required by the rules of the Commission,
including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or compact
privilege;
4. Non-confidential information related to alternative
program participation;
5. Any denial of application for licensure, and the
reason(s) for such denial; and
6. Other information that may facilitate the
administration of this Compact, as determined by the
rules of the Commission.
C. Investigative information pertaining to a licensee in any
member state will only be available to other party states.
D. The Commission shall promptly notify all member states of
any adverse action taken against a licensee or an individual
applying for a license. Adverse action information pertaining to
a licensee in any member state will be available to any other
member state.
E. Member states contributing information to the data system
may designate information that may not be shared with the public
without the express permission of the contributing state.
F. Any information submitted to the data system that is
subsequently required to be expunged by the laws of the member
state contributing the information shall be removed from the
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data system.
SECTION 9. RULEMAKING
A. The Commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this Section and the rules
adopted thereunder. Rules and amendments shall become binding as
of the date specified in each rule or amendment.
B. If a majority of the legislatures of the member states
rejects a rule, by enactment of a statute or resolution in the
same manner used to adopt the Compact within 4 years of the date
of adoption of the rule, then such rule shall have no further
force and effect in any member state.
C. Rules or amendments to the rules shall be adopted at a
regular or special meeting of the Commission.
D. Prior to promulgation and adoption of a final rule or
rules by the Commission, and at least thirty (30) days in
advance of the meeting at which the rule will be considered and
voted upon, the Commission shall file a Notice of Proposed
Rulemaking:
1. On the website of the Commission or other publicly
accessible platform; and
2. On the website of each member state physical therapy
licensing board or other publicly accessible platform
or the publication in which each state would
otherwise publish proposed rules.
E. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting
in which the rule will be considered and voted upon;
2. The text of the proposed rule or amendment and the
reason for the proposed rule;
3. A request for comments on the proposed rule from any
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interested person; and
4. The manner in which interested persons may submit
notice to the Commission of their intention to attend
the public hearing and any written comments.
F. Prior to adoption of a proposed rule, the Commission
shall allow persons to submit written data, facts, opinions, and
arguments, which shall be made available to the public.
G. The Commission shall grant an opportunity for a public
hearing before it adopts a rule or amendment if a hearing is
requested by:
1. At least twenty-five (25) persons;
2. A state or federal governmental subdivision or
agency; or
3. An association having at least twenty-five (25)
members.
H. If a hearing is held on the proposed rule or amendment,
the Commission shall publish the place, time, and date of the
scheduled public hearing. If the hearing is held via electronic
means, the Commission shall publish the mechanism for access to
the electronic hearing.
1. All persons wishing to be heard at the hearing shall
notify the executive director of the Commission or
other designated member in writing of their desire to
appear and testify at the hearing not less than five
(5) business days before the scheduled date of the
hearing.
2. Hearings shall be conducted in a manner providing
each person who wishes to comment a fair and
reasonable opportunity to comment orally or in
writing.
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3. All hearings will be recorded. A copy of the
recording will be made available on request.
4. Nothing in this section shall be construed as
requiring a separate hearing on each rule. Rules may
be grouped for the convenience of the Commission at
hearings required by this section.
I. Following the scheduled hearing date, or by the close of
business on the scheduled hearing date if the hearing was not
held, the Commission shall consider all written and oral
comments received.
J. If no written notice of intent to attend the public
hearing by interested parties is received, the Commission may
proceed with promulgation of the proposed rule without a public
hearing.
K. The Commission shall, by majority vote of all members,
take final action on the proposed rule and shall determine the
effective date of the rule, if any, based on the rulemaking
record and the full text of the rule.
L. Upon determination that an emergency exists, the
Commission may consider and adopt an emergency rule without
prior notice, opportunity for comment, or hearing, provided that
the usual rulemaking procedures provided in the Compact and in
this section shall be retroactively applied to the rule as soon
as reasonably possible, in no event later than ninety (90) days
after the effective date of the rule. For the purposes of this
provision, an emergency rule is one that must be adopted
immediately in order to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Commission or member state funds;
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3. Meet a deadline for the promulgation of an
administrative rule that is established by federal
law or rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the
Commission may direct revisions to a previously adopted rule or
amendment for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the website of
the Commission. The revision shall be subject to challenge by
any person for a period of thirty (30) days after posting. The
revision may be challenged only on grounds that the revision
results in a material change to a rule. A challenge shall be
made in writing, and delivered to the chair of the Commission
prior to the end of the notice period. If no challenge is made,
the revision will take effect without further action. If the
revision is challenged, the revision may not take effect without
the approval of the Commission.
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive, legislative, and judicial branches of
state government in each member state shall enforce
this Compact and take all actions necessary and
appropriate to effectuate the Compact's purposes and
intent. The provisions of this Compact and the rules
promulgated hereunder shall have standing as
statutory law.
2. All courts shall take judicial notice of the Compact
and the rules in any judicial or administrative
proceeding in a member state pertaining to the
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subject matter of this Compact which may affect the
powers, responsibilities or actions of the
Commission.
3. The Commission shall be entitled to receive service
of process in any such proceeding, and shall have
standing to intervene in such a proceeding for all
purposes. Failure to provide service of process to
the Commission shall render a judgment or order void
as to the Commission, this Compact, or promulgated
rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a member state has
defaulted in the performance of its obligations or
responsibilities under this Compact or the
promulgated rules, the Commission shall:
a. Provide written notice to the defaulting state
and other member states of the nature of the
default, the proposed means of curing the default
and/or any other action to be taken by the
Commission; and
b. Provide remedial training and specific technical
assistance regarding the default.
2. If a state in default fails to cure the default, the
defaulting state may be terminated from the Compact
upon an affirmative vote of a majority of the member
states, and all rights, privileges and benefits
conferred by this Compact may be terminated on the
effective date of termination. A cure of the default
does not relieve the offending state of obligations
or liabilities incurred during the period of default.
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3. Termination of membership in the Compact shall be
imposed only after all other means of securing
compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the Commission
to the governor, the majority and minority leaders of
the defaulting state's legislature, and each of the
member states.
4. A state that has been terminated is responsible for
all assessments, obligations, and liabilities
incurred through the effective date of termination,
including obligations that extend beyond the
effective date of termination.
5. The Commission shall not bear any costs related to a
state that is found to be in default or that has been
terminated from the Compact, unless agreed upon in
writing between the Commission and the defaulting
state.
6. The defaulting state may appeal the action of the
Commission by petitioning the U.S. District Court for
the District of Columbia or the federal district
where the Commission has its principal offices. The
prevailing member shall be awarded all costs of such
litigation, including reasonable attorney's fees.
C. Dispute Resolution
1. Upon request by a member state, the Commission shall
attempt to resolve disputes related to the Compact
that arise among member states and between member and
non-member states.
2. The Commission shall promulgate a rule providing for
both mediation and binding dispute resolution for
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disputes as appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of
this Compact.
2. By majority vote, the Commission may initiate legal
action in the United States District Court for the
District of Columbia or the federal district where
the Commission has its principal offices against a
member state in default to enforce compliance with
the provisions of the Compact and its promulgated
rules and bylaws. The relief sought may include both
injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing member shall
be awarded all costs of such litigation, including
reasonable attorney's fees.
3. The remedies herein shall not be the exclusive
remedies of the Commission. The Commission may pursue
any other remedies available under federal or state
law.
SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE
COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED
RULES, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which
the Compact statute is enacted into law in the tenth member
state. The provisions, which become effective at that time,
shall be limited to the powers granted to the Commission
relating to assembly and the promulgation of rules. Thereafter,
the Commission shall meet and exercise rulemaking powers
necessary to the implementation and administration of the
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Compact.
B. Any state that joins the Compact subsequent to the
Commission's initial adoption of the rules shall be subject to
the rules as they exist on the date on which the Compact becomes
law in that state. Any rule that has been previously adopted by
the Commission shall have the full force and effect of law on
the day the Compact becomes law in that state.
C. Any member state may withdraw from this Compact by
enacting a statute repealing the same.
1. A member state's withdrawal shall not take effect
until six (6) months after enactment of the repealing
statute.
2. Withdrawal shall not affect the continuing
requirement of the withdrawing state's physical
therapy licensing board to comply with the
investigative and adverse action reporting
requirements of this act prior to the effective date
of withdrawal.
D. Nothing contained in this Compact shall be construed to
invalidate or prevent any physical therapy licensure agreement
or other cooperative arrangement between a member state and a
non-member state that does not conflict with the provisions of
this Compact.
E. This Compact may be amended by the member states. No
amendment to this Compact shall become effective and binding
upon any member state until it is enacted into the laws of all
member states.
SECTION 12. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this Compact shall be
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severable and if any phrase, clause, sentence or provision of
this Compact is declared to be contrary to the constitution of
any party state or of the United States or the applicability
thereof to any government, agency, person or circumstance is
held invalid, the validity of the remainder of this Compact and
the applicability thereof to any government, agency, person or
circumstance shall not be affected thereby. If this Compact
shall be held contrary to the constitution of any party state,
the Compact shall remain in full force and effect as to the
remaining party states and in full force and effect as to the
party state affected as to all severable matters.
Section 3. Effective date.
This act shall take effect immediately.
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