| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Enrolled SB 74 | |
| 2 | - | LAWS OF ALASKA | |
| 3 | 1 | ||
| 4 | - | 2024 | |
| 2 | + | SB0074B -1- CSSB 74(FIN) | |
| 3 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 5 | 4 | ||
| 6 | - | ||
| 7 | - | ||
| 8 | - | Source Chapter No. | |
| 9 | - | CSSB 74(FIN) _______ | |
| 5 | + | 33-LS0138\U | |
| 10 | 6 | ||
| 11 | 7 | ||
| 12 | 8 | ||
| 13 | 9 | ||
| 14 | - | ||
| 10 | + | CS FOR SENATE BILL NO. 74(FIN) | |
| 15 | 11 | ||
| 16 | - | Relating to an interstate physical therapy licensure compact; relating to the licensure of | |
| 17 | - | physical therapists, physical therapist assistants, occupational therapists, and occupational | |
| 18 | - | therapy assistants; and providing for an effective date. | |
| 12 | + | IN THE LEGISLATURE OF THE STATE OF ALASKA | |
| 19 | 13 | ||
| 14 | + | THIRTY-THIRD LEGISLATURE - FIRST SESSION | |
| 20 | 15 | ||
| 21 | - | ||
| 16 | + | BY THE SENATE FINANCE COMMITTEE | |
| 22 | 17 | ||
| 18 | + | Offered: 4/19/23 | |
| 19 | + | Referred: Rules | |
| 23 | 20 | ||
| 24 | - | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: | |
| 21 | + | Sponsor(s): SENATOR WILSON | |
| 22 | + | A BILL | |
| 25 | 23 | ||
| 24 | + | FOR AN ACT ENTITLED | |
| 26 | 25 | ||
| 27 | - | ||
| 28 | - | THE ACT FOLLOWS ON PAGE 1 | |
| 29 | - | -1- Enrolled SB 74 | |
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| 49 | - | ||
| 50 | - | AN ACT | |
| 51 | - | ||
| 52 | - | ||
| 53 | - | Relating to an interstate physical therapy licensure compact; relating to the licensure of 1 | |
| 54 | - | physical therapists, physical therapist assistants, occupational therapists, and occupational 2 | |
| 55 | - | therapy assistants; and providing for an effective date. 3 | |
| 56 | - | _______________ 4 | |
| 26 | + | "An Act relating to an interstate physical therapy licensure compact; relating to the 1 | |
| 27 | + | licensure of physical therapists, physical therapist assistants, occupational therapists, 2 | |
| 28 | + | and occupational therapy assistants; and providing for an effective date." 3 | |
| 29 | + | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 | |
| 57 | 30 | * Section 1. AS 08.84.010(b) is amended to read: 5 | |
| 58 | 31 | (b) The board shall control all matters pertaining to the licensing of physical 6 | |
| 59 | 32 | therapists, physical therapist assistants, occupational therapists, and occupational 7 | |
| 60 | 33 | therapy assistants and the practice of physical therapy and the practice of occupational 8 | |
| 61 | 34 | therapy. The board shall 9 | |
| 62 | 35 | (1) pass upon the qualifications of applicants; 10 | |
| 63 | 36 | (2) provide for the examination of applicants; 11 | |
| 64 | 37 | (3) issue temporary permits and licenses to persons qualified under this 12 | |
| 65 | 38 | chapter; 13 | |
| 66 | - | (4) suspend, revoke, or refuse to issue or renew a license under 14 | |
| 67 | - | Enrolled SB 74 -2- | |
| 39 | + | (4) suspend, revoke, or refuse to issue or renew a license under 14 33-LS0138\U | |
| 40 | + | CSSB 74(FIN) -2- SB0074B | |
| 41 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 42 | + | ||
| 68 | 43 | AS 08.84.120; 1 | |
| 69 | 44 | (5) keep a current register listing the name, business address, date, and 2 | |
| 70 | 45 | number of the license of each person who is licensed to practice under this chapter; 3 | |
| 71 | 46 | (6) adopt regulations under AS 44.62 (Administrative Procedure Act) 4 | |
| 72 | 47 | necessary to carry out the purposes of this chapter, including regulations establishing 5 | |
| 73 | 48 | qualifications for licensure and renewal of licensure under this chapter; 6 | |
| 74 | 49 | (7) implement the Interstate Physical Therapy Licensure Compact 7 | |
| 75 | 50 | under AS 08.84.188. 8 | |
| 76 | 51 | * Sec. 2. AS 08.84.030 is amended to read: 9 | |
| 77 | 52 | Sec. 08.84.030. Qualifications for licensing. (a) To be eligible for licensure 10 | |
| 78 | 53 | by the board as a physical therapist or physical therapist assistant, an applicant, unless 11 | |
| 79 | 54 | a graduate of a foreign school of physical therapy located outside the United States, 12 | |
| 80 | 55 | shall 13 | |
| 81 | 56 | (1) have graduated from a professional physical therapy education 14 | |
| 82 | 57 | program that includes supervised field work and is accredited by a national 15 | |
| 83 | 58 | accreditation agency approved by the board; 16 | |
| 84 | 59 | (2) pass, to the satisfaction of the board, an examination prepared by a 17 | |
| 85 | 60 | national testing service approved by the board to determine the applicant's fitness for 18 | |
| 86 | 61 | practice as a physical therapist or physical therapist assistant, or be entitled to 19 | |
| 87 | 62 | licensure without examination as provided in AS 08.84.060; [AND] 20 | |
| 88 | 63 | (3) meet qualifications for licensure established in regulations adopted 21 | |
| 89 | 64 | by the board under AS 08.84.010(b); and 22 | |
| 90 | 65 | (4) have been fingerprinted and have provided the fees required 23 | |
| 91 | 66 | by the Department of Public Safety under AS 12.62.160 for criminal justice 24 | |
| 92 | 67 | information and a national criminal history record check; the fingerprints and 25 | |
| 93 | 68 | fees shall be forwarded to the Department of Public Safety to obtain a report of 26 | |
| 94 | 69 | criminal justice information under AS 12.62 and a national criminal history 27 | |
| 95 | 70 | record check under AS 12.62.400. 28 | |
| 96 | 71 | (b) To be eligible for licensure by the board as an occupational therapist or 29 | |
| 97 | 72 | occupational therapy assistant, an applicant, unless a graduate of a foreign school of 30 | |
| 98 | - | occupational therapy located outside the United States, shall 31 | |
| 99 | - | -3- Enrolled SB 74 | |
| 73 | + | occupational therapy located outside the United States, shall 31 33-LS0138\U | |
| 74 | + | SB0074B -3- CSSB 74(FIN) | |
| 75 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 76 | + | ||
| 100 | 77 | (1) have graduated from a professional occupational therapy education 1 | |
| 101 | 78 | program that includes supervised field work and is accredited by a national 2 | |
| 102 | 79 | accreditation agency approved by the board; 3 | |
| 103 | 80 | (2) pass, to the satisfaction of the board, an examination prepared by a 4 | |
| 104 | 81 | national testing service approved by the board or an examination recognized by a 5 | |
| 105 | 82 | national accreditation agency approved by the board to determine the applicant's 6 | |
| 106 | 83 | fitness for practice as an occupational therapist or occupational therapy assistant, or be 7 | |
| 107 | 84 | entitled to licensure without examination under AS 08.84.060; [AND] 8 | |
| 108 | 85 | (3) meet qualifications for licensure established in regulations adopted 9 | |
| 109 | 86 | by the board under AS 08.84.010(b); and 10 | |
| 110 | 87 | (4) have been fingerprinted and have provided the fees required 11 | |
| 111 | 88 | by the Department of Public Safety under AS 12.62.160 for criminal justice 12 | |
| 112 | 89 | information and a national criminal history record check; the fingerprints and 13 | |
| 113 | 90 | fees shall be forwarded to the Department of Public Safety to obtain a report of 14 | |
| 114 | 91 | criminal justice information under AS 12.62 and a national criminal history 15 | |
| 115 | 92 | record check under AS 12.62.400. 16 | |
| 116 | 93 | * Sec. 3. AS 08.84.032 is amended to read: 17 | |
| 117 | 94 | Sec. 08.84.032. Foreign-educated applicants. (a) To be eligible for licensure 18 | |
| 118 | 95 | by the board as a physical therapist or physical therapist assistant, an applicant who is 19 | |
| 119 | 96 | a graduate of a school of physical therapy that is located outside the United States 20 | |
| 120 | 97 | shall 21 | |
| 121 | 98 | (1) have completed, to the satisfaction of the board, a resident course 22 | |
| 122 | 99 | of study and professional instruction substantially equivalent to a professional physical 23 | |
| 123 | 100 | therapy education program that is accredited by a board-approved national 24 | |
| 124 | 101 | accreditation agency in the United States; 25 | |
| 125 | 102 | (2) have completed, to the satisfaction of the board, an internship 26 | |
| 126 | 103 | under the continuous direction and immediate supervision of a physical therapist in an 27 | |
| 127 | 104 | institution that ordinarily provides physical therapy and is approved by the board, for 28 | |
| 128 | 105 | that period of time specified by the board, and furnish documentary evidence of 29 | |
| 129 | 106 | compliance with this paragraph; 30 | |
| 130 | - | (3) pass an examination recognized by the board that measures the 31 | |
| 131 | - | Enrolled SB 74 -4- | |
| 107 | + | (3) pass an examination recognized by the board that measures the 31 33-LS0138\U | |
| 108 | + | CSSB 74(FIN) -4- SB0074B | |
| 109 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 110 | + | ||
| 132 | 111 | competence of the applicant in the English language if the applicant's physical 1 | |
| 133 | 112 | therapist or physical therapist assistant education program was not taught in English; 2 | |
| 134 | 113 | (4) have met applicable requirements under 8 U.S.C. 1101 - 1503 3 | |
| 135 | 114 | (Immigration and Nationality Act), unless a United States citizen; 4 | |
| 136 | 115 | (5) pass the examination approved by the board under 5 | |
| 137 | 116 | AS 08.84.030(a)(2); 6 | |
| 138 | 117 | (6) pay the fee required under AS 08.84.050; [AND] 7 | |
| 139 | 118 | (7) meet additional qualifications for licensure established in 8 | |
| 140 | 119 | regulations adopted by the board under AS 08.84.010(b); and 9 | |
| 141 | 120 | (8) have been fingerprinted and have provided the fees required 10 | |
| 142 | 121 | by the Department of Public Safety under AS 12.62.160 for criminal justice 11 | |
| 143 | 122 | information and a national criminal history record check; the fingerprints and 12 | |
| 144 | 123 | fees shall be forwarded to the Department of Public Safety to obtain a report of 13 | |
| 145 | 124 | criminal justice information under AS 12.62 and a national criminal history 14 | |
| 146 | 125 | record check under AS 12.62.400. 15 | |
| 147 | 126 | (b) To be eligible for licensure by the board as an occupational therapist or 16 | |
| 148 | 127 | occupational therapy assistant, an applicant who is a graduate of a school of 17 | |
| 149 | 128 | occupational therapy that is located outside the United States shall 18 | |
| 150 | 129 | (1) have completed, to the satisfaction of the board, a resident course 19 | |
| 151 | 130 | of study and professional instruction substantially equivalent to a professional 20 | |
| 152 | 131 | occupational therapy education program that is accredited by a board-approved 21 | |
| 153 | 132 | national accreditation agency in the United States; 22 | |
| 154 | 133 | (2) have completed, to the satisfaction of the board, supervised field 23 | |
| 155 | 134 | work equivalent to that required under AS 08.84.030(b); 24 | |
| 156 | 135 | (3) pass an examination recognized by the board that measures the 25 | |
| 157 | 136 | competence of the applicant in the English language if the applicant's occupational 26 | |
| 158 | 137 | therapist or occupational therapy assistant education program was not taught in 27 | |
| 159 | 138 | English; 28 | |
| 160 | 139 | (4) have met applicable requirements under 8 U.S.C. 1101 - 1503 29 | |
| 161 | 140 | (Immigration and Nationality Act), unless a United States citizen; 30 | |
| 162 | - | (5) pass an examination approved by the board under AS 08.84.030(b); 31 | |
| 163 | - | -5- Enrolled SB 74 | |
| 141 | + | (5) pass an examination approved by the board under AS 08.84.030(b); 31 33-LS0138\U | |
| 142 | + | SB0074B -5- CSSB 74(FIN) | |
| 143 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 144 | + | ||
| 164 | 145 | (6) pay the fee required under AS 08.84.050; [AND] 1 | |
| 165 | 146 | (7) meet additional qualifications for licensure established in 2 | |
| 166 | 147 | regulations adopted by the board under AS 08.84.010(b); and 3 | |
| 167 | 148 | (8) have been fingerprinted and have provided the fees required 4 | |
| 168 | 149 | by the Department of Public Safety under AS 12.62.160 for criminal justice 5 | |
| 169 | 150 | information and a national criminal history record check; the fingerprints and 6 | |
| 170 | 151 | fees shall be forwarded to the Department of Public Safety to obtain a report of 7 | |
| 171 | 152 | criminal justice information under AS 12.62 and a national criminal history 8 | |
| 172 | 153 | record check under AS 12.62.400. 9 | |
| 173 | 154 | * Sec. 4. AS 08.84 is amended by adding a new section to read: 10 | |
| 174 | 155 | Sec. 08.84.034. Exemption from criminal justice information and criminal 11 | |
| 175 | 156 | history record check. A physical therapist, physical therapist assistant, occupational 12 | |
| 176 | 157 | therapist, or occupational therapy assistant holding a valid license under this chapter 13 | |
| 177 | 158 | on July 1, 2024, is exempt from the requirements of AS 08.84.030(a)(4) and (b)(4) and 14 | |
| 178 | 159 | 08.84.032(a)(8) and (b)(8), but is otherwise subject to this chapter. 15 | |
| 179 | 160 | * Sec. 5. AS 08.84.050 is amended to read: 16 | |
| 180 | 161 | Sec. 08.84.050. Fees. The Department of Commerce, Community, and 17 | |
| 181 | 162 | Economic Development shall set fees under AS 08.01.065 for the following: 18 | |
| 182 | 163 | (1) application; 19 | |
| 183 | 164 | (2) license by examination; 20 | |
| 184 | 165 | (3) license by acceptance of credentials; 21 | |
| 185 | 166 | (4) renewal; 22 | |
| 186 | 167 | (5) temporary permit; 23 | |
| 187 | 168 | (6) limited permit; 24 | |
| 188 | 169 | (7) compact privilege. 25 | |
| 189 | 170 | * Sec. 6. AS 08.84.150(a) is amended to read: 26 | |
| 190 | 171 | (a) It is unlawful for a person to practice physical therapy without being 27 | |
| 191 | 172 | licensed under this chapter unless the person is 28 | |
| 192 | 173 | (1) a student in an accredited physical therapy program; 29 | |
| 193 | 174 | (2) a graduate of a foreign school of physical therapy fulfilling the 30 | |
| 194 | - | internship requirement of AS 08.84.032, and then only unless under the continuous 31 | |
| 195 | - | Enrolled SB 74 -6- | |
| 175 | + | internship requirement of AS 08.84.032, and then only unless under the continuous 31 33-LS0138\U | |
| 176 | + | CSSB 74(FIN) -6- SB0074B | |
| 177 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 178 | + | ||
| 196 | 179 | direction and immediate supervision of a physical therapist; [OR] 1 | |
| 197 | 180 | (3) issued a limited permit under AS 08.84.075; or 2 | |
| 198 | 181 | (4) granted a compact privilege under AS 08.84.188. 3 | |
| 199 | 182 | * Sec. 7. AS 08.84 is amended by adding a new section to read: 4 | |
| 200 | 183 | Article 3A. Interstate Physical Therapy Licensure Compact. 5 | |
| 201 | 184 | Sec. 08.84.188. Compact enacted. The Interstate Physical Therapy Licensure 6 | |
| 202 | 185 | Compact as contained in this section is enacted into law and entered into on behalf of 7 | |
| 203 | 186 | the state with all other states and jurisdictions legally joining it in a form substantially 8 | |
| 204 | 187 | as follows: 9 | |
| 205 | 188 | SECTION 1. PURPOSE 10 | |
| 206 | - | The purpose of this Compact is to facilitate interstate practice of physical 11 | |
| 207 | - | ||
| 208 | - | ||
| 209 | - | ||
| 210 | - | ||
| 211 | - | ||
| 189 | + | The purpose of this Compact is to facilitate interstate practice of physical therapy with 11 | |
| 190 | + | the goal of improving public access to physical therapy services. The practice of physical 12 | |
| 191 | + | therapy occurs in the state where the patient or client is located at the time of the patient/client 13 | |
| 192 | + | encounter. The Compact preserves the regulatory authority of states to protect public health 14 | |
| 193 | + | and safety through the current system of state licensure. This Compact is designed to achieve 15 | |
| 194 | + | the following objectives: 16 | |
| 212 | 195 | (1) Increase public access to physical therapy services by providing for 17 | |
| 213 | 196 | the mutual recognition of other member state licenses; 18 | |
| 214 | 197 | (2) Enhance the states' ability to protect the public's health and safety; 19 | |
| 215 | 198 | (3) Encourage the cooperation of member states in regulating multi-20 | |
| 216 | 199 | state physical therapy practice; 21 | |
| 217 | 200 | (4) Support spouses of relocating military members; 22 | |
| 218 | 201 | (5) Enhance the exchange of licensure, investigative, and disciplinary 23 | |
| 219 | 202 | information between member states; and 24 | |
| 220 | 203 | (6) Allow a remote state to hold a provider of services with a compact 25 | |
| 221 | 204 | privilege in that state accountable to that state's practice standards. 26 | |
| 222 | 205 | SECTION 2. DEFINITIONS 27 | |
| 223 | - | As used in this Compact, and except as otherwise provided, the following 28 | |
| 224 | - | ||
| 206 | + | As used in this Compact, and except as otherwise provided, the following definitions 28 | |
| 207 | + | shall apply: 29 | |
| 225 | 208 | (1) "Active duty military" means full-time duty status in the active 30 | |
| 226 | - | uniformed service of the United States, including members of the National Guard and 31 | |
| 227 | - | -7- Enrolled SB 74 | |
| 209 | + | uniformed service of the United States, including members of the National Guard and 31 33-LS0138\U | |
| 210 | + | SB0074B -7- CSSB 74(FIN) | |
| 211 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 212 | + | ||
| 228 | 213 | Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 1211. 1 | |
| 229 | 214 | (2) "Adverse action" means disciplinary action taken by a physical 2 | |
| 230 | 215 | therapy licensing board based upon misconduct, unacceptable performance, or a 3 | |
| 231 | 216 | combination of both. 4 | |
| 232 | 217 | (3) "Alternative program" means a non-disciplinary monitoring or 5 | |
| 233 | 218 | practice remediation process approved by a physical therapy licensing board. This 6 | |
| 234 | 219 | includes substance abuse issues. 7 | |
| 235 | 220 | (4) "Compact privilege" means the authorization granted by a remote 8 | |
| 236 | 221 | state to allow a licensee from another member state to practice as a physical therapist 9 | |
| 237 | 222 | or work as a physical therapist assistant in the remote state under its laws and rules. 10 | |
| 238 | 223 | The practice of physical therapy occurs in the member state where the patient or client 11 | |
| 239 | 224 | is located at the time of the patient/client encounter. 12 | |
| 240 | 225 | (5) "Continuing competence" means a requirement, as a condition of 13 | |
| 241 | 226 | license renewal, to provide evidence of participation in, and/or completion of, 14 | |
| 242 | 227 | educational and professional activities relevant to practice or area of work. 15 | |
| 243 | 228 | (6) "Data system" means a repository of information about licensees, 16 | |
| 244 | 229 | including examination, licensure, investigative, compact privilege, and adverse action. 17 | |
| 245 | 230 | (7) "Encumbered license" means a license that a physical therapy 18 | |
| 246 | 231 | licensing board has limited in any way. 19 | |
| 247 | 232 | (8) "Executive Board" means a group of directors elected or appointed 20 | |
| 248 | 233 | to act on behalf of, and within the powers granted to them by, the Commission. 21 | |
| 249 | 234 | (9) "Home state" means the member state that is the licensee's primary 22 | |
| 250 | 235 | state of residence. 23 | |
| 251 | 236 | (10) "Investigative information" means information, records, and 24 | |
| 252 | 237 | documents received or generated by a physical therapy licensing board pursuant to an 25 | |
| 253 | 238 | investigation. 26 | |
| 254 | 239 | (11) "Jurisprudence requirement" means the assessment of an 27 | |
| 255 | 240 | individual's knowledge of the laws and rules governing the practice of physical 28 | |
| 256 | 241 | therapy in a state. 29 | |
| 257 | 242 | (12) "Licensee" means an individual who currently holds an 30 | |
| 258 | - | authorization from the state to practice as a physical therapist or to work as a physical 31 | |
| 259 | - | Enrolled SB 74 -8- | |
| 243 | + | authorization from the state to practice as a physical therapist or to work as a physical 31 33-LS0138\U | |
| 244 | + | CSSB 74(FIN) -8- SB0074B | |
| 245 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 246 | + | ||
| 260 | 247 | therapist assistant. 1 | |
| 261 | 248 | (13) "Member state" means a state that has enacted the Compact. 2 | |
| 262 | 249 | (14) "Party state" means any member state in which a licensee holds a 3 | |
| 263 | 250 | current license or compact privilege or is applying for a license or compact privilege. 4 | |
| 264 | 251 | (15) "Physical therapist" means an individual who is licensed by a 5 | |
| 265 | 252 | state to practice physical therapy. 6 | |
| 266 | 253 | (16) "Physical therapist assistant" means an individual who is licensed 7 | |
| 267 | 254 | or certified by a state and who assists the physical therapist in selected components of 8 | |
| 268 | 255 | physical therapy. 9 | |
| 269 | 256 | (17) "Physical therapy," "physical therapy practice," and "the practice 10 | |
| 270 | 257 | of physical therapy" mean the care and services provided by or under the direction and 11 | |
| 271 | 258 | supervision of a licensed physical therapist. 12 | |
| 272 | 259 | (18) "Physical Therapy Compact Commission" or "Commission" 13 | |
| 273 | 260 | means the national administrative body whose membership consists of all states that 14 | |
| 274 | 261 | have enacted the Compact. 15 | |
| 275 | 262 | (19) "Physical therapy licensing board" or "licensing board" means the 16 | |
| 276 | 263 | agency of a state that is responsible for the licensing and regulation of physical 17 | |
| 277 | 264 | therapists and physical therapist assistants. 18 | |
| 278 | 265 | (20) "Remote state" means a member state other than the home state, 19 | |
| 279 | 266 | where a licensee is exercising or seeking to exercise the compact privilege. 20 | |
| 280 | 267 | (21) "Rule" means a regulation, principle, or directive promulgated by 21 | |
| 281 | 268 | the Commission that has the force of law. 22 | |
| 282 | 269 | (22) "State" means any state, commonwealth, district, or territory of 23 | |
| 283 | 270 | the United States of America that regulates the practice of physical therapy. 24 | |
| 284 | 271 | SECTION 3. STATE PARTICIPATION IN THE COMPACT 25 | |
| 285 | 272 | (a) To participate in the Compact, a state must: 26 | |
| 286 | 273 | (1) Participate fully in the Commission's data system, including using 27 | |
| 287 | 274 | the Commission's unique identifier as defined in rules; 28 | |
| 288 | 275 | (2) Have a mechanism in place for receiving and investigating 29 | |
| 289 | 276 | complaints about licensees; 30 | |
| 290 | - | (3) Notify the Commission, in compliance with the terms of the 31 | |
| 291 | - | -9- Enrolled SB 74 | |
| 277 | + | (3) Notify the Commission, in compliance with the terms of the 31 33-LS0138\U | |
| 278 | + | SB0074B -9- CSSB 74(FIN) | |
| 279 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 280 | + | ||
| 292 | 281 | Compact and rules, of any adverse action or the availability of investigative 1 | |
| 293 | 282 | information regarding a licensee; 2 | |
| 294 | 283 | (4) Fully implement a criminal background check requirement, within 3 | |
| 295 | 284 | a time frame established by rule, by receiving the results of the Federal Bureau of 4 | |
| 296 | 285 | Investigation record search on criminal background checks and use the results in 5 | |
| 297 | 286 | making licensure decisions in accordance with Section 3(b); 6 | |
| 298 | 287 | (5) Comply with the rules of the Commission; 7 | |
| 299 | 288 | (6) Utilize a recognized national examination as a requirement for 8 | |
| 300 | 289 | licensure pursuant to the rules of the Commission; and 9 | |
| 301 | 290 | (7) Have continuing competence requirements as a condition for 10 | |
| 302 | 291 | license renewal. 11 | |
| 303 | 292 | (b) Upon adoption of this statute, the member state shall have the authority to 12 | |
| 304 | 293 | obtain biometric-based information from each physical therapy licensure applicant and 13 | |
| 305 | 294 | submit this information to the Federal Bureau of Investigation for a criminal 14 | |
| 306 | 295 | background check in accordance with 28 U.S.C. §534 and 34 U.S.C. §40316. 15 | |
| 307 | 296 | (c) A member state shall grant the compact privilege to a licensee holding a 16 | |
| 308 | 297 | valid unencumbered license in another member state in accordance with the terms of 17 | |
| 309 | 298 | the Compact and rules. 18 | |
| 310 | 299 | (d) Member states may charge a fee for granting a compact privilege. 19 | |
| 311 | 300 | SECTION 4. COMPACT PRIVILEGE 20 | |
| 312 | 301 | (a) To exercise the compact privilege under the terms and provisions of the 21 | |
| 313 | 302 | Compact, the licensee shall 22 | |
| 314 | 303 | (1) Hold a license in the home state; 23 | |
| 315 | 304 | (2) Have no encumbrance on any state license; 24 | |
| 316 | 305 | (3) Be eligible for a compact privilege in any member state in 25 | |
| 317 | 306 | accordance with Section 4(d), (g) and (h); 26 | |
| 318 | 307 | (4) Have not had any adverse action against any license or compact 27 | |
| 319 | 308 | privilege within the previous 2 years; 28 | |
| 320 | 309 | (5) Notify the Commission that the licensee is seeking the compact 29 | |
| 321 | 310 | privilege within a remote state; 30 | |
| 322 | - | (6) Pay any applicable fees, including any state fee, for the compact 31 | |
| 323 | - | Enrolled SB 74 -10- | |
| 311 | + | (6) Pay any applicable fees, including any state fee, for the compact 31 33-LS0138\U | |
| 312 | + | CSSB 74(FIN) -10- SB0074B | |
| 313 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 314 | + | ||
| 324 | 315 | privilege; 1 | |
| 325 | 316 | (7) Meet any jurisprudence requirements established by the remote 2 | |
| 326 | 317 | state in which the licensee is seeking a compact privilege; and 3 | |
| 327 | 318 | (8) Report to the Commission adverse action taken by any non-4 | |
| 328 | 319 | member state within 30 days from the date the adverse action is taken. 5 | |
| 329 | 320 | (b) The compact privilege is valid until the expiration date of the home 6 | |
| 330 | 321 | license. The licensee must comply with the requirements of Section 4(a) to maintain 7 | |
| 331 | 322 | the compact privilege in the remote state. 8 | |
| 332 | 323 | (c) A licensee providing physical therapy in a remote state under the compact 9 | |
| 333 | 324 | privilege shall function within the laws and regulations of the remote state. 10 | |
| 334 | 325 | (d) A licensee providing physical therapy in a remote state is subject to that 11 | |
| 335 | 326 | state's regulatory authority. A remote state may, in accordance with due process and 12 | |
| 336 | 327 | that state's laws, remove a licensee's compact privilege in the remote state for a 13 | |
| 337 | 328 | specific period of time, impose fines, and/or take any other necessary actions to 14 | |
| 338 | 329 | protect the health and safety of its citizens. The licensee is not eligible for a compact 15 | |
| 339 | 330 | privilege in any state until the specific time for removal has passed and all fines are 16 | |
| 340 | 331 | paid. 17 | |
| 341 | 332 | (e) If a home state license is encumbered, the licensee shall lose the compact 18 | |
| 342 | 333 | privilege in any remote state until the following occur: 19 | |
| 343 | 334 | (1) The home state license is no longer encumbered; and 20 | |
| 344 | 335 | (2) Two years have elapsed from the date of the adverse action. 21 | |
| 345 | 336 | (f) Once an encumbered license in the home state is restored to good standing, 22 | |
| 346 | 337 | the licensee must meet the requirements of Section 4(a) to obtain a compact privilege 23 | |
| 347 | 338 | in any remote state. 24 | |
| 348 | 339 | (g) If a licensee's compact privilege in any remote state is removed, the 25 | |
| 349 | 340 | individual shall lose the compact privilege in any remote state until the following 26 | |
| 350 | 341 | occur: 27 | |
| 351 | 342 | (1) The specific period of time for which the compact privilege was 28 | |
| 352 | 343 | removed has ended; 29 | |
| 353 | 344 | (2) All fines have been paid; and 30 | |
| 354 | - | (3) Two years have elapsed from the date of the adverse action. 31 | |
| 355 | - | -11- Enrolled SB 74 | |
| 345 | + | (3) Two years have elapsed from the date of the adverse action. 31 33-LS0138\U | |
| 346 | + | SB0074B -11- CSSB 74(FIN) | |
| 347 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 348 | + | ||
| 356 | 349 | (h) Once the requirements of Section 4(g) have been met, the licensee must 1 | |
| 357 | 350 | meet the requirements in Section 4(a) to obtain a compact privilege in a remote state. 2 | |
| 358 | 351 | SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 3 | |
| 359 | - | A licensee who is active duty military or is the spouse of an individual who is 4 | |
| 360 | - | ||
| 352 | + | A licensee who is active duty military or is the spouse of an individual who is active 4 | |
| 353 | + | duty military may designate one of the following as the home state: 5 | |
| 361 | 354 | (1) Home of record; 6 | |
| 362 | 355 | (2) Permanent Change of Station (PCS); or 7 | |
| 363 | 356 | (3) State of current residence if it is different than the PCS state or 8 | |
| 364 | 357 | home of record. 9 | |
| 365 | 358 | SECTION 6. ADVERSE ACTIONS 10 | |
| 366 | 359 | (a) A home state shall have exclusive power to impose adverse action against 11 | |
| 367 | 360 | a license issued by the home state. 12 | |
| 368 | 361 | (b) A home state may take adverse action based on the investigative 13 | |
| 369 | 362 | information of a remote state, so long as the home state follows its own procedures for 14 | |
| 370 | 363 | imposing adverse action. 15 | |
| 371 | 364 | (c) Nothing in this Compact shall override a member state's decision that 16 | |
| 372 | 365 | participation in an alternative program may be used in lieu of adverse action and that 17 | |
| 373 | 366 | such participation shall remain non-public if required by the member state's laws. 18 | |
| 374 | 367 | Member states must require licensees who enter any alternative programs in lieu of 19 | |
| 375 | 368 | discipline to agree not to practice in any other member state during the term of the 20 | |
| 376 | 369 | alternative program without prior authorization from such other member state. 21 | |
| 377 | 370 | (d) Any member state may investigate actual or alleged violations of the 22 | |
| 378 | 371 | statutes and rules authorizing the practice of physical therapy in any other member 23 | |
| 379 | 372 | state in which a physical therapist or physical therapist assistant holds a license or 24 | |
| 380 | 373 | compact privilege. 25 | |
| 381 | 374 | (e) A remote state shall have the authority to: 26 | |
| 382 | 375 | (1) Take adverse actions as set forth in Section 4(d) against a licensee's 27 | |
| 383 | 376 | compact privilege in the state; 28 | |
| 384 | 377 | (2) Issue subpoenas for both hearings and investigations that require 29 | |
| 385 | 378 | the attendance and testimony of witnesses, and the production of evidence. Subpoenas 30 | |
| 386 | - | issued by a physical therapy licensing board in a party state for the attendance and 31 | |
| 387 | - | Enrolled SB 74 -12- | |
| 379 | + | issued by a physical therapy licensing board in a party state for the attendance and 31 33-LS0138\U | |
| 380 | + | CSSB 74(FIN) -12- SB0074B | |
| 381 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 382 | + | ||
| 388 | 383 | testimony of witnesses, and/or the production of evidence from another party state, 1 | |
| 389 | 384 | shall be enforced in the latter state by any court of competent jurisdiction, according to 2 | |
| 390 | 385 | the practice and procedure of that court applicable to subpoenas issued in proceedings 3 | |
| 391 | 386 | pending before it. The issuing authority shall pay any witness fees, travel expenses, 4 | |
| 392 | 387 | mileage, and other fees required by the service statutes of the state where the witnesses 5 | |
| 393 | 388 | and/or evidence are located; and 6 | |
| 394 | 389 | (3) If otherwise permitted by state law, recover from the licensee the 7 | |
| 395 | 390 | costs of investigations and disposition of cases resulting from any adverse action taken 8 | |
| 396 | 391 | against that licensee. 9 | |
| 397 | 392 | (f) Joint Investigations 10 | |
| 398 | 393 | (1) In addition to the authority granted to a member state by its 11 | |
| 399 | 394 | respective physical therapy practice act or other applicable state law, a member state 12 | |
| 400 | 395 | may participate with other member states in joint investigations of licensees. 13 | |
| 401 | 396 | (2) Member states shall share any investigative, litigation, or 14 | |
| 402 | 397 | compliance materials in furtherance of any joint or individual investigation initiated 15 | |
| 403 | 398 | under the Compact. 16 | |
| 404 | 399 | SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT 17 | |
| 405 | 400 | COMMISSION 18 | |
| 406 | 401 | (a) The Compact member states hereby create and establish a joint public 19 | |
| 407 | 402 | agency known as the Physical Therapy Compact Commission. 20 | |
| 408 | 403 | (1) The Commission is an instrumentality of the Compact states. 21 | |
| 409 | 404 | (2) Venue is proper and judicial proceedings by or against the 22 | |
| 410 | 405 | Commission shall be brought solely and exclusively in a court of competent 23 | |
| 411 | 406 | jurisdiction where the principal office of the Commission is located. The Commission 24 | |
| 412 | 407 | may waive venue and jurisdictional defenses to the extent it adopts or consents to 25 | |
| 413 | 408 | participate in alternative dispute resolution proceedings. 26 | |
| 414 | 409 | (3) Nothing in this Compact shall be construed to be a waiver of 27 | |
| 415 | 410 | sovereign immunity. 28 | |
| 416 | 411 | (b) Membership, Voting, and Meetings 29 | |
| 417 | 412 | (1) Each member state shall have and be limited to one delegate 30 | |
| 418 | - | selected by that member state's licensing board. 31 | |
| 419 | - | -13- Enrolled SB 74 | |
| 413 | + | selected by that member state's licensing board. 31 33-LS0138\U | |
| 414 | + | SB0074B -13- CSSB 74(FIN) | |
| 415 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 416 | + | ||
| 420 | 417 | (2) The delegate shall be a current member of the licensing board, who 1 | |
| 421 | 418 | is a physical therapist, physical therapist assistant, public member, or the board 2 | |
| 422 | 419 | administrator. 3 | |
| 423 | 420 | (3) Any delegate may be removed or suspended from office as 4 | |
| 424 | 421 | provided by the law of the state from which the delegate is appointed. 5 | |
| 425 | 422 | (4) The member state board shall fill any vacancy occurring in the 6 | |
| 426 | 423 | Commission. 7 | |
| 427 | 424 | (5) Each delegate shall be entitled to one vote with regard to the 8 | |
| 428 | 425 | promulgation of rules and creation of bylaws and shall otherwise have an opportunity 9 | |
| 429 | 426 | to participate in the business and affairs of the Commission. 10 | |
| 430 | 427 | (6) A delegate shall vote in person or by such other means as provided 11 | |
| 431 | 428 | in the bylaws. The bylaws may provide for delegates' participation in meetings by 12 | |
| 432 | 429 | telephone or other means of communication. 13 | |
| 433 | 430 | (7) The Commission shall meet at least once during each calendar 14 | |
| 434 | 431 | year. Additional meetings shall be held as set forth in the bylaws. 15 | |
| 435 | 432 | (c) The Commission shall have the following powers and duties: 16 | |
| 436 | 433 | (1) Establish the fiscal year of the Commission; 17 | |
| 437 | 434 | (2) Establish bylaws; 18 | |
| 438 | 435 | (3) Maintain its financial records in accordance with the bylaws; 19 | |
| 439 | 436 | (4) Meet and take such actions as are consistent with the provisions of 20 | |
| 440 | 437 | this Compact and the bylaws; 21 | |
| 441 | 438 | (5) Promulgate uniform rules to facilitate and coordinate 22 | |
| 442 | 439 | implementation and administration of this Compact. The rules shall have the force and 23 | |
| 443 | 440 | effect of law and shall be binding in all member states; 24 | |
| 444 | 441 | (6) Bring and prosecute legal proceedings or actions in the name of the 25 | |
| 445 | 442 | Commission, provided that the standing of any state physical therapy licensing board 26 | |
| 446 | 443 | to sue or be sued under applicable law shall not be affected; 27 | |
| 447 | 444 | (7) Purchase and maintain insurance and bonds; 28 | |
| 448 | 445 | (8) Borrow, accept, or contract for services of personnel, including, but 29 | |
| 449 | 446 | not limited to, employees of a member state; 30 | |
| 450 | - | (9) Hire employees, elect or appoint officers, fix compensation, define 31 | |
| 451 | - | Enrolled SB 74 -14- | |
| 447 | + | (9) Hire employees, elect or appoint officers, fix compensation, define 31 33-LS0138\U | |
| 448 | + | CSSB 74(FIN) -14- SB0074B | |
| 449 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 450 | + | ||
| 452 | 451 | duties, grant such individuals appropriate authority to carry out the purposes of the 1 | |
| 453 | 452 | Compact, and to establish the Commission's personnel policies and programs relating 2 | |
| 454 | 453 | to conflicts of interest, qualifications of personnel, and other related personnel matters; 3 | |
| 455 | 454 | (10) Accept any and all appropriate donations and grants of money, 4 | |
| 456 | 455 | equipment, supplies, materials and services, and to receive, utilize and dispose of the 5 | |
| 457 | 456 | same; provided that at all times the Commission shall avoid any appearance of 6 | |
| 458 | 457 | impropriety and/or conflict of interest; 7 | |
| 459 | 458 | (11) Lease, purchase, accept appropriate gifts or donations of, or 8 | |
| 460 | 459 | otherwise to own, hold, improve or use, any property, real, personal or mixed; 9 | |
| 461 | 460 | provided that at all times the Commission shall avoid any appearance of impropriety; 10 | |
| 462 | - | (12) Sell | |
| 463 | - | otherwise dispose of any property | |
| 461 | + | (12) Sell convey, mortgage, pledge, lease, exchange, abandon, or 11 | |
| 462 | + | otherwise dispose of any property real, personal, or mixed; 12 | |
| 464 | 463 | (13) Establish a budget and make expenditures; 13 | |
| 465 | 464 | (14) Borrow money; 14 | |
| 466 | 465 | (15) Appoint committees, including standing committees composed of 15 | |
| 467 | 466 | members, state regulators, state legislators or their representatives, and consumer 16 | |
| 468 | 467 | representatives, and such other interested persons as may be designated in this 17 | |
| 469 | 468 | Compact and the bylaws; 18 | |
| 470 | 469 | (16) Provide and receive information from, and cooperate with, law 19 | |
| 471 | 470 | enforcement agencies; 20 | |
| 472 | 471 | (17) Establish and elect an Executive Board; and 21 | |
| 473 | 472 | (18) Perform such other functions as may be necessary or appropriate 22 | |
| 474 | 473 | to achieve the purposes of this Compact consistent with the state regulation of physical 23 | |
| 475 | 474 | therapy licensure and practice. 24 | |
| 476 | 475 | (d) The Executive Board shall have the power to act on behalf of the 25 | |
| 477 | 476 | Commission according to the terms of this Compact. 26 | |
| 478 | 477 | (1) The Executive Board shall be composed of nine members: 27 | |
| 479 | 478 | (A) Seven voting members who are elected by the Commission 28 | |
| 480 | 479 | from the current membership of the Commission; 29 | |
| 481 | 480 | (B) One ex-officio, nonvoting member from the recognized 30 | |
| 482 | - | national physical therapy professional association; and 31 | |
| 483 | - | -15- Enrolled SB 74 | |
| 481 | + | national physical therapy professional association; and 31 33-LS0138\U | |
| 482 | + | SB0074B -15- CSSB 74(FIN) | |
| 483 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 484 | + | ||
| 484 | 485 | (C) One ex-officio, nonvoting member from the recognized 1 | |
| 485 | 486 | membership organization of the physical therapy licensing boards. 2 | |
| 486 | 487 | (2) The ex-officio members will be selected by their respective 3 | |
| 487 | 488 | organizations. 4 | |
| 488 | 489 | (3) The Commission may remove any member of the Executive Board 5 | |
| 489 | 490 | as provided in bylaws. 6 | |
| 490 | 491 | (4) The Executive Board shall meet at least annually. 7 | |
| 491 | 492 | (5) The Executive Board shall have the following duties and 8 | |
| 492 | 493 | responsibilities: 9 | |
| 493 | 494 | (A) Recommend to the entire Commission changes to the rules 10 | |
| 494 | 495 | or bylaws, changes to this Compact legislation, fees paid by Compact member 11 | |
| 495 | 496 | states such as annual dues, and any commission Compact fee charged to 12 | |
| 496 | 497 | licensees for the compact privilege; 13 | |
| 497 | 498 | (B) Ensure Compact administration services are appropriately 14 | |
| 498 | 499 | provided, contractual or otherwise; 15 | |
| 499 | 500 | (C) Prepare and recommend the budget; 16 | |
| 500 | 501 | (D) Maintain financial records on behalf of the Commission; 17 | |
| 501 | 502 | (E) Monitor Compact compliance of member states and 18 | |
| 502 | 503 | provide compliance reports to the Commission; 19 | |
| 503 | 504 | (F) Establish additional committees as necessary; and 20 | |
| 504 | 505 | (G) Other duties as provided in rules or bylaws. 21 | |
| 505 | 506 | (e) Meetings of the Commission 22 | |
| 506 | 507 | (1) All meetings shall be open to the public, and public notice of 23 | |
| 507 | 508 | meetings shall be given in the same manner as required under the rulemaking 24 | |
| 508 | 509 | provisions in Section 9. 25 | |
| 509 | 510 | (2) The Commission or the Executive Board or other committees of 26 | |
| 510 | 511 | the Commission may convene in a closed, non-public meeting if the Commission or 27 | |
| 511 | 512 | Executive Board or other committees of the Commission must discuss: 28 | |
| 512 | 513 | (A) Non-compliance of a member state with its obligations 29 | |
| 513 | 514 | under the Compact; 30 | |
| 514 | - | (B) The employment, compensation, discipline or other 31 | |
| 515 | - | Enrolled SB 74 -16- | |
| 515 | + | (B) The employment, compensation, discipline or other 31 33-LS0138\U | |
| 516 | + | CSSB 74(FIN) -16- SB0074B | |
| 517 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 518 | + | ||
| 516 | 519 | matters, practices or procedures related to specific employees or other matters 1 | |
| 517 | 520 | related to the Commission's internal personnel practices and procedures; 2 | |
| 518 | 521 | (C) Current, threatened, or reasonably anticipated litigation; 3 | |
| 519 | 522 | (D) Negotiation of contracts for the purchase, lease, or sale of 4 | |
| 520 | 523 | goods, services, or real estate; 5 | |
| 521 | 524 | (E) Accusing any person of a crime or formally censuring any 6 | |
| 522 | 525 | person; 7 | |
| 523 | 526 | (F) Disclosure of trade secrets or commercial or financial 8 | |
| 524 | 527 | information that is privileged or confidential; 9 | |
| 525 | 528 | (G) Disclosure of information of a personal nature where 10 | |
| 526 | 529 | disclosure would constitute a clearly unwarranted invasion of personal privacy; 11 | |
| 527 | 530 | (H) Disclosure of investigative records compiled for law 12 | |
| 528 | 531 | enforcement purposes; 13 | |
| 529 | 532 | (I) Disclosure of information related to any investigative 14 | |
| 530 | 533 | reports prepared by or on behalf of or for use of the Commission or other 15 | |
| 531 | 534 | committee charged with responsibility of investigation or determination of 16 | |
| 532 | 535 | compliance issues pursuant to the Compact; or 17 | |
| 533 | 536 | (J) Matters specifically exempted from disclosure by federal or 18 | |
| 534 | 537 | member state statute. 19 | |
| 535 | 538 | (3) If a meeting, or portion of a meeting, is closed pursuant to this 20 | |
| 536 | 539 | provision, the Commission's legal counsel or designee shall certify that the meeting 21 | |
| 537 | 540 | may be closed and shall reference each relevant exempting provision. 22 | |
| 538 | 541 | (4) The Commission shall keep minutes that fully and clearly describe 23 | |
| 539 | 542 | all matters discussed in a meeting and shall provide a full and accurate summary of 24 | |
| 540 | 543 | actions taken, and the reasons therefore, including a description of the views 25 | |
| 541 | 544 | expressed. All documents considered in connection with an action shall be identified 26 | |
| 542 | 545 | in such minutes. All minutes and documents of a closed meeting shall remain under 27 | |
| 543 | 546 | seal, subject to release by a majority vote of the Commission or order of a court of 28 | |
| 544 | 547 | competent jurisdiction. 29 | |
| 545 | 548 | (f) Financing of the Commission 30 | |
| 546 | - | (1) The Commission shall pay, or provide for the payment of, the 31 | |
| 547 | - | -17- Enrolled SB 74 | |
| 549 | + | (1) The Commission shall pay, or provide for the payment of, the 31 33-LS0138\U | |
| 550 | + | SB0074B -17- CSSB 74(FIN) | |
| 551 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 552 | + | ||
| 548 | 553 | reasonable expenses of its establishment, organization, and ongoing activities. 1 | |
| 549 | 554 | (2) The Commission may accept any and all appropriate revenue 2 | |
| 550 | 555 | sources, donations, and grants of money, equipment, supplies, materials, and services. 3 | |
| 551 | 556 | (3) The Commission may levy on and collect an annual assessment 4 | |
| 552 | 557 | from each member state or impose fees on other parties to cover the cost of the 5 | |
| 553 | 558 | operations and activities of the Commission and its staff, which must be in a total 6 | |
| 554 | 559 | amount sufficient to cover its annual budget as approved each year for which revenue 7 | |
| 555 | 560 | is not provided by other sources. The aggregate annual assessment amount shall be 8 | |
| 556 | 561 | allocated based upon a formula to be determined by the Commission, which shall 9 | |
| 557 | 562 | promulgate a rule binding upon all member states. 10 | |
| 558 | 563 | (4) The Commission shall not incur obligations of any kind prior to 11 | |
| 559 | 564 | securing the funds adequate to meet the same; nor shall the Commission pledge the 12 | |
| 560 | 565 | credit of any of the member states, except by and with the authority of the member 13 | |
| 561 | 566 | state. 14 | |
| 562 | 567 | (5) The Commission shall keep accurate accounts of all receipts and 15 | |
| 563 | 568 | disbursements. The receipts and disbursements of the Commission shall be subject to 16 | |
| 564 | 569 | the audit and accounting procedures established under its bylaws. However, all 17 | |
| 565 | 570 | receipts and disbursements of funds handled by the Commission shall be audited 18 | |
| 566 | 571 | yearly by a certified or licensed public accountant, and the report of the audit shall be 19 | |
| 567 | 572 | included in and become part of the annual report of the Commission. 20 | |
| 568 | 573 | (g) Qualified Immunity, Defense, and Indemnification 21 | |
| 569 | 574 | (1) The members, officers, executive director, employees and 22 | |
| 570 | 575 | representatives of the Commission shall be immune from suit and liability, either 23 | |
| 571 | 576 | personally or in their official capacity, for any claim for damage to or loss of property 24 | |
| 572 | 577 | or personal injury or other civil liability caused by or arising out of any actual or 25 | |
| 573 | 578 | alleged act, error or omission that occurred, or that the person against whom the claim 26 | |
| 574 | 579 | is made had a reasonable basis for believing occurred within the scope of Commission 27 | |
| 575 | 580 | employment, duties or responsibilities; provided that nothing in this paragraph shall be 28 | |
| 576 | 581 | construed to protect any such person from suit and/or liability for any damage, loss, 29 | |
| 577 | 582 | injury, or liability caused by the intentional or willful or wanton misconduct of that 30 | |
| 578 | - | person. 31 | |
| 579 | - | Enrolled SB 74 -18- | |
| 583 | + | person. 31 33-LS0138\U | |
| 584 | + | CSSB 74(FIN) -18- SB0074B | |
| 585 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 586 | + | ||
| 580 | 587 | (2) The Commission shall defend any member, officer, executive 1 | |
| 581 | 588 | director, employee or representative of the Commission in any civil action seeking to 2 | |
| 582 | 589 | impose liability arising out of any actual or alleged act, error, or omission that 3 | |
| 583 | 590 | occurred within the scope of Commission employment, duties, or responsibilities, or 4 | |
| 584 | 591 | that the person against whom the claim is made had a reasonable basis for believing 5 | |
| 585 | 592 | occurred within the scope of Commission employment, duties, or responsibilities; 6 | |
| 586 | 593 | provided that nothing herein shall be construed to prohibit that person from retaining 7 | |
| 587 | 594 | his or her own counsel; and provided further, that the actual or alleged act, error, or 8 | |
| 588 | 595 | omission did not result from that person's intentional or willful or wanton misconduct. 9 | |
| 589 | 596 | (3) The Commission shall indemnify and hold harmless any member, 10 | |
| 590 | 597 | officer, executive director, employee, or representative of the Commission for the 11 | |
| 591 | 598 | amount of any settlement or judgment obtained against that person arising out of any 12 | |
| 592 | 599 | actual or alleged act, error or omission that occurred within the scope of Commission 13 | |
| 593 | 600 | employment, duties, or responsibilities, or that such person had a reasonable basis for 14 | |
| 594 | 601 | believing occurred within the scope of Commission employment, duties, or 15 | |
| 595 | 602 | responsibilities, provided that the actual or alleged act, error, or omission did not result 16 | |
| 596 | 603 | from the intentional or willful or wanton misconduct of that person. 17 | |
| 597 | 604 | SECTION 8. DATA SYSTEM 18 | |
| 598 | 605 | (a) The Commission shall provide for the development, maintenance, and 19 | |
| 599 | 606 | utilization of a coordinated database and reporting system containing licensure, 20 | |
| 600 | 607 | adverse action, and investigative information on all licensed individuals in member 21 | |
| 601 | 608 | states. 22 | |
| 602 | 609 | (b) Notwithstanding any other provision of state law to the contrary, a member 23 | |
| 603 | 610 | state shall submit a uniform data set to the data system on all individuals to whom this 24 | |
| 604 | 611 | Compact is applicable as required by the rules of the Commission, including: 25 | |
| 605 | 612 | (1) Identifying information; 26 | |
| 606 | 613 | (2) Licensure data; 27 | |
| 607 | 614 | (3) Adverse actions against a license or compact privilege; 28 | |
| 608 | 615 | (4) Non-confidential information related to alternative program 29 | |
| 609 | 616 | participation; 30 | |
| 610 | - | (5) Any denial of application for licensure, and the reason(s) for such | |
| 611 | - | 31 | |
| 612 | - | -19- Enrolled SB 74 | |
| 617 | + | (5) Any denial of application for licensure, and the reason(s) for such 31 33-LS0138\U | |
| 618 | + | SB0074B -19- CSSB 74(FIN) | |
| 619 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 620 | + | ||
| 613 | 621 | denial; and 1 | |
| 614 | 622 | (6) Other information that may facilitate the administration of this 2 | |
| 615 | 623 | Compact, as determined by the rules of the Commission. 3 | |
| 616 | 624 | (c) Investigative information pertaining to a licensee in any member state will 4 | |
| 617 | 625 | only be available to other party states. 5 | |
| 618 | 626 | (d) The Commission shall promptly notify all member states of any adverse 6 | |
| 619 | 627 | action taken against a licensee or an individual applying for a license. Adverse action 7 | |
| 620 | 628 | information pertaining to a licensee in any member state will be available to any other 8 | |
| 621 | 629 | member state. 9 | |
| 622 | 630 | (e) Member states contributing information to the data system may designate 10 | |
| 623 | 631 | information that may not be shared with the public without the express permission of 11 | |
| 624 | 632 | the contributing state. 12 | |
| 625 | 633 | (f) Any information submitted to the data system that is subsequently required 13 | |
| 626 | 634 | to be expunged by the laws of the member state contributing the information shall be 14 | |
| 627 | 635 | removed from the data system. 15 | |
| 628 | 636 | SECTION 9. RULEMAKING 16 | |
| 629 | 637 | (a) The Commission shall exercise its rulemaking powers pursuant to the 17 | |
| 630 | 638 | criteria set forth in this Section and the rules adopted thereunder. Rules and 18 | |
| 631 | 639 | amendments shall become binding as of the date specified in each rule or amendment. 19 | |
| 632 | 640 | (b) If a majority of the legislatures of the member states rejects a rule, by 20 | |
| 633 | 641 | enactment of a statute or resolution in the same manner used to adopt the Compact 21 | |
| 634 | 642 | within 4 years of the date of adoption of the rule, then such rule shall have no further 22 | |
| 635 | 643 | force and effect in any member state. 23 | |
| 636 | 644 | (c) Rules or amendments to the rules shall be adopted at a regular or special 24 | |
| 637 | 645 | meeting of the Commission. 25 | |
| 638 | 646 | (d) Prior to promulgation and adoption of a final rule or rules by the 26 | |
| 639 | 647 | Commission, and at least thirty (30) days in advance of the meeting at which the rule 27 | |
| 640 | 648 | will be considered and voted upon, the Commission shall file a Notice of Proposed 28 | |
| 641 | 649 | Rulemaking: 29 | |
| 642 | 650 | (1) On the website of the Commission or other publicly accessible 30 | |
| 643 | - | platform; and 31 | |
| 644 | - | Enrolled SB 74 -20- | |
| 651 | + | platform; and 31 33-LS0138\U | |
| 652 | + | CSSB 74(FIN) -20- SB0074B | |
| 653 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 654 | + | ||
| 645 | 655 | (2) On the website of each member state physical therapy licensing 1 | |
| 646 | 656 | board or other publicly accessible platform or the publication in which each state 2 | |
| 647 | 657 | would otherwise publish proposed rules. 3 | |
| 648 | 658 | (e) The Notice of Proposed Rulemaking shall include: 4 | |
| 649 | 659 | (1) The proposed time, date, and location of the meeting in which the 5 | |
| 650 | 660 | rule will be considered and voted upon; 6 | |
| 651 | 661 | (2) The text of the proposed rule or amendment and the reason for the 7 | |
| 652 | 662 | proposed rule; 8 | |
| 653 | 663 | (3) A request for comments on the proposed rule from any interested 9 | |
| 654 | 664 | person; and 10 | |
| 655 | 665 | (4) The manner in which interested persons may submit notice to the 11 | |
| 656 | 666 | Commission of their intention to attend the public hearing and any written comments. 12 | |
| 657 | 667 | (f) Prior to adoption of a proposed rule, the Commission shall allow persons to 13 | |
| 658 | 668 | submit written data, facts, opinions, and arguments, which shall be made available to 14 | |
| 659 | 669 | the public. 15 | |
| 660 | 670 | (g) The Commission shall grant an opportunity for a public hearing before it 16 | |
| 661 | 671 | adopts a rule or amendment if a hearing is requested by: 17 | |
| 662 | 672 | (1) At least twenty-five (25) persons; 18 | |
| 663 | 673 | (2) A state or federal governmental subdivision or agency; or 19 | |
| 664 | 674 | (3) An association having at least twenty-five (25) members. 20 | |
| 665 | 675 | (h) If a hearing is held on the proposed rule or amendment, the Commission 21 | |
| 666 | 676 | shall publish the place, time, and date of the scheduled public hearing. If the hearing is 22 | |
| 667 | 677 | held via electronic means, the Commission shall publish the mechanism for access to 23 | |
| 668 | 678 | the electronic hearing. 24 | |
| 669 | 679 | (1) All persons wishing to be heard at the hearing shall notify the 25 | |
| 670 | 680 | executive director of the Commission or other designated member in writing of their 26 | |
| 671 | 681 | desire to appear and testify at the hearing not less than five (5) business days before 27 | |
| 672 | 682 | the scheduled date of the hearing. 28 | |
| 673 | 683 | (2) Hearings shall be conducted in a manner providing each person 29 | |
| 674 | 684 | who wishes to comment a fair and reasonable opportunity to comment orally or in 30 | |
| 675 | - | writing. 31 | |
| 676 | - | -21- Enrolled SB 74 | |
| 685 | + | writing. 31 33-LS0138\U | |
| 686 | + | SB0074B -21- CSSB 74(FIN) | |
| 687 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 688 | + | ||
| 677 | 689 | (3) All hearings will be recorded. A copy of the recording will be made 1 | |
| 678 | 690 | available on request. 2 | |
| 679 | 691 | (4) Nothing in this section shall be construed as requiring a separate 3 | |
| 680 | 692 | hearing on each rule. Rules may be grouped for the convenience of the Commission at 4 | |
| 681 | 693 | hearings required by this section. 5 | |
| 682 | 694 | (i) Following the scheduled hearing date, or by the close of business on the 6 | |
| 683 | 695 | scheduled hearing date if the hearing was not held, the Commission shall consider all 7 | |
| 684 | 696 | written and oral comments received. 8 | |
| 685 | 697 | (j) If no written notice of intent to attend the public hearing by interested 9 | |
| 686 | 698 | parties is received, the Commission may proceed with promulgation of the proposed 10 | |
| 687 | 699 | rule without a public hearing. 11 | |
| 688 | 700 | (k) The Commission shall, by majority vote of all members, take final action 12 | |
| 689 | 701 | on the proposed rule and shall determine the effective date of the rule, if any, based on 13 | |
| 690 | 702 | the rulemaking record and the full text of the rule. 14 | |
| 691 | 703 | (l) Upon determination that an emergency exists, the Commission may 15 | |
| 692 | 704 | consider and adopt an emergency rule without prior notice, opportunity for comment, 16 | |
| 693 | 705 | or hearing, provided that the usual rulemaking procedures provided in the Compact 17 | |
| 694 | 706 | and in this section shall be retroactively applied to the rule as soon as reasonably 18 | |
| 695 | 707 | possible, in no event later than ninety (90) days after the effective date of the rule. For 19 | |
| 696 | 708 | the purposes of this provision, an emergency rule is one that must be adopted 20 | |
| 697 | 709 | immediately in order to: 21 | |
| 698 | 710 | (1) Meet an imminent threat to public health, safety, or welfare; 22 | |
| 699 | 711 | (2) Prevent a loss of Commission or member state funds; 23 | |
| 700 | 712 | (3) Meet a deadline for the promulgation of an administrative rule that 24 | |
| 701 | 713 | is established by federal law or rule; or 25 | |
| 702 | 714 | (4) Protect public health and safety. 26 | |
| 703 | 715 | (m) The Commission or an authorized committee of the Commission may 27 | |
| 704 | 716 | direct revisions to a previously adopted rule or amendment for purposes of correcting 28 | |
| 705 | 717 | typographical errors, errors in format, errors in consistency, or grammatical errors. 29 | |
| 706 | 718 | Public notice of any revisions shall be posted on the website of the Commission. The 30 | |
| 707 | - | revision shall be subject to challenge by any person for a period of thirty (30) days 31 | |
| 708 | - | Enrolled SB 74 -22- | |
| 719 | + | revision shall be subject to challenge by any person for a period of thirty (30) days 31 33-LS0138\U | |
| 720 | + | CSSB 74(FIN) -22- SB0074B | |
| 721 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 722 | + | ||
| 709 | 723 | after posting. The revision may be challenged only on grounds that the revision results 1 | |
| 710 | 724 | in a material change to a rule. A challenge shall be made in writing, and delivered to 2 | |
| 711 | 725 | the chair of the Commission prior to the end of the notice period. If no challenge is 3 | |
| 712 | 726 | made, the revision will take effect without further action. If the revision is challenged, 4 | |
| 713 | 727 | the revision may not take effect without the approval of the Commission. 5 | |
| 714 | 728 | SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 6 | |
| 715 | 729 | (a) Oversight 7 | |
| 716 | 730 | (1) The executive, legislative, and judicial branches of state 8 | |
| 717 | 731 | government in each member state shall enforce this Compact and take all actions 9 | |
| 718 | 732 | necessary and appropriate to effectuate the Compact's purposes and intent. The 10 | |
| 719 | 733 | provisions of this Compact and the rules promulgated hereunder shall have standing as 11 | |
| 720 | 734 | statutory law. 12 | |
| 721 | 735 | (2) All courts shall take judicial notice of the Compact and the rules in 13 | |
| 722 | 736 | any judicial or administrative proceeding in a member state pertaining to the subject 14 | |
| 723 | 737 | matter of this Compact which may affect the powers, responsibilities or actions of the 15 | |
| 724 | 738 | Commission. 16 | |
| 725 | 739 | (3) The Commission shall be entitled to receive service of process in 17 | |
| 726 | 740 | any such proceeding, and shall have standing to intervene in such a proceeding for all 18 | |
| 727 | 741 | purposes. Failure to provide service of process to the Commission shall render a 19 | |
| 728 | 742 | judgment or order void as to the Commission, this Compact, or promulgated rules. 20 | |
| 729 | 743 | (b) Default, Technical Assistance, and Termination 21 | |
| 730 | 744 | (1) If the Commission determines that a member state has defaulted in 22 | |
| 731 | 745 | the performance of its obligations or responsibilities under this Compact or the 23 | |
| 732 | 746 | promulgated rules, the Commission shall: 24 | |
| 733 | 747 | (A) Provide written notice to the defaulting state and other 25 | |
| 734 | 748 | member states of the nature of the default, the proposed means of curing the 26 | |
| 735 | 749 | default and/or any other action to be taken by the Commission; and 27 | |
| 736 | 750 | (B) Provide remedial training and specific technical assistance 28 | |
| 737 | 751 | regarding the default. 29 | |
| 738 | 752 | (2) If a state in default fails to cure the default, the defaulting state may 30 | |
| 739 | - | be terminated from the Compact upon an affirmative vote of a majority of the member 31 | |
| 740 | - | -23- Enrolled SB 74 | |
| 753 | + | be terminated from the Compact upon an affirmative vote of a majority of the member 31 33-LS0138\U | |
| 754 | + | SB0074B -23- CSSB 74(FIN) | |
| 755 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 756 | + | ||
| 741 | 757 | states, and all rights, privileges and benefits conferred by this Compact may be 1 | |
| 742 | 758 | terminated on the effective date of termination. A cure of the default does not relieve 2 | |
| 743 | 759 | the offending state of obligations or liabilities incurred during the period of default. 3 | |
| 744 | 760 | (3) Termination of membership in the Compact shall be imposed only 4 | |
| 745 | 761 | after all other means of securing compliance have been exhausted. Notice of intent to 5 | |
| 746 | 762 | suspend or terminate shall be given by the Commission to the governor, the majority 6 | |
| 747 | 763 | and minority leaders of the defaulting state's legislature, and each of the member 7 | |
| 748 | 764 | states. 8 | |
| 749 | 765 | (4) A state that has been terminated is responsible for all assessments, 9 | |
| 750 | 766 | obligations, and liabilities incurred through the effective date of termination, including 10 | |
| 751 | 767 | obligations that extend beyond the effective date of termination. 11 | |
| 752 | 768 | (5) The Commission shall not bear any costs related to a state that is 12 | |
| 753 | 769 | found to be in default or that has been terminated from the Compact, unless agreed 13 | |
| 754 | 770 | upon in writing between the Commission and the defaulting state. 14 | |
| 755 | 771 | (6) The defaulting state may appeal the action of the Commission by 15 | |
| 756 | 772 | petitioning the U.S. District Court for the District of Columbia or the federal district 16 | |
| 757 | 773 | where the Commission has its principal offices. The prevailing member shall be 17 | |
| 758 | 774 | awarded all costs of such litigation, including reasonable attorney's fees. 18 | |
| 759 | 775 | (c) Dispute Resolution 19 | |
| 760 | 776 | (1) Upon request by a member state, the Commission shall attempt to 20 | |
| 761 | 777 | resolve disputes related to the Compact that arise among member states and between 21 | |
| 762 | 778 | member and non-member states. 22 | |
| 763 | 779 | (2) The Commission shall promulgate a rule providing for both 23 | |
| 764 | 780 | mediation and binding dispute resolution for disputes as appropriate. 24 | |
| 765 | 781 | (d) Enforcement 25 | |
| 766 | 782 | (1) The Commission, in the reasonable exercise of its discretion, shall 26 | |
| 767 | 783 | enforce the provisions and rules of this Compact. 27 | |
| 768 | 784 | (2) By majority vote, the Commission may initiate legal action in the 28 | |
| 769 | 785 | United States District Court for the District of Columbia or the federal district where 29 | |
| 770 | 786 | the Commission has its principal offices against a member state in default to enforce 30 | |
| 771 | - | compliance with the provisions of the Compact and its promulgated rules and bylaws. | |
| 772 | - | 31 | |
| 773 | - | Enrolled SB 74 -24- | |
| 787 | + | compliance with the provisions of the Compact and its promulgated rules and bylaws. 31 33-LS0138\U | |
| 788 | + | CSSB 74(FIN) -24- SB0074B | |
| 789 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 790 | + | ||
| 774 | 791 | The relief sought may include both injunctive relief and damages. In the event judicial 1 | |
| 775 | 792 | enforcement is necessary, the prevailing member shall be awarded all costs of such 2 | |
| 776 | 793 | litigation, including reasonable attorney's fees. 3 | |
| 777 | 794 | (3) The remedies herein shall not be the exclusive remedies of the 4 | |
| 778 | 795 | Commission. The Commission may pursue any other remedies available under federal 5 | |
| 779 | 796 | or state law. 6 | |
| 780 | 797 | SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION 7 | |
| 781 | 798 | FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, 8 | |
| 782 | 799 | AND AMENDMENT 9 | |
| 783 | 800 | (a) The Compact shall come into effect on the date on which the Compact 10 | |
| 784 | 801 | statute is enacted into law in the tenth member state. The provisions, which become 11 | |
| 785 | 802 | effective at that time, shall be limited to the powers granted to the Commission 12 | |
| 786 | 803 | relating to assembly and the promulgation of rules. Thereafter, the Commission shall 13 | |
| 787 | 804 | meet and exercise rulemaking powers necessary to the implementation and 14 | |
| 788 | 805 | administration of the Compact. 15 | |
| 789 | 806 | (b) Any state that joins the Compact subsequent to the Commission's initial 16 | |
| 790 | 807 | adoption of the rules shall be subject to the rules as they exist on the date on which the 17 | |
| 791 | 808 | Compact becomes law in that state. Any rule that has been previously adopted by the 18 | |
| 792 | 809 | Commission shall have the full force and effect of law on the day the Compact 19 | |
| 793 | 810 | becomes law in that state. 20 | |
| 794 | 811 | (c) Any member state may withdraw from this Compact by enacting a statute 21 | |
| 795 | 812 | repealing the same. 22 | |
| 796 | 813 | (1) A member state's withdrawal shall not take effect until six (6) 23 | |
| 797 | 814 | months after enactment of the repealing statute. 24 | |
| 798 | 815 | (2) Withdrawal shall not affect the continuing requirement of the 25 | |
| 799 | 816 | withdrawing state's physical therapy licensing board to comply with the investigative 26 | |
| 800 | 817 | and adverse action reporting requirements of this act prior to the effective date of 27 | |
| 801 | 818 | withdrawal. 28 | |
| 802 | 819 | (d) Nothing contained in this Compact shall be construed to invalidate or 29 | |
| 803 | 820 | prevent any physical therapy licensure agreement or other cooperative arrangement 30 | |
| 804 | - | between a member state and a non-member state that does not conflict with the 31 | |
| 805 | - | -25- Enrolled SB 74 | |
| 821 | + | between a member state and a non-member state that does not conflict with the 31 33-LS0138\U | |
| 822 | + | SB0074B -25- CSSB 74(FIN) | |
| 823 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 824 | + | ||
| 806 | 825 | provisions of this Compact. 1 | |
| 807 | 826 | (e) This Compact may be amended by the member states. No amendment to 2 | |
| 808 | 827 | this Compact shall become effective and binding upon any member state until it is 3 | |
| 809 | 828 | enacted into the laws of all member states. 4 | |
| 810 | 829 | SECTION 12. CONSTRUCTION AND SEVERABILITY 5 | |
| 811 | - | This Compact shall be liberally construed so as to effectuate the purposes 6 | |
| 812 | - | thereof. The provisions of this Compact shall be severable and if any phrase, clause, 7 | |
| 813 | - | sentence or provision of this Compact is declared to be contrary to the constitution of 8 | |
| 814 | - | any party state or of the United States or the applicability thereof to any government, 9 | |
| 815 | - | agency, person or circumstance is held invalid, the validity of the remainder of this 10 | |
| 816 | - | Compact and the applicability thereof to any government, agency, person or 11 | |
| 817 | - | circumstance shall not be affected thereby. If this Compact shall be held contrary to 12 | |
| 818 | - | the constitution of any party state, the Compact shall remain in full force and effect as 13 | |
| 819 | - | to the remaining party states and in full force and effect as to the party state affected as 14 | |
| 820 | - | to all severable matters. 15 | |
| 821 | - | * Sec. 8. AS 12.62.400(a) is amended to read: 16 | |
| 822 | - | (a) To obtain a national criminal history record check for determining a 17 | |
| 823 | - | person's qualifications for a license, permit, registration, employment, or position, a 18 | |
| 824 | - | person shall submit the person's fingerprints to the department with the fee established 19 | |
| 825 | - | by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 20 | |
| 826 | - | of Investigation to obtain a national criminal history record check of the person for the 21 | |
| 827 | - | purpose of evaluating a person's qualifications for 22 | |
| 828 | - | (1) a license or conditional contractor's permit to manufacture, sell, 23 | |
| 829 | - | offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 24 | |
| 830 | - | under AS 04.09; 25 | |
| 831 | - | (2) licensure as a mortgage lender, a mortgage broker, or a mortgage 26 | |
| 832 | - | loan originator under AS 06.60; 27 | |
| 833 | - | (3) admission to the Alaska Bar Association under AS 08.08; 28 | |
| 834 | - | (4) licensure as a collection agency operator under AS 08.24; 29 | |
| 835 | - | (5) a certificate of fitness to handle explosives under AS 08.52; 30 | |
| 836 | - | (6) licensure as a massage therapist under AS 08.61; 31 | |
| 837 | - | Enrolled SB 74 -26- | |
| 838 | - | (7) licensure to practice nursing or certification as a nurse aide under 1 | |
| 839 | - | AS 08.68; 2 | |
| 840 | - | (8) certification as a real estate appraiser under AS 08.87; 3 | |
| 841 | - | (9) a position involving supervisory or disciplinary power over a minor 4 | |
| 842 | - | or dependent adult for which criminal justice information may be released under 5 | |
| 843 | - | AS 12.62.160(b)(9); 6 | |
| 844 | - | (10) a teacher certificate under AS 14.20; 7 | |
| 845 | - | (11) a registration or license to operate a marijuana establishment 8 | |
| 846 | - | under AS 17.38; 9 | |
| 847 | - | (12) admittance to a police training program under AS 18.65.230 or for 10 | |
| 848 | - | certification as a police officer under AS 18.65.240 if that person's prospective 11 | |
| 849 | - | employer does not have access to a criminal justice information system; 12 | |
| 850 | - | (13) licensure as a security guard under AS 18.65.400 - 18.65.490; 13 | |
| 851 | - | (14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 14 | |
| 852 | - | (15) licensure as an insurance producer, managing general agent, 15 | |
| 853 | - | reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 16 | |
| 854 | - | broker, or independent adjuster under AS 21.27; 17 | |
| 855 | - | (16) serving and executing process issued by a court by a person 18 | |
| 856 | - | designated under AS 22.20.130; 19 | |
| 857 | - | (17) a school bus driver license under AS 28.15.046; 20 | |
| 858 | - | (18) licensure as an operator or an instructor for a commercial driver 21 | |
| 859 | - | training school under AS 28.17; 22 | |
| 860 | - | (19) registration as a broker-dealer, agent, investment adviser 23 | |
| 861 | - | representative, or investment adviser under AS 45.56.300 - 45.56.350; 24 | |
| 862 | - | (20) licensure, license renewal, certification, certification renewal, or 25 | |
| 863 | - | payment from the Department of Health of an individual and an entity subject to the 26 | |
| 864 | - | requirements for a criminal history check under AS 47.05.310, including 27 | |
| 865 | - | (A) a public home care provider described in AS 47.05.017; 28 | |
| 866 | - | (B) a provider of home and community-based waiver services 29 | |
| 867 | - | financed under AS 47.07.030(c); 30 | |
| 868 | - | (C) a case manager to coordinate community mental health 31 | |
| 869 | - | -27- Enrolled SB 74 | |
| 870 | - | services under AS 47.30.530; 1 | |
| 871 | - | (D) an entity listed in AS 47.32.010(b) and (c), including an 2 | |
| 872 | - | owner, officer, director, member, partner, employee, volunteer, or contractor of 3 | |
| 873 | - | an entity; or 4 | |
| 874 | - | (E) an individual or entity not described in (A) - (D) of this 5 | |
| 875 | - | paragraph that is required by statute or regulation to be licensed or certified by 6 | |
| 876 | - | the Department of Health or that is eligible to receive payments, in whole or in 7 | |
| 877 | - | part, from the Department of Health to provide for the health, safety, and 8 | |
| 878 | - | welfare of persons who are served by the programs administered by the 9 | |
| 879 | - | Department of Health; 10 | |
| 880 | - | (21) employment as a village public safety officer under AS 18.65.672 11 | |
| 881 | - | or certification as a village public safety officer under AS 18.65.682; 12 | |
| 882 | - | (22) licensure, license renewal, certification, or certification renewal 13 | |
| 883 | - | by the Department of Family and Community Services of an individual or entity, or 14 | |
| 884 | - | payment from the Department of Family and Community Services to an individual or 15 | |
| 885 | - | entity, subject to the requirements for a criminal history check under AS 47.05.310 for 16 | |
| 886 | - | a foster home, child placement agency, and runaway shelter listed in AS 47.32.010(c), 17 | |
| 887 | - | including an owner, officer, director, member, partner, employee, volunteer, or 18 | |
| 888 | - | contractor of an entity; 19 | |
| 889 | - | (23) licensure as a pharmacist or pharmacy technician under AS 08.80; 20 | |
| 890 | - | (24) licensure as a physical therapist, physical therapist assistant, 21 | |
| 891 | - | occupational therapist, or occupational therapy assistant under AS 08.84. 22 | |
| 892 | - | * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 23 | |
| 893 | - | read: 24 | |
| 894 | - | TRANSITION: REGULATIONS. The Department of Commerce, Community, and 25 | |
| 895 | - | Economic Development and the State Physical Therapy and Occupational Therapy Board 26 | |
| 896 | - | may adopt regulations necessary to implement the changes made by this Act. The regulations 27 | |
| 897 | - | take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date 28 | |
| 898 | - | of the law implemented by the regulation. 29 | |
| 899 | - | * Sec. 10. Section 9 of this Act takes effect immediately under AS 01.10.070(c). 30 | |
| 900 | - | * Sec. 11. Except as provided in sec. 10 of this Act, this Act takes effect July 1, 2024. 31 | |
| 830 | + | This Compact shall be liberally construed so as to effectuate the purposes thereof. The 6 | |
| 831 | + | provisions of this Compact shall be severable and if any phrase, clause, sentence or provision 7 | |
| 832 | + | of this Compact is declared to be contrary to the constitution of any party state or of the 8 | |
| 833 | + | United States or the applicability thereof to any government, agency, person or circumstance 9 | |
| 834 | + | is held invalid, the validity of the remainder of this Compact and the applicability thereof to 10 | |
| 835 | + | any government, agency, person or circumstance shall not be affected thereby. If this 11 | |
| 836 | + | Compact shall be held contrary to the constitution of any party state, the Compact shall 12 | |
| 837 | + | remain in full force and effect as to the remaining party states and in full force and effect as to 13 | |
| 838 | + | the party state affected as to all severable matters. 14 | |
| 839 | + | * Sec. 8. AS 12.62.400(a), as amended by sec. 156, ch. 8, SLA 2022, is amended to read: 15 | |
| 840 | + | (a) To obtain a national criminal history record check for determining a 16 | |
| 841 | + | person's qualifications for a license, permit, registration, employment, or position, a 17 | |
| 842 | + | person shall submit the person's fingerprints to the department with the fee established 18 | |
| 843 | + | by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 19 | |
| 844 | + | of Investigation to obtain a national criminal history record check of the person for the 20 | |
| 845 | + | purpose of evaluating a person's qualifications for 21 | |
| 846 | + | (1) a license or conditional contractor's permit to manufacture, sell, 22 | |
| 847 | + | offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 23 | |
| 848 | + | under AS 04.09; 24 | |
| 849 | + | (2) licensure as a mortgage lender, a mortgage broker, or a mortgage 25 | |
| 850 | + | loan originator under AS 06.60; 26 | |
| 851 | + | (3) admission to the Alaska Bar Association under AS 08.08; 27 | |
| 852 | + | (4) licensure as a collection agency operator under AS 08.24; 28 | |
| 853 | + | (5) a certificate of fitness to handle explosives under AS 08.52; 29 | |
| 854 | + | (6) licensure as a massage therapist under AS 08.61; 30 | |
| 855 | + | (7) licensure to practice nursing or certification as a nurse aide under 31 33-LS0138\U | |
| 856 | + | CSSB 74(FIN) -26- SB0074B | |
| 857 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 858 | + | ||
| 859 | + | AS 08.68; 1 | |
| 860 | + | (8) certification as a real estate appraiser under AS 08.87; 2 | |
| 861 | + | (9) a position involving supervisory or disciplinary power over a minor 3 | |
| 862 | + | or dependent adult for which criminal justice information may be released under 4 | |
| 863 | + | AS 12.62.160(b)(9); 5 | |
| 864 | + | (10) a teacher certificate under AS 14.20; 6 | |
| 865 | + | (11) a registration or license to operate a marijuana establishment 7 | |
| 866 | + | under AS 17.38; 8 | |
| 867 | + | (12) admittance to a police training program under AS 18.65.230 or for 9 | |
| 868 | + | certification as a police officer under AS 18.65.240 if that person's prospective 10 | |
| 869 | + | employer does not have access to a criminal justice information system; 11 | |
| 870 | + | (13) licensure as a security guard under AS 18.65.400 - 18.65.490; 12 | |
| 871 | + | (14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 13 | |
| 872 | + | (15) licensure as an insurance producer, managing general agent, 14 | |
| 873 | + | reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 15 | |
| 874 | + | broker, or independent adjuster under AS 21.27; 16 | |
| 875 | + | (16) serving and executing process issued by a court by a person 17 | |
| 876 | + | designated under AS 22.20.130; 18 | |
| 877 | + | (17) a school bus driver license under AS 28.15.046; 19 | |
| 878 | + | (18) licensure as an operator or an instructor for a commercial driver 20 | |
| 879 | + | training school under AS 28.17; 21 | |
| 880 | + | (19) registration as a broker-dealer, agent, investment adviser 22 | |
| 881 | + | representative, or investment adviser under AS 45.56.300 - 45.56.350; 23 | |
| 882 | + | (20) licensure, license renewal, certification, certification renewal, or 24 | |
| 883 | + | payment from the Department of Health of an individual and an entity subject to the 25 | |
| 884 | + | requirements for a criminal history check under AS 47.05.310, including 26 | |
| 885 | + | (A) a public home care provider described in AS 47.05.017; 27 | |
| 886 | + | (B) a provider of home and community-based waiver services 28 | |
| 887 | + | financed under AS 47.07.030(c); 29 | |
| 888 | + | (C) a case manager to coordinate community mental health 30 | |
| 889 | + | services under AS 47.30.530; 31 33-LS0138\U | |
| 890 | + | SB0074B -27- CSSB 74(FIN) | |
| 891 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 892 | + | ||
| 893 | + | (D) an entity listed in AS 47.32.010(b) and (c), including an 1 | |
| 894 | + | owner, officer, director, member, partner, employee, volunteer, or contractor of 2 | |
| 895 | + | an entity; or 3 | |
| 896 | + | (E) an individual or entity not described in (A) - (D) of this 4 | |
| 897 | + | paragraph that is required by statute or regulation to be licensed or certified by 5 | |
| 898 | + | the Department of Health or that is eligible to receive payments, in whole or in 6 | |
| 899 | + | part, from the Department of Health to provide for the health, safety, and 7 | |
| 900 | + | welfare of persons who are served by the programs administered by the 8 | |
| 901 | + | Department of Health; 9 | |
| 902 | + | (21) employment as a village public safety officer under AS 18.65.672 10 | |
| 903 | + | or certification as a village public safety officer under AS 18.65.682; 11 | |
| 904 | + | (22) licensure, license renewal, certification, or certification renewal 12 | |
| 905 | + | by the Department of Family and Community Services of an individual or entity, or 13 | |
| 906 | + | payment from the Department of Family and Community Services to an individual or 14 | |
| 907 | + | entity, subject to the requirements for a criminal history check under AS 47.05.310 for 15 | |
| 908 | + | a foster home, child placement agency, and runaway shelter listed in AS 47.32.010(c), 16 | |
| 909 | + | including an owner, officer, director, member, partner, employee, volunteer, or 17 | |
| 910 | + | contractor of an entity; 18 | |
| 911 | + | (23) licensure as a physical therapist, physical therapist assistant, 19 | |
| 912 | + | occupational therapist, or occupational therapy assistant under AS 08.84. 20 | |
| 913 | + | * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 21 | |
| 914 | + | read: 22 | |
| 915 | + | TRANSITION: REGULATIONS. The Department of Commerce, Community, and 23 | |
| 916 | + | Economic Development and the State Physical Therapy and Occupational Therapy Board 24 | |
| 917 | + | may adopt regulations as necessary to implement the changes made by this Act. The 25 | |
| 918 | + | regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 26 | |
| 919 | + | effective date of the law implemented by the regulation. 27 | |
| 920 | + | * Sec. 10. Section 9 of this Act takes effect immediately under AS 01.10.070(c). 28 | |
| 921 | + | * Sec. 11. Except as provided in sec. 10 of this Act, this Act takes effect July 1, 2024. 29 |