Florida 2023 Regular Session

Florida House Bill H0281 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 281 2023
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8	8	hb0281-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to the Physical Therapy Licensure 2
16	16	Compact; creating s. 486.112, F.S.; creating the 3
17	17	Physical Therapy Licensure Compact; providing a 4
18	18	purpose and objectives of the compact; defining terms; 5
19	19	specifying requirements for state participation in the 6
20	20	compact; authorizing member states to obtain 7
21	21	biometric-based information from and conduct criminal 8
22	22	background checks on licensees applying for a compact 9
23	23	privilege; requiring member states to grant the 10
24	24	compact privilege to licensees if they meet specified 11
25	25	criteria; specifying criteria licensees must meet to 12
26	26	exercise the compact privilege under the compact; 13
27	27	providing for the expiration of the compact privilege; 14
28	28	requiring licensees practicing in a remote state under 15
29	29	the compact privilege to comply with the la ws and 16
30	30	rules of that state; subjecting licensees to the 17
31	31	regulatory authority of remote states where they 18
32	32	practice under the compact privilege; providing for 19
33	33	disciplinary action; specifying circumstances under 20
34	34	which licensees are ineligible for a compact 21
35	35	privilege; specifying conditions that a licensee must 22
36	36	meet to regain his or her compact privilege after an 23
37	37	adverse action; specifying locations active duty 24
38	38	military personnel and their spouses may use to 25
39	39
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	designate their home state for purposes of the 26
52	52	compact; providing that only a home state may impose 27
53	53	adverse action against a license issued by that state; 28
54	54	authorizing home states to take adverse action based 29
55	55	on investigative information of a remote state, 30
56	56	subject to certain requirements; providing 31
57	57	construction; directing member states that use 32
58	58	alternative programs in lieu of discipline to require 33
59	59	the licensee to agree not to practice in other member 34
60	60	states while participating in the program, unless 35
61	61	authorized by the member state; authorizing member 36
62	62	states to investigate violations by licensees in other 37
63	63	member states; authorizing member states to take 38
64	64	adverse action against compact privileges issued in 39
65	65	their respective states; providing for joint 40
66	66	investigations of licensees under the compact; 41
67	67	establishing the Physical Therapy Compact Commission; 42
68	68	providing for the venue and jurisdiction for court 43
69	69	proceedings by or against the commission; providing 44
70	70	construction; providing for commission membership, 45
71	71	voting, and meetings; authorizing the commission to 46
72	72	convene closed, nonpublic meetings under certain 47
73	73	circumstances; specifying duties and powers of the 48
74	74	commission; providing for membership and duties of the 49
75	75	executive board of the commission; providing for 50
76	76
77	77	HB 281 2023
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	financing of the commission; providing for qualified 51
89	89	immunity, defense, and indemnification of the 52
90	90	commission; requiring the commission to develop and 53
91	91	maintain a coordinated database and reporting system 54
92	92	for certain information about licensees under the 55
93	93	compact; requiring member states to submit specified 56
94	94	information to the system; requiring that information 57
95	95	contained in the system be available only to member 58
96	96	states; requiring the commission to promptly notify 59
97	97	all member states of reported adverse action taken 60
98	98	against licensees or applicants for licensure; 61
99	99	authorizing member states to designate reported 62
100	100	information as exempt from public disclosure; 63
101	101	providing for the removal of submitted information 64
102	102	from the system under certain circumstances; providing 65
103	103	for commission rulemaking; providing for state 66
104	104	enforcement of the compac t; providing for the default 67
105	105	and termination of compact membership; providing for 68
106	106	appeals and costs; providing procedures for the 69
107	107	resolution of certain disputes; providing for 70
108	108	enforcement against a defaulting state; providing 71
109	109	construction; providing for im plementation and 72
110	110	administration of the compact and associated rules; 73
111	111	providing that compact states that join after initial 74
112	112	adoption of the commission's rules are subject to such 75
113	113
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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123	123
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125	125	rules; specifying procedures for compact states to 76
126	126	withdraw from the compact; providing construction; 77
127	127	providing for amendment of the compact; providing 78
128	128	construction and severability; amending s. 456.073, 79
129	129	F.S.; requiring the Department of Health to report 80
130	130	certain investigative information to the data system; 81
131	131	amending s. 456.076, F.S. ; requiring monitoring 82
132	132	contracts for certain impaired practitioners 83
133	133	participating in treatment programs to contain 84
134	134	specified terms; amending s. 486.023, F.S.; requiring 85
135	135	the Board of Physical Therapy Practice to appoint an 86
136	136	individual to serve as the state's delegate on the 87
137	137	Physical Therapy Compact Commission; amending ss. 88
138	138	486.028, 486.031, 486.081, 486.102, and 486.107, F.S.; 89
139	139	exempting physical therapists and physical therapist 90
140	140	assistants from licensure requirements if they are 91
141	141	practicing in this state pursu ant to a compact 92
142	142	privilege under the compact; amending s. 486.125, 93
143	143	F.S.; authorizing the board to take adverse action 94
144	144	against the compact privilege of physical therapists 95
145	145	and physical therapist assistants for specified 96
146	146	prohibited acts; amending s. 768.28, F.S.; designating 97
147	147	the state delegate and other members or employees of 98
148	148	the commission as state agents for the purpose of 99
149	149	applying sovereign immunity and waivers of sovereign 100
150	150
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159	159
160	160
161	161
162	162	immunity; requiring the commission to pay certain 101
163	163	claims or judgments; authorizing the commission to 102
164	164	maintain insurance coverage to pay such claims or 103
165	165	judgments; amending ss. 486.025, 486.0715, and 104
166	166	486.1065, F.S.; conforming cross -references; providing 105
167	167	an effective date. 106
168	168	Be It Enacted by the Legislature of the State of Florida: 107
169	169	108
170	170	Section 1. Section 486.112, Florida Statutes, is created 109
171	171	to read: 110
172	172	486.112 Physical Therapy Licensure Compact. —The Physical 111
173	173	Therapy Licensure Compact is hereby enacted into law and entered 112
174	174	into by this state with all other jurisdictions legally joining 113
175	175	therein in the form substantially as follows: 114
176	176	115
177	177	ARTICLE I 116
178	178	PURPOSE AND OBJECTIVES 117
179	179	(1) The purpose of the compact is to facilitate interstate 118
180	180	practice of physical therapy with the goal of improving public 119
181	181	access to physical therapy services. The compact pres erves the 120
182	182	regulatory authority of member states to protect public health 121
183	183	and safety through their current systems of state licensure. For 122
184	184	purposes of state regulation under the compact, the practice of 123
185	185	physical therapy is deemed to have occurred in the sta te where 124
186	186	the patient is located at the time physical therapy is provided 125
187	187
188	188	HB 281 2023
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196	196
197	197
198	198
199	199	to the patient. 126
200	200	(2) The compact is designed to achieve all of the 127
201	201	following objectives: 128
202	202	(a) Increase public access to physical therapy services by 129
203	203	providing for the mutual recogni tion of other member state 130
204	204	licenses. 131
205	205	(b) Enhance the states' ability to protect the public's 132
206	206	health and safety. 133
207	207	(c) Encourage the cooperation of member states in 134
208	208	regulating multistate physical therapy practice. 135
209	209	(d) Support spouses of relocating milit ary members. 136
210	210	(e) Enhance the exchange of licensure, investigative, and 137
211	211	disciplinary information between member states. 138
212	212	(f) Allow a remote state to hold a provider of services 139
213	213	with a compact privilege in that state accountable to that 140
214	214	state's practice standards. 141
215	215	142
216	216	ARTICLE II 143
217	217	DEFINITIONS 144
218	218	As used in the compact, and except as otherwise provided, 145
219	219	the term: 146
220	220	(1)"Active duty military" means full -time duty status in 147
221	221	the active uniformed service of the United States, including 148
222	222	members of the National Guard and Reserve on active duty orders 149
223	223	pursuant to 10 U.S.C. chapter 1209 or chapter 1211. 150
224	224
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	(2) "Adverse action" means disciplinary action taken by a 151
237	237	physical therapy licensing board based upon misconduct, 152
238	238	unacceptable performance, or a combination of both. 153
239	239	(3) "Alternative program" means a nondisciplinary 154
240	240	monitoring or practice remediation process approved by a state's 155
241	241	physical therapy licensing board. The term includes, but is not 156
242	242	limited to, programs that address substance abuse issues. 157
243	243	(4) "Compact privileg e" means the authorization granted by 158
244	244	a remote state to allow a licensee from another member state to 159
245	245	practice as a physical therapist or physical therapist assistant 160
246	246	in the remote state under its laws and rules. 161
247	247	(5) "Continuing competence" means a requi rement, as a 162
248	248	condition of license renewal, to provide evidence of 163
249	249	participation in, and completion of, educational and 164
250	250	professional activities relevant to the practice of physical 165
251	251	therapy. 166
252	252	(6) "Data system" means the coordinated database and 167
253	253	reporting system created by the Physical Therapy Compact 168
254	254	Commission for the exchange of information between member states 169
255	255	relating to licensees or applicants under the compact, including 170
256	256	identifying information, licensure data, investigative 171
257	257	information, adverse actio ns, nonconfidential information 172
258	258	related to alternative program participation, any denials of 173
259	259	applications for licensure, and other information as specified 174
260	260	by commission rule. 175
261	261
262	262	HB 281 2023
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	(7) "Encumbered license" means a license that a physical 176
274	274	therapy licensing boa rd has limited in any way. 177
275	275	(8) "Executive board" means a group of directors elected 178
276	276	or appointed to act on behalf of, and within the powers granted 179
277	277	to them by, the commission. 180
278	278	(9) "Home state" means the member state that is the 181
279	279	licensee's primary state of residence. 182
280	280	(10) "Investigative information" means information, 183
281	281	records, and documents received or generated by a physical 184
282	282	therapy licensing board pursuant to an investigation. 185
283	283	(11) "Jurisprudence requirement" means the assessment of 186
284	284	an individual's knowledge of the laws and rules governing the 187
285	285	practice of physical therapy in a specific state. 188
286	286	(12) "Licensee" means an individual who currently holds an 189
287	287	authorization from a state to practice as a physical therapist 190
288	288	or physical therapist assistant. 191
289	289	(13) "Member state" means a state that has enacted the 192
290	290	compact. 193
291	291	(14) "Physical therapist" means an individual licensed by 194
292	292	a state to practice physical therapy. 195
293	293	(15) "Physical therapist assistant" means an individual 196
294	294	licensed by a state to assist a phys ical therapist in specified 197
295	295	areas of physical therapy. 198
296	296	(16) "Physical therapy" or "the practice of physical 199
297	297	therapy" means the care and services provided by or under the 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
307	307
308	308
309	309
310	310	direction and supervision of a licensed physical therapist. 201
311	311	(17) "Physical Therapy Compact Commission" or "commission" 202
312	312	means the national administrative body whose membership consists 203
313	313	of all states that have enacted the compact. 204
314	314	(18) "Physical therapy licensing board" means the agency 205
315	315	of a state which is responsible for the licensing and regulation 206
316	316	of physical therapists and physical therapist assistants. 207
317	317	(19) "Remote state" means a member state other than the 208
318	318	home state where a licensee is exercising or seeking to exercise 209
319	319	the compact privilege. 210
320	320	(20) "Rule" means a regulation, pri nciple, or directive 211
321	321	adopted by the commission which has the force of law. 212
322	322	(21) "State" means any state, commonwealth, district, or 213
323	323	territory of the United States of America which regulates the 214
324	324	practice of physical therapy. 215
325	325	216
326	326	ARTICLE III 217
327	327	STATE PARTICIPATION IN THE COMPACT 218
328	328	(1) To participate in the compact, a state must do all of 219
329	329	the following: 220
330	330	(a) Participate fully in the commission's data system, 221
331	331	including using the commission's unique identifier, as defined 222
332	332	by commission rule. 223
333	333	(b) Have a mechanism in place for receiving and 224
334	334	investigating complaints about licensees. 225
335	335
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	(c) Notify the commission, in accordance with the terms of 226
348	348	the compact and rules, of any adverse action or the availability 227
349	349	of investigative information regarding a licensee. 228
350	350	(d) Fully implement a criminal background check 229
351	351	requirement, within a timeframe established by commission rule, 230
352	352	which uses results from the Federal Bureau of Investigation 231
353	353	record search on criminal background checks to make licensure 232
354	354	decisions in accordance wi th subsection (2). 233
355	355	(e) Comply with the commission's rules. 234
356	356	(f) Use a recognized national examination as a requirement 235
357	357	for licensure pursuant to the commission's rules. 236
358	358	(g) Have continuing competence requirements as a condition 237
359	359	for license renewal. 238
360	360	(2) Upon adoption of the compact, a member state has the 239
361	361	authority to obtain biometric -based information from each 240
362	362	licensee applying for a compact privilege and submit this 241
363	363	information to the Federal Bureau of Investigation for a 242
364	364	criminal background check in accordance with 28 U.S.C. s. 534 243
365	365	and 34 U.S.C. s. 40316. 244
366	366	(3) A member state must grant the compact privilege to a 245
367	367	licensee holding a valid unencumbered license in another member 246
368	368	state in accordance with the terms of the compact and rules. 247
369	369	248
370	370	ARTICLE IV 249
371	371	COMPACT PRIVILEGE 250
372	372
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	(1) To exercise the compact privilege under the compact, a 251
385	385	licensee must satisfy all of the following conditions: 252
386	386	(a) Hold a license in the home state. 253
387	387	(b) Not have an encumbrance on any state license. 254
388	388	(c) Be eligible for a compac t privilege in all member 255
389	389	states in accordance with subsections (4), (7), and (8). 256
390	390	(d) Not have had an adverse action against any license or 257
391	391	compact privilege within the preceding 2 years. 258
392	392	(e) Notify the commission that the licensee is seeking the 259
393	393	compact privilege within a remote state. 260
394	394	(f) Meet any jurisprudence requirements established by the 261
395	395	remote state in which the licensee is seeking a compact 262
396	396	privilege. 263
397	397	(g) Report to the commission adverse action taken by any 264
398	398	nonmember state within 30 days a fter the date the adverse action 265
399	399	is taken. 266
400	400	(2) The compact privilege is valid until the expiration 267
401	401	date of the home license. The licensee must continue to meet the 268
402	402	requirements of subsection (1) to maintain the compact privilege 269
403	403	in a remote state. 270
404	404	(3) A licensee providing physical therapy in a remote 271
405	405	state under the compact privilege must comply with the laws and 272
406	406	rules of the remote state. 273
407	407	(4) A licensee providing physical therapy in a remote 274
408	408	state is subject to that state's regulatory authority. A re mote 275
409	409
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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419	419
420	420
421	421	state may, in accordance with due process and that state's laws, 276
422	422	remove a licensee's compact privilege in the remote state for a 277
423	423	specific period of time, impose fines, and take any other 278
424	424	necessary actions to protect the health and safety of its 279
425	425	citizens. The licensee is not eligible for a compact privilege 280
426	426	in any member state until the specific period of time for 281
427	427	removal has ended and all fines are paid. 282
428	428	(5) If a home state license is encumbered, the licensee 283
429	429	loses the compact privilege in any remote state until the 284
430	430	following conditions are met: 285
431	431	(a) The home state license is no longer encumbered. 286
432	432	(b) Two years have elapsed from the date of the adverse 287
433	433	action. 288
434	434	(6) Once an encumbered license in the home state is 289
435	435	restored to good standing, the lice nsee must meet the 290
436	436	requirements of subsection (1) to obtain a compact privilege in 291
437	437	any remote state. 292
438	438	(7) If a licensee's compact privilege in any remote state 293
439	439	is removed, the licensee loses the compact privilege in all 294
440	440	remote states until all of the foll owing conditions are met: 295
441	441	(a) The specific period of time for which the compact 296
442	442	privilege was removed has ended. 297
443	443	(b) All fines have been paid. 298
444	444	(c) Two years have elapsed from the date of the adverse 299
445	445	action. 300
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	(8) Once the requirements of subsection (7) have been met, 301
459	459	the licensee must meet the requirements of subsection (1) to 302
460	460	obtain a compact privilege in a remote state. 303
461	461	304
462	462	ARTICLE V 305
463	463	ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES 306
464	464	A licensee who is active duty military or is the spouse of 307
465	465	an individual who is active duty military may choose any of the 308
466	466	following locations to designate his or her home state: 309
467	467	(1) Home of record. 310
468	468	(2) Permanent change of station location. 311
469	469	(3) State of current residence, if it is different from 312
470	470	the home of record or permanent change of station location. 313
471	471	314
472	472	ARTICLE VI 315
473	473	ADVERSE ACTIONS 316
474	474	(1) A home state has exclusive power to impose adverse 317
475	475	action against a license issued by the home state. 318
476	476	(2) A home state may take adverse action based on the 319
477	477	investigative information of a remote state, so long as the home 320
478	478	state follows its own procedures for imposing adverse action. 321
479	479	(3) The compact does not override a member state's 322
480	480	decision that participation in an alternative program may be 323
481	481	used in lieu of adverse action and that s uch participation 324
482	482	remain nonpublic if required by the member state's laws. Member 325
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495	495	states must require licensees who enter any alternative programs 326
496	496	in lieu of discipline to agree not to practice in any other 327
497	497	member state during the term of the alternative p rogram without 328
498	498	prior authorization from such other member state. 329
499	499	(4) A member state may investigate actual or alleged 330
500	500	violations of the laws and rules for the practice of physical 331
501	501	therapy committed in any other member state by a physical 332
502	502	therapist or physical therapist assistant practicing under the 333
503	503	compact who holds a license or compact privilege in such other 334
504	504	member state. 335
505	505	(5) A remote state may do any of the following: 336
506	506	(a) Take adverse actions as set forth in subsection (4) of 337
507	507	article IV against a licensee's compact privilege in the state. 338
508	508	(b) Issue subpoenas for both hearings and investigations 339
509	509	which require the attendance and testimony of witnesses and the 340
510	510	production of evidence. Subpoenas issued by a physical therapy 341
511	511	licensing board in a member state for the attendance and 342
512	512	testimony of witnesses or for the production of evidence from 343
513	513	another member state must be enforced in the latter state by any 344
514	514	court of competent jurisdiction, according to the practice and 345
515	515	procedure of that court applicable t o subpoenas issued in 346
516	516	proceedings pending before it. The issuing authority shall pay 347
517	517	any witness fees, travel expenses, mileage, and other fees 348
518	518	required by the service laws of the state where the witnesses or 349
519	519	evidence is located. 350
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532	532	(c) If otherwise permitt ed by state law, recover from the 351
533	533	licensee the costs of investigations and disposition of cases 352
534	534	resulting from any adverse action taken against that licensee. 353
535	535	(6)(a) In addition to the authority granted to a member 354
536	536	state by its respective physical therap y practice act or other 355
537	537	applicable state law, a member state may participate with other 356
538	538	member states in joint investigations of licensees. 357
539	539	(b) Member states shall share any investigative, 358
540	540	litigation, or compliance materials in furtherance of any joint 359
541	541	or individual investigation initiated under the compact. 360
542	542	361
543	543	ARTICLE VII 362
544	544	ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION 363
545	545	(1) COMMISSION CREATED. —The member states hereby create 364
546	546	and establish a joint public agency known as the Physical 365
547	547	Therapy Compact Commission: 366
548	548	(a) The commission is an instrumentality of the member 367
549	549	states. 368
550	550	(b) Venue is proper, and judicial proceedings by or 369
551	551	against the commission shall be brought solely and exclusively 370
552	552	in a court of competent jurisdiction where the principal office 371
553	553	of the commission is located. The commission may waive venue and 372
554	554	jurisdictional defenses to the extent it adopts or consents to 373
555	555	participate in alternative dispute resolution proceedings. 374
556	556	(c) The compact may not be construed to be a waive r of 375
557	557
558	558	HB 281 2023
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb0281-00
564	564	Page 16 of 51
565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	sovereign immunity. 376
570	570	(2) MEMBERSHIP, VOTING, AND MEETINGS. — 377
571	571	(a) Each member state has and is limited to one delegate 378
572	572	selected by that member state's physical therapy licensing board 379
573	573	to serve on the commission. The delegate must be a current 380
574	574	member of the physical therapy licensing board who is a physical 381
575	575	therapist, a physical therapist assistant, a public member, or 382
576	576	the board administrator. 383
577	577	(b) A delegate may be removed or suspended from office as 384
578	578	provided by the law of the state from which the de legate is 385
579	579	appointed. Any vacancy occurring on the commission must be 386
580	580	filled by the physical therapy licensing board of the member 387
581	581	state for which the vacancy exists. 388
582	582	(c) Each delegate is entitled to one vote with regard to 389
583	583	the adoption of rules and bylaw s and shall otherwise have an 390
584	584	opportunity to participate in the business and affairs of the 391
585	585	commission. 392
586	586	(d) A delegate shall vote in person or by such other means 393
587	587	as provided in the bylaws. The bylaws may provide for delegates' 394
588	588	participation in meetings by telephone or other means of 395
589	589	communication. 396
590	590	(e) The commission shall meet at least once during each 397
591	591	calendar year. Additional meetings may be held as set forth in 398
592	592	the bylaws. 399
593	593	(f) All meetings must be open to the public, and public 400
594	594
595	595	HB 281 2023
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb0281-00
601	601	Page 17 of 51
602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603	603
604	604
605	605
606	606	notice of meetings must be given in the same manner as required 401
607	607	under the rulemaking provisions in article IX. 402
608	608	(g) The commission or the executive board or other 403
609	609	committees of the commission may convene in a closed, nonpublic 404
610	610	meeting if the commission or executive board or other committees 405
611	611	of the commission must discuss any of the following: 406
612	612	1. Noncompliance of a member state with its obligations 407
613	613	under the compact. 408
614	614	2. The employment, compensation, or discipline of, or 409
615	615	other matters, practices, or procedures related to, specific 410
616	616	employees or other matters related to the commission's internal 411
617	617	personnel practices and procedures. 412
618	618	3. Current, threatened, or reasonably anticipated 413
619	619	litigation against the commission, executive board, or other 414
620	620	committees of the commission. 415
621	621	4. Negotiation of contracts for the purchase, lease, or 416
622	622	sale of goods, services, or real estate. 417
623	623	5. An accusation of any person of a crime or a formal 418
624	624	censure of any person. 419
625	625	6. Information disclosing trade secrets or commercial or 420
626	626	financial information t hat is privileged or confidential. 421
627	627	7. Information of a personal nature where disclosure would 422
628	628	constitute a clearly unwarranted invasion of personal privacy. 423
629	629	8. Investigatory records compiled for law enforcement 424
630	630	purposes. 425
631	631
632	632	HB 281 2023
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb0281-00
638	638	Page 18 of 51
639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640	640
641	641
642	642
643	643	9. Information related to any investigative reports 426
644	644	prepared by or on behalf of or for use of the commission or 427
645	645	other committee charged with responsibility for investigation or 428
646	646	determination of compliance issues pursuant to the compact. 429
647	647	10. Matters specifically exempted from disclos ure by 430
648	648	federal or member state statute. 431
649	649	(h) If a meeting, or portion of a meeting, is closed 432
650	650	pursuant to this subsection, the commission's legal counsel or 433
651	651	designee must certify that the meeting may be closed and must 434
652	652	reference each relevant exempting pr ovision. 435
653	653	(i) The commission shall keep minutes that fully and 436
654	654	clearly describe all matters discussed in a meeting and shall 437
655	655	provide a full and accurate summary of actions taken and the 438
656	656	reasons therefore, including a description of the views 439
657	657	expressed. All documents considered in connection with an action 440
658	658	must be identified in the minutes. All minutes and documents of 441
659	659	a closed meeting must remain under seal, subject to release only 442
660	660	by a majority vote of the commission or order of a court of 443
661	661	competent jurisdiction. 444
662	662	(3) DUTIES.—The commission shall do all of the following: 445
663	663	(a) Establish the fiscal year of the commission. 446
664	664	(b) Establish bylaws. 447
665	665	(c) Maintain its financial records in accordance with the 448
666	666	bylaws. 449
667	667	(d) Meet and take such actions as are cons istent with the 450
668	668
669	669	HB 281 2023
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb0281-00
675	675	Page 19 of 51
676	676	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677	677
678	678
679	679
680	680	provisions of the compact and the bylaws. 451
681	681	(4) POWERS.—The commission may do any of the following: 452
682	682	(a) Adopt uniform rules to facilitate and coordinate 453
683	683	implementation and administration of the compact. The rules have 454
684	684	the force and effect of law and are be binding in all member 455
685	685	states. 456
686	686	(b) Bring and prosecute legal proceedings or actions in 457
687	687	the name of the commission, provided that the standing of any 458
688	688	state physical therapy licensing board to sue or be sued under 459
689	689	applicable law is not af fected. 460
690	690	(c) Purchase and maintain insurance and bonds. 461
691	691	(d) Borrow, accept, or contract for services of personnel, 462
692	692	including, but not limited to, employees of a member state. 463
693	693	(e) Hire employees and elect or appoint officers; fix 464
694	694	compensation of, defin e duties of, and grant appropriate 465
695	695	authority to such individuals to carry out the purposes of the 466
696	696	compact; and establish the commission's personnel policies and 467
697	697	programs relating to conflicts of interest, qualifications of 468
698	698	personnel, and other related pers onnel matters. 469
699	699	(f) Accept any appropriate donations and grants of money, 470
700	700	equipment, supplies, materials, and services and receive, use, 471
701	701	and dispose of the same, provided that at all times the 472
702	702	commission avoids any appearance of impropriety or conflict of 473
703	703	interest. 474
704	704	(g) Lease, purchase, accept appropriate gifts or donations 475
705	705
706	706	HB 281 2023
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb0281-00
712	712	Page 20 of 51
713	713	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714	714
715	715
716	716
717	717	of, or otherwise own, hold, improve, or use any property, real, 476
718	718	personal, or mixed, provided that at all times the commission 477
719	719	avoids any appearance of impropriety or conflict of intere st. 478
720	720	(h) Sell, convey, mortgage, pledge, lease, exchange, 479
721	721	abandon, or otherwise dispose of any property, real, personal, 480
722	722	or mixed. 481
723	723	(i) Establish a budget and make expenditures. 482
724	724	(j) Borrow money. 483
725	725	(k) Appoint committees, including standing committees 484
726	726	composed of members, state regulators, state legislators or 485
727	727	their representatives, and consumer representatives, and such 486
728	728	other interested persons as may be designated in the compact and 487
729	729	the bylaws. 488
730	730	(l) Provide information to, receive information from, a nd 489
731	731	cooperate with law enforcement agencies. 490
732	732	(m) Establish and elect an executive board. 491
733	733	(n) Perform such other functions as may be necessary or 492
734	734	appropriate to achieve the purposes of the compact consistent 493
735	735	with the state regulation of physical therapy licensure and 494
736	736	practice. 495
737	737	(5) THE EXECUTIVE BOARD. — 496
738	738	(a) The executive board may act on behalf of the 497
739	739	commission according to the terms of the compact. 498
740	740	(b) The executive board shall consist of the following 499
741	741	nine members: 500
742	742
743	743	HB 281 2023
744	744
745	745
746	746
747	747	CODING: Words stricken are deletions; words underlined are additions.
748	748	hb0281-00
749	749	Page 21 of 51
750	750	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751	751
752	752
753	753
754	754	1. Seven voting members who are elected by the commission 501
755	755	from the current membership of the commission. 502
756	756	2. One ex-officio, nonvoting member from the recognized 503
757	757	national physical therapy professional association. 504
758	758	3. One ex-officio, nonvoting member from the recognized 505
759	759	membership organization of the physical therapy licensing 506
760	760	boards. 507
761	761	(c) The ex-officio members shall be selected by their 508
762	762	respective organizations. 509
763	763	(d) The commission may remove any member of the executive 510
764	764	board as provided in its bylaws. 511
765	765	(e) The executive board shall meet at least annually. 512
766	766	(f) The executive board shall do all of the following: 513
767	767	1. Recommend to the entire commission changes to the rules 514
768	768	or bylaws, compact legislation, fees paid by compact member 515
769	769	states, such as annual dues, and any commission compact fee 516
770	770	charged to licensees for the compact privilege. 517
771	771	2. Ensure compact administration services are 518
772	772	appropriately provided, contractually or otherwise. 519
773	773	3. Prepare and recommend the budget. 520
774	774	4. Maintain financial records on behalf of the commissi on. 521
775	775	5. Monitor compact compliance of member states and provide 522
776	776	compliance reports to the commission. 523
777	777	6. Establish additional committees as necessary. 524
778	778	7. Perform other duties as provided in the rules or 525
779	779
780	780	HB 281 2023
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb0281-00
786	786	Page 22 of 51
787	787	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788	788
789	789
790	790
791	791	bylaws. 526
792	792	(6) FINANCING OF THE COMMISSION. — 527
793	793	(a) The commission shall pay, or provide for the payment 528
794	794	of, the reasonable expenses of its establishment, organization, 529
795	795	and ongoing activities. 530
796	796	(b) The commission may accept any appropriate revenue 531
797	797	sources, donations, and grants of money, equipment, suppl ies, 532
798	798	materials, and services. 533
799	799	(c) The commission may levy and collect an annual 534
800	800	assessment from each member state or impose fees on other 535
801	801	parties to cover the cost of the operations and activities of 536
802	802	the commission and its staff. Such assessments and fee s must be 537
803	803	in a total amount sufficient to cover its annual budget as 538
804	804	approved each year for which revenue is not provided by other 539
805	805	sources. The aggregate annual assessment amount must be 540
806	806	allocated based upon a formula to be determined by the 541
807	807	commission, which shall adopt a rule binding upon all member 542
808	808	states. 543
809	809	(d) The commission may not incur obligations of any kind 544
810	810	before securing the funds adequate to meet such obligations; nor 545
811	811	may the commission pledge the credit of any of the member 546
812	812	states, except by and with the authority of the member state. 547
813	813	(e) The commission shall keep accurate accounts of all 548
814	814	receipts and disbursements. The receipts and disbursements of 549
815	815	the commission are subject to the audit and accounting 550
816	816
817	817	HB 281 2023
818	818
819	819
820	820
821	821	CODING: Words stricken are deletions; words underlined are additions.
822	822	hb0281-00
823	823	Page 23 of 51
824	824	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825	825
826	826
827	827
828	828	procedures established under its bylaws . However, all receipts 551
829	829	and disbursements of funds handled by the commission must be 552
830	830	audited yearly by a certified or licensed public accountant, and 553
831	831	the report of the audit must be included in and become part of 554
832	832	the annual report of the commission. 555
833	833	(7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION. — 556
834	834	(a) The members, officers, executive director, employees, 557
835	835	and representatives of the commission are immune from suit and 558
836	836	liability, either personally or in their official capacity, for 559
837	837	any claim for damage to or loss of property or personal injury 560
838	838	or other civil liability caused by or arising out of any actual 561
839	839	or alleged act, error, or omission that occurred, or that the 562
840	840	person against whom the claim is made had a reasonable basis for 563
841	841	believing occurred, within the scope of commission employment, 564
842	842	duties, or responsibilities. However, this paragraph may not be 565
843	843	construed to protect any such person from suit or liability for 566
844	844	any damage, loss, injury, or liability caused by the 567
845	845	intentional, willful, or wanton misconduct of that person. 568
846	846	(b) The commission shall defend any member, officer, 569
847	847	executive director, employee, or representative of the 570
848	848	commission in any civil action seeking to impose liability 571
849	849	arising out of any actual or alleged act, error, or omission 572
850	850	that occurred within the scope of commission employment, duties, 573
851	851	or responsibilities, or that the person against whom the claim 574
852	852	is made had a reasonable basis for believing occurred within the 575
853	853
854	854	HB 281 2023
855	855
856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
859	859	hb0281-00
860	860	Page 24 of 51
861	861	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862	862
863	863
864	864
865	865	scope of commission employment, duties, or responsibilities. 576
866	866	However, this subsection may not be construed to prohibit any 577
867	867	member, officer, executive director, employee, or representative 578
868	868	of the commission from retaining his or her own counsel or to 579
869	869	require the commission to defend such person if the actual or 580
870	870	alleged act, error, or omission resulted from that person's 581
871	871	intentional, willful, or wanton misconduct. 582
872	872	(c) The commission shall indemnify and hold harmless any 583
873	873	member, officer, executive director, employee, or representative 584
874	874	of the commission for the amount o f any settlement or judgment 585
875	875	obtained against that person arising out of any actual or 586
876	876	alleged act, error, or omission that occurred within the scope 587
877	877	of commission employment, duties, or responsibilities, or that 588
878	878	such person had a reasonable basis for beli eving occurred within 589
879	879	the scope of commission employment, duties, or responsibilities, 590
880	880	provided that the actual or alleged act, error, or omission did 591
881	881	not result from the intentional, willful, or wanton misconduct 592
882	882	of that person. 593
883	883	594
884	884	ARTICLE VIII 595
885	885	DATA SYSTEM 596
886	886	(1) The commission shall provide for the development, 597
887	887	maintenance, and use of a coordinated database and reporting 598
888	888	system containing licensure, adverse action, and investigative 599
889	889	information on all licensees in member states. 600
890	890
891	891	HB 281 2023
892	892
893	893
894	894
895	895	CODING: Words stricken are deletions; words underlined are additions.
896	896	hb0281-00
897	897	Page 25 of 51
898	898	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899	899
900	900
901	901
902	902	(2) Notwithstanding any oth er provision of state law to 601
903	903	the contrary, a member state shall submit a uniform data set to 602
904	904	the data system on all individuals to whom the compact is 603
905	905	applicable as required by the rules of the commission, including 604
906	906	all of the following: 605
907	907	(a) Identifying information. 606
908	908	(b) Licensure data. 607
909	909	(c) Investigative information. 608
910	910	(d) Adverse actions against a license or compact 609
911	911	privilege. 610
912	912	(e) Nonconfidential information related to alternative 611
913	913	program participation. 612
914	914	(f) Any denial of application for licensure and the reason 613
915	915	for such denial. 614
916	916	(g) Other information that may facilitate the 615
917	917	administration of the compact, as determined by the rules of the 616
918	918	commission. 617
919	919	(3) Investigative information in the system pertaining to 618
920	920	a licensee in any member state must be available only to other 619
921	921	member states. 620
922	922	(4) The commission shall promptly notify all member states 621
923	923	of any adverse action taken against a licensee or an individual 622
924	924	applying for a license in a member state. Adverse action 623
925	925	information pertaining to a license e in any member state must be 624
926	926	available to all other member states. 625
927	927
928	928	HB 281 2023
929	929
930	930
931	931
932	932	CODING: Words stricken are deletions; words underlined are additions.
933	933	hb0281-00
934	934	Page 26 of 51
935	935	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936	936
937	937
938	938
939	939	(5) Member states contributing information to the data 626
940	940	system may designate information that may not be shared with the 627
941	941	public without the express permission of the contributing state. 628
942	942	(6) Any information submitted to the data system which is 629
943	943	subsequently required to be expunged by the laws of the member 630
944	944	state contributing the information must be removed from the data 631
945	945	system. 632
946	946	633
947	947	ARTICLE IX 634
948	948	RULEMAKING 635
949	949	(1) The commission shall exercise its rulemaking powers 636
950	950	pursuant to the criteria set forth in this article and the rules 637
951	951	adopted thereunder. Rules and amendments become binding as of 638
952	952	the date specified in each rule or amendment. 639
953	953	(2) If a majority of the legislatures of the member states 640
954	954	rejects a rule by enactment of a statute or resolution in the 641
955	955	same manner used to adopt the compact within 4 years after the 642
956	956	date of adoption of the rule, such rule does not have further 643
957	957	force and effect in any member state. 644
958	958	(3) Rules or amendments to th e rules must be adopted at a 645
959	959	regular or special meeting of the commission. 646
960	960	(4) Before adoption of a final rule or rules by the 647
961	961	commission, and at least 30 days before the meeting at which the 648
962	962	rule will be considered and voted upon, the commission must fi le 649
963	963	a notice of proposed rulemaking on all of the following: 650
964	964
965	965	HB 281 2023
966	966
967	967
968	968
969	969	CODING: Words stricken are deletions; words underlined are additions.
970	970	hb0281-00
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972	972	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973	973
974	974
975	975
976	976	(a) The website of the commission or another publicly 651
977	977	accessible platform. 652
978	978	(b) The website of each member state physical therapy 653
979	979	licensing board or another publicly accessible platform or the 654
980	980	publication in which each state would otherwise publish proposed 655
981	981	rules. 656
982	982	(5) The notice of proposed rulemaking must include all of 657
983	983	the following: 658
984	984	(a) The proposed date, time, and location of the meeting 659
985	985	in which the rule will be considered and voted upon. 660
986	986	(b) The text of the proposed rule or amendment and the 661
987	987	reason for the proposed rule. 662
988	988	(c) A request for comments on the proposed rule from any 663
989	989	interested person. 664
990	990	(d) The manner in which interested persons may submit 665
991	991	notice to the commission of t heir intention to attend the public 666
992	992	hearing and any written comments. 667
993	993	(6) Before adoption of a proposed rule, the commission 668
994	994	must allow persons to submit written data, facts, opinions, and 669
995	995	arguments, which must be made available to the public. 670
996	996	(7) The commission must grant an opportunity for a public 671
997	997	hearing before it adopts a rule or an amendment if a hearing is 672
998	998	requested by any of the following: 673
999	999	(a) At least 25 persons. 674
1000	1000	(b) A state or federal governmental subdivision or agency. 675
1001	1001
1002	1002	HB 281 2023
1003	1003
1004	1004
1005	1005
1006	1006	CODING: Words stricken are deletions; words underlined are additions.
1007	1007	hb0281-00
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1009	1009	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1010	1010
1011	1011
1012	1012
1013	1013	(c) An association having at least 25 members. 676
1014	1014	(8) If a scheduled public hearing is held on the proposed 677
1015	1015	rule or amendment, the commission must publish the date, time, 678
1016	1016	and location of the hearing. If the hearing is held through 679
1017	1017	electronic means, the commission must publi sh the mechanism for 680
1018	1018	access to the electronic hearing. 681
1019	1019	(a) All persons wishing to be heard at the hearing must 682
1020	1020	notify the executive director of the commission or another 683
1021	1021	designated member in writing of their desire to appear and 684
1022	1022	testify at the hearing at least 5 business days before the 685
1023	1023	scheduled date of the hearing. 686
1024	1024	(b) Hearings must be conducted in a manner providing each 687
1025	1025	person who wishes to comment a fair and reasonable opportunity 688
1026	1026	to comment orally or in writing. 689
1027	1027	(c) All hearings must be recorded . A copy of the recording 690
1028	1028	must be made available on request. 691
1029	1029	(d) This section may not be construed to require a 692
1030	1030	separate hearing on each rule. Rules may be grouped for the 693
1031	1031	convenience of the commission at hearings required by this 694
1032	1032	section. 695
1033	1033	(9) Following the scheduled hearing date, or by the close 696
1034	1034	of business on the scheduled hearing date if the hearing was not 697
1035	1035	held, the commission shall consider all written and oral 698
1036	1036	comments received. 699
1037	1037	(10) If no written notice of intent to attend the public 700
1038	1038
1039	1039	HB 281 2023
1040	1040
1041	1041
1042	1042
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1044	1044	hb0281-00
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1046	1046	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1047	1047
1048	1048
1049	1049
1050	1050	hearing by interested parties is received, the commission may 701
1051	1051	proceed with adoption of the proposed rule without a public 702
1052	1052	hearing. 703
1053	1053	(11) The commission shall, by majority vote of all 704
1054	1054	members, take final action on the proposed rule and shall 705
1055	1055	determine the effective date of the rule, if any, based on the 706
1056	1056	rulemaking record and the full text of the rule. 707
1057	1057	(12) Upon determination that an emergency exists, the 708
1058	1058	commission may consider and adopt an emergency rule without 709
1059	1059	prior notice, opportunity for comment, or hearing, p rovided that 710
1060	1060	the usual rulemaking procedures provided in the compact and in 711
1061	1061	this section are retroactively applied to the rule as soon as 712
1062	1062	reasonably possible, in no event later than 90 days after the 713
1063	1063	effective date of the rule. For the purposes of this sub section, 714
1064	1064	an emergency rule is one that must be adopted immediately in 715
1065	1065	order to do any of the following: 716
1066	1066	(a) Meet an imminent threat to public health, safety, or 717
1067	1067	welfare. 718
1068	1068	(b) Prevent a loss of commission or member state funds. 719
1069	1069	(c) Meet a deadline for the adoption of an administrative 720
1070	1070	rule established by federal law or rule. 721
1071	1071	(d) Protect public health and safety. 722
1072	1072	(13) The commission or an authorized committee of the 723
1073	1073	commission may direct revisions to a previously adopted rule or 724
1074	1074	amendment for purpose s of correcting typographical errors, 725
1075	1075
1076	1076	HB 281 2023
1077	1077
1078	1078
1079	1079
1080	1080	CODING: Words stricken are deletions; words underlined are additions.
1081	1081	hb0281-00
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1083	1083	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1084	1084
1085	1085
1086	1086
1087	1087	errors in format, errors in consistency, or grammatical errors. 726
1088	1088	Public notice of any revisions must be posted on the website of 727
1089	1089	the commission. The revision is subject to challenge by any 728
1090	1090	person for a period of 30 days after posting. The revision may 729
1091	1091	be challenged only on grounds that the revision results in a 730
1092	1092	material change to a rule. A challenge must be made in writing 731
1093	1093	and delivered to the chair of the commission before the end of 732
1094	1094	the notice period. If a challenge is not made, the revision 733
1095	1095	takes effect without further action. If the revision is 734
1096	1096	challenged, the revision may not take effect without the 735
1097	1097	approval of the commission. 736
1098	1098	737
1099	1099	ARTICLE X 738
1100	1100	OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 739
1101	1101	(1) OVERSIGHT.— 740
1102	1102	(a) The executive, legislative, and judicial branches of 741
1103	1103	state government in each member state shall enforce the compact 742
1104	1104	and take all actions necessary and appropriate to carry out the 743
1105	1105	compact's purposes and intent. The provisions of the compact and 744
1106	1106	the rules adopted pursuant thereto shall have standing as 745
1107	1107	statutory law. 746
1108	1108	(b) All courts shall take judicial notice of the compact 747
1109	1109	and the rules in any judicial or administrative proceeding in a 748
1110	1110	member state pertaining to the subject matter of the compact 749
1111	1111	which may affect the powers, responsibilities, or actions of the 750
1112	1112
1113	1113	HB 281 2023
1114	1114
1115	1115
1116	1116
1117	1117	CODING: Words stricken are deletions; words underlined are additions.
1118	1118	hb0281-00
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1120	1120	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1121	1121
1122	1122
1123	1123
1124	1124	commission. 751
1125	1125	(c) The commission is entitled to receive service of 752
1126	1126	process in any such proceeding and has standing to intervene in 753
1127	1127	such a proceeding for all purposes. Failure to provide service 754
1128	1128	of process to the commission renders a judgment or an order void 755
1129	1129	as to the commission, the compact, or the adopted rules. 756
1130	1130	(2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. — 757
1131	1131	(a) If the commission determines that a member state has 758
1132	1132	defaulted in the performance of its obligations or 759
1133	1133	responsibilities under the compact or the adopted rules, the 760
1134	1134	commission must do all of the following: 761
1135	1135	1. Provide written notice to the defaulting state and 762
1136	1136	other member states of the nature of the default, the proposed 763
1137	1137	means of curing the default, and any other action to be taken by 764
1138	1138	the commission. 765
1139	1139	2. Provide remedial training and specific technical 766
1140	1140	assistance regarding the default. 767
1141	1141	(b) If a state in default fails to cure the default, the 768
1142	1142	defaulting state may be terminated from the com pact upon an 769
1143	1143	affirmative vote of a majority of the member states, and all 770
1144	1144	rights, privileges, and benefits conferred by the compact may be 771
1145	1145	terminated on the effective date of termination. A cure of the 772
1146	1146	default does not relieve the offending state of obliga tions or 773
1147	1147	liabilities incurred during the period of default. 774
1148	1148	(c) Termination of membership in the compact may be 775
1149	1149
1150	1150	HB 281 2023
1151	1151
1152	1152
1153	1153
1154	1154	CODING: Words stricken are deletions; words underlined are additions.
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1157	1157	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1158	1158
1159	1159
1160	1160
1161	1161	imposed only after all other means of securing compliance have 776
1162	1162	been exhausted. The commission shall give notice of intent to 777
1163	1163	suspend or terminate a defaulting member state to the governor 778
1164	1164	and majority and minority leaders of the defaulting state's 779
1165	1165	legislature and to each of the member states. 780
1166	1166	(d) A state that has been terminated from the compact is 781
1167	1167	responsible for all assessments, obligations, and liabilities 782
1168	1168	incurred through the effective date of termination, including 783
1169	1169	obligations that extend beyond the effective date of 784
1170	1170	termination. 785
1171	1171	(e) The commission does not bear any costs related to a 786
1172	1172	state that is found to be in default or that has been terminated 787
1173	1173	from the compact, unless agreed upon in writing between the 788
1174	1174	commission and the defaulting state. 789
1175	1175	(f) The defaulting state may appeal the action of the 790
1176	1176	commission by petitioning the U.S. District Court for the 791
1177	1177	District of Columbia or the feder al district where the 792
1178	1178	commission has its principal offices. The prevailing member 793
1179	1179	shall be awarded all costs of such litigation, including 794
1180	1180	reasonable attorney fees. 795
1181	1181	(3) DISPUTE RESOLUTION. — 796
1182	1182	(a) Upon request by a member state, the commission must 797
1183	1183	attempt to resolve disputes related to the compact which arise 798
1184	1184	among member states and between member and nonmember states. 799
1185	1185	(b) The commission shall adopt a rule providing for both 800
1186	1186
1187	1187	HB 281 2023
1188	1188
1189	1189
1190	1190
1191	1191	CODING: Words stricken are deletions; words underlined are additions.
1192	1192	hb0281-00
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1194	1194	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1195	1195
1196	1196
1197	1197
1198	1198	mediation and binding dispute resolution for disputes as 801
1199	1199	appropriate. 802
1200	1200	(4) ENFORCEMENT.— 803
1201	1201	(a) The commission, in the reasonable exercise of its 804
1202	1202	discretion, shall enforce the compact and the commission's 805
1203	1203	rules. 806
1204	1204	(b) By majority vote, the commission may initiate legal 807
1205	1205	action in the United States District Court for the District of 808
1206	1206	Columbia or the federal district where the commission has its 809
1207	1207	principal offices against a member state in default to enforce 810
1208	1208	compliance with the provisions of the compact and its adopted 811
1209	1209	rules and bylaws. The relief sought may include both injunctive 812
1210	1210	relief and damages. In the event judicial enforcement is 813
1211	1211	necessary, the prevailing member shall be awarded all costs of 814
1212	1212	such litigation, including reasonable attorney fees. 815
1213	1213	(c) The remedies under this article are not the exclusive 816
1214	1214	remedies of the commission. Th e commission may pursue any other 817
1215	1215	remedies available under federal or state law. 818
1216	1216	819
1217	1217	ARTICLE XI 820
1218	1218	DATE OF IMPLEMENTATION OF THE PHYSICAL THERAPY COMPACT AND 821
1219	1219	ASSOCIATED RULES; WITHDRAWAL; AND AMENDMENTS 822
1220	1220	(1) The compact becomes effective on the date that the 823
1221	1221	compact statute is enacted into law in the tenth member state. 824
1222	1222	The provisions that become effective at that time are limited to 825
1223	1223
1224	1224	HB 281 2023
1225	1225
1226	1226
1227	1227
1228	1228	CODING: Words stricken are deletions; words underlined are additions.
1229	1229	hb0281-00
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1231	1231	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1232	1232
1233	1233
1234	1234
1235	1235	the powers granted to the commission relating to assembly and 826
1236	1236	the adoption of rules. Thereafter, the commission shall meet and 827
1237	1237	exercise rulemaking powers necessary for the implementation and 828
1238	1238	administration of the compact. 829
1239	1239	(2) Any state that joins the compact subsequent to the 830
1240	1240	commission's initial adoption of the rules is sub ject to the 831
1241	1241	rules as they exist on the date that the compact becomes law in 832
1242	1242	that state. Any rule that has been previously adopted by the 833
1243	1243	commission has the full force and effect of law on the day the 834
1244	1244	compact becomes law in that state. 835
1245	1245	(3) Any member stat e may withdraw from the compact by 836
1246	1246	enacting a statute repealing the same. 837
1247	1247	(a) A member state's withdrawal does not take effect until 838
1248	1248	6 months after enactment of the repealing statute. 839
1249	1249	(b) Withdrawal does not affect the continuing requirement 840
1250	1250	of the withdrawing state's physical therapy licensing board to 841
1251	1251	comply with the investigative and adverse action reporting 842
1252	1252	requirements of this act before the effective date of 843
1253	1253	withdrawal. 844
1254	1254	(4) The compact may not be construed to invalidate or 845
1255	1255	prevent any physical t herapy licensure agreement or other 846
1256	1256	cooperative arrangement between a member state and a nonmember 847
1257	1257	state which does not conflict with the provisions of the 848
1258	1258	compact. 849
1259	1259	(5) The compact may be amended by the member states. An 850
1260	1260
1261	1261	HB 281 2023
1262	1262
1263	1263
1264	1264
1265	1265	CODING: Words stricken are deletions; words underlined are additions.
1266	1266	hb0281-00
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1268	1268	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1269	1269
1270	1270
1271	1271
1272	1272	amendment to the compact does not become effective and binding 851
1273	1273	upon any member state until it is enacted into the laws of all 852
1274	1274	member states. 853
1275	1275	854
1276	1276	ARTICLE XII 855
1277	1277	CONSTRUCTION AND SEVERABILITY 856
1278	1278	The compact must be liberally construed so as to carry out 857
1279	1279	the purposes thereof. The provisions of the c ompact are 858
1280	1280	severable, and if any phrase, clause, sentence, or provision of 859
1281	1281	the compact is declared to be contrary to the constitution of 860
1282	1282	any member state or of the United States or the applicability 861
1283	1283	thereof to any government, agency, person, or circumstanc e is 862
1284	1284	held invalid, the validity of the remainder of the compact and 863
1285	1285	the applicability thereof to any government, agency, person, or 864
1286	1286	circumstance is not affected thereby. If the compact is held 865
1287	1287	contrary to the constitution of any member state, the compact 866
1288	1288	remains in full force and effect as to the remaining member 867
1289	1289	states and in full force and effect as to the member state 868
1290	1290	affected as to all severable matters. 869
1291	1291	Section 2. Subsection (10) of section 456.073, Florida 870
1292	1292	Statutes, is amended to read: 871
1293	1293	456.073 Disciplinary proceedings. —Disciplinary proceedings 872
1294	1294	for each board shall be within the jurisdiction of the 873
1295	1295	department. 874
1296	1296	(10)(a) The complaint and all information obtained 875
1297	1297
1298	1298	HB 281 2023
1299	1299
1300	1300
1301	1301
1302	1302	CODING: Words stricken are deletions; words underlined are additions.
1303	1303	hb0281-00
1304	1304	Page 36 of 51
1305	1305	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1306	1306
1307	1307
1308	1308
1309	1309	pursuant to the investigation by the department are confidential 876
1310	1310	and exempt from s. 11 9.07(1) until 10 days after probable cause 877
1311	1311	has been found to exist by the probable cause panel or by the 878
1312	1312	department, or until the regulated professional or subject of 879
1313	1313	the investigation waives his or her privilege of 880
1314	1314	confidentiality, whichever occurs first. 881
1315	1315	(b) The department shall report any significant 882
1316	1316	investigation information relating to a nurse holding a 883
1317	1317	multistate license to the coordinated licensure information 884
1318	1318	system pursuant to s. 464.0095 ; any investigative information 885
1319	1319	relating to a physical ther apist or physical therapist assistant 886
1320	1320	holding a compact privilege under the Physical Therapy Licensure 887
1321	1321	Compact to the data system pursuant to s. 486.112; , and any 888
1322	1322	significant investigatory information relating to a health care 889
1323	1323	practitioner practicing under the Professional Counselors 890
1324	1324	Licensure Compact to the data system pursuant to s. 491.017. 891
1325	1325	(c) Upon completion of the investigation and a 892
1326	1326	recommendation by the department to find probable cause, and 893
1327	1327	pursuant to a written request by the subject or the subj ect's 894
1328	1328	attorney, the department shall provide the subject an 895
1329	1329	opportunity to inspect the investigative file or, at the 896
1330	1330	subject's expense, forward to the subject a copy of the 897
1331	1331	investigative file. Notwithstanding s. 456.057, the subject may 898
1332	1332	inspect or receive a copy of any expert witness report or 899
1333	1333	patient record connected with the investigation if the subject 900
1334	1334
1335	1335	HB 281 2023
1336	1336
1337	1337
1338	1338
1339	1339	CODING: Words stricken are deletions; words underlined are additions.
1340	1340	hb0281-00
1341	1341	Page 37 of 51
1342	1342	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1343	1343
1344	1344
1345	1345
1346	1346	agrees in writing to maintain the confidentiality of any 901
1347	1347	information received under this subsection until 10 days after 902
1348	1348	probable cause is found and to mai ntain the confidentiality of 903
1349	1349	patient records pursuant to s. 456.057. The subject may file a 904
1350	1350	written response to the information contained in the 905
1351	1351	investigative file. Such response must be filed within 20 days 906
1352	1352	of mailing by the department, unless an extensio n of time has 907
1353	1353	been granted by the department. 908
1354	1354	(d) This subsection does not prohibit the department from 909
1355	1355	providing the complaint and any information obtained pursuant to 910
1356	1356	the department's investigation such information to any law 911
1357	1357	enforcement agency or to a ny other regulatory agency. 912
1358	1358	Section 3. Subsection (5) of section 456.076, Florida 913
1359	1359	Statutes, is amended to read: 914
1360	1360	456.076 Impaired practitioner programs. — 915
1361	1361	(5) A consultant shall enter into a participant contract 916
1362	1362	with an impaired practitioner and shal l establish the terms of 917
1363	1363	monitoring and shall include the terms in a participant 918
1364	1364	contract. In establishing the terms of monitoring, the 919
1365	1365	consultant may consider the recommendations of one or more 920
1366	1366	approved evaluators, treatment programs, or treatment provide rs. 921
1367	1367	A consultant may modify the terms of monitoring if the 922
1368	1368	consultant concludes, through the course of monitoring, that 923
1369	1369	extended, additional, or amended terms of monitoring are 924
1370	1370	required for the protection of the health, safety, and welfare 925
1371	1371
1372	1372	HB 281 2023
1373	1373
1374	1374
1375	1375
1376	1376	CODING: Words stricken are deletions; words underlined are additions.
1377	1377	hb0281-00
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1379	1379	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1380	1380
1381	1381
1382	1382
1383	1383	of the public. If the impaired practitioner is a health care 926
1384	1384	practitioner practicing under the Professional Counselors 927
1385	1385	Licensure Compact pursuant to s. 491.017, the terms of the 928
1386	1386	monitoring contract must include the impaired practitioner's 929
1387	1387	withdrawal from all practice unde r the compact. If the impaired 930
1388	1388	practitioner is a physical therapist or physical therapist 931
1389	1389	assistant practicing under the Physical Therapy Licensure 932
1390	1390	Compact pursuant to s. 486.112, the terms of the monitoring 933
1391	1391	contract must include the impaired practitioner' s withdrawal 934
1392	1392	from all practice under the compact unless authorized by a 935
1393	1393	member state. 936
1394	1394	Section 4. Subsection (5) is added to section 486.023, 937
1395	1395	Florida Statutes, to read: 938
1396	1396	486.023 Board of Physical Therapy Practice. — 939
1397	1397	(5) The board shall appoint an indi vidual to serve as the 940
1398	1398	state's delegate on the Physical Therapy Compact Commission, as 941
1399	1399	required under s. 486.112. 942
1400	1400	Section 5. Section 486.028, Florida Statutes, is amended 943
1401	1401	to read: 944
1402	1402	486.028 License to practice physical therapy required. —A 945
1403	1403	No person may not shall practice, or hold herself or himself out 946
1404	1404	as being able to practice, physical therapy in this state unless 947
1405	1405	she or he is licensed under in accordance with the provisions of 948
1406	1406	this chapter or holds a compact privilege in this state under 949
1407	1407	the Physical Therapy Licensure Compact as specified in s. 950
1408	1408
1409	1409	HB 281 2023
1410	1410
1411	1411
1412	1412
1413	1413	CODING: Words stricken are deletions; words underlined are additions.
1414	1414	hb0281-00
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1416	1416	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1417	1417
1418	1418
1419	1419
1420	1420	486.112.; however, Nothing in This chapter does not shall 951
1421	1421	prohibit any person licensed in this state under any other law 952
1422	1422	from engaging in the practice for which she or he is licensed. 953
1423	1423	Section 6. Section 486.031, Florida Statutes, is amended 954
1424	1424	to read: 955
1425	1425	486.031 Physical therapist; licensing requirements ; 956
1426	1426	exemption.— 957
1427	1427	(1) To be eligible for licensing as a physical therapist, 958
1428	1428	an applicant must: 959
1429	1429	(a)(1) Be at least 18 years old; 960
1430	1430	(b)(2) Be of good moral cha racter; and 961
1431	1431	(c)1.(3)(a) Have been graduated from a school of physical 962
1432	1432	therapy which has been approved for the educational preparation 963
1433	1433	of physical therapists by the appropriate accrediting agency 964
1434	1434	recognized by the Council for Higher Education Accreditatio n or 965
1435	1435	its successor Commission on Recognition of Postsecondary 966
1436	1436	Accreditation or the United States Department of Education at 967
1437	1437	the time of her or his graduation and have passed, to the 968
1438	1438	satisfaction of the board, the American Registry Examination 969
1439	1439	before prior to 1971 or a national examination approved by the 970
1440	1440	board to determine her or his fitness for practice as a physical 971
1441	1441	therapist under this chapter as hereinafter provided ; 972
1442	1442	2.(b) Have received a diploma from a program in physical 973
1443	1443	therapy in a foreign country and have educational credentials 974
1444	1444	deemed equivalent to those required for the educational 975
1445	1445
1446	1446	HB 281 2023
1447	1447
1448	1448
1449	1449
1450	1450	CODING: Words stricken are deletions; words underlined are additions.
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1453	1453	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1454	1454
1455	1455
1456	1456
1457	1457	preparation of physical therapists in this country, as 976
1458	1458	recognized by the appropriate agency as identified by the board, 977
1459	1459	and have passed to the satisfaction of the board an examination 978
1460	1460	to determine her or his fitness for practice as a physical 979
1461	1461	therapist under this chapter as hereinafter provided ; or 980
1462	1462	3.(c) Be entitled to licensure without examination as 981
1463	1463	provided in s. 486.081. 982
1464	1464	(2) A person licensed as a physical therapist in another 983
1465	1465	state who is practicing under the Physical Therapy Licensure 984
1466	1466	Compact pursuant to s. 486.112, and only within the scope 985
1467	1467	provided therein, is exempt from the li censure requirements of 986
1468	1468	this section. 987
1469	1469	Section 7. Section 486.081, Florida Statutes, is amended 988
1470	1470	to read: 989
1471	1471	486.081 Physical therapist; issuance of license without 990
1472	1472	examination to person passing examination of another authorized 991
1473	1473	examining board; fee ; exemption.— 992
1474	1474	(1) The board may grant cause a license without 993
1475	1475	examination, to be issued by through the department, without 994
1476	1476	examination to any applicant who presents evidence satisfactory 995
1477	1477	to the board of having passed the American Registry Examination 996
1478	1478	before prior to 1971 or an examination in physical therapy 997
1479	1479	before a similar lawfully authorized examining board of another 998
1480	1480	state, the District of Columbia, a territory, or a foreign 999
1481	1481	country, if the standards for licensure in physical therapy in 1000
1482	1482
1483	1483	HB 281 2023
1484	1484
1485	1485
1486	1486
1487	1487	CODING: Words stricken are deletions; words underlined are additions.
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1490	1490	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1491	1491
1492	1492
1493	1493
1494	1494	such other state, di strict, territory, or foreign country are 1001
1495	1495	determined by the board to be as high as those of this state, as 1002
1496	1496	established by rules adopted under pursuant to this chapter. Any 1003
1497	1497	person who holds a license pursuant to this section may use the 1004
1498	1498	words "physical ther apist" or "physiotherapist" or the letters 1005
1499	1499	"P.T." in connection with her or his name or place of business 1006
1500	1500	to denote her or his licensure hereunder. A person who holds a 1007
1501	1501	license pursuant to this section and obtains a doctoral degree 1008
1502	1502	in physical therapy may use the letters "D.P.T." and "P.T." A 1009
1503	1503	physical therapist who holds a degree of Doctor of Physical 1010
1504	1504	Therapy may not use the title "doctor" without also clearly 1011
1505	1505	informing the public of his or her profession as a physical 1012
1506	1506	therapist. 1013
1507	1507	(2) At the time of filing an making application for 1014
1508	1508	licensure without examination under pursuant to the terms of 1015
1509	1509	this section, the applicant shall pay to the department a 1016
1510	1510	nonrefundable fee not to exceed $175 , as determined fixed by the 1017
1511	1511	board, no part of which will be returned . 1018
1512	1512	(3) A person licensed as a physical therapist in another 1019
1513	1513	state who is practicing under the Physical Therapy Licensure 1020
1514	1514	Compact pursuant to s. 486.112, and only within the scope 1021
1515	1515	provided therein, is exempt from the licensure requirements of 1022
1516	1516	this section. 1023
1517	1517	Section 8. Section 486.102, Florida Statutes, is amended 1024
1518	1518	to read: 1025
1519	1519
1520	1520	HB 281 2023
1521	1521
1522	1522
1523	1523
1524	1524	CODING: Words stricken are deletions; words underlined are additions.
1525	1525	hb0281-00
1526	1526	Page 42 of 51
1527	1527	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1528	1528
1529	1529
1530	1530
1531	1531	486.102 Physical therapist assistant; licensing 1026
1532	1532	requirements; exemption.— 1027
1533	1533	(1) To be eligible for licensing by the board as a 1028
1534	1534	physical therapist assistant, an applicant must: 1029
1535	1535	(a)(1) Be at least 18 years old; 1030
1536	1536	(b)(2) Be of good moral character; and 1031
1537	1537	(c)1.(3)(a) Have been graduated from a school providing 1032
1538	1538	giving a course of at least not less than 2 years for physical 1033
1539	1539	therapist assistants, which has been approved for the 1034
1540	1540	educational preparation of physical therapist assistants by the 1035
1541	1541	appropriate accrediting agency recognized by the Council for 1036
1542	1542	Higher Education Accreditation or its successor Commission on 1037
1543	1543	Recognition of Postsecondary Accreditation or the United States 1038
1544	1544	Department of Educatio n, at the time of her or his graduation 1039
1545	1545	and have passed to the satisfaction of the board an examination 1040
1546	1546	to determine her or his fitness for practice as a physical 1041
1547	1547	therapist assistant under this chapter as hereinafter provided ; 1042
1548	1548	2.(b) Have been graduated from a school providing giving a 1043
1549	1549	course for physical therapist assistants in a foreign country 1044
1550	1550	and have educational credentials deemed equivalent to those 1045
1551	1551	required for the educational preparation of physical therapist 1046
1552	1552	assistants in this country, as recognized by the appropriate 1047
1553	1553	agency as identified by the board, and passed to the 1048
1554	1554	satisfaction of the board an examination to determine her or his 1049
1555	1555	fitness for practice as a physical therapist assistant under 1050
1556	1556
1557	1557	HB 281 2023
1558	1558
1559	1559
1560	1560
1561	1561	CODING: Words stricken are deletions; words underlined are additions.
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1563	1563	Page 43 of 51
1564	1564	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1565	1565
1566	1566
1567	1567
1568	1568	this chapter as hereinafter provided ; 1051
1569	1569	3.(c) Be entitled to licensure without examination as 1052
1570	1570	provided in s. 486.107; or 1053
1571	1571	4.(d) Have been enrolled between July 1, 2014, and July 1, 1054
1572	1572	2016, in a physical therapist assistant school in this state 1055
1573	1573	which was accredited at the time of enrollment; and 1056
1574	1574	a.1. Have been graduated or be eligible to graduate from 1057
1575	1575	such school no later than July 1, 2018; and 1058
1576	1576	b.2. Have passed to the satisfaction of the board an 1059
1577	1577	examination to determine his or her fitness for practice as a 1060
1578	1578	physical therapist assistant as provided in s. 486.104. 1061
1579	1579	(2) A person licensed as a physical therapist assistant in 1062
1580	1580	another state who is practicing under the Physical Therapy 1063
1581	1581	Licensure Compact pursuant to s. 486.112, and only within the 1064
1582	1582	scope provided therein, is exempt from the licensure 1065
1583	1583	requirements of this section. 1066
1584	1584	Section 9. Section 486.107, Florida Statutes, is amended 1067
1585	1585	to read: 1068
1586	1586	486.107 Physical therapist assistant; issuance of license 1069
1587	1587	without examination to person licensed in another jurisdiction; 1070
1588	1588	fee; exemption.— 1071
1589	1589	(1) The board may grant cause a license without 1072
1590	1590	examination, to be issued by through the department, without 1073
1591	1591	examination to any applicant who presents evidence to the board, 1074
1592	1592	under oath, of licensure in another state, the District of 1075
1593	1593
1594	1594	HB 281 2023
1595	1595
1596	1596
1597	1597
1598	1598	CODING: Words stricken are deletions; words underlined are additions.
1599	1599	hb0281-00
1600	1600	Page 44 of 51
1601	1601	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1602	1602
1603	1603
1604	1604
1605	1605	Columbia, or a territory, if the standard s for registering as a 1076
1606	1606	physical therapist assistant or licensing of a physical 1077
1607	1607	therapist assistant, as applicable the case may be, in such 1078
1608	1608	other state are determined by the board to be as high as those 1079
1609	1609	of this state, as established by rules adopted under pursuant to 1080
1610	1610	this chapter. Any person who holds a license pursuant to this 1081
1611	1611	section may use the words "physical therapist assistant," or the 1082
1612	1612	letters "P.T.A.," in connection with her or his name to denote 1083
1613	1613	licensure hereunder. 1084
1614	1614	(2) At the time of filing an making application for 1085
1615	1615	licensing without examination under pursuant to the terms of 1086
1616	1616	this section, the applicant shall pay to the department a 1087
1617	1617	nonrefundable fee not to exceed $175 , as determined fixed by the 1088
1618	1618	board, no part of which will be returned . 1089
1619	1619	(3) A person licensed as a physical therapist assistant in 1090
1620	1620	another state who is practicing under the Physical Therapy 1091
1621	1621	Licensure Compact pursuant to s. 486.112, and only within the 1092
1622	1622	scope provided therein, is exempt from the licensure 1093
1623	1623	requirements of this section . 1094
1624	1624	Section 10. Section 486.125, Florida Statutes, is amended 1095
1625	1625	to read: 1096
1626	1626	486.125 Refusal, revocation, or suspension of license; 1097
1627	1627	administrative fines and other disciplinary measures. — 1098
1628	1628	(1) The following acts constitute grounds for denial of a 1099
1629	1629	license or disciplinary action, as specified in s. 456.072(2) or 1100
1630	1630
1631	1631	HB 281 2023
1632	1632
1633	1633
1634	1634
1635	1635	CODING: Words stricken are deletions; words underlined are additions.
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1637	1637	Page 45 of 51
1638	1638	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1639	1639
1640	1640
1641	1641
1642	1642	s. 486.112: 1101
1643	1643	(a) Being unable to practice physical therapy with 1102
1644	1644	reasonable skill and safety to patients by reason of illness or 1103
1645	1645	use of alcohol, drugs, narcotics, chemicals, or any other type 1104
1646	1646	of material or as a result of any mental or physical condition. 1105
1647	1647	1. In enforcing this paragraph, upon a finding of the 1106
1648	1648	State Surgeon General or the State Surgeon General's designee 1107
1649	1649	that probable cause exists to believe that the licensee is 1108
1650	1650	unable to practice physic al therapy due to the reasons stated in 1109
1651	1651	this paragraph, the department shall have the authority to 1110
1652	1652	compel a physical therapist or physical therapist assistant to 1111
1653	1653	submit to a mental or physical examination by a physician 1112
1654	1654	designated by the department. If the licensee refuses to comply 1113
1655	1655	with such order, the department's order directing such 1114
1656	1656	examination may be enforced by filing a petition for enforcement 1115
1657	1657	in the circuit court where the licensee resides or serves as a 1116
1658	1658	physical therapy practitioner. The licensee a gainst whom the 1117
1659	1659	petition is filed may shall not be named or identified by 1118
1660	1660	initials in any public court records or documents, and the 1119
1661	1661	proceedings must shall be closed to the public. The department 1120
1662	1662	shall be entitled to the summary procedure provided in s. 1121
1663	1663	51.011. 1122
1664	1664	2. A physical therapist or physical therapist assistant 1123
1665	1665	whose license is suspended or revoked pursuant to this 1124
1666	1666	subsection shall, at reasonable intervals, be given an 1125
1667	1667
1668	1668	HB 281 2023
1669	1669
1670	1670
1671	1671
1672	1672	CODING: Words stricken are deletions; words underlined are additions.
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1675	1675	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1676	1676
1677	1677
1678	1678
1679	1679	opportunity to demonstrate that she or he can resume the 1126
1680	1680	competent practice of phy sical therapy with reasonable skill and 1127
1681	1681	safety to patients. 1128
1682	1682	3. Neither the record of proceeding nor the orders entered 1129
1683	1683	by the board in any proceeding under this subsection may be used 1130
1684	1684	against a physical therapist or physical therapist assistant in 1131
1685	1685	any other proceeding. 1132
1686	1686	(b) Having committed fraud in the practice of physical 1133
1687	1687	therapy or deceit in obtaining a license as a physical therapist 1134
1688	1688	or as a physical therapist assistant. 1135
1689	1689	(c) Being convicted or found guilty regardless of 1136
1690	1690	adjudication, of a crime in any jurisdiction which directly 1137
1691	1691	relates to the practice of physical therapy or to the ability to 1138
1692	1692	practice physical therapy. The entry of any plea of nolo 1139
1693	1693	contendere is shall be considered a conviction for purpose of 1140
1694	1694	this chapter. 1141
1695	1695	(d) Having treated or undertaken to treat human ailments 1142
1696	1696	by means other than by physical therapy, as defined in this 1143
1697	1697	chapter. 1144
1698	1698	(e) Failing to maintain acceptable standards of physical 1145
1699	1699	therapy practice as set forth by the board in rules adopted 1146
1700	1700	pursuant to this chapter. 1147
1701	1701	(f) Engaging directly or indirectly in the dividing, 1148
1702	1702	transferring, assigning, rebating, or refunding of fees received 1149
1703	1703	for professional services, or having been found to profit by 1150
1704	1704
1705	1705	HB 281 2023
1706	1706
1707	1707
1708	1708
1709	1709	CODING: Words stricken are deletions; words underlined are additions.
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1711	1711	Page 47 of 51
1712	1712	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1713	1713
1714	1714
1715	1715
1716	1716	means of a credit or other valuable consideration, such as an 1151
1717	1717	unearned commission, discount, or gratuity, with any person 1152
1718	1718	referring a patient or with any relative or business associate 1153
1719	1719	of the referring person. Nothing in This chapter may not shall 1154
1720	1720	be construed to prohibit the members of any regularly and 1155
1721	1721	properly organized business enti ty which is comprised of 1156
1722	1722	physical therapists and which is recognized under the laws of 1157
1723	1723	this state from making any division of their total fees among 1158
1724	1724	themselves as they determine necessary. 1159
1725	1725	(g) Having a license revoked or suspended; having had 1160
1726	1726	other disciplinary action taken against her or him; or having 1161
1727	1727	had her or his application for a license refused, revoked, or 1162
1728	1728	suspended by the licensing authority of another state, 1163
1729	1729	territory, or country. 1164
1730	1730	(h) Violating a lawful order of the board or department 1165
1731	1731	previously entered in a disciplinary hearing. 1166
1732	1732	(i) Making or filing a report or record which the licensee 1167
1733	1733	knows to be false. Such reports or records shall include only 1168
1734	1734	those which are signed in the capacity of a physical therapist. 1169
1735	1735	(j) Practicing or offering t o practice beyond the scope 1170
1736	1736	permitted by law or accepting and performing professional 1171
1737	1737	responsibilities which the licensee knows or has reason to know 1172
1738	1738	that she or he is not competent to perform, including, but not 1173
1739	1739	limited to, specific spinal manipulation. 1174
1740	1740	(k) Violating any provision of this chapter or chapter 1175
1741	1741
1742	1742	HB 281 2023
1743	1743
1744	1744
1745	1745
1746	1746	CODING: Words stricken are deletions; words underlined are additions.
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1749	1749	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1750	1750
1751	1751
1752	1752
1753	1753	456, or any rules adopted pursuant thereto. 1176
1754	1754	(2)(a) The board may enter an order denying licensure or 1177
1755	1755	imposing any of the penalties in s. 456.072(2) against any 1178
1756	1756	applicant for licensure or licensee wh o is found guilty of 1179
1757	1757	violating any provision of subsection (1) of this section or who 1180
1758	1758	is found guilty of violating any provision of s. 456.072(1). 1181
1759	1759	(b) The board may take adverse action against a physical 1182
1760	1760	therapist's or a physical therapist assistant's co mpact 1183
1761	1761	privilege under the Physical Therapy Licensure Compact pursuant 1184
1762	1762	to s. 486.112, and may impose any of the penalties in s. 1185
1763	1763	456.072(2), if a physical therapist or physical therapist 1186
1764	1764	assistant commits an act specified in subsection (1) or s. 1187
1765	1765	456.072(1). 1188
1766	1766	(3) The board may shall not reinstate the license of a 1189
1767	1767	physical therapist or physical therapist assistant or approve 1190
1768	1768	cause a license to be issued to a person it has deemed 1191
1769	1769	unqualified until such time as it is satisfied that she or he 1192
1770	1770	has complied with al l the terms and conditions set forth in the 1193
1771	1771	final order and that such person is capable of safely engaging 1194
1772	1772	in the practice of physical therapy. 1195
1773	1773	Section 11. Paragraph (i) is added to subsection (10) of 1196
1774	1774	section 768.28, Florida Statutes, to read: 1197
1775	1775	768.28 Waiver of sovereign immunity in tort actions; 1198
1776	1776	recovery limits; civil liability for damages caused during a 1199
1777	1777	riot; limitation on attorney fees; statute of limitations; 1200
1778	1778
1779	1779	HB 281 2023
1780	1780
1781	1781
1782	1782
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1786	1786	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1787	1787
1788	1788
1789	1789
1790	1790	exclusions; indemnification; risk management programs. — 1201
1791	1791	(10) 1202
1792	1792	(i) For purposes of thi s section, the individual appointed 1203
1793	1793	under s. 486.023(5) as the state's delegate on the Physical 1204
1794	1794	Therapy Compact Commission, when serving in that capacity 1205
1795	1795	pursuant to s. 486.112, and any administrator, officer, 1206
1796	1796	executive director, employee, or representativ e of the Physical 1207
1797	1797	Therapy Compact Commission, when acting within the scope of his 1208
1798	1798	or her employment, duties, or responsibilities in this state, is 1209
1799	1799	considered an agent of the state. The commission shall pay any 1210
1800	1800	claims or judgments pursuant to this section a nd may maintain 1211
1801	1801	insurance coverage to pay any such claims or judgments. 1212
1802	1802	Section 12. Section 486.025, Florida Statutes, is amended 1213
1803	1803	to read: 1214
1804	1804	486.025 Powers and duties of the Board of Physical Therapy 1215
1805	1805	Practice.—The board may administer oaths, summon wit nesses, take 1216
1806	1806	testimony in all matters relating to its duties under this 1217
1807	1807	chapter, establish or modify minimum standards of practice of 1218
1808	1808	physical therapy as defined in s. 486.021, including, but not 1219
1809	1809	limited to, standards of practice for the performance of dry 1220
1810	1810	needling by physical therapists, and adopt rules pursuant to ss. 1221
1811	1811	120.536(1) and 120.54 to implement this chapter. The board may 1222
1812	1812	also review the standing and reputability of any school or 1223
1813	1813	college offering courses in physical therapy and whether the 1224
1814	1814	courses of such school or college in physical therapy meet the 1225
1815	1815
1816	1816	HB 281 2023
1817	1817
1818	1818
1819	1819
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1823	1823	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1824	1824
1825	1825
1826	1826
1827	1827	standards established by the appropriate accrediting agency 1226
1828	1828	referred to in s. 486.031(1)(c) s. 486.031(3)(a). In determining 1227
1829	1829	the standing and reputability of any such school and whether the 1228
1830	1830	school and courses meet such standards, the board may 1229
1831	1831	investigate and personally inspect the school and courses. 1230
1832	1832	Section 13. Paragraph (b) of subsection (1) of section 1231
1833	1833	486.0715, Florida Statutes, is amended to read: 1232
1834	1834	486.0715 Physical therapist; issuance of temporary 1233
1835	1835	permit.— 1234
1836	1836	(1) The board shall issue a temporary physical therapist 1235
1837	1837	permit to an applicant who meets the following requirements: 1236
1838	1838	(b) Is a graduate of an approved United States physical 1237
1839	1839	therapy educational program and meets all the eligibility 1238
1840	1840	requirements for licensure under ch. 456, s. 486.031(1)(a)-(c)1. 1239
1841	1841	s. 486.031(1)-(3)(a), and related rules, except passage of a 1240
1842	1842	national examination approved by the board is not required. 1241
1843	1843	Section 14. Paragraph (b) of subsection (1) of section 1242
1844	1844	486.1065, Florida Statutes, is amended to read: 1243
1845	1845	486.1065 Physical therapist assistant; issuance of 1244
1846	1846	temporary permit.— 1245
1847	1847	(1) The board shall issue a temporary physical therapist 1246
1848	1848	assistant permit to an applicant who meets the following 1247
1849	1849	requirements: 1248
1850	1850	(b) Is a graduate of an approved United States physical 1249
1851	1851	therapy assistant educational program and meets all the 1250
1852	1852
1853	1853	HB 281 2023
1854	1854
1855	1855
1856	1856
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1860	1860	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1861	1861
1862	1862
1863	1863
1864	1864	eligibility requirements for licensure under ch. 456, s. 1251
1865	1865	486.102(1)(a)-(c)1. s. 486.102(1)-(3)(a), and related rules, 1252
1866	1866	except passage of a national examination a pproved by the board 1253
1867	1867	is not required. 1254
1868	1868	Section 15. This act shall take effect July 1, 2023. 1255