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