Illinois 2023-2024 Regular Session

Illinois House Bill HB1437 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1437 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED: 225 ILCS 90/33.5 new Amends the Illinois Physical Therapy Act. Provides that the State of Illinois ratifies and approves the Physical Therapy Licensure Compact. Provides that the purpose of the Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services, and states that the Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. In the Compact, contains provisions concerning definitions, state participation in the Compact, active duty military personnel and their spouses, adverse actions, establishment of the Physical Therapy Compact Commission, a data system, rulemaking, oversight, dispute resolution, and enforcement, date of implementation, withdrawal, construction, and severability. LRB103 24871 AMQ 51204 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1437 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED: 225 ILCS 90/33.5 new 225 ILCS 90/33.5 new Amends the Illinois Physical Therapy Act. Provides that the State of Illinois ratifies and approves the Physical Therapy Licensure Compact. Provides that the purpose of the Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services, and states that the Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. In the Compact, contains provisions concerning definitions, state participation in the Compact, active duty military personnel and their spouses, adverse actions, establishment of the Physical Therapy Compact Commission, a data system, rulemaking, oversight, dispute resolution, and enforcement, date of implementation, withdrawal, construction, and severability. LRB103 24871 AMQ 51204 b LRB103 24871 AMQ 51204 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1437 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 90/33.5 new 225 ILCS 90/33.5 new
4	4	225 ILCS 90/33.5 new
5	5	Amends the Illinois Physical Therapy Act. Provides that the State of Illinois ratifies and approves the Physical Therapy Licensure Compact. Provides that the purpose of the Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services, and states that the Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. In the Compact, contains provisions concerning definitions, state participation in the Compact, active duty military personnel and their spouses, adverse actions, establishment of the Physical Therapy Compact Commission, a data system, rulemaking, oversight, dispute resolution, and enforcement, date of implementation, withdrawal, construction, and severability.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Physical Therapy Act is amended by
15	15	5 adding Section 33.5 as follows:
16	16	6 (225 ILCS 90/33.5 new)
17	17	7 Sec. 33.5. Physical Therapy Licensure Compact. The State
18	18	8 of Illinois ratifies and approves the following Compact:
19	19	9 PHYSICAL THERAPY LICENSURE COMPACT
20	20	10 SECTION 1. PURPOSE
21	21	11 The purpose of this Compact is to facilitate interstate
22	22	12 practice of physical therapy with the goal of improving public
23	23	13 access to physical therapy services. The practice of physical
24	24	14 therapy occurs in the state where the patient/client is
25	25	15 located at the time of the patient/client encounter. The
26	26	16 Compact preserves the regulatory authority of states to
27	27	17 protect public health and safety through the current system of
28	28	18 state licensure.
29	29	19 This Compact is designed to achieve the following
30	30	20 objectives:
31	31	21 1. Increase public access to physical therapy services
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35	35	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1437 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED:
36	36	225 ILCS 90/33.5 new 225 ILCS 90/33.5 new
37	37	225 ILCS 90/33.5 new
38	38	Amends the Illinois Physical Therapy Act. Provides that the State of Illinois ratifies and approves the Physical Therapy Licensure Compact. Provides that the purpose of the Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services, and states that the Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. In the Compact, contains provisions concerning definitions, state participation in the Compact, active duty military personnel and their spouses, adverse actions, establishment of the Physical Therapy Compact Commission, a data system, rulemaking, oversight, dispute resolution, and enforcement, date of implementation, withdrawal, construction, and severability.
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41	41	A BILL FOR
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66	66	1 by providing for the mutual recognition of other member
67	67	2 state licenses;
68	68	3 2. Enhance the states' ability to protect the public's
69	69	4 health and safety;
70	70	5 3. Encourage the cooperation of member states in
71	71	6 regulating multi-state physical therapy practice;
72	72	7 4. Support spouses of relocating military members;
73	73	8 5. Enhance the exchange of licensure, investigative,
74	74	9 and disciplinary information between member states; and
75	75	10 6. Allow a remote state to hold a provider of services
76	76	11 with a compact privilege in that state accountable to that
77	77	12 state's practice standards.
78	78	13 SECTION 2. DEFINITIONS
79	79	14 As used in this Compact, and except as otherwise provided,
80	80	15 the following definitions shall apply:
81	81	16 1. "Active Duty Military" means full-time duty status in
82	82	17 the active uniformed service of the United States, including
83	83	18 members of the National Guard and Reserve on active duty
84	84	19 orders pursuant to 10 U.S.C. Section 1209 and 1211.
85	85	20 2. "Adverse Action" means disciplinary action taken by a
86	86	21 physical therapy licensing board based upon misconduct,
87	87	22 unacceptable performance, or a combination of both.
88	88	23 3. "Alternative Program" means a non-disciplinary
89	89	24 monitoring or practice remediation process approved by a
90	90	25 physical therapy licensing board. This includes, but is not
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101	101	1 limited to, substance abuse issues.
102	102	2 4. "Compact privilege" means the authorization granted by
103	103	3 a remote state to allow a licensee from another member state to
104	104	4 practice as a physical therapist or work as a physical
105	105	5 therapist assistant in the remote state under its laws and
106	106	6 rules. The practice of physical therapy occurs in the member
107	107	7 state where the patient/client is located at the time of the
108	108	8 patient/client encounter.
109	109	9 5. "Continuing competence" means a requirement, as a
110	110	10 condition of license renewal, to provide evidence of
111	111	11 participation in, and/or completion of, educational and
112	112	12 professional activities relevant to practice or area of work.
113	113	13 6. "Data system" means a repository of information about
114	114	14 licensees, including examination, licensure, investigative,
115	115	15 compact privilege, and adverse action.
116	116	16 7. "Encumbered license" means a license that a physical
117	117	17 therapy licensing board has limited in any way.
118	118	18 8. "Executive Board" means a group of directors elected or
119	119	19 appointed to act on behalf of, and within the powers granted to
120	120	20 them by, the Commission.
121	121	21 9. "Home state" means the member state that is the
122	122	22 licensee's primary state of residence.
123	123	23 10. "Investigative information" means information,
124	124	24 records, and documents received or generated by a physical
125	125	25 therapy licensing board pursuant to an investigation.
126	126	26 11. "Jurisprudence Requirement" means the assessment of an
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137	137	1 individual's knowledge of the laws and rules governing the
138	138	2 practice of physical therapy in a state.
139	139	3 12. "Licensee" means an individual who currently holds an
140	140	4 authorization from the state to practice as a physical
141	141	5 therapist or to work as a physical therapist assistant.
142	142	6 13. "Member state" means a state that has enacted the
143	143	7 Compact.
144	144	8 14. "Party state" means any member state in which a
145	145	9 licensee holds a current license or compact privilege or is
146	146	10 applying for a license or compact privilege.
147	147	11 15. "Physical therapist" means an individual who is
148	148	12 licensed by a state to practice physical therapy.
149	149	13 16. "Physical therapist assistant" means an individual who
150	150	14 is licensed/certified by a state and who assists the physical
151	151	15 therapist in selected components of physical therapy.
152	152	16 17. "Physical therapy," "physical therapy practice," and
153	153	17 "the practice of physical therapy" mean the care and services
154	154	18 provided by or under the direction and supervision of a
155	155	19 licensed physical therapist.
156	156	20 18. "Physical Therapy Compact Commission" or "Commission"
157	157	21 means the national administrative body whose membership
158	158	22 consists of all states that have enacted the Compact.
159	159	23 19. "Physical therapy licensing board" or "licensing
160	160	24 board" means the agency of a state that is responsible for the
161	161	25 licensing and regulation of physical therapists and physical
162	162	26 therapist assistants.
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173	173	1 20. "Remote State" means a member state other than the
174	174	2 home state, where a licensee is exercising or seeking to
175	175	3 exercise the compact privilege.
176	176	4 21. "Rule" means a regulation, principle, or directive
177	177	5 promulgated by the Commission that has the force of law.
178	178	6 22. "State" means any state, commonwealth, district, or
179	179	7 territory of the United States of America that regulates the
180	180	8 practice of physical therapy.
181	181	9 SECTION 3. STATE PARTICIPATION IN THE COMPACT
182	182	10 A. To participate in the Compact, a state must:
183	183	11 1. Participate fully in the Commission's data system,
184	184	12 including using the Commission's unique identifier as
185	185	13 defined in rules;
186	186	14 2. Have a mechanism in place for receiving and
187	187	15 investigating complaints about licensees;
188	188	16 3. Notify the Commission, in compliance with the terms
189	189	17 of the Compact and rules, of any adverse action or the
190	190	18 availability of investigative information regarding a
191	191	19 licensee;
192	192	20 4. Fully implement a criminal background check
193	193	21 requirement, within a time frame established by rule, by
194	194	22 receiving the results of the Federal Bureau of
195	195	23 Investigation record search on criminal background checks
196	196	24 and use the results in making licensure decisions in
197	197	25 accordance with Section 3.B.;
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208	208	1 5. Comply with the rules of the Commission;
209	209	2 6. Utilize a recognized national examination as a
210	210	3 requirement for licensure pursuant to the rules of the
211	211	4 Commission; and
212	212	5 7. Have continuing competence requirements as a
213	213	6 condition for license renewal.
214	214	7 B. Upon adoption of this statute, the member state shall
215	215	8 have the authority to obtain biometric-based information from
216	216	9 each physical therapy licensure applicant and submit this
217	217	10 information to the Federal Bureau of Investigation for a
218	218	11 criminal background check in accordance with 28 U.S.C. 534
219	219	12 and 42 U.S.C. 14616.
220	220	13 C. A member state shall grant the compact privilege to a
221	221	14 licensee holding a valid unencumbered license in another
222	222	15 member state in accordance with the terms of the Compact and
223	223	16 rules.
224	224	17 D. Member states may charge a fee for granting a compact
225	225	18 privilege
226	226	19 SECTION 4. COMPACT PRIVILEGE
227	227	20 A. To exercise the compact privilege under the terms and
228	228	21 provisions of the Compact, the licensee shall:
229	229	22 1. Hold a license in the home state;
230	230	23 2. Have no encumbrance on any state license;
231	231	24 3. Be eligible for a compact privilege in any member
232	232	25 state in accordance with Section 4D, G and H;
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243	243	1 4. Have not had any adverse action against any license
244	244	2 or compact privilege within the previous 2 years;
245	245	3 5. Notify the Commission that the licensee is seeking
246	246	4 the compact privilege within a remote state(s);
247	247	5 6. Pay any applicable fees, including any state fee,
248	248	6 for the compact privilege;
249	249	7 7. Meet any jurisprudence requirements established by
250	250	8 the remote state(s) in which the licensee is seeking a
251	251	9 compact privilege; and
252	252	10 8. Report to the Commission adverse action taken by
253	253	11 any non-member state within 30 days from the date the
254	254	12 adverse action is taken.
255	255	13 B. The compact privilege is valid until the expiration
256	256	14 date of the home license. The licensee must comply with the
257	257	15 requirements of Section 4.A. to maintain the compact privilege
258	258	16 in the remote state.
259	259	17 C. A licensee providing physical therapy in a remote state
260	260	18 under the compact privilege shall function within the laws and
261	261	19 regulations of the remote state.
262	262	20 D. A licensee providing physical therapy in a remote state
263	263	21 is subject to that state's regulatory authority. A remote
264	264	22 state may, in accordance with due process and that state's
265	265	23 laws, remove a licensee's compact privilege in the remote
266	266	24 state for a specific period of time, impose fines, and/or take
267	267	25 any other necessary actions to protect the health and safety
268	268	26 of its citizens. The licensee is not eligible for a compact
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279	279	1 privilege in any state until the specific time for removal has
280	280	2 passed and all fines are paid.
281	281	3 E. If a home state license is encumbered, the licensee
282	282	4 shall lose the compact privilege in any remote state until the
283	283	5 following occur:
284	284	6 1. The home state license is no longer encumbered; and
285	285	7 2. Two years have elapsed from the date of the adverse
286	286	8 action.
287	287	9 F. Once an encumbered license in the home state is
288	288	10 restored to good standing, the licensee must meet the
289	289	11 requirements of Section 4A to obtain a compact privilege in
290	290	12 any remote state.
291	291	13 G. If a licensee's compact privilege in any remote state
292	292	14 is removed, the individual shall lose the compact privilege in
293	293	15 any remote state until the following occur:
294	294	16 1. The specific period of time for which the compact
295	295	17 privilege was removed has ended;
296	296	18 2. All fines have been paid; and
297	297	19 3. Two years have elapsed from the date of the adverse
298	298	20 action.
299	299	21 H. Once the requirements of Section 4G have been met, the
300	300	22 license must meet the requirements in Section 4A to obtain a
301	301	23 compact privilege in a remote state.
302	302	24 SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
303	303	25 A licensee who is active duty military or is the spouse of
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314	314	1 an individual who is active duty military may designate one of
315	315	2 the following as the home state:
316	316	3 A. Home of record;
317	317	4 B. Permanent Change of Station (PCS); or
318	318	5 C. State of current residence if it is different than the
319	319	6 PCS state or home of record.
320	320	7 SECTION 6. ADVERSE ACTIONS
321	321	8 A. A home state shall have exclusive power to impose
322	322	9 adverse action against a license issued by the home state.
323	323	10 B. A home state may take adverse action based on the
324	324	11 investigative information of a remote state, so long as the
325	325	12 home state follows its own procedures for imposing adverse
326	326	13 action.
327	327	14 C. Nothing in this Compact shall override a member state's
328	328	15 decision that participation in an alternative program may be
329	329	16 used in lieu of adverse action and that such participation
330	330	17 shall remain non-public if required by the member state's
331	331	18 laws. Member states must require licensees who enter any
332	332	19 alternative programs in lieu of discipline to agree not to
333	333	20 practice in any other member state during the term of the
334	334	21 alternative program without prior authorization from such
335	335	22 other member state.
336	336	23 D. Any member state may investigate actual or alleged
337	337	24 violations of the statutes and rules authorizing the practice
338	338	25 of physical therapy in any other member state in which a
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349	349	1 physical therapist or physical therapist assistant holds a
350	350	2 license or compact privilege.
351	351	3 E. A remote state shall have the authority to:
352	352	4 1. Take adverse actions as set forth in Section 4.D.
353	353	5 against a licensee's compact privilege in the state;
354	354	6 2. Issue subpoenas for both hearings and
355	355	7 investigations that require the attendance and testimony
356	356	8 of witnesses, and the production of evidence. Subpoenas
357	357	9 issued by a physical therapy licensing board in a party
358	358	10 state for the attendance and testimony of witnesses,
359	359	11 and/or the production of evidence from another party
360	360	12 state, shall be enforced in the latter state by any court
361	361	13 of competent jurisdiction, according to the practice and
362	362	14 procedure of that court applicable to subpoenas issued in
363	363	15 proceedings pending before it. The issuing authority shall
364	364	16 pay any witness fees, travel expenses, mileage, and other
365	365	17 fees required by the service statutes of the state where
366	366	18 the witnesses and/or evidence are located; and
367	367	19 3. If otherwise permitted by state law, recover from
368	368	20 the licensee the costs of investigations and disposition
369	369	21 of cases resulting from any adverse action taken against
370	370	22 that licensee.
371	371	23 F. Joint Investigations
372	372	24 1. In addition to the authority granted to a member
373	373	25 state by its respective physical therapy practice act or
374	374	26 other applicable state law, a member state may participate
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385	385	1 with other member states in joint investigations of
386	386	2 licensees.
387	387	3 2. Member states shall share any investigative,
388	388	4 litigation, or compliance materials in furtherance of any
389	389	5 joint or individual investigation initiated under the
390	390	6 Compact.
391	391	7 SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
392	392	8 COMMISSION
393	393	9 A. The Compact member states hereby create and establish a
394	394	10 joint public agency known as the Physical Therapy Compact
395	395	11 Commission:
396	396	12 1. The Commission is an instrumentality of the Compact
397	397	13 states.
398	398	14 2. Venue is proper and judicial proceedings by or
399	399	15 against the Commission shall be brought solely and
400	400	16 exclusively in a court of competent jurisdiction where the
401	401	17 principal office of the Commission is located. The
402	402	18 Commission may waive venue and jurisdictional defenses to
403	403	19 the extent it adopts or consents to participate in
404	404	20 alternative dispute resolution proceedings.
405	405	21 3. Nothing in this Compact shall be construed to be a
406	406	22 waiver of sovereign immunity.
407	407	23 B. Membership, Voting, and Meetings
408	408	24 1. Each member state shall have and be limited to one
409	409	25 (1) delegate selected by that member state's licensing
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420	420	1 board.
421	421	2 2. The delegate shall be a current member of the
422	422	3 licensing board, who is a physical therapist, physical
423	423	4 therapist assistant, public member, or the board
424	424	5 administrator.
425	425	6 3. Any delegate may be removed or suspended from
426	426	7 office as provided by the law of the state from which the
427	427	8 delegate is appointed.
428	428	9 4. The member state board shall fill any vacancy
429	429	10 occurring in the Commission.
430	430	11 5. Each delegate shall be entitled to one (1) vote
431	431	12 with regard to the promulgation of rules and creation of
432	432	13 bylaws and shall otherwise have an opportunity to
433	433	14 participate in the business and affairs of the Commission.
434	434	15 6. A delegate shall vote in person or by such other
435	435	16 means as provided in the bylaws. The bylaws may provide
436	436	17 for delegates' participation in meetings by telephone or
437	437	18 other means of communication.
438	438	19 7. The Commission shall meet at least once during each
439	439	20 calendar year. Additional meetings shall be held as set
440	440	21 forth in the bylaws.
441	441	22 C. The Commission shall have the following powers and
442	442	23 duties:
443	443	24 1. Establish the fiscal year of the Commission;
444	444	25 2. Establish bylaws;
445	445	26 3. Maintain its financial records in accordance with
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456	456	1 the bylaws;
457	457	2 4. Meet and take such actions as are consistent with
458	458	3 the provisions of this Compact and the bylaws;
459	459	4 5. Promulgate uniform rules to facilitate and
460	460	5 coordinate implementation and administration of this
461	461	6 Compact. The rules shall have the force and effect of law
462	462	7 and shall be binding in all member states;
463	463	8 6. Bring and prosecute legal proceedings or actions in
464	464	9 the name of the Commission, provided that the standing of
465	465	10 any state physical therapy licensing board to sue or be
466	466	11 sued under applicable law shall not be affected;
467	467	12 7. Purchase and maintain insurance and bonds;
468	468	13 8. Borrow, accept, or contract for services of
469	469	14 personnel, including, but not limited to, employees of a
470	470	15 member state;
471	471	16 9. Hire employees, elect or appoint officers, fix
472	472	17 compensation, define duties, grant such individuals
473	473	18 appropriate authority to carry out the purposes of the
474	474	19 Compact, and to establish the Commission's personnel
475	475	20 policies and programs relating to conflicts of interest,
476	476	21 qualifications of personnel, and other related personnel
477	477	22 matters;
478	478	23 10. Accept any and all appropriate donations and
479	479	24 grants of money, equipment, supplies, materials and
480	480	25 services, and to receive, utilize and dispose of the same;
481	481	26 provided that at all times the Commission shall avoid any
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491	491	HB1437 - 14 - LRB103 24871 AMQ 51204 b
492	492	1 appearance of impropriety and/or conflict of interest;
493	493	2 11. Lease, purchase, accept appropriate gifts or
494	494	3 donations of, or otherwise to own, hold, improve or use,
495	495	4 any property, real, personal or mixed; provided that at
496	496	5 all times the Commission shall avoid any appearance of
497	497	6 impropriety;
498	498	7 12. Sell convey, mortgage, pledge, lease, exchange,
499	499	8 abandon, or otherwise dispose of any property real,
500	500	9 personal, or mixed;
501	501	10 13. Establish a budget and make expenditures;
502	502	11 14. Borrow money;
503	503	12 15. Appoint committees, including standing committees
504	504	13 composed of members, state regulators, state legislators
505	505	14 or their representatives, and consumer representatives,
506	506	15 and such other interested persons as may be designated in
507	507	16 this Compact and the bylaws;
508	508	17 16. Provide and receive information from, and
509	509	18 cooperate with, law enforcement agencies;
510	510	19 17. Establish and elect an Executive Board; and
511	511	20 18. Perform such other functions as may be necessary
512	512	21 or appropriate to achieve the purposes of this Compact
513	513	22 consistent with the state regulation of physical therapy
514	514	23 licensure and practice.
515	515	24 D. The Executive Board
516	516	25 The Executive Board shall have the power to act on behalf
517	517	26 of the Commission according to the terms of this Compact
518	518
519	519
520	520
521	521
522	522
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524	524
525	525
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527	527	HB1437 - 15 - LRB103 24871 AMQ 51204 b
528	528	1 1. The Executive Board shall be composed of nine
529	529	2 members:
530	530	3 a. Seven voting members who are elected by the
531	531	4 Commission from the current membership of the
532	532	5 Commission;
533	533	6 b. One ex-officio, nonvoting member from the
534	534	7 recognized national physical therapy professional
535	535	8 association; and
536	536	9 c. One ex-officio, nonvoting member from the
537	537	10 recognized membership organization of the physical
538	538	11 therapy licensing boards.
539	539	12 2. The ex-officio members will be selected by their
540	540	13 respective organizations.
541	541	14 3. The Commission may remove any member of the
542	542	15 Executive Board as provided in bylaws.
543	543	16 4. The Executive Board shall meet at least annually.
544	544	17 5. The Executive Board shall have the following Duties
545	545	18 and responsibilities:
546	546	19 a. Recommend to the entire Commission changes to
547	547	20 the rules or bylaws, changes to this Compact
548	548	21 legislation, fees paid by Compact member states such
549	549	22 as annual dues, and any commission Compact fee charged
550	550	23 to licensees for the compact privilege;
551	551	24 b. Ensure Compact administration services are
552	552	25 appropriately provided, contractual or otherwise;
553	553	26 c. Prepare and recommend the budget;
554	554
555	555
556	556
557	557
558	558
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560	560
561	561
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563	563	HB1437 - 16 - LRB103 24871 AMQ 51204 b
564	564	1 d. Maintain financial records on behalf of the
565	565	2 Commission;
566	566	3 e. Monitor Compact compliance of member states and
567	567	4 provide compliance reports to the Commission;
568	568	5 f. Establish additional committees as necessary;
569	569	6 and
570	570	7 g. Other duties as provided in rules or bylaws.
571	571	8 E. Meetings of the Commission
572	572	9 1. All meetings shall be open to the public, and
573	573	10 public notice of meetings shall be given in the same
574	574	11 manner as required under the rulemaking provisions in
575	575	12 Section 9.
576	576	13 2. The Commission or the Executive Board or other
577	577	14 committees of the Commission may convene in a closed,
578	578	15 non-public meeting if the Commission or Executive Board or
579	579	16 other committees of the Commission must discuss:
580	580	17 a. Non-compliance of a member state with its
581	581	18 obligations under the Compact;
582	582	19 b. The employment, compensation, discipline or
583	583	20 other matters, practices or procedures related to
584	584	21 specific employees or other matters related to the
585	585	22 Commission's internal personnel practices and
586	586	23 procedures;
587	587	24 c. Current, threatened, or reasonably anticipated
588	588	25 litigation;
589	589	26 d. Negotiation of contracts for the purchase,
590	590
591	591
592	592
593	593
594	594
595	595	HB1437 - 16 - LRB103 24871 AMQ 51204 b
596	596
597	597
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599	599	HB1437 - 17 - LRB103 24871 AMQ 51204 b
600	600	1 lease, or sale of goods, services, or real estate;
601	601	2 e. Accusing any person of a crime or formally
602	602	3 censuring any person;
603	603	4 f. Disclosure of trade secrets or commercial or
604	604	5 financial information that is privileged or
605	605	6 confidential;
606	606	7 g. Disclosure of information of a personal nature
607	607	8 where disclosure would constitute a clearly
608	608	9 unwarranted invasion of personal privacy;
609	609	10 h. Disclosure of investigative records compiled
610	610	11 for law enforcement purposes;
611	611	12 i. Disclosure of information related to any
612	612	13 investigative reports prepared by or on behalf of or
613	613	14 for use of the Commission or other committee charged
614	614	15 with responsibility of investigation or determination
615	615	16 of compliance issues pursuant to the Compact; or
616	616	17 j. Matters specifically exempted from disclosure
617	617	18 by federal or member state statute.
618	618	19 3. If a meeting, or portion of a meeting, is closed
619	619	20 pursuant to this provision, the Commission's legal counsel
620	620	21 or designee shall certify that the meeting may be closed
621	621	22 and shall reference each relevant exempting provision.
622	622	23 4. The Commission shall keep minutes that fully and
623	623	24 clearly describe all matters discussed in a meeting and
624	624	25 shall provide a full and accurate summary of actions
625	625	26 taken, and the reasons therefore, including a description
626	626
627	627
628	628
629	629
630	630
631	631	HB1437 - 17 - LRB103 24871 AMQ 51204 b
632	632
633	633
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635	635	HB1437 - 18 - LRB103 24871 AMQ 51204 b
636	636	1 of the views expressed. All documents considered in
637	637	2 connection with an action shall be identified in such
638	638	3 minutes. All minutes and documents of a closed meeting
639	639	4 shall remain under seal, subject to release by a majority
640	640	5 vote of the Commission or order of a court of competent
641	641	6 jurisdiction.
642	642	7 F. Financing of the Commission
643	643	8 1. The Commission shall pay, or provide for the
644	644	9 payment of, the reasonable expenses of its establishment,
645	645	10 organization, and ongoing activities.
646	646	11 2. The Commission may accept any and all appropriate
647	647	12 revenue sources, donations, and grants of money,
648	648	13 equipment, supplies, materials, and services.
649	649	14 3. The Commission may levy on and collect an annual
650	650	15 assessment from each member state or impose fees on other
651	651	16 parties to cover the cost of the operations and activities
652	652	17 of the Commission and its staff, which must be in a total
653	653	18 amount sufficient to cover its annual budget as approved
654	654	19 each year for which revenue is not provided by other
655	655	20 sources. The aggregate annual assessment amount shall be
656	656	21 allocated based upon a formula to be determined by the
657	657	22 Commission, which shall promulgate a rule binding upon all
658	658	23 member states.
659	659	24 4. The Commission shall not incur obligations of any
660	660	25 kind prior to securing the funds adequate to meet the
661	661	26 same; nor shall the Commission pledge the credit of any of
662	662
663	663
664	664
665	665
666	666
667	667	HB1437 - 18 - LRB103 24871 AMQ 51204 b
668	668
669	669
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671	671	HB1437 - 19 - LRB103 24871 AMQ 51204 b
672	672	1 the member states, except by and with the authority of the
673	673	2 member state.
674	674	3 5. The Commission shall keep accurate accounts of all
675	675	4 receipts and disbursements. The receipts and disbursements
676	676	5 of the Commission shall be subject to the audit and
677	677	6 accounting procedures established under its bylaws.
678	678	7 However, all receipts and disbursements of funds handled
679	679	8 by the Commission shall be audited yearly by a certified
680	680	9 or licensed public accountant, and the report of the audit
681	681	10 shall be included in and become part of the annual report
682	682	11 of the Commission.
683	683	12 G. Qualified Immunity, Defense, and Indemnification
684	684	13 1. The members, officers, executive director,
685	685	14 employees and representatives of the Commission shall be
686	686	15 immune from suit and liability, either personally or in
687	687	16 their official capacity, for any claim for damage to or
688	688	17 loss of property or personal injury or other civil
689	689	18 liability caused by or arising out of any actual or
690	690	19 alleged act, error or omission that occurred, or that the
691	691	20 person against whom the claim is made had a reasonable
692	692	21 basis for believing occurred within the scope of
693	693	22 Commission employment, duties or responsibilities;
694	694	23 provided that nothing in this paragraph shall be construed
695	695	24 to protect any such person from suit and/or liability for
696	696	25 any damage, loss, injury, or liability caused by the
697	697	26 intentional or willful or wanton misconduct of that
698	698
699	699
700	700
701	701
702	702
703	703	HB1437 - 19 - LRB103 24871 AMQ 51204 b
704	704
705	705
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707	707	HB1437 - 20 - LRB103 24871 AMQ 51204 b
708	708	1 person.
709	709	2 2. The Commission shall defend any member, officer,
710	710	3 executive director, employee or representative of the
711	711	4 Commission in any civil action seeking to impose liability
712	712	5 arising out of any actual or alleged act, error, or
713	713	6 omission that occurred within the scope of Commission
714	714	7 employment, duties, or responsibilities, or that the
715	715	8 person against whom the claim is made had a reasonable
716	716	9 basis for believing occurred within the scope of
717	717	10 Commission employment, duties, or responsibilities;
718	718	11 provided that nothing herein shall be construed to
719	719	12 prohibit that person from retaining his or her own
720	720	13 counsel; and provided further, that the actual or alleged
721	721	14 act, error, or omission did not result from that person's
722	722	15 intentional or willful or wanton misconduct.
723	723	16 3. The Commission shall indemnify and hold harmless
724	724	17 any member, officer, executive director, employee, or
725	725	18 representative of the Commission for the amount of any
726	726	19 settlement or judgment obtained against that person
727	727	20 arising out of any actual or alleged act, error or
728	728	21 omission that occurred within the scope of Commission
729	729	22 employment, duties, or responsibilities, or that such
730	730	23 person had a reasonable basis for believing occurred
731	731	24 within the scope of Commission employment, duties, or
732	732	25 responsibilities, provided that the actual or alleged act,
733	733	26 error, or omission did not result from the intentional or
734	734
735	735
736	736
737	737
738	738
739	739	HB1437 - 20 - LRB103 24871 AMQ 51204 b
740	740
741	741
742	742	HB1437- 21 -LRB103 24871 AMQ 51204 b HB1437 - 21 - LRB103 24871 AMQ 51204 b
743	743	HB1437 - 21 - LRB103 24871 AMQ 51204 b
744	744	1 willful or wanton misconduct of that person.
745	745	2 SECTION 8. DATA SYSTEM
746	746	3 A. The Commission shall provide for the development,
747	747	4 maintenance, and utilization of a coordinated database and
748	748	5 reporting system containing licensure, adverse action, and
749	749	6 investigative information on all licensed individuals in
750	750	7 member states.
751	751	8 B. Notwithstanding any other provision of state law to the
752	752	9 contrary, a member state shall submit a uniform data set to the
753	753	10 data system on all individuals to whom this Compact is
754	754	11 applicable as required by the rules of the Commission,
755	755	12 including:
756	756	13 1. Identifying information;
757	757	14 2. Licensure data;
758	758	15 3. Adverse actions against a license or compact
759	759	16 privilege;
760	760	17 4. Non-confidential information related to alternative
761	761	18 program participation;
762	762	19 5. Any denial of application for licensure, and the
763	763	20 reason(s) for such denial; and
764	764	21 6. Other information that may facilitate the
765	765	22 administration of this Compact, as determined by the rules
766	766	23 of the Commission.
767	767	24 C. Investigative information pertaining to a licensee in
768	768	25 any member state will only be available to other party states.
769	769
770	770
771	771
772	772
773	773
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775	775
776	776
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778	778	HB1437 - 22 - LRB103 24871 AMQ 51204 b
779	779	1 D. The Commission shall promptly notify all member states
780	780	2 of any adverse action taken against a licensee or an
781	781	3 individual applying for a license. Adverse action information
782	782	4 pertaining to a licensee in any member state will be available
783	783	5 to any other member state.
784	784	6 E. Member states contributing information to the data
785	785	7 system may designate information that may not be shared with
786	786	8 the public without the express permission of the contributing
787	787	9 state.
788	788	10 F. Any information submitted to the data system that is
789	789	11 subsequently required to be expunged by the laws of the member
790	790	12 state contributing the information shall be removed from the
791	791	13 data system.
792	792	14 SECTION 9. RULEMAKING
793	793	15 A. The Commission shall exercise its rulemaking powers
794	794	16 pursuant to the criteria set forth in this Section and the
795	795	17 rules adopted thereunder. Rules and amendments shall become
796	796	18 binding as of the date specified in each rule or amendment.
797	797	19 B. If a majority of the legislatures of the member states
798	798	20 rejects a rule, by enactment of a statute or resolution in the
799	799	21 same manner used to adopt the Compact within 4 years of the
800	800	22 date of adoption of the rule, then such rule shall have no
801	801	23 further force and effect in any member state.
802	802	24 C. Rules or amendments to the rules shall be adopted at a
803	803	25 regular or special meeting of the Commission.
804	804
805	805
806	806
807	807
808	808
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810	810
811	811
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813	813	HB1437 - 23 - LRB103 24871 AMQ 51204 b
814	814	1 D. Prior to promulgation and adoption of a final rule or
815	815	2 rules by the Commission, and at least thirty (30) days in
816	816	3 advance of the meeting at which the rule will be considered and
817	817	4 voted upon, the Commission shall file a Notice of Proposed
818	818	5 Rulemaking:
819	819	6 1. On the website of the Commission or other publicly
820	820	7 accessible platform; and
821	821	8 2. On the website of each member state physical
822	822	9 therapy licensing board or other publicly accessible
823	823	10 platform or the publication in which each state would
824	824	11 otherwise publish proposed rules.
825	825	12 E. The Notice of Proposed Rulemaking shall include:
826	826	13 1. The proposed time, date, and location of the
827	827	14 meeting in which the rule will be considered and voted
828	828	15 upon;
829	829	16 2. The text of the proposed rule or amendment and the
830	830	17 reason for the proposed rule;
831	831	18 3. A request for comments on the proposed rule from
832	832	19 any interested person; and
833	833	20 4. The manner in which interested persons may submit
834	834	21 notice to the Commission of their intention to attend the
835	835	22 public hearing and any written comments.
836	836	23 F. Prior to adoption of a proposed rule, the Commission
837	837	24 shall allow persons to submit written data, facts, opinions,
838	838	25 and arguments, which shall be made available to the public.
839	839	26 G. The Commission shall grant an opportunity for a public
840	840
841	841
842	842
843	843
844	844
845	845	HB1437 - 23 - LRB103 24871 AMQ 51204 b
846	846
847	847
848	848	HB1437- 24 -LRB103 24871 AMQ 51204 b HB1437 - 24 - LRB103 24871 AMQ 51204 b
849	849	HB1437 - 24 - LRB103 24871 AMQ 51204 b
850	850	1 hearing before it adopts a rule or amendment if a hearing is
851	851	2 requested by:
852	852	3 1. At least twenty-five (25) persons;
853	853	4 2. A state or federal governmental subdivision or
854	854	5 agency; or
855	855	6 3. An association having at least twenty-five (25)
856	856	7 members.
857	857	8 H. If a hearing is held on the proposed rule or amendment,
858	858	9 the Commission shall publish the place, time, and date of the
859	859	10 scheduled public hearing. If the hearing is held via
860	860	11 electronic means, the Commission shall publish the mechanism
861	861	12 for access to the electronic hearing.
862	862	13 1. All persons wishing to be heard at the hearing
863	863	14 shall notify the executive director of the Commission or
864	864	15 other designated member in writing of their desire to
865	865	16 appear and testify at the hearing not less than five (5)
866	866	17 business days before the scheduled date of the hearing.
867	867	18 2. Hearings shall be conducted in a manner providing
868	868	19 each person who wishes to comment a fair and reasonable
869	869	20 opportunity to comment orally or in writing.
870	870	21 3. All hearings will be recorded. A copy of the
871	871	22 recording will be made available on request.
872	872	23 4. Nothing in this section shall be construed as
873	873	24 requiring a separate hearing on each rule. Rules may be
874	874	25 grouped for the convenience of the Commission at hearings
875	875	26 required by this Section.
876	876
877	877
878	878
879	879
880	880
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882	882
883	883
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885	885	HB1437 - 25 - LRB103 24871 AMQ 51204 b
886	886	1 I. Following the scheduled hearing date, or by the close
887	887	2 of business on the scheduled hearing date if the hearing was
888	888	3 not held, the Commission shall consider all written and oral
889	889	4 comments received.
890	890	5 J. If no written notice of intent to attend the public
891	891	6 hearing by interested parties is received, the Commission may
892	892	7 proceed with promulgation of the proposed rule without a
893	893	8 public hearing.
894	894	9 K. The Commission shall, by majority vote of all members,
895	895	10 take final action on the proposed rule and shall determine the
896	896	11 effective date of the rule, if any, based on the rulemaking
897	897	12 record and the full text of the rule.
898	898	13 L. Upon determination that an emergency exists, the
899	899	14 Commission may consider and adopt an emergency rule without
900	900	15 prior notice, opportunity for comment, or hearing, provided
901	901	16 that the usual rulemaking procedures provided in the Compact
902	902	17 and in this section shall be retroactively applied to the rule
903	903	18 as soon as reasonably possible, in no event later than ninety
904	904	19 (90) days after the effective date of the rule. For the
905	905	20 purposes of this provision, an emergency rule is one that must
906	906	21 be adopted immediately in order to:
907	907	22 1. Meet an imminent threat to public health, safety,
908	908	23 or welfare;
909	909	24 2. Prevent a loss of Commission or member state funds;
910	910	25 3. Meet a deadline for the promulgation of an
911	911	26 administrative rule that is established by federal law or
912	912
913	913
914	914
915	915
916	916
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918	918
919	919
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921	921	HB1437 - 26 - LRB103 24871 AMQ 51204 b
922	922	1 rule; or
923	923	2 4. Protect public health and safety.
924	924	3 M. The Commission or an authorized committee of the
925	925	4 Commission may direct revisions to a previously adopted rule
926	926	5 or amendment for purposes of correcting typographical errors,
927	927	6 errors in format, errors in consistency, or grammatical
928	928	7 errors. Public notice of any revisions shall be posted on the
929	929	8 website of the Commission. The revision shall be subject to
930	930	9 challenge by any person for a period of thirty (30) days after
931	931	10 posting. The revision may be challenged only on grounds that
932	932	11 the revision results in a material change to a rule. A
933	933	12 challenge shall be made in writing, and delivered to the chair
934	934	13 of the Commission prior to the end of the notice period. If no
935	935	14 challenge is made, the revision will take effect without
936	936	15 further action. If the revision is challenged, the revision
937	937	16 may not take effect without the approval of the Commission.
938	938	17 SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
939	939	18 A. Oversight
940	940	19 1. The executive, legislative, and judicial branches
941	941	20 of state government in each member state shall enforce
942	942	21 this Compact and take all actions necessary and
943	943	22 appropriate to effectuate the Compact's purposes and
944	944	23 intent. The provisions of this Compact and the rules
945	945	24 promulgated hereunder shall have standing as statutory
946	946	25 law.
947	947
948	948
949	949
950	950
951	951
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953	953
954	954
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956	956	HB1437 - 27 - LRB103 24871 AMQ 51204 b
957	957	1 2. All courts shall take judicial notice of the
958	958	2 Compact and the rules in any judicial or administrative
959	959	3 proceeding in a member state pertaining to the subject
960	960	4 matter of this Compact which may affect the powers,
961	961	5 responsibilities or actions of the Commission.
962	962	6 3. The Commission shall be entitled to receive service
963	963	7 of process in any such proceeding, and shall have standing
964	964	8 to intervene in such a proceeding for all purposes.
965	965	9 Failure to provide service of process to the Commission
966	966	10 shall render a judgment or order void as to the
967	967	11 Commission, this Compact, or promulgated rules.
968	968	12 B. Default, Technical Assistance, and Termination
969	969	13 1. If the Commission determines that a member state
970	970	14 has defaulted in the performance of its obligations or
971	971	15 responsibilities under this Compact or the promulgated
972	972	16 rules, the Commission shall:
973	973	17 a. Provide written notice to the defaulting state
974	974	18 and other member states of the nature of the default,
975	975	19 the proposed means of curing the default and/or any
976	976	20 other action to be taken by the Commission; and
977	977	21 b. Provide remedial training and specific
978	978	22 technical assistance regarding the default.
979	979	23 2. If a state in default fails to cure the default, the
980	980	24 defaulting state may be terminated from the Compact upon
981	981	25 an affirmative vote of a majority of the member states,
982	982	26 and all rights, privileges and benefits conferred by this
983	983
984	984
985	985
986	986
987	987
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989	989
990	990
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992	992	HB1437 - 28 - LRB103 24871 AMQ 51204 b
993	993	1 Compact may be terminated on the effective date of
994	994	2 termination. A cure of the default does not relieve the
995	995	3 offending state of obligations or liabilities incurred
996	996	4 during the period of default.
997	997	5 3. Termination of membership in the Compact shall be
998	998	6 imposed only after all other means of securing compliance
999	999	7 have been exhausted. Notice of intent to suspend or
1000	1000	8 terminate shall be given by the Commission to the
1001	1001	9 governor, the majority and minority leaders of the
1002	1002	10 defaulting state's legislature, and each of the member
1003	1003	11 states.
1004	1004	12 4. A state that has been terminated is responsible for
1005	1005	13 all assessments, obligations, and liabilities incurred
1006	1006	14 through the effective date of termination, including
1007	1007	15 obligations that extend beyond the effective date of
1008	1008	16 termination.
1009	1009	17 5. The Commission shall not bear any costs related to
1010	1010	18 a state that is found to be in default or that has been
1011	1011	19 terminated from the Compact, unless agreed upon in writing
1012	1012	20 between the Commission and the defaulting state.
1013	1013	21 6. The defaulting state may appeal the action of the
1014	1014	22 Commission by petitioning the U.S. District Court for the
1015	1015	23 District of Columbia or the federal district where the
1016	1016	24 Commission has its principal offices. The prevailing
1017	1017	25 member shall be awarded all costs of such litigation,
1018	1018	26 including reasonable attorney's fees.
1019	1019
1020	1020
1021	1021
1022	1022
1023	1023
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1025	1025
1026	1026
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1029	1029	1 C. Dispute Resolution
1030	1030	2 1. Upon request by a member state, the Commission
1031	1031	3 shall attempt to resolve disputes related to the Compact
1032	1032	4 that arise among member states and between member and
1033	1033	5 non-member states.
1034	1034	6 2. The Commission shall promulgate a rule providing
1035	1035	7 for both mediation and binding dispute resolution for
1036	1036	8 disputes as appropriate.
1037	1037	9 D. Enforcement
1038	1038	10 1. The Commission, in the reasonable exercise of its
1039	1039	11 discretion, shall enforce the provisions and rules of this
1040	1040	12 Compact.
1041	1041	13 2. By majority vote, the Commission may initiate legal
1042	1042	14 action in the United States District Court for the
1043	1043	15 District of Columbia or the federal district where the
1044	1044	16 Commission has its principal offices against a member
1045	1045	17 state in default to enforce compliance with the provisions
1046	1046	18 of the Compact and its promulgated rules and bylaws. The
1047	1047	19 relief sought may include both injunctive relief and
1048	1048	20 damages. In the event judicial enforcement is necessary,
1049	1049	21 the prevailing member shall be awarded all costs of such
1050	1050	22 litigation, including reasonable attorney's fees.
1051	1051	23 3. The remedies herein shall not be the exclusive
1052	1052	24 remedies of the Commission. The Commission may pursue any
1053	1053	25 other remedies available under federal or state law.
1054	1054
1055	1055
1056	1056
1057	1057
1058	1058
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1060	1060
1061	1061
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1063	1063	HB1437 - 30 - LRB103 24871 AMQ 51204 b
1064	1064	1 SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE
1065	1065	2 COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,
1066	1066	3 WITHDRAWAL, AND AMENDMENT
1067	1067	4 A. The Compact shall come into effect on the date on which
1068	1068	5 the Compact statute is enacted into law in the tenth member
1069	1069	6 state. The provisions, which become effective at that time,
1070	1070	7 shall be limited to the powers granted to the Commission
1071	1071	8 relating to assembly and the promulgation of rules.
1072	1072	9 Thereafter, the Commission shall meet and exercise rulemaking
1073	1073	10 powers necessary to the implementation and administration of
1074	1074	11 the Compact.
1075	1075	12 B. Any state that joins the Compact subsequent to the
1076	1076	13 Commission's initial adoption of the rules shall be subject to
1077	1077	14 the rules as they exist on the date on which the Compact
1078	1078	15 becomes law in that state. Any rule that has been previously
1079	1079	16 adopted by the Commission shall have the full force and effect
1080	1080	17 of law on the day the Compact becomes law in that state.
1081	1081	18 C. Any member state may withdraw from this Compact by
1082	1082	19 enacting a statute repealing the same.
1083	1083	20 1. A member state's withdrawal shall not take effect
1084	1084	21 until six (6) months after enactment of the repealing
1085	1085	22 statute.
1086	1086	23 2. Withdrawal shall not affect the continuing
1087	1087	24 requirement of the withdrawing state's physical therapy
1088	1088	25 licensing board to comply with the investigative and
1089	1089	26 adverse action reporting requirements of this act prior to
1090	1090
1091	1091
1092	1092
1093	1093
1094	1094
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1096	1096
1097	1097
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1099	1099	HB1437 - 31 - LRB103 24871 AMQ 51204 b
1100	1100	1 the effective date of withdrawal.
1101	1101	2 D. Nothing contained in this Compact shall be construed to
1102	1102	3 invalidate or prevent any physical therapy licensure agreement
1103	1103	4 or other cooperative arrangement between a member state and a
1104	1104	5 non-member state that does not conflict with the provisions of
1105	1105	6 this Compact.
1106	1106	7 E. This Compact may be amended by the member states. No
1107	1107	8 amendment to this Compact shall become effective and binding
1108	1108	9 upon any member state until it is enacted into the laws of all
1109	1109	10 member states.
1110	1110	11 SECTION 12. CONSTRUCTION AND SEVERABILITY
1111	1111	12 This Compact shall be liberally construed so as to
1112	1112	13 effectuate the purposes thereof. The provisions of this
1113	1113	14 Compact shall be severable and if any phrase, clause, sentence
1114	1114	15 or provision of this Compact is declared to be contrary to the
1115	1115	16 constitution of any party state or of the United States or the
1116	1116	17 applicability thereof to any government, agency, person or
1117	1117	18 circumstance is held invalid, the validity of the remainder of
1118	1118	19 this Compact and the applicability thereof to any government,
1119	1119	20 agency, person or circumstance shall not be affected thereby.
1120	1120	21 If this Compact shall be held contrary to the constitution of
1121	1121	22 any party state, the Compact shall remain in full force and
1122	1122	23 effect as to the remaining party states and in full force and
1123	1123	24 effect as to the party state affected as to all severable
1124	1124	25 matters.
1125	1125
1126	1126
1127	1127
1128	1128
1129	1129
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