103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4593 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: New Act225 ILCS 90/8.7 new Creates the Physical Therapy Licensure Compact 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. Amends the Illinois Physical Therapy Act. Adds a provision requiring that applicants for licensure as a physical therapist or physical therapist assistant shall submit their fingerprints for the purpose of criminal history records background checks. Provides that the Department of Financial and Professional Regulation may adopt rules necessary to implement the amendatory provisions. LRB103 37232 AWJ 67351 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4593 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: New Act225 ILCS 90/8.7 new New Act 225 ILCS 90/8.7 new Creates the Physical Therapy Licensure Compact 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. Amends the Illinois Physical Therapy Act. Adds a provision requiring that applicants for licensure as a physical therapist or physical therapist assistant shall submit their fingerprints for the purpose of criminal history records background checks. Provides that the Department of Financial and Professional Regulation may adopt rules necessary to implement the amendatory provisions. LRB103 37232 AWJ 67351 b LRB103 37232 AWJ 67351 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4593 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
New Act225 ILCS 90/8.7 new New Act 225 ILCS 90/8.7 new
New Act
225 ILCS 90/8.7 new
Creates the Physical Therapy Licensure Compact 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. Amends the Illinois Physical Therapy Act. Adds a provision requiring that applicants for licensure as a physical therapist or physical therapist assistant shall submit their fingerprints for the purpose of criminal history records background checks. Provides that the Department of Financial and Professional Regulation may adopt rules necessary to implement the amendatory provisions.
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A BILL FOR
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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Physical Therapy Licensure Compact Act.
6 Section 5. Physical Therapy Licensure Compact. The State
7 of Illinois ratifies and approves the following Compact:
8 PHYSICAL THERAPY LICENSURE COMPACT
9 SECTION 1. PURPOSE
10 The purpose of this Compact is to facilitate interstate
11 practice of physical therapy with the goal of improving public
12 access to physical therapy services. The practice of physical
13 therapy occurs in the state where the patient/client is
14 located at the time of the patient/client encounter. The
15 Compact preserves the regulatory authority of states to
16 protect public health and safety through the current system of
17 state licensure.
18 This Compact is designed to achieve the following
19 objectives:
20 1. Increase public access to physical therapy services
21 by providing for the mutual recognition of other member
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4593 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
New Act225 ILCS 90/8.7 new New Act 225 ILCS 90/8.7 new
New Act
225 ILCS 90/8.7 new
Creates the Physical Therapy Licensure Compact 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. Amends the Illinois Physical Therapy Act. Adds a provision requiring that applicants for licensure as a physical therapist or physical therapist assistant shall submit their fingerprints for the purpose of criminal history records background checks. Provides that the Department of Financial and Professional Regulation may adopt rules necessary to implement the amendatory provisions.
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A BILL FOR
New Act
225 ILCS 90/8.7 new
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1 state licenses;
2 2. Enhance the states' ability to protect the public's
3 health and safety;
4 3. Encourage the cooperation of member states in
5 regulating multi-state physical therapy practice;
6 4. Support spouses of relocating military members;
7 5. Enhance the exchange of licensure, investigative,
8 and disciplinary information between member states; and
9 6. Allow a remote state to hold a provider of services
10 with a compact privilege in that state accountable to that
11 state's practice standards.
12 SECTION 2. DEFINITIONS
13 As used in this Compact, and except as otherwise provided,
14 the following definitions shall apply:
15 1. "Active Duty Military" means full-time duty status in
16 the active uniformed service of the United States, including
17 members of the National Guard and Reserve on active duty
18 orders pursuant to 10 U.S.C. Section 1209 and 1211.
19 2. "Adverse Action" means disciplinary action taken by a
20 physical therapy licensing board based upon misconduct,
21 unacceptable performance, or a combination of both.
22 3. "Alternative Program" means a non-disciplinary
23 monitoring or practice remediation process approved by a
24 physical therapy licensing board. This includes, but is not
25 limited to, substance abuse issues.
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1 4. "Compact privilege" means the authorization granted by
2 a remote state to allow a licensee from another member state to
3 practice as a physical therapist or work as a physical
4 therapist assistant in the remote state under its laws and
5 rules. The practice of physical therapy occurs in the member
6 state where the patient/client is located at the time of the
7 patient/client encounter.
8 5. "Continuing competence" means a requirement, as a
9 condition of license renewal, to provide evidence of
10 participation in, and/or completion of, educational and
11 professional activities relevant to practice or area of work.
12 6. "Data system" means a repository of information about
13 licensees, including examination, licensure, investigative,
14 compact privilege, and adverse action.
15 7. "Encumbered license" means a license that a physical
16 therapy licensing board has limited in any way.
17 8. "Executive Board" means a group of directors elected or
18 appointed to act on behalf of, and within the powers granted to
19 them by, the Commission.
20 9. "Home state" means the member state that is the
21 licensee's primary state of residence.
22 10. "Investigative information" means information,
23 records, and documents received or generated by a physical
24 therapy licensing board pursuant to an investigation.
25 11. "Jurisprudence Requirement" means the assessment of an
26 individual's knowledge of the laws and rules governing the
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1 practice of physical therapy in a state.
2 12. "Licensee" means an individual who currently holds an
3 authorization from the state to practice as a physical
4 therapist or to work as a physical therapist assistant.
5 13. "Member state" means a state that has enacted the
6 Compact.
7 14. "Party state" means any member state in which a
8 licensee holds a current license or compact privilege or is
9 applying for a license or compact privilege.
10 15. "Physical therapist" means an individual who is
11 licensed by a state to practice physical therapy.
12 16. "Physical therapist assistant" means an individual who
13 is licensed/certified by a state and who assists the physical
14 therapist in selected components of physical therapy.
15 17. "Physical therapy," "physical therapy practice," and
16 "the practice of physical therapy" mean the care and services
17 provided by or under the direction and supervision of a
18 licensed physical therapist.
19 18. "Physical Therapy Compact Commission" or "Commission"
20 means the national administrative body whose membership
21 consists of all states that have enacted the Compact.
22 19. "Physical therapy licensing board" or "licensing
23 board" means the agency of a state that is responsible for the
24 licensing and regulation of physical therapists and physical
25 therapist assistants.
26 20. "Remote State" means a member state other than the
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1 home state, where a licensee is exercising or seeking to
2 exercise the compact privilege.
3 21. "Rule" means a regulation, principle, or directive
4 promulgated by the Commission that has the force of law.
5 22. "State" means any state, commonwealth, district, or
6 territory of the United States of America that regulates the
7 practice of physical therapy.
8 SECTION 3. STATE PARTICIPATION IN THE COMPACT
9 A. To participate in the Compact, a state must:
10 1. Participate fully in the Commission's data system,
11 including using the Commission's unique identifier as
12 defined in rules;
13 2. Have a mechanism in place for receiving and
14 investigating complaints about licensees;
15 3. Notify the Commission, in compliance with the terms
16 of the Compact and rules, of any adverse action or the
17 availability of investigative information regarding a
18 licensee;
19 4. Fully implement a criminal background check
20 requirement, within a time frame established by rule, by
21 receiving the results of the Federal Bureau of
22 Investigation record search on criminal background checks
23 and use the results in making licensure decisions in
24 accordance with Section 3.B.;
25 5. Comply with the rules of the Commission;
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1 6. Utilize a recognized national examination as a
2 requirement for licensure pursuant to the rules of the
3 Commission; and
4 7. Have continuing competence requirements as a
5 condition for license renewal.
6 B. Upon adoption of this statute, the member state shall
7 have the authority to obtain biometric-based information from
8 each physical therapy licensure applicant and submit this
9 information to the Federal Bureau of Investigation for a
10 criminal background check in accordance with 28 U.S.C. 534
11 and 42 U.S.C. 14616.
12 C. A member state shall grant the compact privilege to a
13 licensee holding a valid unencumbered license in another
14 member state in accordance with the terms of the Compact and
15 rules.
16 D. Member states may charge a fee for granting a compact
17 privilege
18 SECTION 4. COMPACT PRIVILEGE
19 A. To exercise the compact privilege under the terms and
20 provisions of the Compact, the licensee shall:
21 1. Hold a license in the home state;
22 2. Have no encumbrance on any state license;
23 3. Be eligible for a compact privilege in any member
24 state in accordance with Section 4D, G and H;
25 4. Have not had any adverse action against any license
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1 or compact privilege within the previous 2 years;
2 5. Notify the Commission that the licensee is seeking
3 the compact privilege within a remote state(s);
4 6. Pay any applicable fees, including any state fee,
5 for the compact privilege;
6 7. Meet any jurisprudence requirements established by
7 the remote state(s) in which the licensee is seeking a
8 compact privilege; and
9 8. Report to the Commission adverse action taken by
10 any non-member state within 30 days from the date the
11 adverse action is taken.
12 B. The compact privilege is valid until the expiration
13 date of the home license. The licensee must comply with the
14 requirements of Section 4.A. to maintain the compact privilege
15 in the remote state.
16 C. A licensee providing physical therapy in a remote state
17 under the compact privilege shall function within the laws and
18 regulations of the remote state.
19 D. A licensee providing physical therapy in a remote state
20 is subject to that state's regulatory authority. A remote
21 state may, in accordance with due process and that state's
22 laws, remove a licensee's compact privilege in the remote
23 state for a specific period of time, impose fines, and/or take
24 any other necessary actions to protect the health and safety
25 of its citizens. The licensee is not eligible for a compact
26 privilege in any state until the specific time for removal has
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1 passed and all fines are paid.
2 E. If a home state license is encumbered, the licensee
3 shall lose the compact privilege in any remote state until the
4 following occur:
5 1. The home state license is no longer encumbered; and
6 2. Two years have elapsed from the date of the adverse
7 action.
8 F. Once an encumbered license in the home state is
9 restored to good standing, the licensee must meet the
10 requirements of Section 4A to obtain a compact privilege in
11 any remote state.
12 G. If a licensee's compact privilege in any remote state
13 is removed, the individual shall lose the compact privilege in
14 any remote state until the following occur:
15 1. The specific period of time for which the compact
16 privilege was removed has ended;
17 2. All fines have been paid; and
18 3. Two years have elapsed from the date of the adverse
19 action.
20 H. Once the requirements of Section 4G have been met, the
21 license must meet the requirements in Section 4A to obtain a
22 compact privilege in a remote state.
23 SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
24 A licensee who is active duty military or is the spouse of
25 an individual who is active duty military may designate one of
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1 the following as the home state:
2 A. Home of record;
3 B. Permanent Change of Station (PCS); or
4 C. State of current residence if it is different than the
5 PCS state or home of record.
6 SECTION 6. ADVERSE ACTIONS
7 A. A home state shall have exclusive power to impose
8 adverse action against a license issued by the home state.
9 B. A home state may take adverse action based on the
10 investigative information of a remote state, so long as the
11 home state follows its own procedures for imposing adverse
12 action.
13 C. Nothing in this Compact shall override a member state's
14 decision that participation in an alternative program may be
15 used in lieu of adverse action and that such participation
16 shall remain non-public if required by the member state's
17 laws. Member states must require licensees who enter any
18 alternative programs in lieu of discipline to agree not to
19 practice in any other member state during the term of the
20 alternative program without prior authorization from such
21 other member state.
22 D. Any member state may investigate actual or alleged
23 violations of the statutes and rules authorizing the practice
24 of physical therapy in any other member state in which a
25 physical therapist or physical therapist assistant holds a
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1 license or compact privilege.
2 E. A remote state shall have the authority to:
3 1. Take adverse actions as set forth in Section 4.D.
4 against a licensee's compact privilege in the state;
5 2. Issue subpoenas for both hearings and
6 investigations that require the attendance and testimony
7 of witnesses, and the production of evidence. Subpoenas
8 issued by a physical therapy licensing board in a party
9 state for the attendance and testimony of witnesses,
10 and/or the production of evidence from another party
11 state, shall be enforced in the latter state by any court
12 of competent jurisdiction, according to the practice and
13 procedure of that court applicable to subpoenas issued in
14 proceedings pending before it. The issuing authority shall
15 pay any witness fees, travel expenses, mileage, and other
16 fees required by the service statutes of the state where
17 the witnesses and/or evidence are located; and
18 3. If otherwise permitted by state law, recover from
19 the licensee the costs of investigations and disposition
20 of cases resulting from any adverse action taken against
21 that licensee.
22 F. Joint Investigations
23 1. In addition to the authority granted to a member
24 state by its respective physical therapy practice act or
25 other applicable state law, a member state may participate
26 with other member states in joint investigations of
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1 licensees.
2 2. Member states shall share any investigative,
3 litigation, or compliance materials in furtherance of any
4 joint or individual investigation initiated under the
5 Compact.
6 SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
7 COMMISSION
8 A. The Compact member states hereby create and establish a
9 joint public agency known as the Physical Therapy Compact
10 Commission:
11 1. The Commission is an instrumentality of the Compact
12 states.
13 2. Venue is proper and judicial proceedings by or
14 against the Commission shall be brought solely and
15 exclusively in a court of competent jurisdiction where the
16 principal office of the Commission is located. The
17 Commission may waive venue and jurisdictional defenses to
18 the extent it adopts or consents to participate in
19 alternative dispute resolution proceedings.
20 3. Nothing in this Compact shall be construed to be a
21 waiver of sovereign immunity.
22 B. Membership, Voting, and Meetings
23 1. Each member state shall have and be limited to one
24 (1) delegate selected by that member state's licensing
25 board.
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1 2. The delegate shall be a current member of the
2 licensing board, who is a physical therapist, physical
3 therapist assistant, public member, or the board
4 administrator.
5 3. Any delegate may be removed or suspended from
6 office as provided by the law of the state from which the
7 delegate is appointed.
8 4. The member state board shall fill any vacancy
9 occurring in the Commission.
10 5. Each delegate shall be entitled to one (1) vote
11 with regard to the promulgation of rules and creation of
12 bylaws and shall otherwise have an opportunity to
13 participate in the business and affairs of the Commission.
14 6. A delegate shall vote in person or by such other
15 means as provided in the bylaws. The bylaws may provide
16 for delegates' participation in meetings by telephone or
17 other means of communication.
18 7. The Commission shall meet at least once during each
19 calendar year. Additional meetings shall be held as set
20 forth in the bylaws.
21 C. The Commission shall have the following powers and
22 duties:
23 1. Establish the fiscal year of the Commission;
24 2. Establish bylaws;
25 3. Maintain its financial records in accordance with
26 the bylaws;
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1 4. Meet and take such actions as are consistent with
2 the provisions of this Compact and the bylaws;
3 5. Promulgate uniform rules to facilitate and
4 coordinate implementation and administration of this
5 Compact. The rules shall have the force and effect of law
6 and shall be binding in all member states;
7 6. Bring and prosecute legal proceedings or actions in
8 the name of the Commission, provided that the standing of
9 any state physical therapy licensing board to sue or be
10 sued under applicable law shall not be affected;
11 7. Purchase and maintain insurance and bonds;
12 8. Borrow, accept, or contract for services of
13 personnel, including, but not limited to, employees of a
14 member state;
15 9. Hire employees, elect or appoint officers, fix
16 compensation, define duties, grant such individuals
17 appropriate authority to carry out the purposes of the
18 Compact, and to establish the Commission's personnel
19 policies and programs relating to conflicts of interest,
20 qualifications of personnel, and other related personnel
21 matters;
22 10. Accept any and all appropriate donations and
23 grants of money, equipment, supplies, materials and
24 services, and to receive, utilize and dispose of the same;
25 provided that at all times the Commission shall avoid any
26 appearance of impropriety and/or conflict of interest;
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1 11. Lease, purchase, accept appropriate gifts or
2 donations of, or otherwise to own, hold, improve or use,
3 any property, real, personal or mixed; provided that at
4 all times the Commission shall avoid any appearance of
5 impropriety;
6 12. Sell convey, mortgage, pledge, lease, exchange,
7 abandon, or otherwise dispose of any property real,
8 personal, or mixed;
9 13. Establish a budget and make expenditures;
10 14. Borrow money;
11 15. Appoint committees, including standing committees
12 composed of members, state regulators, state legislators
13 or their representatives, and consumer representatives,
14 and such other interested persons as may be designated in
15 this Compact and the bylaws;
16 16. Provide and receive information from, and
17 cooperate with, law enforcement agencies;
18 17. Establish and elect an Executive Board; and
19 18. Perform such other functions as may be necessary
20 or appropriate to achieve the purposes of this Compact
21 consistent with the state regulation of physical therapy
22 licensure and practice.
23 D. The Executive Board
24 The Executive Board shall have the power to act on behalf
25 of the Commission according to the terms of this Compact
26 1. The Executive Board shall be composed of nine
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1 members:
2 a. Seven voting members who are elected by the
3 Commission from the current membership of the
4 Commission;
5 b. One ex-officio, nonvoting member from the
6 recognized national physical therapy professional
7 association; and
8 c. One ex-officio, nonvoting member from the
9 recognized membership organization of the physical
10 therapy licensing boards.
11 2. The ex-officio members will be selected by their
12 respective organizations.
13 3. The Commission may remove any member of the
14 Executive Board as provided in bylaws.
15 4. The Executive Board shall meet at least annually.
16 5. The Executive Board shall have the following Duties
17 and responsibilities:
18 a. Recommend to the entire Commission changes to
19 the rules or bylaws, changes to this Compact
20 legislation, fees paid by Compact member states such
21 as annual dues, and any commission Compact fee charged
22 to licensees for the compact privilege;
23 b. Ensure Compact administration services are
24 appropriately provided, contractual or otherwise;
25 c. Prepare and recommend the budget;
26 d. Maintain financial records on behalf of the
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1 Commission;
2 e. Monitor Compact compliance of member states and
3 provide compliance reports to the Commission;
4 f. Establish additional committees as necessary;
5 and
6 g. Other duties as provided in rules or bylaws.
7 E. Meetings of the Commission
8 1. All meetings shall be open to the public, and
9 public notice of meetings shall be given in the same
10 manner as required under the rulemaking provisions in
11 Section 9.
12 2. The Commission or the Executive Board or other
13 committees of the Commission may convene in a closed,
14 non-public meeting if the Commission or Executive Board or
15 other committees of the Commission must discuss:
16 a. Non-compliance of a member state with its
17 obligations under the Compact;
18 b. The employment, compensation, discipline or
19 other matters, practices or procedures related to
20 specific employees or other matters related to the
21 Commission's internal personnel practices and
22 procedures;
23 c. Current, threatened, or reasonably anticipated
24 litigation;
25 d. Negotiation of contracts for the purchase,
26 lease, or sale of goods, services, or real estate;
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1 e. Accusing any person of a crime or formally
2 censuring any person;
3 f. Disclosure of trade secrets or commercial or
4 financial information that is privileged or
5 confidential;
6 g. Disclosure of information of a personal nature
7 where disclosure would constitute a clearly
8 unwarranted invasion of personal privacy;
9 h. Disclosure of investigative records compiled
10 for law enforcement purposes;
11 i. Disclosure of information related to any
12 investigative reports prepared by or on behalf of or
13 for use of the Commission or other committee charged
14 with responsibility of investigation or determination
15 of compliance issues pursuant to the Compact; or
16 j. Matters specifically exempted from disclosure
17 by federal or member state statute.
18 3. If a meeting, or portion of a meeting, is closed
19 pursuant to this provision, the Commission's legal counsel
20 or designee shall certify that the meeting may be closed
21 and shall reference each relevant exempting provision.
22 4. The Commission shall keep minutes that fully and
23 clearly describe all matters discussed in a meeting and
24 shall provide a full and accurate summary of actions
25 taken, and the reasons therefore, including a description
26 of the views expressed. All documents considered in
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1 connection with an action shall be identified in such
2 minutes. All minutes and documents of a closed meeting
3 shall remain under seal, subject to release by a majority
4 vote of the Commission or order of a court of competent
5 jurisdiction.
6 F. Financing of the Commission
7 1. The Commission shall pay, or provide for the
8 payment of, the reasonable expenses of its establishment,
9 organization, and ongoing activities.
10 2. The Commission may accept any and all appropriate
11 revenue sources, donations, and grants of money,
12 equipment, supplies, materials, and services.
13 3. The Commission may levy on and collect an annual
14 assessment from each member state or impose fees on other
15 parties to cover the cost of the operations and activities
16 of the Commission and its staff, which must be in a total
17 amount sufficient to cover its annual budget as approved
18 each year for which revenue is not provided by other
19 sources. The aggregate annual assessment amount shall be
20 allocated based upon a formula to be determined by the
21 Commission, which shall promulgate a rule binding upon all
22 member states.
23 4. The Commission shall not incur obligations of any
24 kind prior to securing the funds adequate to meet the
25 same; nor shall the Commission pledge the credit of any of
26 the member states, except by and with the authority of the
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1 member state.
2 5. The Commission shall keep accurate accounts of all
3 receipts and disbursements. The receipts and disbursements
4 of the Commission shall be subject to the audit and
5 accounting procedures established under its bylaws.
6 However, all receipts and disbursements of funds handled
7 by the Commission shall be audited yearly by a certified
8 or licensed public accountant, and the report of the audit
9 shall be included in and become part of the annual report
10 of the Commission.
11 G. Qualified Immunity, Defense, and Indemnification
12 1. The members, officers, executive director,
13 employees and representatives of the Commission shall be
14 immune from suit and liability, either personally or in
15 their official capacity, for any claim for damage to or
16 loss of property or personal injury or other civil
17 liability caused by or arising out of any actual or
18 alleged act, error or omission that occurred, or that the
19 person against whom the claim is made had a reasonable
20 basis for believing occurred within the scope of
21 Commission employment, duties or responsibilities;
22 provided that nothing in this paragraph shall be construed
23 to protect any such person from suit and/or liability for
24 any damage, loss, injury, or liability caused by the
25 intentional or willful or wanton misconduct of that
26 person.
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1 2. The Commission shall defend any member, officer,
2 executive director, employee or representative of the
3 Commission in any civil action seeking to impose liability
4 arising out of any actual or alleged act, error, or
5 omission that occurred within the scope of Commission
6 employment, duties, or responsibilities, or that the
7 person against whom the claim is made had a reasonable
8 basis for believing occurred within the scope of
9 Commission employment, duties, or responsibilities;
10 provided that nothing herein shall be construed to
11 prohibit that person from retaining his or her own
12 counsel; and provided further, that the actual or alleged
13 act, error, or omission did not result from that person's
14 intentional or willful or wanton misconduct.
15 3. The Commission shall indemnify and hold harmless
16 any member, officer, executive director, employee, or
17 representative of the Commission for the amount of any
18 settlement or judgment obtained against that person
19 arising out of any actual or alleged act, error or
20 omission that occurred within the scope of Commission
21 employment, duties, or responsibilities, or that such
22 person had a reasonable basis for believing occurred
23 within the scope of Commission employment, duties, or
24 responsibilities, provided that the actual or alleged act,
25 error, or omission did not result from the intentional or
26 willful or wanton misconduct of that person.
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1 SECTION 8. DATA SYSTEM
2 A. The Commission shall provide for the development,
3 maintenance, and utilization of a coordinated database and
4 reporting system containing licensure, adverse action, and
5 investigative information on all licensed individuals in
6 member states.
7 B. Notwithstanding any other provision of state law to the
8 contrary, a member state shall submit a uniform data set to the
9 data system on all individuals to whom this Compact is
10 applicable as required by the rules of the Commission,
11 including:
12 1. Identifying information;
13 2. Licensure data;
14 3. Adverse actions against a license or compact
15 privilege;
16 4. Non-confidential information related to alternative
17 program participation;
18 5. Any denial of application for licensure, and the
19 reason(s) for such denial; and
20 6. Other information that may facilitate the
21 administration of this Compact, as determined by the rules
22 of the Commission.
23 C. Investigative information pertaining to a licensee in
24 any member state will only be available to other party states.
25 D. The Commission shall promptly notify all member states
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1 of any adverse action taken against a licensee or an
2 individual applying for a license. Adverse action information
3 pertaining to a licensee in any member state will be available
4 to any other member state.
5 E. Member states contributing information to the data
6 system may designate information that may not be shared with
7 the public without the express permission of the contributing
8 state.
9 F. Any information submitted to the data system that is
10 subsequently required to be expunged by the laws of the member
11 state contributing the information shall be removed from the
12 data system.
13 SECTION 9. RULEMAKING
14 A. The Commission shall exercise its rulemaking powers
15 pursuant to the criteria set forth in this Section and the
16 rules adopted thereunder. Rules and amendments shall become
17 binding as of the date specified in each rule or amendment.
18 B. If a majority of the legislatures of the member states
19 rejects a rule, by enactment of a statute or resolution in the
20 same manner used to adopt the Compact within 4 years of the
21 date of adoption of the rule, then such rule shall have no
22 further force and effect in any member state.
23 C. Rules or amendments to the rules shall be adopted at a
24 regular or special meeting of the Commission.
25 D. Prior to promulgation and adoption of a final rule or
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1 rules by the Commission, and at least thirty (30) days in
2 advance of the meeting at which the rule will be considered and
3 voted upon, the Commission shall file a Notice of Proposed
4 Rulemaking:
5 1. On the website of the Commission or other publicly
6 accessible platform; and
7 2. On the website of each member state physical
8 therapy licensing board or other publicly accessible
9 platform or the publication in which each state would
10 otherwise publish proposed rules.
11 E. The Notice of Proposed Rulemaking shall include:
12 1. The proposed time, date, and location of the
13 meeting in which the rule will be considered and voted
14 upon;
15 2. The text of the proposed rule or amendment and the
16 reason for the proposed rule;
17 3. A request for comments on the proposed rule from
18 any interested person; and
19 4. The manner in which interested persons may submit
20 notice to the Commission of their intention to attend the
21 public hearing and any written comments.
22 F. Prior to adoption of a proposed rule, the Commission
23 shall allow persons to submit written data, facts, opinions,
24 and arguments, which shall be made available to the public.
25 G. The Commission shall grant an opportunity for a public
26 hearing before it adopts a rule or amendment if a hearing is
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1 requested by:
2 1. At least twenty-five (25) persons;
3 2. A state or federal governmental subdivision or
4 agency; or
5 3. An association having at least twenty-five (25)
6 members.
7 H. If a hearing is held on the proposed rule or amendment,
8 the Commission shall publish the place, time, and date of the
9 scheduled public hearing. If the hearing is held via
10 electronic means, the Commission shall publish the mechanism
11 for access to the electronic hearing.
12 1. All persons wishing to be heard at the hearing
13 shall notify the executive director of the Commission or
14 other designated member in writing of their desire to
15 appear and testify at the hearing not less than five (5)
16 business days before the scheduled date of the hearing.
17 2. Hearings shall be conducted in a manner providing
18 each person who wishes to comment a fair and reasonable
19 opportunity to comment orally or in writing.
20 3. All hearings will be recorded. A copy of the
21 recording will be made available on request.
22 4. Nothing in this section shall be construed as
23 requiring a separate hearing on each rule. Rules may be
24 grouped for the convenience of the Commission at hearings
25 required by this Section.
26 I. Following the scheduled hearing date, or by the close
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1 of business on the scheduled hearing date if the hearing was
2 not held, the Commission shall consider all written and oral
3 comments received.
4 J. If no written notice of intent to attend the public
5 hearing by interested parties is received, the Commission may
6 proceed with promulgation of the proposed rule without a
7 public hearing.
8 K. The Commission shall, by majority vote of all members,
9 take final action on the proposed rule and shall determine the
10 effective date of the rule, if any, based on the rulemaking
11 record and the full text of the rule.
12 L. Upon determination that an emergency exists, the
13 Commission may consider and adopt an emergency rule without
14 prior notice, opportunity for comment, or hearing, provided
15 that the usual rulemaking procedures provided in the Compact
16 and in this section shall be retroactively applied to the rule
17 as soon as reasonably possible, in no event later than ninety
18 (90) days after the effective date of the rule. For the
19 purposes of this provision, an emergency rule is one that must
20 be adopted immediately in order to:
21 1. Meet an imminent threat to public health, safety,
22 or welfare;
23 2. Prevent a loss of Commission or member state funds;
24 3. Meet a deadline for the promulgation of an
25 administrative rule that is established by federal law or
26 rule; or
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1 4. Protect public health and safety.
2 M. The Commission or an authorized committee of the
3 Commission may direct revisions to a previously adopted rule
4 or amendment for purposes of correcting typographical errors,
5 errors in format, errors in consistency, or grammatical
6 errors. Public notice of any revisions shall be posted on the
7 website of the Commission. The revision shall be subject to
8 challenge by any person for a period of thirty (30) days after
9 posting. The revision may be challenged only on grounds that
10 the revision results in a material change to a rule. A
11 challenge shall be made in writing, and delivered to the chair
12 of the Commission prior to the end of the notice period. If no
13 challenge is made, the revision will take effect without
14 further action. If the revision is challenged, the revision
15 may not take effect without the approval of the Commission.
16 SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
17 A. Oversight
18 1. The executive, legislative, and judicial branches
19 of state government in each member state shall enforce
20 this Compact and take all actions necessary and
21 appropriate to effectuate the Compact's purposes and
22 intent. The provisions of this Compact and the rules
23 promulgated hereunder shall have standing as statutory
24 law.
25 2. All courts shall take judicial notice of the
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1 Compact and the rules in any judicial or administrative
2 proceeding in a member state pertaining to the subject
3 matter of this Compact which may affect the powers,
4 responsibilities or actions of the Commission.
5 3. The Commission shall be entitled to receive service
6 of process in any such proceeding, and shall have standing
7 to intervene in such a proceeding for all purposes.
8 Failure to provide service of process to the Commission
9 shall render a judgment or order void as to the
10 Commission, this Compact, or promulgated rules.
11 B. Default, Technical Assistance, and Termination
12 1. If the Commission determines that a member state
13 has defaulted in the performance of its obligations or
14 responsibilities under this Compact or the promulgated
15 rules, the Commission shall:
16 a. Provide written notice to the defaulting state
17 and other member states of the nature of the default,
18 the proposed means of curing the default and/or any
19 other action to be taken by the Commission; and
20 b. Provide remedial training and specific
21 technical assistance regarding the default.
22 2. If a state in default fails to cure the default, the
23 defaulting state may be terminated from the Compact upon
24 an affirmative vote of a majority of the member states,
25 and all rights, privileges and benefits conferred by this
26 Compact may be terminated on the effective date of
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1 termination. A cure of the default does not relieve the
2 offending state of obligations or liabilities incurred
3 during the period of default.
4 3. Termination of membership in the Compact shall be
5 imposed only after all other means of securing compliance
6 have been exhausted. Notice of intent to suspend or
7 terminate shall be given by the Commission to the
8 governor, the majority and minority leaders of the
9 defaulting state's legislature, and each of the member
10 states.
11 4. A state that has been terminated is responsible for
12 all assessments, obligations, and liabilities incurred
13 through the effective date of termination, including
14 obligations that extend beyond the effective date of
15 termination.
16 5. The Commission shall not bear any costs related to
17 a state that is found to be in default or that has been
18 terminated from the Compact, unless agreed upon in writing
19 between the Commission and the defaulting state.
20 6. The defaulting state may appeal the action of the
21 Commission by petitioning the U.S. District Court for the
22 District of Columbia or the federal district where the
23 Commission has its principal offices. The prevailing
24 member shall be awarded all costs of such litigation,
25 including reasonable attorney's fees.
26 C. Dispute Resolution
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1 1. Upon request by a member state, the Commission
2 shall attempt to resolve disputes related to the Compact
3 that arise among member states and between member and
4 non-member states.
5 2. The Commission shall promulgate a rule providing
6 for both mediation and binding dispute resolution for
7 disputes as appropriate.
8 D. Enforcement
9 1. The Commission, in the reasonable exercise of its
10 discretion, shall enforce the provisions and rules of this
11 Compact.
12 2. By majority vote, the Commission may initiate legal
13 action in the United States District Court for the
14 District of Columbia or the federal district where the
15 Commission has its principal offices against a member
16 state in default to enforce compliance with the provisions
17 of the Compact and its promulgated rules and bylaws. The
18 relief sought may include both injunctive relief and
19 damages. In the event judicial enforcement is necessary,
20 the prevailing member shall be awarded all costs of such
21 litigation, including reasonable attorney's fees.
22 3. The remedies herein shall not be the exclusive
23 remedies of the Commission. The Commission may pursue any
24 other remedies available under federal or state law.
25 SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE
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1 COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,
2 WITHDRAWAL, AND AMENDMENT
3 A. The Compact shall come into effect on the date on which
4 the Compact statute is enacted into law in the tenth member
5 state. The provisions, which become effective at that time,
6 shall be limited to the powers granted to the Commission
7 relating to assembly and the promulgation of rules.
8 Thereafter, the Commission shall meet and exercise rulemaking
9 powers necessary to the implementation and administration of
10 the Compact.
11 B. Any state that joins the Compact subsequent to the
12 Commission's initial adoption of the rules shall be subject to
13 the rules as they exist on the date on which the Compact
14 becomes law in that state. Any rule that has been previously
15 adopted by the Commission shall have the full force and effect
16 of law on the day the Compact becomes law in that state.
17 C. Any member state may withdraw from this Compact by
18 enacting a statute repealing the same.
19 1. A member state's withdrawal shall not take effect
20 until six (6) months after enactment of the repealing
21 statute.
22 2. Withdrawal shall not affect the continuing
23 requirement of the withdrawing state's physical therapy
24 licensing board to comply with the investigative and
25 adverse action reporting requirements of this act prior to
26 the effective date of withdrawal.
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1 D. Nothing contained in this Compact shall be construed to
2 invalidate or prevent any physical therapy licensure agreement
3 or other cooperative arrangement between a member state and a
4 non-member state that does not conflict with the provisions of
5 this Compact.
6 E. This Compact may be amended by the member states. No
7 amendment to this Compact shall become effective and binding
8 upon any member state until it is enacted into the laws of all
9 member states.
10 SECTION 12. CONSTRUCTION AND SEVERABILITY
11 This Compact shall be liberally construed so as to
12 effectuate the purposes thereof. The provisions of this
13 Compact shall be severable and if any phrase, clause, sentence
14 or provision of this Compact is declared to be contrary to the
15 constitution of any party state or of the United States or the
16 applicability thereof to any government, agency, person or
17 circumstance is held invalid, the validity of the remainder of
18 this Compact and the applicability thereof to any government,
19 agency, person or circumstance shall not be affected thereby.
20 If this Compact shall be held contrary to the constitution of
21 any party state, the Compact shall remain in full force and
22 effect as to the remaining party states and in full force and
23 effect as to the party state affected as to all severable
24 matters.
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1 Section 10. The Illinois Physical Therapy Act is amended
2 by adding Section 8.7 as follows:
3 (225 ILCS 90/8.7 new)
4 Sec. 8.7. Criminal history records background check. Each
5 applicant for licensure under Sections 8, 8.1, and 11 shall
6 have his or her fingerprints submitted to the Illinois State
7 Police in an electronic format that complies with the form and
8 manner for requesting and furnishing criminal history record
9 information as prescribed by the Illinois State Police. These
10 fingerprints shall be checked against the Illinois State
11 Police and Federal Bureau of Investigation criminal history
12 record databases now and hereafter filed. The Illinois State
13 Police shall charge applicants a fee for conducting the
14 criminal history records check, which shall be deposited into
15 the State Police Services Fund and shall not exceed the actual
16 cost of the records check. The Illinois State Police shall
17 furnish, pursuant to positive identification, records of
18 Illinois convictions to the Department. The Department may
19 require applicants to pay a separate fingerprinting fee,
20 either to the Department or to a vendor designated or approved
21 by the Department. The Department, in its discretion, may
22 allow an applicant or licensee who does not have reasonable
23 access to a designated vendor to provide his or her
24 fingerprints in an alternative manner. Communication between
25 the Department and an interstate compact governing body or
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