Illinois 2025-2026 Regular Session

Illinois House Bill HB3420 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3420 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 225 ILCS 90/8.7 new225 ILCS 90/33.5 new 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. 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. LRB104 09723 AAS 19789 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3420 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 225 ILCS 90/8.7 new225 ILCS 90/33.5 new 225 ILCS 90/8.7 new 225 ILCS 90/33.5 new 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. 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. LRB104 09723 AAS 19789 b LRB104 09723 AAS 19789 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3420 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 90/8.7 new225 ILCS 90/33.5 new 225 ILCS 90/8.7 new 225 ILCS 90/33.5 new
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6	6	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. 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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12	12	1 AN ACT concerning regulation.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Illinois Physical Therapy Act is amended by
16	16	5 adding Sections 8.7 and 33.5 as follows:
17	17	6 (225 ILCS 90/8.7 new)
18	18	7 Sec. 8.7. Criminal history records background check. Each
19	19	8 applicant for licensure under Sections 8, 8.1, and 11 shall
20	20	9 have his or her fingerprints submitted to the Illinois State
21	21	10 Police in an electronic format that complies with the form and
22	22	11 manner for requesting and furnishing criminal history record
23	23	12 information as prescribed by the Illinois State Police. These
24	24	13 fingerprints shall be checked against the Illinois State
25	25	14 Police and Federal Bureau of Investigation criminal history
26	26	15 record databases now and hereafter filed. The Illinois State
27	27	16 Police shall charge applicants a fee for conducting the
28	28	17 criminal history records check, which shall be deposited into
29	29	18 the State Police Services Fund and shall not exceed the actual
30	30	19 cost of the records check. The Illinois State Police shall
31	31	20 furnish, pursuant to positive identification, records of
32	32	21 Illinois convictions to the Department. The Department may
33	33	22 require applicants to pay a separate fingerprinting fee,
34	34	23 either to the Department or to a vendor designated or approved
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3420 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
39	39	225 ILCS 90/8.7 new225 ILCS 90/33.5 new 225 ILCS 90/8.7 new 225 ILCS 90/33.5 new
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41	41	225 ILCS 90/33.5 new
42	42	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. 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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52	52	225 ILCS 90/33.5 new
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71	71	1 by the Department. The Department, in its discretion, may
72	72	2 allow an applicant or licensee who does not have reasonable
73	73	3 access to a designated vendor to provide his or her
74	74	4 fingerprints in an alternative manner. Communication between
75	75	5 the Department and an interstate compact governing body or
76	76	6 other entities may not include information received from the
77	77	7 Federal Bureau of Investigation relating to a State and
78	78	8 federal criminal history records check. The Department may
79	79	9 adopt any rules necessary to implement this Section.
80	80	10 (225 ILCS 90/33.5 new)
81	81	11 Sec. 33.5. Physical Therapy Licensure Compact. The State
82	82	12 of Illinois ratifies and approves the following Compact:
83	83	13 PHYSICAL THERAPY LICENSURE COMPACT
84	84	14 SECTION 1. PURPOSE
85	85	15 The purpose of this Compact is to facilitate interstate
86	86	16 practice of physical therapy with the goal of improving public
87	87	17 access to physical therapy services. The practice of physical
88	88	18 therapy occurs in the state where the patient/client is
89	89	19 located at the time of the patient/client encounter. The
90	90	20 Compact preserves the regulatory authority of states to
91	91	21 protect public health and safety through the current system of
92	92	22 state licensure.
93	93	23 This Compact is designed to achieve the following
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104	104	1 objectives:
105	105	2 1. Increase public access to physical therapy services
106	106	3 by providing for the mutual recognition of other member
107	107	4 state licenses;
108	108	5 2. Enhance the states' ability to protect the public's
109	109	6 health and safety;
110	110	7 3. Encourage the cooperation of member states in
111	111	8 regulating multi-state physical therapy practice;
112	112	9 4. Support spouses of relocating military members;
113	113	10 5. Enhance the exchange of licensure, investigative,
114	114	11 and disciplinary information between member states; and
115	115	12 6. Allow a remote state to hold a provider of services
116	116	13 with a compact privilege in that state accountable to that
117	117	14 state's practice standards.
118	118	15 SECTION 2. DEFINITIONS
119	119	16 As used in this Compact, and except as otherwise provided,
120	120	17 the following definitions shall apply:
121	121	18 1. "Active Duty Military" means full-time duty status in
122	122	19 the active uniformed service of the United States, including
123	123	20 members of the National Guard and Reserve on active duty
124	124	21 orders pursuant to 10 U.S.C. Section 1209 and 1211.
125	125	22 2. "Adverse Action" means disciplinary action taken by a
126	126	23 physical therapy licensing board based upon misconduct,
127	127	24 unacceptable performance, or a combination of both.
128	128	25 3. "Alternative Program" means a non-disciplinary
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139	139	1 monitoring or practice remediation process approved by a
140	140	2 physical therapy licensing board. This includes, but is not
141	141	3 limited to, substance abuse issues.
142	142	4 4. "Compact privilege" means the authorization granted by
143	143	5 a remote state to allow a licensee from another member state to
144	144	6 practice as a physical therapist or work as a physical
145	145	7 therapist assistant in the remote state under its laws and
146	146	8 rules. The practice of physical therapy occurs in the member
147	147	9 state where the patient/client is located at the time of the
148	148	10 patient/client encounter.
149	149	11 5. "Continuing competence" means a requirement, as a
150	150	12 condition of license renewal, to provide evidence of
151	151	13 participation in, and/or completion of, educational and
152	152	14 professional activities relevant to practice or area of work.
153	153	15 6. "Data system" means a repository of information about
154	154	16 licensees, including examination, licensure, investigative,
155	155	17 compact privilege, and adverse action.
156	156	18 7. "Encumbered license" means a license that a physical
157	157	19 therapy licensing board has limited in any way.
158	158	20 8. "Executive Board" means a group of directors elected or
159	159	21 appointed to act on behalf of, and within the powers granted to
160	160	22 them by, the Commission.
161	161	23 9. "Home state" means the member state that is the
162	162	24 licensee's primary state of residence.
163	163	25 10. "Investigative information" means information,
164	164	26 records, and documents received or generated by a physical
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175	175	1 therapy licensing board pursuant to an investigation.
176	176	2 11. "Jurisprudence Requirement" means the assessment of an
177	177	3 individual's knowledge of the laws and rules governing the
178	178	4 practice of physical therapy in a state.
179	179	5 12. "Licensee" means an individual who currently holds an
180	180	6 authorization from the state to practice as a physical
181	181	7 therapist or to work as a physical therapist assistant.
182	182	8 13. "Member state" means a state that has enacted the
183	183	9 Compact.
184	184	10 14. "Party state" means any member state in which a
185	185	11 licensee holds a current license or compact privilege or is
186	186	12 applying for a license or compact privilege.
187	187	13 15. "Physical therapist" means an individual who is
188	188	14 licensed by a state to practice physical therapy.
189	189	15 16. "Physical therapist assistant" means an individual who
190	190	16 is licensed/certified by a state and who assists the physical
191	191	17 therapist in selected components of physical therapy.
192	192	18 17. "Physical therapy," "physical therapy practice," and
193	193	19 "the practice of physical therapy" mean the care and services
194	194	20 provided by or under the direction and supervision of a
195	195	21 licensed physical therapist.
196	196	22 18. "Physical Therapy Compact Commission" or "Commission"
197	197	23 means the national administrative body whose membership
198	198	24 consists of all states that have enacted the Compact.
199	199	25 19. "Physical therapy licensing board" or "licensing
200	200	26 board" means the agency of a state that is responsible for the
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211	211	1 licensing and regulation of physical therapists and physical
212	212	2 therapist assistants.
213	213	3 20. "Remote State" means a member state other than the
214	214	4 home state, where a licensee is exercising or seeking to
215	215	5 exercise the compact privilege.
216	216	6 21. "Rule" means a regulation, principle, or directive
217	217	7 promulgated by the Commission that has the force of law.
218	218	8 22. "State" means any state, commonwealth, district, or
219	219	9 territory of the United States of America that regulates the
220	220	10 practice of physical therapy.
221	221	11 SECTION 3. STATE PARTICIPATION IN THE COMPACT
222	222	12 A. To participate in the Compact, a state must:
223	223	13 1. Participate fully in the Commission's data system,
224	224	14 including using the Commission's unique identifier as
225	225	15 defined in rules;
226	226	16 2. Have a mechanism in place for receiving and
227	227	17 investigating complaints about licensees;
228	228	18 3. Notify the Commission, in compliance with the terms
229	229	19 of the Compact and rules, of any adverse action or the
230	230	20 availability of investigative information regarding a
231	231	21 licensee;
232	232	22 4. Fully implement a criminal background check
233	233	23 requirement, within a time frame established by rule, by
234	234	24 receiving the results of the Federal Bureau of
235	235	25 Investigation record search on criminal background checks
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246	246	1 and use the results in making licensure decisions in
247	247	2 accordance with Section 3.B.;
248	248	3 5. Comply with the rules of the Commission;
249	249	4 6. Utilize a recognized national examination as a
250	250	5 requirement for licensure pursuant to the rules of the
251	251	6 Commission; and
252	252	7 7. Have continuing competence requirements as a
253	253	8 condition for license renewal.
254	254	9 B. Upon adoption of this statute, the member state shall
255	255	10 have the authority to obtain biometric-based information from
256	256	11 each physical therapy licensure applicant and submit this
257	257	12 information to the Federal Bureau of Investigation for a
258	258	13 criminal background check in accordance with 28 U.S.C. 534
259	259	14 and 42 U.S.C. 14616.
260	260	15 C. A member state shall grant the compact privilege to a
261	261	16 licensee holding a valid unencumbered license in another
262	262	17 member state in accordance with the terms of the Compact and
263	263	18 rules.
264	264	19 D. Member states may charge a fee for granting a compact
265	265	20 privilege
266	266	21 SECTION 4. COMPACT PRIVILEGE
267	267	22 A. To exercise the compact privilege under the terms and
268	268	23 provisions of the Compact, the licensee shall:
269	269	24 1. Hold a license in the home state;
270	270	25 2. Have no encumbrance on any state license;
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281	281	1 3. Be eligible for a compact privilege in any member
282	282	2 state in accordance with Section 4D, G and H;
283	283	3 4. Have not had any adverse action against any license
284	284	4 or compact privilege within the previous 2 years;
285	285	5 5. Notify the Commission that the licensee is seeking
286	286	6 the compact privilege within a remote state(s);
287	287	7 6. Pay any applicable fees, including any state fee,
288	288	8 for the compact privilege;
289	289	9 7. Meet any jurisprudence requirements established by
290	290	10 the remote state(s) in which the licensee is seeking a
291	291	11 compact privilege; and
292	292	12 8. Report to the Commission adverse action taken by
293	293	13 any non-member state within 30 days from the date the
294	294	14 adverse action is taken.
295	295	15 B. The compact privilege is valid until the expiration
296	296	16 date of the home license. The licensee must comply with the
297	297	17 requirements of Section 4.A. to maintain the compact privilege
298	298	18 in the remote state.
299	299	19 C. A licensee providing physical therapy in a remote state
300	300	20 under the compact privilege shall function within the laws and
301	301	21 regulations of the remote state.
302	302	22 D. A licensee providing physical therapy in a remote state
303	303	23 is subject to that state's regulatory authority. A remote
304	304	24 state may, in accordance with due process and that state's
305	305	25 laws, remove a licensee's compact privilege in the remote
306	306	26 state for a specific period of time, impose fines, and/or take
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317	317	1 any other necessary actions to protect the health and safety
318	318	2 of its citizens. The licensee is not eligible for a compact
319	319	3 privilege in any state until the specific time for removal has
320	320	4 passed and all fines are paid.
321	321	5 E. If a home state license is encumbered, the licensee
322	322	6 shall lose the compact privilege in any remote state until the
323	323	7 following occur:
324	324	8 1. The home state license is no longer encumbered; and
325	325	9 2. Two years have elapsed from the date of the adverse
326	326	10 action.
327	327	11 F. Once an encumbered license in the home state is
328	328	12 restored to good standing, the licensee must meet the
329	329	13 requirements of Section 4A to obtain a compact privilege in
330	330	14 any remote state.
331	331	15 G. If a licensee's compact privilege in any remote state
332	332	16 is removed, the individual shall lose the compact privilege in
333	333	17 any remote state until the following occur:
334	334	18 1. The specific period of time for which the compact
335	335	19 privilege was removed has ended;
336	336	20 2. All fines have been paid; and
337	337	21 3. Two years have elapsed from the date of the adverse
338	338	22 action.
339	339	23 H. Once the requirements of Section 4G have been met, the
340	340	24 license must meet the requirements in Section 4A to obtain a
341	341	25 compact privilege in a remote state.
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352	352	1 SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
353	353	2 A licensee who is active duty military or is the spouse of
354	354	3 an individual who is active duty military may designate one of
355	355	4 the following as the home state:
356	356	5 A. Home of record;
357	357	6 B. Permanent Change of Station (PCS); or
358	358	7 C. State of current residence if it is different than the
359	359	8 PCS state or home of record.
360	360	9 SECTION 6. ADVERSE ACTIONS
361	361	10 A. A home state shall have exclusive power to impose
362	362	11 adverse action against a license issued by the home state.
363	363	12 B. A home state may take adverse action based on the
364	364	13 investigative information of a remote state, so long as the
365	365	14 home state follows its own procedures for imposing adverse
366	366	15 action.
367	367	16 C. Nothing in this Compact shall override a member state's
368	368	17 decision that participation in an alternative program may be
369	369	18 used in lieu of adverse action and that such participation
370	370	19 shall remain non-public if required by the member state's
371	371	20 laws. Member states must require licensees who enter any
372	372	21 alternative programs in lieu of discipline to agree not to
373	373	22 practice in any other member state during the term of the
374	374	23 alternative program without prior authorization from such
375	375	24 other member state.
376	376	25 D. Any member state may investigate actual or alleged
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387	387	1 violations of the statutes and rules authorizing the practice
388	388	2 of physical therapy in any other member state in which a
389	389	3 physical therapist or physical therapist assistant holds a
390	390	4 license or compact privilege.
391	391	5 E. A remote state shall have the authority to:
392	392	6 1. Take adverse actions as set forth in Section 4.D.
393	393	7 against a licensee's compact privilege in the state;
394	394	8 2. Issue subpoenas for both hearings and
395	395	9 investigations that require the attendance and testimony
396	396	10 of witnesses, and the production of evidence. Subpoenas
397	397	11 issued by a physical therapy licensing board in a party
398	398	12 state for the attendance and testimony of witnesses,
399	399	13 and/or the production of evidence from another party
400	400	14 state, shall be enforced in the latter state by any court
401	401	15 of competent jurisdiction, according to the practice and
402	402	16 procedure of that court applicable to subpoenas issued in
403	403	17 proceedings pending before it. The issuing authority shall
404	404	18 pay any witness fees, travel expenses, mileage, and other
405	405	19 fees required by the service statutes of the state where
406	406	20 the witnesses and/or evidence are located; and
407	407	21 3. If otherwise permitted by state law, recover from
408	408	22 the licensee the costs of investigations and disposition
409	409	23 of cases resulting from any adverse action taken against
410	410	24 that licensee.
411	411	25 F. Joint Investigations
412	412	26 1. In addition to the authority granted to a member
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423	423	1 state by its respective physical therapy practice act or
424	424	2 other applicable state law, a member state may participate
425	425	3 with other member states in joint investigations of
426	426	4 licensees.
427	427	5 2. Member states shall share any investigative,
428	428	6 litigation, or compliance materials in furtherance of any
429	429	7 joint or individual investigation initiated under the
430	430	8 Compact.
431	431	9 SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
432	432	10 COMMISSION
433	433	11 A. The Compact member states hereby create and establish a
434	434	12 joint public agency known as the Physical Therapy Compact
435	435	13 Commission:
436	436	14 1. The Commission is an instrumentality of the Compact
437	437	15 states.
438	438	16 2. Venue is proper and judicial proceedings by or
439	439	17 against the Commission shall be brought solely and
440	440	18 exclusively in a court of competent jurisdiction where the
441	441	19 principal office of the Commission is located. The
442	442	20 Commission may waive venue and jurisdictional defenses to
443	443	21 the extent it adopts or consents to participate in
444	444	22 alternative dispute resolution proceedings.
445	445	23 3. Nothing in this Compact shall be construed to be a
446	446	24 waiver of sovereign immunity.
447	447	25 B. Membership, Voting, and Meetings
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458	458	1 1. Each member state shall have and be limited to one
459	459	2 (1) delegate selected by that member state's licensing
460	460	3 board.
461	461	4 2. The delegate shall be a current member of the
462	462	5 licensing board, who is a physical therapist, physical
463	463	6 therapist assistant, public member, or the board
464	464	7 administrator.
465	465	8 3. Any delegate may be removed or suspended from
466	466	9 office as provided by the law of the state from which the
467	467	10 delegate is appointed.
468	468	11 4. The member state board shall fill any vacancy
469	469	12 occurring in the Commission.
470	470	13 5. Each delegate shall be entitled to one (1) vote
471	471	14 with regard to the promulgation of rules and creation of
472	472	15 bylaws and shall otherwise have an opportunity to
473	473	16 participate in the business and affairs of the Commission.
474	474	17 6. A delegate shall vote in person or by such other
475	475	18 means as provided in the bylaws. The bylaws may provide
476	476	19 for delegates' participation in meetings by telephone or
477	477	20 other means of communication.
478	478	21 7. The Commission shall meet at least once during each
479	479	22 calendar year. Additional meetings shall be held as set
480	480	23 forth in the bylaws.
481	481	24 C. The Commission shall have the following powers and
482	482	25 duties:
483	483	26 1. Establish the fiscal year of the Commission;
484	484
485	485
486	486
487	487
488	488
489	489	HB3420 - 13 - LRB104 09723 AAS 19789 b
490	490
491	491
492	492	HB3420- 14 -LRB104 09723 AAS 19789 b HB3420 - 14 - LRB104 09723 AAS 19789 b
493	493	HB3420 - 14 - LRB104 09723 AAS 19789 b
494	494	1 2. Establish bylaws;
495	495	2 3. Maintain its financial records in accordance with
496	496	3 the bylaws;
497	497	4 4. Meet and take such actions as are consistent with
498	498	5 the provisions of this Compact and the bylaws;
499	499	6 5. Promulgate uniform rules to facilitate and
500	500	7 coordinate implementation and administration of this
501	501	8 Compact. The rules shall have the force and effect of law
502	502	9 and shall be binding in all member states;
503	503	10 6. Bring and prosecute legal proceedings or actions in
504	504	11 the name of the Commission, provided that the standing of
505	505	12 any state physical therapy licensing board to sue or be
506	506	13 sued under applicable law shall not be affected;
507	507	14 7. Purchase and maintain insurance and bonds;
508	508	15 8. Borrow, accept, or contract for services of
509	509	16 personnel, including, but not limited to, employees of a
510	510	17 member state;
511	511	18 9. Hire employees, elect or appoint officers, fix
512	512	19 compensation, define duties, grant such individuals
513	513	20 appropriate authority to carry out the purposes of the
514	514	21 Compact, and to establish the Commission's personnel
515	515	22 policies and programs relating to conflicts of interest,
516	516	23 qualifications of personnel, and other related personnel
517	517	24 matters;
518	518	25 10. Accept any and all appropriate donations and
519	519	26 grants of money, equipment, supplies, materials and
520	520
521	521
522	522
523	523
524	524
525	525	HB3420 - 14 - LRB104 09723 AAS 19789 b
526	526
527	527
528	528	HB3420- 15 -LRB104 09723 AAS 19789 b HB3420 - 15 - LRB104 09723 AAS 19789 b
529	529	HB3420 - 15 - LRB104 09723 AAS 19789 b
530	530	1 services, and to receive, utilize and dispose of the same;
531	531	2 provided that at all times the Commission shall avoid any
532	532	3 appearance of impropriety and/or conflict of interest;
533	533	4 11. Lease, purchase, accept appropriate gifts or
534	534	5 donations of, or otherwise to own, hold, improve or use,
535	535	6 any property, real, personal or mixed; provided that at
536	536	7 all times the Commission shall avoid any appearance of
537	537	8 impropriety;
538	538	9 12. Sell convey, mortgage, pledge, lease, exchange,
539	539	10 abandon, or otherwise dispose of any property real,
540	540	11 personal, or mixed;
541	541	12 13. Establish a budget and make expenditures;
542	542	13 14. Borrow money;
543	543	14 15. Appoint committees, including standing committees
544	544	15 composed of members, state regulators, state legislators
545	545	16 or their representatives, and consumer representatives,
546	546	17 and such other interested persons as may be designated in
547	547	18 this Compact and the bylaws;
548	548	19 16. Provide and receive information from, and
549	549	20 cooperate with, law enforcement agencies;
550	550	21 17. Establish and elect an Executive Board; and
551	551	22 18. Perform such other functions as may be necessary
552	552	23 or appropriate to achieve the purposes of this Compact
553	553	24 consistent with the state regulation of physical therapy
554	554	25 licensure and practice.
555	555	26 D. The Executive Board
556	556
557	557
558	558
559	559
560	560
561	561	HB3420 - 15 - LRB104 09723 AAS 19789 b
562	562
563	563
564	564	HB3420- 16 -LRB104 09723 AAS 19789 b HB3420 - 16 - LRB104 09723 AAS 19789 b
565	565	HB3420 - 16 - LRB104 09723 AAS 19789 b
566	566	1 The Executive Board shall have the power to act on behalf
567	567	2 of the Commission according to the terms of this Compact
568	568	3 1. The Executive Board shall be composed of nine
569	569	4 members:
570	570	5 a. Seven voting members who are elected by the
571	571	6 Commission from the current membership of the
572	572	7 Commission;
573	573	8 b. One ex-officio, nonvoting member from the
574	574	9 recognized national physical therapy professional
575	575	10 association; and
576	576	11 c. One ex-officio, nonvoting member from the
577	577	12 recognized membership organization of the physical
578	578	13 therapy licensing boards.
579	579	14 2. The ex-officio members will be selected by their
580	580	15 respective organizations.
581	581	16 3. The Commission may remove any member of the
582	582	17 Executive Board as provided in bylaws.
583	583	18 4. The Executive Board shall meet at least annually.
584	584	19 5. The Executive Board shall have the following Duties
585	585	20 and responsibilities:
586	586	21 a. Recommend to the entire Commission changes to
587	587	22 the rules or bylaws, changes to this Compact
588	588	23 legislation, fees paid by Compact member states such
589	589	24 as annual dues, and any commission Compact fee charged
590	590	25 to licensees for the compact privilege;
591	591	26 b. Ensure Compact administration services are
592	592
593	593
594	594
595	595
596	596
597	597	HB3420 - 16 - LRB104 09723 AAS 19789 b
598	598
599	599
600	600	HB3420- 17 -LRB104 09723 AAS 19789 b HB3420 - 17 - LRB104 09723 AAS 19789 b
601	601	HB3420 - 17 - LRB104 09723 AAS 19789 b
602	602	1 appropriately provided, contractual or otherwise;
603	603	2 c. Prepare and recommend the budget;
604	604	3 d. Maintain financial records on behalf of the
605	605	4 Commission;
606	606	5 e. Monitor Compact compliance of member states and
607	607	6 provide compliance reports to the Commission;
608	608	7 f. Establish additional committees as necessary;
609	609	8 and
610	610	9 g. Other duties as provided in rules or bylaws.
611	611	10 E. Meetings of the Commission
612	612	11 1. All meetings shall be open to the public, and
613	613	12 public notice of meetings shall be given in the same
614	614	13 manner as required under the rulemaking provisions in
615	615	14 Section 9.
616	616	15 2. The Commission or the Executive Board or other
617	617	16 committees of the Commission may convene in a closed,
618	618	17 non-public meeting if the Commission or Executive Board or
619	619	18 other committees of the Commission must discuss:
620	620	19 a. Non-compliance of a member state with its
621	621	20 obligations under the Compact;
622	622	21 b. The employment, compensation, discipline or
623	623	22 other matters, practices or procedures related to
624	624	23 specific employees or other matters related to the
625	625	24 Commission's internal personnel practices and
626	626	25 procedures;
627	627	26 c. Current, threatened, or reasonably anticipated
628	628
629	629
630	630
631	631
632	632
633	633	HB3420 - 17 - LRB104 09723 AAS 19789 b
634	634
635	635
636	636	HB3420- 18 -LRB104 09723 AAS 19789 b HB3420 - 18 - LRB104 09723 AAS 19789 b
637	637	HB3420 - 18 - LRB104 09723 AAS 19789 b
638	638	1 litigation;
639	639	2 d. Negotiation of contracts for the purchase,
640	640	3 lease, or sale of goods, services, or real estate;
641	641	4 e. Accusing any person of a crime or formally
642	642	5 censuring any person;
643	643	6 f. Disclosure of trade secrets or commercial or
644	644	7 financial information that is privileged or
645	645	8 confidential;
646	646	9 g. Disclosure of information of a personal nature
647	647	10 where disclosure would constitute a clearly
648	648	11 unwarranted invasion of personal privacy;
649	649	12 h. Disclosure of investigative records compiled
650	650	13 for law enforcement purposes;
651	651	14 i. Disclosure of information related to any
652	652	15 investigative reports prepared by or on behalf of or
653	653	16 for use of the Commission or other committee charged
654	654	17 with responsibility of investigation or determination
655	655	18 of compliance issues pursuant to the Compact; or
656	656	19 j. Matters specifically exempted from disclosure
657	657	20 by federal or member state statute.
658	658	21 3. If a meeting, or portion of a meeting, is closed
659	659	22 pursuant to this provision, the Commission's legal counsel
660	660	23 or designee shall certify that the meeting may be closed
661	661	24 and shall reference each relevant exempting provision.
662	662	25 4. The Commission shall keep minutes that fully and
663	663	26 clearly describe all matters discussed in a meeting and
664	664
665	665
666	666
667	667
668	668
669	669	HB3420 - 18 - LRB104 09723 AAS 19789 b
670	670
671	671
672	672	HB3420- 19 -LRB104 09723 AAS 19789 b HB3420 - 19 - LRB104 09723 AAS 19789 b
673	673	HB3420 - 19 - LRB104 09723 AAS 19789 b
674	674	1 shall provide a full and accurate summary of actions
675	675	2 taken, and the reasons therefore, including a description
676	676	3 of the views expressed. All documents considered in
677	677	4 connection with an action shall be identified in such
678	678	5 minutes. All minutes and documents of a closed meeting
679	679	6 shall remain under seal, subject to release by a majority
680	680	7 vote of the Commission or order of a court of competent
681	681	8 jurisdiction.
682	682	9 F. Financing of the Commission
683	683	10 1. The Commission shall pay, or provide for the
684	684	11 payment of, the reasonable expenses of its establishment,
685	685	12 organization, and ongoing activities.
686	686	13 2. The Commission may accept any and all appropriate
687	687	14 revenue sources, donations, and grants of money,
688	688	15 equipment, supplies, materials, and services.
689	689	16 3. The Commission may levy on and collect an annual
690	690	17 assessment from each member state or impose fees on other
691	691	18 parties to cover the cost of the operations and activities
692	692	19 of the Commission and its staff, which must be in a total
693	693	20 amount sufficient to cover its annual budget as approved
694	694	21 each year for which revenue is not provided by other
695	695	22 sources. The aggregate annual assessment amount shall be
696	696	23 allocated based upon a formula to be determined by the
697	697	24 Commission, which shall promulgate a rule binding upon all
698	698	25 member states.
699	699	26 4. The Commission shall not incur obligations of any
700	700
701	701
702	702
703	703
704	704
705	705	HB3420 - 19 - LRB104 09723 AAS 19789 b
706	706
707	707
708	708	HB3420- 20 -LRB104 09723 AAS 19789 b HB3420 - 20 - LRB104 09723 AAS 19789 b
709	709	HB3420 - 20 - LRB104 09723 AAS 19789 b
710	710	1 kind prior to securing the funds adequate to meet the
711	711	2 same; nor shall the Commission pledge the credit of any of
712	712	3 the member states, except by and with the authority of the
713	713	4 member state.
714	714	5 5. The Commission shall keep accurate accounts of all
715	715	6 receipts and disbursements. The receipts and disbursements
716	716	7 of the Commission shall be subject to the audit and
717	717	8 accounting procedures established under its bylaws.
718	718	9 However, all receipts and disbursements of funds handled
719	719	10 by the Commission shall be audited yearly by a certified
720	720	11 or licensed public accountant, and the report of the audit
721	721	12 shall be included in and become part of the annual report
722	722	13 of the Commission.
723	723	14 G. Qualified Immunity, Defense, and Indemnification
724	724	15 1. The members, officers, executive director,
725	725	16 employees and representatives of the Commission shall be
726	726	17 immune from suit and liability, either personally or in
727	727	18 their official capacity, for any claim for damage to or
728	728	19 loss of property or personal injury or other civil
729	729	20 liability caused by or arising out of any actual or
730	730	21 alleged act, error or omission that occurred, or that the
731	731	22 person against whom the claim is made had a reasonable
732	732	23 basis for believing occurred within the scope of
733	733	24 Commission employment, duties or responsibilities;
734	734	25 provided that nothing in this paragraph shall be construed
735	735	26 to protect any such person from suit and/or liability for
736	736
737	737
738	738
739	739
740	740
741	741	HB3420 - 20 - LRB104 09723 AAS 19789 b
742	742
743	743
744	744	HB3420- 21 -LRB104 09723 AAS 19789 b HB3420 - 21 - LRB104 09723 AAS 19789 b
745	745	HB3420 - 21 - LRB104 09723 AAS 19789 b
746	746	1 any damage, loss, injury, or liability caused by the
747	747	2 intentional or willful or wanton misconduct of that
748	748	3 person.
749	749	4 2. The Commission shall defend any member, officer,
750	750	5 executive director, employee or representative of the
751	751	6 Commission in any civil action seeking to impose liability
752	752	7 arising out of any actual or alleged act, error, or
753	753	8 omission that occurred within the scope of Commission
754	754	9 employment, duties, or responsibilities, or that the
755	755	10 person against whom the claim is made had a reasonable
756	756	11 basis for believing occurred within the scope of
757	757	12 Commission employment, duties, or responsibilities;
758	758	13 provided that nothing herein shall be construed to
759	759	14 prohibit that person from retaining his or her own
760	760	15 counsel; and provided further, that the actual or alleged
761	761	16 act, error, or omission did not result from that person's
762	762	17 intentional or willful or wanton misconduct.
763	763	18 3. The Commission shall indemnify and hold harmless
764	764	19 any member, officer, executive director, employee, or
765	765	20 representative of the Commission for the amount of any
766	766	21 settlement or judgment obtained against that person
767	767	22 arising out of any actual or alleged act, error or
768	768	23 omission that occurred within the scope of Commission
769	769	24 employment, duties, or responsibilities, or that such
770	770	25 person had a reasonable basis for believing occurred
771	771	26 within the scope of Commission employment, duties, or
772	772
773	773
774	774
775	775
776	776
777	777	HB3420 - 21 - LRB104 09723 AAS 19789 b
778	778
779	779
780	780	HB3420- 22 -LRB104 09723 AAS 19789 b HB3420 - 22 - LRB104 09723 AAS 19789 b
781	781	HB3420 - 22 - LRB104 09723 AAS 19789 b
782	782	1 responsibilities, provided that the actual or alleged act,
783	783	2 error, or omission did not result from the intentional or
784	784	3 willful or wanton misconduct of that person.
785	785	4 SECTION 8. DATA SYSTEM
786	786	5 A. The Commission shall provide for the development,
787	787	6 maintenance, and utilization of a coordinated database and
788	788	7 reporting system containing licensure, adverse action, and
789	789	8 investigative information on all licensed individuals in
790	790	9 member states.
791	791	10 B. Notwithstanding any other provision of state law to the
792	792	11 contrary, a member state shall submit a uniform data set to the
793	793	12 data system on all individuals to whom this Compact is
794	794	13 applicable as required by the rules of the Commission,
795	795	14 including:
796	796	15 1. Identifying information;
797	797	16 2. Licensure data;
798	798	17 3. Adverse actions against a license or compact
799	799	18 privilege;
800	800	19 4. Non-confidential information related to alternative
801	801	20 program participation;
802	802	21 5. Any denial of application for licensure, and the
803	803	22 reason(s) for such denial; and
804	804	23 6. Other information that may facilitate the
805	805	24 administration of this Compact, as determined by the rules
806	806	25 of the Commission.
807	807
808	808
809	809
810	810
811	811
812	812	HB3420 - 22 - LRB104 09723 AAS 19789 b
813	813
814	814
815	815	HB3420- 23 -LRB104 09723 AAS 19789 b HB3420 - 23 - LRB104 09723 AAS 19789 b
816	816	HB3420 - 23 - LRB104 09723 AAS 19789 b
817	817	1 C. Investigative information pertaining to a licensee in
818	818	2 any member state will only be available to other party states.
819	819	3 D. The Commission shall promptly notify all member states
820	820	4 of any adverse action taken against a licensee or an
821	821	5 individual applying for a license. Adverse action information
822	822	6 pertaining to a licensee in any member state will be available
823	823	7 to any other member state.
824	824	8 E. Member states contributing information to the data
825	825	9 system may designate information that may not be shared with
826	826	10 the public without the express permission of the contributing
827	827	11 state.
828	828	12 F. Any information submitted to the data system that is
829	829	13 subsequently required to be expunged by the laws of the member
830	830	14 state contributing the information shall be removed from the
831	831	15 data system.
832	832	16 SECTION 9. RULEMAKING
833	833	17 A. The Commission shall exercise its rulemaking powers
834	834	18 pursuant to the criteria set forth in this Section and the
835	835	19 rules adopted thereunder. Rules and amendments shall become
836	836	20 binding as of the date specified in each rule or amendment.
837	837	21 B. If a majority of the legislatures of the member states
838	838	22 rejects a rule, by enactment of a statute or resolution in the
839	839	23 same manner used to adopt the Compact within 4 years of the
840	840	24 date of adoption of the rule, then such rule shall have no
841	841	25 further force and effect in any member state.
842	842
843	843
844	844
845	845
846	846
847	847	HB3420 - 23 - LRB104 09723 AAS 19789 b
848	848
849	849
850	850	HB3420- 24 -LRB104 09723 AAS 19789 b HB3420 - 24 - LRB104 09723 AAS 19789 b
851	851	HB3420 - 24 - LRB104 09723 AAS 19789 b
852	852	1 C. Rules or amendments to the rules shall be adopted at a
853	853	2 regular or special meeting of the Commission.
854	854	3 D. Prior to promulgation and adoption of a final rule or
855	855	4 rules by the Commission, and at least thirty (30) days in
856	856	5 advance of the meeting at which the rule will be considered and
857	857	6 voted upon, the Commission shall file a Notice of Proposed
858	858	7 Rulemaking:
859	859	8 1. On the website of the Commission or other publicly
860	860	9 accessible platform; and
861	861	10 2. On the website of each member state physical
862	862	11 therapy licensing board or other publicly accessible
863	863	12 platform or the publication in which each state would
864	864	13 otherwise publish proposed rules.
865	865	14 E. The Notice of Proposed Rulemaking shall include:
866	866	15 1. The proposed time, date, and location of the
867	867	16 meeting in which the rule will be considered and voted
868	868	17 upon;
869	869	18 2. The text of the proposed rule or amendment and the
870	870	19 reason for the proposed rule;
871	871	20 3. A request for comments on the proposed rule from
872	872	21 any interested person; and
873	873	22 4. The manner in which interested persons may submit
874	874	23 notice to the Commission of their intention to attend the
875	875	24 public hearing and any written comments.
876	876	25 F. Prior to adoption of a proposed rule, the Commission
877	877	26 shall allow persons to submit written data, facts, opinions,
878	878
879	879
880	880
881	881
882	882
883	883	HB3420 - 24 - LRB104 09723 AAS 19789 b
884	884
885	885
886	886	HB3420- 25 -LRB104 09723 AAS 19789 b HB3420 - 25 - LRB104 09723 AAS 19789 b
887	887	HB3420 - 25 - LRB104 09723 AAS 19789 b
888	888	1 and arguments, which shall be made available to the public.
889	889	2 G. The Commission shall grant an opportunity for a public
890	890	3 hearing before it adopts a rule or amendment if a hearing is
891	891	4 requested by:
892	892	5 1. At least twenty-five (25) persons;
893	893	6 2. A state or federal governmental subdivision or
894	894	7 agency; or
895	895	8 3. An association having at least twenty-five (25)
896	896	9 members.
897	897	10 H. If a hearing is held on the proposed rule or amendment,
898	898	11 the Commission shall publish the place, time, and date of the
899	899	12 scheduled public hearing. If the hearing is held via
900	900	13 electronic means, the Commission shall publish the mechanism
901	901	14 for access to the electronic hearing.
902	902	15 1. All persons wishing to be heard at the hearing
903	903	16 shall notify the executive director of the Commission or
904	904	17 other designated member in writing of their desire to
905	905	18 appear and testify at the hearing not less than five (5)
906	906	19 business days before the scheduled date of the hearing.
907	907	20 2. Hearings shall be conducted in a manner providing
908	908	21 each person who wishes to comment a fair and reasonable
909	909	22 opportunity to comment orally or in writing.
910	910	23 3. All hearings will be recorded. A copy of the
911	911	24 recording will be made available on request.
912	912	25 4. Nothing in this section shall be construed as
913	913	26 requiring a separate hearing on each rule. Rules may be
914	914
915	915
916	916
917	917
918	918
919	919	HB3420 - 25 - LRB104 09723 AAS 19789 b
920	920
921	921
922	922	HB3420- 26 -LRB104 09723 AAS 19789 b HB3420 - 26 - LRB104 09723 AAS 19789 b
923	923	HB3420 - 26 - LRB104 09723 AAS 19789 b
924	924	1 grouped for the convenience of the Commission at hearings
925	925	2 required by this Section.
926	926	3 I. Following the scheduled hearing date, or by the close
927	927	4 of business on the scheduled hearing date if the hearing was
928	928	5 not held, the Commission shall consider all written and oral
929	929	6 comments received.
930	930	7 J. If no written notice of intent to attend the public
931	931	8 hearing by interested parties is received, the Commission may
932	932	9 proceed with promulgation of the proposed rule without a
933	933	10 public hearing.
934	934	11 K. The Commission shall, by majority vote of all members,
935	935	12 take final action on the proposed rule and shall determine the
936	936	13 effective date of the rule, if any, based on the rulemaking
937	937	14 record and the full text of the rule.
938	938	15 L. Upon determination that an emergency exists, the
939	939	16 Commission may consider and adopt an emergency rule without
940	940	17 prior notice, opportunity for comment, or hearing, provided
941	941	18 that the usual rulemaking procedures provided in the Compact
942	942	19 and in this section shall be retroactively applied to the rule
943	943	20 as soon as reasonably possible, in no event later than ninety
944	944	21 (90) days after the effective date of the rule. For the
945	945	22 purposes of this provision, an emergency rule is one that must
946	946	23 be adopted immediately in order to:
947	947	24 1. Meet an imminent threat to public health, safety,
948	948	25 or welfare;
949	949	26 2. Prevent a loss of Commission or member state funds;
950	950
951	951
952	952
953	953
954	954
955	955	HB3420 - 26 - LRB104 09723 AAS 19789 b
956	956
957	957
958	958	HB3420- 27 -LRB104 09723 AAS 19789 b HB3420 - 27 - LRB104 09723 AAS 19789 b
959	959	HB3420 - 27 - LRB104 09723 AAS 19789 b
960	960	1 3. Meet a deadline for the promulgation of an
961	961	2 administrative rule that is established by federal law or
962	962	3 rule; or
963	963	4 4. Protect public health and safety.
964	964	5 M. The Commission or an authorized committee of the
965	965	6 Commission may direct revisions to a previously adopted rule
966	966	7 or amendment for purposes of correcting typographical errors,
967	967	8 errors in format, errors in consistency, or grammatical
968	968	9 errors. Public notice of any revisions shall be posted on the
969	969	10 website of the Commission. The revision shall be subject to
970	970	11 challenge by any person for a period of thirty (30) days after
971	971	12 posting. The revision may be challenged only on grounds that
972	972	13 the revision results in a material change to a rule. A
973	973	14 challenge shall be made in writing, and delivered to the chair
974	974	15 of the Commission prior to the end of the notice period. If no
975	975	16 challenge is made, the revision will take effect without
976	976	17 further action. If the revision is challenged, the revision
977	977	18 may not take effect without the approval of the Commission.
978	978	19 SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
979	979	20 A. Oversight
980	980	21 1. The executive, legislative, and judicial branches
981	981	22 of state government in each member state shall enforce
982	982	23 this Compact and take all actions necessary and
983	983	24 appropriate to effectuate the Compact's purposes and
984	984	25 intent. The provisions of this Compact and the rules
985	985
986	986
987	987
988	988
989	989
990	990	HB3420 - 27 - LRB104 09723 AAS 19789 b
991	991
992	992
993	993	HB3420- 28 -LRB104 09723 AAS 19789 b HB3420 - 28 - LRB104 09723 AAS 19789 b
994	994	HB3420 - 28 - LRB104 09723 AAS 19789 b
995	995	1 promulgated hereunder shall have standing as statutory
996	996	2 law.
997	997	3 2. All courts shall take judicial notice of the
998	998	4 Compact and the rules in any judicial or administrative
999	999	5 proceeding in a member state pertaining to the subject
1000	1000	6 matter of this Compact which may affect the powers,
1001	1001	7 responsibilities or actions of the Commission.
1002	1002	8 3. The Commission shall be entitled to receive service
1003	1003	9 of process in any such proceeding, and shall have standing
1004	1004	10 to intervene in such a proceeding for all purposes.
1005	1005	11 Failure to provide service of process to the Commission
1006	1006	12 shall render a judgment or order void as to the
1007	1007	13 Commission, this Compact, or promulgated rules.
1008	1008	14 B. Default, Technical Assistance, and Termination
1009	1009	15 1. If the Commission determines that a member state
1010	1010	16 has defaulted in the performance of its obligations or
1011	1011	17 responsibilities under this Compact or the promulgated
1012	1012	18 rules, the Commission shall:
1013	1013	19 a. Provide written notice to the defaulting state
1014	1014	20 and other member states of the nature of the default,
1015	1015	21 the proposed means of curing the default and/or any
1016	1016	22 other action to be taken by the Commission; and
1017	1017	23 b. Provide remedial training and specific
1018	1018	24 technical assistance regarding the default.
1019	1019	25 2. If a state in default fails to cure the default, the
1020	1020	26 defaulting state may be terminated from the Compact upon
1021	1021
1022	1022
1023	1023
1024	1024
1025	1025
1026	1026	HB3420 - 28 - LRB104 09723 AAS 19789 b
1027	1027
1028	1028
1029	1029	HB3420- 29 -LRB104 09723 AAS 19789 b HB3420 - 29 - LRB104 09723 AAS 19789 b
1030	1030	HB3420 - 29 - LRB104 09723 AAS 19789 b
1031	1031	1 an affirmative vote of a majority of the member states,
1032	1032	2 and all rights, privileges and benefits conferred by this
1033	1033	3 Compact may be terminated on the effective date of
1034	1034	4 termination. A cure of the default does not relieve the
1035	1035	5 offending state of obligations or liabilities incurred
1036	1036	6 during the period of default.
1037	1037	7 3. Termination of membership in the Compact shall be
1038	1038	8 imposed only after all other means of securing compliance
1039	1039	9 have been exhausted. Notice of intent to suspend or
1040	1040	10 terminate shall be given by the Commission to the
1041	1041	11 governor, the majority and minority leaders of the
1042	1042	12 defaulting state's legislature, and each of the member
1043	1043	13 states.
1044	1044	14 4. A state that has been terminated is responsible for
1045	1045	15 all assessments, obligations, and liabilities incurred
1046	1046	16 through the effective date of termination, including
1047	1047	17 obligations that extend beyond the effective date of
1048	1048	18 termination.
1049	1049	19 5. The Commission shall not bear any costs related to
1050	1050	20 a state that is found to be in default or that has been
1051	1051	21 terminated from the Compact, unless agreed upon in writing
1052	1052	22 between the Commission and the defaulting state.
1053	1053	23 6. The defaulting state may appeal the action of the
1054	1054	24 Commission by petitioning the U.S. District Court for the
1055	1055	25 District of Columbia or the federal district where the
1056	1056	26 Commission has its principal offices. The prevailing
1057	1057
1058	1058
1059	1059
1060	1060
1061	1061
1062	1062	HB3420 - 29 - LRB104 09723 AAS 19789 b
1063	1063
1064	1064
1065	1065	HB3420- 30 -LRB104 09723 AAS 19789 b HB3420 - 30 - LRB104 09723 AAS 19789 b
1066	1066	HB3420 - 30 - LRB104 09723 AAS 19789 b
1067	1067	1 member shall be awarded all costs of such litigation,
1068	1068	2 including reasonable attorney's fees.
1069	1069	3 C. Dispute Resolution
1070	1070	4 1. Upon request by a member state, the Commission
1071	1071	5 shall attempt to resolve disputes related to the Compact
1072	1072	6 that arise among member states and between member and
1073	1073	7 non-member states.
1074	1074	8 2. The Commission shall promulgate a rule providing
1075	1075	9 for both mediation and binding dispute resolution for
1076	1076	10 disputes as appropriate.
1077	1077	11 D. Enforcement
1078	1078	12 1. The Commission, in the reasonable exercise of its
1079	1079	13 discretion, shall enforce the provisions and rules of this
1080	1080	14 Compact.
1081	1081	15 2. By majority vote, the Commission may initiate legal
1082	1082	16 action in the United States District Court for the
1083	1083	17 District of Columbia or the federal district where the
1084	1084	18 Commission has its principal offices against a member
1085	1085	19 state in default to enforce compliance with the provisions
1086	1086	20 of the Compact and its promulgated rules and bylaws. The
1087	1087	21 relief sought may include both injunctive relief and
1088	1088	22 damages. In the event judicial enforcement is necessary,
1089	1089	23 the prevailing member shall be awarded all costs of such
1090	1090	24 litigation, including reasonable attorney's fees.
1091	1091	25 3. The remedies herein shall not be the exclusive
1092	1092	26 remedies of the Commission. The Commission may pursue any
1093	1093
1094	1094
1095	1095
1096	1096
1097	1097
1098	1098	HB3420 - 30 - LRB104 09723 AAS 19789 b
1099	1099
1100	1100
1101	1101	HB3420- 31 -LRB104 09723 AAS 19789 b HB3420 - 31 - LRB104 09723 AAS 19789 b
1102	1102	HB3420 - 31 - LRB104 09723 AAS 19789 b
1103	1103	1 other remedies available under federal or state law.
1104	1104	2 SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE
1105	1105	3 COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,
1106	1106	4 WITHDRAWAL, AND AMENDMENT
1107	1107	5 A. The Compact shall come into effect on the date on which
1108	1108	6 the Compact statute is enacted into law in the tenth member
1109	1109	7 state. The provisions, which become effective at that time,
1110	1110	8 shall be limited to the powers granted to the Commission
1111	1111	9 relating to assembly and the promulgation of rules.
1112	1112	10 Thereafter, the Commission shall meet and exercise rulemaking
1113	1113	11 powers necessary to the implementation and administration of
1114	1114	12 the Compact.
1115	1115	13 B. Any state that joins the Compact subsequent to the
1116	1116	14 Commission's initial adoption of the rules shall be subject to
1117	1117	15 the rules as they exist on the date on which the Compact
1118	1118	16 becomes law in that state. Any rule that has been previously
1119	1119	17 adopted by the Commission shall have the full force and effect
1120	1120	18 of law on the day the Compact becomes law in that state.
1121	1121	19 C. Any member state may withdraw from this Compact by
1122	1122	20 enacting a statute repealing the same.
1123	1123	21 1. A member state's withdrawal shall not take effect
1124	1124	22 until six (6) months after enactment of the repealing
1125	1125	23 statute.
1126	1126	24 2. Withdrawal shall not affect the continuing
1127	1127	25 requirement of the withdrawing state's physical therapy
1128	1128
1129	1129
1130	1130
1131	1131
1132	1132
1133	1133	HB3420 - 31 - LRB104 09723 AAS 19789 b
1134	1134
1135	1135
1136	1136	HB3420- 32 -LRB104 09723 AAS 19789 b HB3420 - 32 - LRB104 09723 AAS 19789 b
1137	1137	HB3420 - 32 - LRB104 09723 AAS 19789 b
1138	1138	1 licensing board to comply with the investigative and
1139	1139	2 adverse action reporting requirements of this act prior to
1140	1140	3 the effective date of withdrawal.
1141	1141	4 D. Nothing contained in this Compact shall be construed to
1142	1142	5 invalidate or prevent any physical therapy licensure agreement
1143	1143	6 or other cooperative arrangement between a member state and a
1144	1144	7 non-member state that does not conflict with the provisions of
1145	1145	8 this Compact.
1146	1146	9 E. This Compact may be amended by the member states. No
1147	1147	10 amendment to this Compact shall become effective and binding
1148	1148	11 upon any member state until it is enacted into the laws of all
1149	1149	12 member states.
1150	1150	13 SECTION 12. CONSTRUCTION AND SEVERABILITY
1151	1151	14 This Compact shall be liberally construed so as to
1152	1152	15 effectuate the purposes thereof. The provisions of this
1153	1153	16 Compact shall be severable and if any phrase, clause, sentence
1154	1154	17 or provision of this Compact is declared to be contrary to the
1155	1155	18 constitution of any party state or of the United States or the
1156	1156	19 applicability thereof to any government, agency, person or
1157	1157	20 circumstance is held invalid, the validity of the remainder of
1158	1158	21 this Compact and the applicability thereof to any government,
1159	1159	22 agency, person or circumstance shall not be affected thereby.
1160	1160	23 If this Compact shall be held contrary to the constitution of
1161	1161	24 any party state, the Compact shall remain in full force and
1162	1162	25 effect as to the remaining party states and in full force and
1163	1163
1164	1164
1165	1165
1166	1166
1167	1167
1168	1168	HB3420 - 32 - LRB104 09723 AAS 19789 b
1169	1169
1170	1170
1171	1171	HB3420- 33 -LRB104 09723 AAS 19789 b HB3420 - 33 - LRB104 09723 AAS 19789 b
1172	1172	HB3420 - 33 - LRB104 09723 AAS 19789 b
1173	1173
1174	1174
1175	1175
1176	1176
1177	1177
1178	1178	HB3420 - 33 - LRB104 09723 AAS 19789 b