Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2233 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 3406 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2233
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adrian C. Madaro
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing a physical therapy licensure compact.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Adrian C. Madaro1st Suffolk1/20/2023 1 of 28
16	16	HOUSE DOCKET, NO. 3406 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2233
18	18	By Representative Madaro of Boston, a petition (accompanied by bill, House, No. 2233) of
19	19	Adrian C. Madaro for legislation to establish a physical therapy licensure compact. Public
20	20	Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2359 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act establishing a physical therapy licensure compact.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. The General Laws, as appearing in the 2016 Official Edition, are hereby
32	32	2amended by inserting after chapter 112 the following new chapter:-
33	33	3 CHAPTER 112A PHYSICAL THERAPY LICENSURE COMPACT
34	34	4 Section 1. PURPOSE
35	35	5 The purpose of this Compact is to facilitate interstate practice of physical therapy with
36	36	6the goal of improving public access to physical therapy services. The practice of physical
37	37	7therapy occurs in the state where the patient/client is located at the time of the patient/client
38	38	8encounter. The Compact preserves the regulatory authority of states to protect public health and
39	39	9safety through the current system of state licensure. 2 of 28
40	40	10 This Compact is designed to achieve the following objectives:
41	41	11 1. Increase public access to physical therapy services by providing for the mutual
42	42	12recognition of other member state licenses;
43	43	13 2. Enhance the states’ ability to protect the public’s health and safety;
44	44	14 3. Encourage the cooperation of member states in regulating multi-state physical
45	45	15therapy practice;
46	46	16 4. Support spouses of relocating military members;
47	47	17 5. Enhance the exchange of licensure, investigative, and disciplinary information
48	48	18between member states; and
49	49	19 6. Allow a remote state to hold a provider of services with a compact privilege in
50	50	20that state accountable to that state’s practice standards.
51	51	21 Section 2. DEFINITIONS
52	52	22 As used in this Compact, and except as otherwise provided, the following definitions
53	53	23shall apply:
54	54	24 1. “Active Duty Military” means full-time duty status in the active uniformed
55	55	25service of the United States, including members of the National Guard and Reserve on active
56	56	26duty orders pursuant to 10 U.S.C. Section 1209 and 1211.
57	57	27 2. “Adverse Action” means disciplinary action taken by a physical therapy licensing
58	58	28board based upon misconduct, unacceptable performance, or a combination of both. 3 of 28
59	59	29 3. “Alternative Program” means a non-disciplinary monitoring or practice
60	60	30remediation process approved by a physical therapy licensing board. This includes, but is not
61	61	31limited to, substance abuse issues.
62	62	32 4. “Compact privilege” means the authorization granted by a remote state to allow a
63	63	33licensee from another member state to practice as a physical therapist or work as a physical
64	64	34therapist assistant in the remote state under its laws and rules. The practice of physical therapy
65	65	35occurs in the member state where the patient/client is located at the time of the patient/client
66	66	36encounter.
67	67	37 5. “Continuing competence” means a requirement, as a condition of license
68	68	38renewal, to provide evidence of participation in, and/or completion of, educational and
69	69	39professional activities relevant to practice or area of work.
70	70	40 6. “Data system” means a repository of information about licensees, including
71	71	41examination, licensure, investigative, compact privilege, and adverse action.
72	72	42 7. “Encumbered license” means a license that a physical therapy licensing board has
73	73	43limited in any way.
74	74	44 8. “Executive Board” means a group of directors elected or appointed to act on
75	75	45behalf of, and within the powers granted to them by, the Commission.
76	76	46 9. “Home state” means the member state that is the licensee’s primary state of
77	77	47residence.
78	78	48 10.“Investigative information” means information, records, and documents received
79	79	49or generated by a physical therapy licensing board pursuant to an investigation. 4 of 28
80	80	50 11.“Jurisprudence Requirement” means the assessment of an individual’s knowledge
81	81	51of the laws and rules governing the practice of physical therapy in a state.
82	82	52 12.“Licensee” means an individual who currently holds an authorization from the
83	83	53state to practice as a physical therapist or to work as a physical therapist assistant.
84	84	54 13.“Member state” means a state that has enacted the Compact.
85	85	55 14.“Party state” means any member state in which a licensee holds a current license
86	86	56or compact privilege or is applying for a license or compact privilege.
87	87	57 15.“Physical therapist” means an individual who is licensed by a state to practice
88	88	58physical therapy.
89	89	59 16.“Physical therapist assistant” means an individual who is licensed/certified by a
90	90	60state and who assists the physical therapist in selected components of physical therapy.
91	91	61 17.“Physical therapy,” “physical therapy practice,” and “the practice of physical
92	92	62therapy” mean the care and services provided by or under the direction and supervision of a
93	93	63licensed physical therapist.
94	94	64 18.“Physical Therapy Compact Commission” or “Commission” means the national
95	95	65administrative body whose membership consists of all states that have enacted the Compact.
96	96	66 19.“Physical therapy licensing board” or “licensing board” means the agency of a
97	97	67state that is responsible for the licensing and regulation of physical therapists and physical
98	98	68therapist assistants. 5 of 28
99	99	69 20. “Remote State” means a member state other than the home state, where a
100	100	70licensee is exercising or seeking to exercise the compact privilege.
101	101	71 21.“Rule” means a regulation, principle, or directive promulgated by the
102	102	72Commission that has the force of law.
103	103	73 22. “State” means any state, commonwealth, district, or territory of the United States
104	104	74of America that regulates the practice of physical therapy.
105	105	75 Section 3. STATE PARTICIPATION IN THE COMPACT
106	106	76 A. To participate in the Compact, a state must:
107	107	77 1. Participate fully in the Commission’s data system, including using the
108	108	78Commission’s unique identifier as defined in rules;
109	109	79 2. Have a mechanism in place for receiving and investigating complaints about
110	110	80licensees;
111	111	81 3. Notify the Commission, in compliance with the terms of the Compact and rules,
112	112	82of any adverse action or the availability of investigative information regarding a licensee;
113	113	83 4. Fully implement a criminal background check requirement, within a time frame
114	114	84established by rule, by receiving the results of the Federal Bureau of Investigation record search
115	115	85on criminal background checks and use the results in making licensure decisions in accordance
116	116	86with Section 3.B.;
117	117	87 5. Comply with the rules of the Commission; 6 of 28
118	118	88 6. Utilize a recognized national examination as a requirement for licensure pursuant
119	119	89to the rules of the Commission; and
120	120	90 7. Have continuing competence requirements as a condition for license renewal.
121	121	91 B. Upon adoption of this statute, the member state shall have the authority to obtain
122	122	92biometric-based information from each physical therapy licensure applicant and submit this
123	123	93information to the Federal Bureau of Investigation for a criminal background check in
124	124	94accordance with 28 U.S.C. §534 and 42 U.S.C. §14616.
125	125	95 C. A member state shall grant the compact privilege to a licensee holding a valid
126	126	96unencumbered license in another member state in accordance with the terms of the Compact and
127	127	97rules.
128	128	98 D. Member states may charge a fee for granting a compact privilege
129	129	99 Section 4. COMPACT PRIVILEGE
130	130	100 A. To exercise the compact privilege under the terms and provisions of the Compact,
131	131	101the licensee shall:
132	132	102 1. Hold a license in the home state;
133	133	103 2. Have no encumbrance on any state license;
134	134	104 3. Be eligible for a compact privilege in any member state in accordance
135	135	105with Section 4D, G and H;
136	136	106 4. Have not had any adverse action against any license or compact privilege within
137	137	107the previous 2 years; 7 of 28
138	138	108 5. Notify the Commission that the licensee is seeking the compact privilege within a
139	139	109remote state(s);
140	140	110 6. Pay any applicable fees, including any state fee, for the compact privilege;
141	141	111 7. Meet any jurisprudence requirements established by the remote state(s) in which
142	142	112the licensee is seeking a compact privilege; and
143	143	113 8. Report to the Commission adverse action taken by any non-member state within
144	144	11430 days from the date the adverse action is taken.
145	145	115 B. The compact privilege is valid until the expiration date of the home license. The
146	146	116licensee must comply with the requirements of Section 4.A. to maintain the compact privilege in
147	147	117the remote state.
148	148	118 C. A licensee providing physical therapy in a remote state under the compact
149	149	119privilege shall function within the laws and regulations of the remote state.
150	150	120 D. A licensee providing physical therapy in a remote state is subject to that state’s
151	151	121regulatory authority. A remote state may, in accordance with due process and that state’s laws,
152	152	122remove a licensee’s compact privilege in the remote state for a specific period of time, impose
153	153	123fines, and/or take any other necessary actions to protect the health and safety of its citizens. The
154	154	124licensee is not eligible for a compact privilege in any state until the specific time for removal has
155	155	125passed and all fines are paid.
156	156	126 E. If a home state license is encumbered, the licensee shall lose the compact
157	157	127privilege in any remote state until the following occur:
158	158	128 1. The home state license is no longer encumbered; and 8 of 28
159	159	129 2. Two years have elapsed from the date of the adverse action.
160	160	130 F. Once an encumbered license in the home state is restored to good standing, the
161	161	131licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote
162	162	132state.
163	163	133 G. If a licensee’s compact privilege in any remote state is removed, the individual
164	164	134shall lose the compact privilege in any remote state until the following occur:
165	165	135 1. The specific period of time for which the compact privilege was removed has
166	166	136ended;
167	167	137 2. All fines have been paid; and
168	168	138 3. Two years have elapsed from the date of the adverse action.
169	169	139 H. Once the requirements of Section 4G have been met, the license must meet the
170	170	140requirements in Section 4A to obtain a compact privilege in a remote state.
171	171	141 Section 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
172	172	142 A licensee who is active duty military or is the spouse of an individual who is active duty
173	173	143military may designate one of the following as the home state:
174	174	144 A. Home of record;
175	175	145 B. Permanent Change of Station (PCS); or
176	176	146 C. State of current residence if it is different than the PCS state or home of record.
177	177	147 Section 6. ADVERSE ACTIONS 9 of 28
178	178	148 A. A home state shall have exclusive power to impose adverse action against a
179	179	149license issued by the home state.
180	180	150 B. A home state may take adverse action based on the investigative information of a
181	181	151remote state, so long as the home state follows its own procedures for imposing adverse action.
182	182	152 C. Nothing in this Compact shall override a member state’s decision that
183	183	153participation in an alternative program may be used in lieu of adverse action and that such
184	184	154participation shall remain non-public if required by the member state’s laws. Member states must
185	185	155require licensees who enter any alternative programs in lieu of discipline to agree not to practice
186	186	156in any other member state during the term of the alternative program without prior authorization
187	187	157from such other member state.
188	188	158 D. Any member state may investigate actual or alleged violations of the statutes and
189	189	159rules authorizing the practice of physical therapy in any other member state in which a physical
190	190	160therapist or physical therapist assistant holds a license or compact privilege.
191	191	161 E. A remote state shall have the authority to:
192	192	162 1. Take adverse actions as set forth in Section 4.D. against a licensee’s compact
193	193	163privilege in the state;
194	194	164 2. Issue subpoenas for both hearings and investigations that require the attendance
195	195	165and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical
196	196	166therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the
197	197	167production of evidence from another party state, shall be enforced in the latter state by any court
198	198	168of competent jurisdiction, according to the practice and procedure of that court applicable to 10 of 28
199	199	169subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness
200	200	170fees, travel expenses, mileage, and other fees required by the service statutes of the state where
201	201	171the witnesses and/or evidence are located; and
202	202	172 3. If otherwise permitted by state law, recover from the licensee the costs of
203	203	173investigations and disposition of cases resulting from any adverse action taken against that
204	204	174licensee.
205	205	175 F. Joint Investigations
206	206	176 1. In addition to the authority granted to a member state by its respective physical
207	207	177therapy practice act or other applicable state law, a member state may participate with other
208	208	178member states in joint investigations of licensees.
209	209	179 2. Member states shall share any investigative, litigation, or compliance materials in
210	210	180furtherance of any joint or individual investigation initiated under the Compact.
211	211	181 Section 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
212	212	182COMMISSION.
213	213	183 A. The Compact member states hereby create and establish a joint public agency
214	214	184known as the Physical Therapy Compact Commission:
215	215	185 1. The Commission is an instrumentality of the Compact states.
216	216	186 2. Venue is proper and judicial proceedings by or against the Commission shall be
217	217	187brought solely and exclusively in a court of competent jurisdiction where the principal office of
218	218	188the Commission is located. The Commission may waive venue and jurisdictional defenses to the
219	219	189extent it adopts or consents to participate in alternative dispute resolution proceedings. 11 of 28
220	220	190 3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
221	221	191 B. Membership, Voting, and Meetings
222	222	192 1. Each member state shall have and be limited to one (1) delegate selected by that
223	223	193member state’s licensing board.
224	224	194 2. The delegate shall be a current member of the licensing board, who is a physical
225	225	195therapist, physical therapist assistant, public member, or the board administrator.
226	226	196 3. Any delegate may be removed or suspended from office as provided by the law of
227	227	197the state from which the delegate is appointed.
228	228	198 4. The member state board shall fill any vacancy occurring in the Commission.
229	229	199 5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of
230	230	200rules and creation of bylaws and shall otherwise have an opportunity to participate in the
231	231	201business and affairs of the Commission.
232	232	202 6. A delegate shall vote in person or by such other means as provided in the bylaws.
233	233	203The bylaws may provide for delegates’ participation in meetings by telephone or other means of
234	234	204communication.
235	235	205 7. The Commission shall meet at least once during each calendar year. Additional
236	236	206meetings shall be held as set forth in the bylaws.
237	237	207 C. The Commission shall have the following powers and duties:
238	238	208 1. Establish the fiscal year of the Commission; 12 of 28
239	239	209 2. Establish bylaws;
240	240	210 3. Maintain its financial records in accordance with the bylaws;
241	241	211 4. Meet and take such actions as are consistent with the provisions of this Compact
242	242	212and the bylaws;
243	243	213 5. Promulgate uniform rules to facilitate and coordinate implementation and
244	244	214administration of this Compact. The rules shall have the force and effect of law and shall be
245	245	215binding in all member states;
246	246	216 6. Bring and prosecute legal proceedings or actions in the name of the Commission,
247	247	217provided that the standing of any state physical therapy licensing board to sue or be sued under
248	248	218applicable law shall not be affected;
249	249	219 7. Purchase and maintain insurance and bonds;
250	250	220 8. Borrow, accept, or contract for services of personnel, including, but not limited to,
251	251	221employees of a member state;
252	252	222 9. Hire employees, elect or appoint officers, fix compensation, define duties, grant
253	253	223such individuals appropriate authority to carry out the purposes of the Compact, and to establish
254	254	224the Commission’s personnel policies and programs relating to conflicts of interest, qualifications
255	255	225of personnel, and other related personnel matters;
256	256	226 10.Accept any and all appropriate donations and grants of money, equipment,
257	257	227supplies, materials and services, and to receive, utilize and dispose of the same; provided that at
258	258	228all times the Commission shall avoid any appearance of impropriety and/or conflict of interest; 13 of 28
259	259	229 11.Lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
260	260	230hold, improve or use, any property, real, personal or mixed; provided that at all times the
261	261	231Commission shall avoid any appearance of impropriety;
262	262	232 12.Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
263	263	233any property real, personal, or mixed;
264	264	234 13.Establish a budget and make expenditures;
265	265	235 14.Borrow money;
266	266	236 15.Appoint committees, including standing committees composed of members, state
267	267	237regulators, state legislators or their representatives, and consumer representatives, and such other
268	268	238interested persons as may be designated in this Compact and the bylaws;
269	269	239 16.Provide and receive information from, and cooperate with, law enforcement
270	270	240agencies;
271	271	241 17.Establish and elect an Executive Board; and
272	272	242 18.Perform such other functions as may be necessary or appropriate to achieve the
273	273	243purposes of this Compact consistent with the state regulation of physical therapy licensure and
274	274	244practice.
275	275	245 D. The Executive Board
276	276	246 The Executive Board shall have the power to act on behalf of the Commission according
277	277	247to the terms of this Compact
278	278	248 1. The Executive Board shall be composed of nine members: 14 of 28
279	279	249 a. Seven voting members who are elected by the Commission from the current
280	280	250membership of the Commission;
281	281	251 b. One ex-officio, nonvoting member from the recognized national physical therapy
282	282	252professional association; and
283	283	253 c. One ex-officio, nonvoting member from the recognized membership organization
284	284	254of the physical therapy licensing boards.
285	285	255 2. The ex-officio members will be selected by their respective organizations.
286	286	256 3. The Commission may remove any member of the Executive Board as provided in
287	287	257bylaws.
288	288	258 4. The Executive Board shall meet at least annually.
289	289	259 5. The Executive Board shall have the following Duties and responsibilities:
290	290	260 a. Recommend to the entire Commission changes to the rules or bylaws, changes to
291	291	261this Compact legislation, fees paid by Compact member states such as annual dues, and any
292	292	262commission Compact fee charged to licensees for the compact privilege;
293	293	263 b. Ensure Compact administration services are appropriately provided, contractual
294	294	264or otherwise;
295	295	265 c. Prepare and recommend the budget;
296	296	266 d. Maintain financial records on behalf of the Commission; 15 of 28
297	297	267 e. Monitor Compact compliance of member states and provide compliance reports to
298	298	268the Commission;
299	299	269 f. Establish additional committees as necessary; and
300	300	270 g. Other duties as provided in rules or bylaws.
301	301	271 E. Meetings of the Commission
302	302	272 1. All meetings shall be open to the public, and public notice of meetings shall be
303	303	273given in the same manner as required under the rulemaking provisions in Section 9.
304	304	274 2. The Commission or the Executive Board or other committees of the Commission
305	305	275may convene in a closed, non-public meeting if the Commission or Executive Board or other
306	306	276committees of the Commission must discuss:
307	307	277 a. Non-compliance of a member state with its obligations under the Compact;
308	308	278 b. The employment, compensation, discipline or other matters, practices or
309	309	279procedures related to specific employees or other matters related to the Commission’s internal
310	310	280personnel practices and procedures;
311	311	281 c. Current, threatened, or reasonably anticipated litigation;
312	312	282 d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
313	313	283estate;
314	314	284 e. Accusing any person of a crime or formally censuring any person; 16 of 28
315	315	285 f. Disclosure of trade secrets or commercial or financial information that is
316	316	286privileged or confidential;
317	317	287 g. Disclosure of information of a personal nature where disclosure would constitute
318	318	288a clearly unwarranted invasion of personal privacy;
319	319	289 h. Disclosure of investigative records compiled for law enforcement purposes;
320	320	290 i. Disclosure of information related to any investigative reports prepared by or on
321	321	291behalf of or for use of the Commission or other committee charged with responsibility of
322	322	292investigation or determination of compliance issues pursuant to the Compact; or
323	323	293 j. Matters specifically exempted from disclosure by federal or member state statute.
324	324	294 3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
325	325	295Commission’s legal counsel or designee shall certify that the meeting may be closed and shall
326	326	296reference each relevant exempting provision.
327	327	297 4. The Commission shall keep minutes that fully and clearly describe all matters
328	328	298discussed in a meeting and shall provide a full and accurate summary of actions taken, and the
329	329	299reasons therefore, including a description of the views expressed. All documents considered in
330	330	300connection with an action shall be identified in such minutes. All minutes and documents of a
331	331	301closed meeting shall remain under seal, subject to release by a majority vote of the Commission
332	332	302or order of a court of competent jurisdiction.
333	333	303 F. Financing of the Commission
334	334	304 1. The Commission shall pay, or provide for the payment of, the reasonable
335	335	305expenses of its establishment, organization, and ongoing activities. 17 of 28
336	336	306 2. The Commission may accept any and all appropriate revenue sources, donations,
337	337	307and grants of money, equipment, supplies, materials, and services.
338	338	308 3. The Commission may levy on and collect an annual assessment from each
339	339	309member state or impose fees on other parties to cover the cost of the operations and activities of
340	340	310the Commission and its staff, which must be in a total amount sufficient to cover its annual
341	341	311budget as approved each year for which revenue is not provided by other sources. The aggregate
342	342	312annual assessment amount shall be allocated based upon a formula to be determined by the
343	343	313Commission, which shall promulgate a rule binding upon all member states.
344	344	314 4. The Commission shall not incur obligations of any kind prior to securing the
345	345	315funds adequate to meet the same; nor shall the Commission pledge the credit of any of the
346	346	316member states, except by and with the authority of the member state.
347	347	317 5. The Commission shall keep accurate accounts of all receipts and disbursements.
348	348	318The receipts and disbursements of the Commission shall be subject to the audit and accounting
349	349	319procedures established under its bylaws. However, all receipts and disbursements of funds
350	350	320handled by the Commission shall be audited yearly by a certified or licensed public accountant,
351	351	321and the report of the audit shall be included in and become part of the annual report of the
352	352	322Commission.
353	353	323 G. Qualified Immunity, Defense, and Indemnification
354	354	324 1. The members, officers, executive director, employees and representatives of the
355	355	325Commission shall be immune from suit and liability, either personally or in their official
356	356	326capacity, for any claim for damage to or loss of property or personal injury or other civil liability
357	357	327caused by or arising out of any actual or alleged act, error or omission that occurred, or that the 18 of 28
358	358	328person against whom the claim is made had a reasonable basis for believing occurred within the
359	359	329scope of Commission employment, duties or responsibilities; provided that nothing in this
360	360	330paragraph shall be construed to protect any such person from suit and/or liability for any damage,
361	361	331loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
362	362	332 2. The Commission shall defend any member, officer, executive director, employee
363	363	333or representative of the Commission in any civil action seeking to impose liability arising out of
364	364	334any actual or alleged act, error, or omission that occurred within the scope of Commission
365	365	335employment, duties, or responsibilities, or that the person against whom the claim is made had a
366	366	336reasonable basis for believing occurred within the scope of Commission employment, duties, or
367	367	337responsibilities; provided that nothing herein shall be construed to prohibit that person from
368	368	338retaining his or her own counsel; and provided further, that the actual or alleged act, error, or
369	369	339omission did not result from that person’s intentional or willful or wanton misconduct.
370	370	340 3. The Commission shall indemnify and hold harmless any member, officer,
371	371	341executive director, employee, or representative of the Commission for the amount of any
372	372	342settlement or judgment obtained against that person arising out of any actual or alleged act, error
373	373	343or omission that occurred within the scope of Commission employment, duties, or
374	374	344responsibilities, or that such person had a reasonable basis for believing occurred within the
375	375	345scope of Commission employment, duties, or responsibilities, provided that the actual or alleged
376	376	346act, error, or omission did not result from the intentional or willful or wanton misconduct of that
377	377	347person.
378	378	348 Section 8. DATA SYSTEM 19 of 28
379	379	349 A. The Commission shall provide for the development, maintenance, and utilization
380	380	350of a coordinated database and reporting system containing licensure, adverse action, and
381	381	351investigative information on all licensed individuals in member states.
382	382	352 B. Notwithstanding any other provision of state law to the contrary, a member state
383	383	353shall submit a uniform data set to the data system on all individuals to whom this Compact is
384	384	354applicable as required by the rules of the Commission, including:
385	385	355 1. Identifying information;
386	386	356 2. Licensure data;
387	387	357 3. Adverse actions against a license or compact privilege;
388	388	358 4. Non-confidential information related to alternative program participation;
389	389	359 5. Any denial of application for licensure, and the reason(s) for such denial; and
390	390	360 6. Other information that may facilitate the administration of this Compact, as
391	391	361determined by the rules of the Commission.
392	392	362 C. Investigative information pertaining to a licensee in any member state will only be
393	393	363available to other party states.
394	394	364 D. The Commission shall promptly notify all member states of any adverse action
395	395	365taken against a licensee or an individual applying for a license. Adverse action information
396	396	366pertaining to a licensee in any member state will be available to any other member state. 20 of 28
397	397	367 E. Member states contributing information to the data system may designate
398	398	368information that may not be shared with the public without the express permission of the
399	399	369contributing state.
400	400	370 F. Any information submitted to the data system that is subsequently required to be
401	401	371expunged by the laws of the member state contributing the information shall be removed from
402	402	372the data system.
403	403	373 Section 9. RULEMAKING
404	404	374 A. The Commission shall exercise its rulemaking powers pursuant to the criteria set
405	405	375forth in this Section and the rules adopted thereunder. Rules and amendments shall become
406	406	376binding as of the date specified in each rule or amendment.
407	407	377 B. If a majority of the legislatures of the member states rejects a rule, by enactment
408	408	378of a statute or resolution in the same manner used to adopt the Compact within 4 years of the
409	409	379date of adoption of the rule, then such rule shall have no further force and effect in any member
410	410	380state.
411	411	381 C. Rules or amendments to the rules shall be adopted at a regular or special meeting
412	412	382of the Commission.
413	413	383 D. Prior to promulgation and adoption of a final rule or rules by the Commission,
414	414	384and at least thirty (30) days in advance of the meeting at which the rule will be considered and
415	415	385voted upon, the Commission shall file a Notice of Proposed Rulemaking:
416	416	386 1. On the website of the Commission or other publicly accessible platform; and 21 of 28
417	417	387 2. On the website of each member state physical therapy licensing board or other
418	418	388publicly accessible platform or the publication in which each state would otherwise publish
419	419	389proposed rules.
420	420	390 E. The Notice of Proposed Rulemaking shall include:
421	421	391 1. The proposed time, date, and location of the meeting in which the rule will be
422	422	392considered and voted upon;
423	423	393 2. The text of the proposed rule or amendment and the reason for the proposed rule;
424	424	394 3. A request for comments on the proposed rule from any interested person; and
425	425	395 4. The manner in which interested persons may submit notice to the Commission of
426	426	396their intention to attend the public hearing and any written comments.
427	427	397 F. Prior to adoption of a proposed rule, the Commission shall allow persons to
428	428	398submit written data, facts, opinions, and arguments, which shall be made available to the public.
429	429	399 G. The Commission shall grant an opportunity for a public hearing before it adopts a
430	430	400rule or amendment if a hearing is requested by:
431	431	401 1. At least twenty-five (25) persons;
432	432	402 2. A state or federal governmental subdivision or agency; or
433	433	403 3. An association having at least twenty-five (25) members.
434	434	404 H. If a hearing is held on the proposed rule or amendment, the Commission shall
435	435	405publish the place, time, and date of the scheduled public hearing. If the hearing is held via 22 of 28
436	436	406electronic means, the Commission shall publish the mechanism for access to the electronic
437	437	407hearing.
438	438	408 1. All persons wishing to be heard at the hearing shall notify the executive director
439	439	409of the Commission or other designated member in writing of their desire to appear and testify at
440	440	410the hearing not less than five (5) business days before the scheduled date of the hearing.
441	441	411 2. Hearings shall be conducted in a manner providing each person who wishes to
442	442	412comment a fair and reasonable opportunity to comment orally or in writing.
443	443	413 3. All hearings will be recorded. A copy of the recording will be made available on
444	444	414request.
445	445	415 4. Nothing in this section shall be construed as requiring a separate hearing on each
446	446	416rule. Rules may be grouped for the convenience of the Commission at hearings required by this
447	447	417section.
448	448	418 I. Following the scheduled hearing date, or by the close of business on the
449	449	419scheduled hearing date if the hearing was not held, the Commission shall consider all written and
450	450	420oral comments received.
451	451	421 J. If no written notice of intent to attend the public hearing by interested parties is
452	452	422received, the Commission may proceed with promulgation of the proposed rule without a public
453	453	423hearing.
454	454	424 K. The Commission shall, by majority vote of all members, take final action on the
455	455	425proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking
456	456	426record and the full text of the rule. 23 of 28
457	457	427 L. Upon determination that an emergency exists, the Commission may consider and
458	458	428adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that
459	459	429the usual rulemaking procedures provided in the Compact and in this section shall be
460	460	430retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90)
461	461	431days after the effective date of the rule. For the purposes of this provision, an emergency rule is
462	462	432one that must be adopted immediately in order to:
463	463	433 1. Meet an imminent threat to public health, safety, or welfare;
464	464	434 2. Prevent a loss of Commission or member state funds;
465	465	435 3. Meet a deadline for the promulgation of an administrative rule that is established
466	466	436by federal law or rule; or
467	467	437 4. Protect public health and safety.
468	468	438 M. The Commission or an authorized committee of the Commission may direct
469	469	439revisions to a previously adopted rule or amendment for purposes of correcting typographical
470	470	440errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
471	471	441revisions shall be posted on the website of the Commission. The revision shall be subject to
472	472	442challenge by any person for a period of thirty (30) days after posting. The revision may be
473	473	443challenged only on grounds that the revision results in a material change to a rule. A challenge
474	474	444shall be made in writing, and delivered to the chair of the Commission prior to the end of the
475	475	445notice period. If no challenge is made, the revision will take effect without further action. If the
476	476	446revision is challenged, the revision may not take effect without the approval of the Commission.
477	477	447 Section 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 24 of 28
478	478	448 A. Oversight
479	479	449 1. The executive, legislative, and judicial branches of state government in each
480	480	450member state shall enforce this Compact and take all actions necessary and appropriate to
481	481	451effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules
482	482	452promulgated hereunder shall have standing as statutory law.
483	483	453 2. All courts shall take judicial notice of the Compact and the rules in any judicial or
484	484	454administrative proceeding in a member state pertaining to the subject matter of this Compact
485	485	455which may affect the powers, responsibilities or actions of the Commission.
486	486	456 3. The Commission shall be entitled to receive service of process in any such
487	487	457proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to
488	488	458provide service of process to the Commission shall render a judgment or order void as to the
489	489	459Commission, this Compact, or promulgated rules.
490	490	460 B. Default, Technical Assistance, and Termination
491	491	461 1. If the Commission determines that a member state has defaulted in the
492	492	462performance of its obligations or responsibilities under this Compact or the promulgated rules,
493	493	463the Commission shall:
494	494	464 a. Provide written notice to the defaulting state and other member states of the
495	495	465nature of the default, the proposed means of curing the default and/or any other action to be
496	496	466taken by the Commission; and
497	497	467 b. Provide remedial training and specific technical assistance regarding the default. 25 of 28
498	498	468 2. If a state in default fails to cure the default, the defaulting state may be terminated
499	499	469from the Compact upon an affirmative vote of a majority of the member states, and all rights,
500	500	470privileges and benefits conferred by this Compact may be terminated on the effective date of
501	501	471termination. A cure of the default does not relieve the offending state of obligations or liabilities
502	502	472incurred during the period of default.
503	503	473 3. Termination of membership in the Compact shall be imposed only after all other
504	504	474means of securing compliance have been exhausted. Notice of intent to suspend or terminate
505	505	475shall be given by the Commission to the governor, the majority and minority leaders of the
506	506	476defaulting state’s legislature, and each of the member states.
507	507	477 4. A state that has been terminated is responsible for all assessments, obligations,
508	508	478and liabilities incurred through the effective date of termination, including obligations that
509	509	479extend beyond the effective date of termination.
510	510	480 5. The Commission shall not bear any costs related to a state that is found to be in
511	511	481default or that has been terminated from the Compact, unless agreed upon in writing between the
512	512	482Commission and the defaulting state.
513	513	483 6. The defaulting state may appeal the action of the Commission by petitioning the
514	514	484U.S. District Court for the District of Columbia or the federal district where the Commission has
515	515	485its principal offices. The prevailing member shall be awarded all costs of such litigation,
516	516	486including reasonable attorney’s fees.
517	517	487 C. Dispute Resolution 26 of 28
518	518	488 1. Upon request by a member state, the Commission shall attempt to resolve
519	519	489disputes related to the Compact that arise among member states and between member and non-
520	520	490member states.
521	521	491 2. The Commission shall promulgate a rule providing for both mediation and
522	522	492binding dispute resolution for disputes as appropriate.
523	523	493 D. Enforcement
524	524	494 1. The Commission, in the reasonable exercise of its discretion, shall enforce the
525	525	495provisions and rules of this Compact.
526	526	496 2. By majority vote, the Commission may initiate legal action in the United States
527	527	497District Court for the District of Columbia or the federal district where the Commission has its
528	528	498principal offices against a member state in default to enforce compliance with the provisions of
529	529	499the Compact and its promulgated rules and bylaws. The relief sought may include both
530	530	500injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
531	531	501member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
532	532	502 3. The remedies herein shall not be the exclusive remedies of the Commission. The
533	533	503Commission may pursue any other remedies available under federal or state law.
534	534	504 Section 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
535	535	505FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL,
536	536	506AND AMENDMENT
537	537	507 A. The Compact shall come into effect on the date on which the Compact statute is
538	538	508enacted into law in the tenth member state. The provisions, which become effective at that time, 27 of 28
539	539	509shall be limited to the powers granted to the Commission relating to assembly and the
540	540	510promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers
541	541	511necessary to the implementation and administration of the Compact.
542	542	512 B. Any state that joins the Compact subsequent to the Commission’s initial adoption
543	543	513of the rules shall be subject to the rules as they exist on the date on which the Compact becomes
544	544	514law in that state. Any rule that has been previously adopted by the Commission shall have the
545	545	515full force and effect of law on the day the Compact becomes law in that state.
546	546	516 C. Any member state may withdraw from this Compact by enacting a statute
547	547	517repealing the same.
548	548	518 1. A member state’s withdrawal shall not take effect until six (6) months after
549	549	519enactment of the repealing statute.
550	550	520 2. Withdrawal shall not affect the continuing requirement of the withdrawing state’s
551	551	521physical therapy licensing board to comply with the investigative and adverse action reporting
552	552	522requirements of this act prior to the effective date of withdrawal.
553	553	523 D. Nothing contained in this Compact shall be construed to invalidate or prevent any
554	554	524physical therapy licensure agreement or other cooperative arrangement between a member state
555	555	525and a non-member state that does not conflict with the provisions of this Compact.
556	556	526 E. This Compact may be amended by the member states. No amendment to this
557	557	527Compact shall become effective and binding upon any member state until it is enacted into the
558	558	528laws of all member states.
559	559	529 Section 12. CONSTRUCTION AND SEVERABILITY 28 of 28
560	560	530 This Compact shall be liberally construed so as to effectuate the purposes thereof. The
561	561	531provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of
562	562	532this Compact is declared to be contrary to the constitution of any party state or of the United
563	563	533States or the applicability thereof to any government, agency, person or circumstance is held
564	564	534invalid, the validity of the remainder of this Compact and the applicability thereof to any
565	565	535government, agency, person or circumstance shall not be affected thereby. If this Compact shall
566	566	536be held contrary to the constitution of any party state, the Compact shall remain in full force and
567	567	537effect as to the remaining party states and in full force and effect as to the party state affected as
568	568	538to all severable matters.