Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1506 Compare Versions

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

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2	2	SENATE DOCKET, NO. 1755 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1506
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sal N. DiDomenico
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 :Sal N. DiDomenicoMiddlesex and Suffolk 1 of 28
16	16	SENATE DOCKET, NO. 1755 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1506
18	18	By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1506) of Sal N. DiDomenico
19	19	for legislation to establish a physical therapy licensure compact. Public Health.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 2233 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act establishing a physical therapy licensure compact.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. The General Laws, as appearing in the 2022 Official Edition, are hereby
31	31	2amended by inserting after chapter 112 the following new chapter:-
32	32	3 CHAPTER 112A PHYSICAL THERAPY LICENSURE COMPACT
33	33	4 Section 1. PURPOSE
34	34	5 The purpose of this compact is to facilitate interstate practice of physical therapy with the
35	35	6goal of improving public access to physical therapy services. The practice of physical therapy
36	36	7occurs in the state where the patient/client is located at the time of the patient/client encounter.
37	37	8The compact preserves the regulatory authority of states to protect public health and safety
38	38	9through the current system of state licensure. 2 of 28
39	39	10 This compact is designed to achieve the following objectives:
40	40	11 1. Increase public access to physical therapy services by providing for the mutual
41	41	12recognition of other member state licenses;
42	42	13 2. Enhance the states’ ability to protect the public’s health and safety;
43	43	14 3. Encourage the cooperation of member states in regulating multi-state physical
44	44	15therapy practice;
45	45	16 4. Support spouses of relocating military members;
46	46	17 5. Enhance the exchange of licensure, investigative, and disciplinary information
47	47	18between member states; and
48	48	19 6. Allow a remote state to hold a provider of services with a compact privilege in
49	49	20that state accountable to that state’s practice standards.
50	50	21 Section 2. DEFINITIONS
51	51	22 As used in this compact, and except as otherwise provided, the following definitions shall
52	52	23apply:
53	53	24 1. “Active Duty Military” means full-time duty status in the active uniformed
54	54	25service of the United States, including members of the National Guard and Reserve on active
55	55	26duty orders pursuant to 10 U.S.C. Section 1209 and 1211.
56	56	27 2. “Adverse Action” means disciplinary action taken by a physical therapy licensing
57	57	28board based upon misconduct, unacceptable performance, or a combination of both. 3 of 28
58	58	29 3. “Alternative Program” means a non-disciplinary monitoring or practice
59	59	30remediation process approved by a physical therapy licensing board. This includes, but is not
60	60	31limited to, substance abuse issues.
61	61	32 4. “Compact privilege” means the authorization granted by a remote state to allow a
62	62	33licensee from another member state to practice as a physical therapist or work as a physical
63	63	34therapist assistant in the remote state under its laws and rules. The practice of physical therapy
64	64	35occurs in the member state where the patient/client is located at the time of the patient/client
65	65	36encounter.
66	66	37 5. “Continuing competence” means a requirement, as a condition of license
67	67	38renewal, to provide evidence of participation in, and/or completion of, educational and
68	68	39professional activities relevant to practice or area of work.
69	69	40 6. “Data system” means a repository of information about licensees, including
70	70	41examination, licensure, investigative, compact privilege, and adverse action.
71	71	42 7. “Encumbered license” means a license that a physical therapy licensing board has
72	72	43limited in any way.
73	73	44 8. “Executive Board” means a group of directors elected or appointed to act on
74	74	45behalf of, and within the powers granted to them by, the Commission.
75	75	46 9. “Home state” means the member state that is the licensee’s primary state of
76	76	47residence.
77	77	48 10.“Investigative information” means information, records, and documents received
78	78	49or generated by a physical therapy licensing board pursuant to an investigation. 4 of 28
79	79	50 11.“Jurisprudence Requirement” means the assessment of an individual’s knowledge
80	80	51of the laws and rules governing the practice of physical therapy in a state.
81	81	52 12.“Licensee” means an individual who currently holds an authorization from the
82	82	53state to practice as a physical therapist or to work as a physical therapist assistant.
83	83	54 13.“Member state” means a state that has enacted the compact.
84	84	55 14.“Party state” means any member state in which a licensee holds a current license
85	85	56or compact privilege or is applying for a license or compact privilege.
86	86	57 15.“Physical therapist” means an individual who is licensed by a state to practice
87	87	58physical therapy.
88	88	59 16.“Physical therapist assistant” means an individual who is licensed/certified by a
89	89	60state and who assists the physical therapist in selected components of physical therapy.
90	90	61 17.“Physical therapy,” “physical therapy practice,” and “the practice of physical
91	91	62therapy” mean the care and services provided by or under the direction and supervision of a
92	92	63licensed physical therapist.
93	93	64 18.“Physical Therapy Compact Commission” or “Commission” means the national
94	94	65administrative body whose membership consists of all states that have enacted the compact.
95	95	66 19.“Physical therapy licensing board” or “licensing board” means the agency of a
96	96	67state that is responsible for the licensing and regulation of physical therapists and physical
97	97	68therapist assistants. 5 of 28
98	98	69 20. “Remote State” means a member state other than the home state, where a
99	99	70licensee is exercising or seeking to exercise the compact privilege.
100	100	71 21.“Rule” means a regulation, principle, or directive promulgated by the
101	101	72Commission that has the force of law.
102	102	73 22. “State” means any state, commonwealth, district, or territory of the United States
103	103	74of America that regulates the practice of physical therapy.
104	104	75 Section 3. STATE PARTICIPATION IN THE COMPACT
105	105	76 A. To participate in the compact, a state must:
106	106	77 1. Participate fully in the Commission’s data system, including using the
107	107	78Commission’s unique identifier as defined in rules;
108	108	79 2. Have a mechanism in place for receiving and investigating complaints about
109	109	80licensees;
110	110	81 3. Notify the Commission, in compliance with the terms of the compact and rules, of
111	111	82any adverse action or the availability of investigative information regarding a licensee;
112	112	83 4. Fully implement a criminal background check requirement, within a time frame
113	113	84established by rule, by receiving the results of the Federal Bureau of Investigation record search
114	114	85on criminal background checks and use the results in making licensure decisions in accordance
115	115	86with Section 3.B.;
116	116	87 5. Comply with the rules of the Commission; 6 of 28
117	117	88 6. Utilize a recognized national examination as a requirement for licensure pursuant
118	118	89to the rules of the Commission; and
119	119	90 7. Have continuing competence requirements as a condition for license renewal.
120	120	91 B. Upon adoption of this statute, the member state shall have the authority to obtain
121	121	92biometric-based information from each physical therapy licensure applicant and submit this
122	122	93information to the Federal Bureau of Investigation for a criminal background check in
123	123	94accordance with 28 U.S.C. §534 and 42 U.S.C. §14616.
124	124	95 C. A member state shall grant the compact privilege to a licensee holding a valid
125	125	96unencumbered license in another member state in accordance with the terms of the compact and
126	126	97rules.
127	127	98 D. Member states may charge a fee for granting a compact privilege
128	128	99 Section 4. COMPACT PRIVILEGE
129	129	100 A. To exercise the compact privilege under the terms and provisions of the compact,
130	130	101the licensee shall:
131	131	102 1. Hold a license in the home state;
132	132	103 2. Have no encumbrance on any state license;
133	133	104 3. Be eligible for a compact privilege in any member state in accordance with
134	134	105Section 4D, G and H;
135	135	106 4. Have not had any adverse action against any license or compact privilege within
136	136	107the previous 2 years; 7 of 28
137	137	108 5. Notify the Commission that the licensee is seeking the compact privilege within a
138	138	109remote state(s);
139	139	110 6. Pay any applicable fees, including any state fee, for the compact privilege;
140	140	111 7. Meet any jurisprudence requirements established by the remote state(s) in which
141	141	112the licensee is seeking a compact privilege; and
142	142	113 8. Report to the Commission adverse action taken by any non-member state within
143	143	11430 days from the date the adverse action is taken.
144	144	115 B. The compact privilege is valid until the expiration date of the home license. The
145	145	116licensee must comply with the requirements of Section 4.A. to maintain the compact privilege in
146	146	117the remote state.
147	147	118 C. A licensee providing physical therapy in a remote state under the compact
148	148	119privilege shall function within the laws and regulations of the remote state.
149	149	120 D. A licensee providing physical therapy in a remote state is subject to that state’s
150	150	121regulatory authority. A remote state may, in accordance with due process and that state’s laws,
151	151	122remove a licensee’s compact privilege in the remote state for a specific period of time, impose
152	152	123fines, and/or take any other necessary actions to protect the health and safety of its citizens. The
153	153	124licensee is not eligible for a compact privilege in any state until the specific time for removal has
154	154	125passed and all fines are paid.
155	155	126 E. If a home state license is encumbered, the licensee shall lose the compact
156	156	127privilege in any remote state until the following occur:
157	157	128 1. The home state license is no longer encumbered; and 8 of 28
158	158	129 2. Two years have elapsed from the date of the adverse action.
159	159	130 F. Once an encumbered license in the home state is restored to good standing, the
160	160	131licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote
161	161	132state.
162	162	133 G. If a licensee’s compact privilege in any remote state is removed, the individual
163	163	134shall lose the compact privilege in any remote state until the following occur:
164	164	135 1. The specific period of time for which the compact privilege was removed has
165	165	136ended;
166	166	137 2. All fines have been paid; and
167	167	138 3. Two years have elapsed from the date of the adverse action.
168	168	139 H. Once the requirements of Section 4G have been met, the license must meet the
169	169	140requirements in Section 4A to obtain a compact privilege in a remote state.
170	170	141 Section 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
171	171	142 A licensee who is active duty military or is the spouse of an individual who is active duty
172	172	143military may designate one of the following as the home state:
173	173	144 A. Home of record;
174	174	145 B. Permanent Change of Station (PCS); or
175	175	146 C. State of current residence if it is different than the PCS state or home of record.
176	176	147 Section 6. ADVERSE ACTIONS 9 of 28
177	177	148 A. A home state shall have exclusive power to impose adverse action against a
178	178	149license issued by the home state.
179	179	150 B. A home state may take adverse action based on the investigative information of a
180	180	151remote state, so long as the home state follows its own procedures for imposing adverse action.
181	181	152 C. Nothing in this compact shall override a member state’s decision that
182	182	153participation in an alternative program may be used in lieu of adverse action and that such
183	183	154participation shall remain non-public if required by the member state’s laws. Member states must
184	184	155require licensees who enter any alternative programs in lieu of discipline to agree not to practice
185	185	156in any other member state during the term of the alternative program without prior authorization
186	186	157from such other member state.
187	187	158 D. Any member state may investigate actual or alleged violations of the statutes and
188	188	159rules authorizing the practice of physical therapy in any other member state in which a physical
189	189	160therapist or physical therapist assistant holds a license or compact privilege.
190	190	161 E. A remote state shall have the authority to:
191	191	162 1. Take adverse actions as set forth in Section 4.D. against a licensee’s compact
192	192	163privilege in the state;
193	193	164 2. Issue subpoenas for both hearings and investigations that require the attendance
194	194	165and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical
195	195	166therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the
196	196	167production of evidence from another party state, shall be enforced in the latter state by any court
197	197	168of competent jurisdiction, according to the practice and procedure of that court applicable to 10 of 28
198	198	169subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness
199	199	170fees, travel expenses, mileage, and other fees required by the service statutes of the state where
200	200	171the witnesses and/or evidence are located; and
201	201	172 3. If otherwise permitted by state law, recover from the licensee the costs of
202	202	173investigations and disposition of cases resulting from any adverse action taken against that
203	203	174licensee.
204	204	175 F. Joint Investigations
205	205	176 1. In addition to the authority granted to a member state by its respective physical
206	206	177therapy practice act or other applicable state law, a member state may participate with other
207	207	178member states in joint investigations of licensees.
208	208	179 2. Member states shall share any investigative, litigation, or compliance materials in
209	209	180furtherance of any joint or individual investigation initiated under the compact.
210	210	181 Section 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
211	211	182COMMISSION.
212	212	183 A. The compact member states hereby create and establish a joint public agency
213	213	184known as the Physical Therapy Compact Commission:
214	214	185 1. The Commission is an instrumentality of the compact states.
215	215	186 2. Venue is proper and judicial proceedings by or against the Commission shall be
216	216	187brought solely and exclusively in a court of competent jurisdiction where the principal office of
217	217	188the Commission is located. The Commission may waive venue and jurisdictional defenses to the
218	218	189extent it adopts or consents to participate in alternative dispute resolution proceedings. 11 of 28
219	219	190 3. Nothing in this compact shall be construed to be a waiver of sovereign immunity.
220	220	191 B. Membership, Voting, and Meetings
221	221	192 1. Each member state shall have and be limited to one (1) delegate selected by that
222	222	193member state’s licensing board.
223	223	194 2. The delegate shall be a current member of the licensing board, who is a physical
224	224	195therapist, physical therapist assistant, public member, or the board administrator.
225	225	196 3. Any delegate may be removed or suspended from office as provided by the law of
226	226	197the state from which the delegate is appointed.
227	227	198 4. The member state board shall fill any vacancy occurring in the Commission.
228	228	199 5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of
229	229	200rules and creation of bylaws and shall otherwise have an opportunity to participate in the
230	230	201business and affairs of the Commission.
231	231	202 6. A delegate shall vote in person or by such other means as provided in the bylaws.
232	232	203The bylaws may provide for delegates’ participation in meetings by telephone or other means of
233	233	204communication.
234	234	205 7. The Commission shall meet at least once during each calendar year. Additional
235	235	206meetings shall be held as set forth in the bylaws.
236	236	207 C. The Commission shall have the following powers and duties:
237	237	208 1. Establish the fiscal year of the Commission; 12 of 28
238	238	209 2. Establish bylaws;
239	239	210 3. Maintain its financial records in accordance with the bylaws;
240	240	211 4. Meet and take such actions as are consistent with the provisions of this compact
241	241	212and the bylaws;
242	242	213 5. Promulgate uniform rules to facilitate and coordinate implementation and
243	243	214administration of this compact. The rules shall have the force and effect of law and shall be
244	244	215binding in all member states;
245	245	216 6. Bring and prosecute legal proceedings or actions in the name of the Commission,
246	246	217provided that the standing of any state physical therapy licensing board to sue or be sued under
247	247	218applicable law shall not be affected;
248	248	219 7. Purchase and maintain insurance and bonds;
249	249	220 8. Borrow, accept, or contract for services of personnel, including, but not limited to,
250	250	221employees of a member state;
251	251	222 9. Hire employees, elect or appoint officers, fix compensation, define duties, grant
252	252	223such individuals appropriate authority to carry out the purposes of the compact, and to establish
253	253	224the Commission’s personnel policies and programs relating to conflicts of interest, qualifications
254	254	225of personnel, and other related personnel matters;
255	255	226 10.Accept any and all appropriate donations and grants of money, equipment,
256	256	227supplies, materials and services, and to receive, utilize and dispose of the same; provided that at
257	257	228all times the Commission shall avoid any appearance of impropriety and/or conflict of interest; 13 of 28
258	258	229 11.Lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
259	259	230hold, improve or use, any property, real, personal or mixed; provided that at all times the
260	260	231Commission shall avoid any appearance of impropriety;
261	261	232 12.Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
262	262	233any property real, personal, or mixed;
263	263	234 13.Establish a budget and make expenditures;
264	264	235 14.Borrow money;
265	265	236 15.Appoint committees, including standing committees composed of members, state
266	266	237regulators, state legislators or their representatives, and consumer representatives, and such other
267	267	238interested persons as may be designated in this compact and the bylaws;
268	268	239 16.Provide and receive information from, and cooperate with, law enforcement
269	269	240agencies;
270	270	241 17.Establish and elect an Executive Board; and
271	271	242 18.Perform such other functions as may be necessary or appropriate to achieve the
272	272	243purposes of this compact consistent with the state regulation of physical therapy licensure and
273	273	244practice.
274	274	245 D. The Executive Board
275	275	246 The Executive Board shall have the power to act on behalf of the Commission according
276	276	247to the terms of this compact
277	277	248 1. The Executive Board shall be composed of nine members: 14 of 28
278	278	249 a. Seven voting members who are elected by the Commission from the current
279	279	250membership of the Commission;
280	280	251 b. One ex-officio, nonvoting member from the recognized national physical therapy
281	281	252professional association; and
282	282	253 c. One ex-officio, nonvoting member from the recognized membership organization
283	283	254of the physical therapy licensing boards.
284	284	255 2. The ex-officio members will be selected by their respective organizations.
285	285	256 3. The Commission may remove any member of the Executive Board as provided in
286	286	257bylaws.
287	287	258 4. The Executive Board shall meet at least annually.
288	288	259 5. The Executive Board shall have the following Duties and responsibilities:
289	289	260 a. Recommend to the entire Commission changes to the rules or bylaws, changes to
290	290	261this compact legislation, fees paid by compact member states such as annual dues, and any
291	291	262commission compact fee charged to licensees for the compact privilege;
292	292	263 b. Ensure compact administration services are appropriately provided, contractual or
293	293	264otherwise;
294	294	265 c. Prepare and recommend the budget;
295	295	266 d. Maintain financial records on behalf of the Commission; 15 of 28
296	296	267 e. Monitor compact compliance of member states and provide compliance reports to
297	297	268the Commission;
298	298	269 f. Establish additional committees as necessary; and
299	299	270 g. Other duties as provided in rules or bylaws.
300	300	271 E. Meetings of the Commission
301	301	272 1. All meetings shall be open to the public, and public notice of meetings shall be
302	302	273given in the same manner as required under the rulemaking provisions in Section 9.
303	303	274 2. The Commission or the Executive Board or other committees of the Commission
304	304	275may convene in a closed, non-public meeting if the Commission or Executive Board or other
305	305	276committees of the Commission must discuss:
306	306	277 a. Non-compliance of a member state with its obligations under the compact;
307	307	278 b. The employment, compensation, discipline or other matters, practices or
308	308	279procedures related to specific employees or other matters related to the Commission’s internal
309	309	280personnel practices and procedures;
310	310	281 c. Current, threatened, or reasonably anticipated litigation;
311	311	282 d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
312	312	283estate;
313	313	284 e. Accusing any person of a crime or formally censuring any person; 16 of 28
314	314	285 f. Disclosure of trade secrets or commercial or financial information that is
315	315	286privileged or confidential;
316	316	287 g. Disclosure of information of a personal nature where disclosure would constitute
317	317	288a clearly unwarranted invasion of personal privacy;
318	318	289 h. Disclosure of investigative records compiled for law enforcement purposes;
319	319	290 i. Disclosure of information related to any investigative reports prepared by or on
320	320	291behalf of or for use of the Commission or other committee charged with responsibility of
321	321	292investigation or determination of compliance issues pursuant to the compact; or
322	322	293 j. Matters specifically exempted from disclosure by federal or member state statute.
323	323	294 3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
324	324	295Commission’s legal counsel or designee shall certify that the meeting may be closed and shall
325	325	296reference each relevant exempting provision.
326	326	297 4. The Commission shall keep minutes that fully and clearly describe all matters
327	327	298discussed in a meeting and shall provide a full and accurate summary of actions taken, and the
328	328	299reasons therefore, including a description of the views expressed. All documents considered in
329	329	300connection with an action shall be identified in such minutes. All minutes and documents of a
330	330	301closed meeting shall remain under seal, subject to release by a majority vote of the Commission
331	331	302or order of a court of competent jurisdiction.
332	332	303 F. Financing of the Commission
333	333	304 1. The Commission shall pay, or provide for the payment of, the reasonable
334	334	305expenses of its establishment, organization, and ongoing activities. 17 of 28
335	335	306 2. The Commission may accept any and all appropriate revenue sources, donations,
336	336	307and grants of money, equipment, supplies, materials, and services.
337	337	308 3. The Commission may levy on and collect an annual assessment from each
338	338	309member state or impose fees on other parties to cover the cost of the operations and activities of
339	339	310the Commission and its staff, which must be in a total amount sufficient to cover its annual
340	340	311budget as approved each year for which revenue is not provided by other sources. The aggregate
341	341	312annual assessment amount shall be allocated based upon a formula to be determined by the
342	342	313Commission, which shall promulgate a rule binding upon all member states.
343	343	314 4. The Commission shall not incur obligations of any kind prior to securing the
344	344	315funds adequate to meet the same; nor shall the Commission pledge the credit of any of the
345	345	316member states, except by and with the authority of the member state.
346	346	317 5. The Commission shall keep accurate accounts of all receipts and disbursements.
347	347	318The receipts and disbursements of the Commission shall be subject to the audit and accounting
348	348	319procedures established under its bylaws. However, all receipts and disbursements of funds
349	349	320handled by the Commission shall be audited yearly by a certified or licensed public accountant,
350	350	321and the report of the audit shall be included in and become part of the annual report of the
351	351	322Commission.
352	352	323 G. Qualified Immunity, Defense, and Indemnification
353	353	324 1. The members, officers, executive director, employees and representatives of the
354	354	325Commission shall be immune from suit and liability, either personally or in their official
355	355	326capacity, for any claim for damage to or loss of property or personal injury or other civil liability
356	356	327caused by or arising out of any actual or alleged act, error or omission that occurred, or that the 18 of 28
357	357	328person against whom the claim is made had a reasonable basis for believing occurred within the
358	358	329scope of Commission employment, duties or responsibilities; provided that nothing in this
359	359	330paragraph shall be construed to protect any such person from suit and/or liability for any damage,
360	360	331loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
361	361	332 2. The Commission shall defend any member, officer, executive director, employee
362	362	333or representative of the Commission in any civil action seeking to impose liability arising out of
363	363	334any actual or alleged act, error, or omission that occurred within the scope of Commission
364	364	335employment, duties, or responsibilities, or that the person against whom the claim is made had a
365	365	336reasonable basis for believing occurred within the scope of Commission employment, duties, or
366	366	337responsibilities; provided that nothing herein shall be construed to prohibit that person from
367	367	338retaining his or her own counsel; and provided further, that the actual or alleged act, error, or
368	368	339omission did not result from that person’s intentional or willful or wanton misconduct.
369	369	340 3. The Commission shall indemnify and hold harmless any member, officer,
370	370	341executive director, employee, or representative of the Commission for the amount of any
371	371	342settlement or judgment obtained against that person arising out of any actual or alleged act, error
372	372	343or omission that occurred within the scope of Commission employment, duties, or
373	373	344responsibilities, or that such person had a reasonable basis for believing occurred within the
374	374	345scope of Commission employment, duties, or responsibilities, provided that the actual or alleged
375	375	346act, error, or omission did not result from the intentional or willful or wanton misconduct of that
376	376	347person.
377	377	348 Section 8. DATA SYSTEM 19 of 28
378	378	349 A. The Commission shall provide for the development, maintenance, and utilization
379	379	350of a coordinated database and reporting system containing licensure, adverse action, and
380	380	351investigative information on all licensed individuals in member states.
381	381	352 B. Notwithstanding any other provision of state law to the contrary, a member state
382	382	353shall submit a uniform data set to the data system on all individuals to whom this compact is
383	383	354applicable as required by the rules of the Commission, including:
384	384	355 1. Identifying information;
385	385	356 2. Licensure data;
386	386	357 3. Adverse actions against a license or compact privilege;
387	387	358 4. Non-confidential information related to alternative program participation;
388	388	359 5. Any denial of application for licensure, and the reason(s) for such denial; and
389	389	360 6. Other information that may facilitate the administration of this compact, as
390	390	361determined by the rules of the Commission.
391	391	362 C. Investigative information pertaining to a licensee in any member state will only be
392	392	363available to other party states.
393	393	364 D. The Commission shall promptly notify all member states of any adverse action
394	394	365taken against a licensee or an individual applying for a license. Adverse action information
395	395	366pertaining to a licensee in any member state will be available to any other member state. 20 of 28
396	396	367 E. Member states contributing information to the data system may designate
397	397	368information that may not be shared with the public without the express permission of the
398	398	369contributing state.
399	399	370 F. Any information submitted to the data system that is subsequently required to be
400	400	371expunged by the laws of the member state contributing the information shall be removed from
401	401	372the data system.
402	402	373 Section 9. RULEMAKING
403	403	374 A. The Commission shall exercise its rulemaking powers pursuant to the criteria set
404	404	375forth in this Section and the rules adopted thereunder. Rules and amendments shall become
405	405	376binding as of the date specified in each rule or amendment.
406	406	377 B. If a majority of the legislatures of the member states rejects a rule, by enactment
407	407	378of a statute or resolution in the same manner used to adopt the compact within 4 years of the date
408	408	379of adoption of the rule, then such rule shall have no further force and effect in any member state.
409	409	380 C. Rules or amendments to the rules shall be adopted at a regular or special meeting
410	410	381of the Commission.
411	411	382 D. Prior to promulgation and adoption of a final rule or rules by the Commission,
412	412	383and at least thirty (30) days in advance of the meeting at which the rule will be considered and
413	413	384voted upon, the Commission shall file a Notice of Proposed Rulemaking:
414	414	385 1. On the website of the Commission or other publicly accessible platform; and 21 of 28
415	415	386 2. On the website of each member state physical therapy licensing board or other
416	416	387publicly accessible platform or the publication in which each state would otherwise publish
417	417	388proposed rules.
418	418	389 E. The Notice of Proposed Rulemaking shall include:
419	419	390 1. The proposed time, date, and location of the meeting in which the rule will be
420	420	391considered and voted upon;
421	421	392 2. The text of the proposed rule or amendment and the reason for the proposed rule;
422	422	393 3. A request for comments on the proposed rule from any interested person; and
423	423	394 4. The manner in which interested persons may submit notice to the Commission of
424	424	395their intention to attend the public hearing and any written comments.
425	425	396 F. Prior to adoption of a proposed rule, the Commission shall allow persons to
426	426	397submit written data, facts, opinions, and arguments, which shall be made available to the public.
427	427	398 G. The Commission shall grant an opportunity for a public hearing before it adopts a
428	428	399rule or amendment if a hearing is requested by:
429	429	400 1. At least twenty-five (25) persons;
430	430	401 2. A state or federal governmental subdivision or agency; or
431	431	402 3. An association having at least twenty-five (25) members.
432	432	403 H. If a hearing is held on the proposed rule or amendment, the Commission shall
433	433	404publish the place, time, and date of the scheduled public hearing. If the hearing is held via 22 of 28
434	434	405electronic means, the Commission shall publish the mechanism for access to the electronic
435	435	406hearing.
436	436	407 1. All persons wishing to be heard at the hearing shall notify the executive director
437	437	408of the Commission or other designated member in writing of their desire to appear and testify at
438	438	409the hearing not less than five (5) business days before the scheduled date of the hearing.
439	439	410 2. Hearings shall be conducted in a manner providing each person who wishes to
440	440	411comment a fair and reasonable opportunity to comment orally or in writing.
441	441	412 3. All hearings will be recorded. A copy of the recording will be made available on
442	442	413request.
443	443	414 4. Nothing in this section shall be construed as requiring a separate hearing on each
444	444	415rule. Rules may be grouped for the convenience of the Commission at hearings required by this
445	445	416section.
446	446	417 I. Following the scheduled hearing date, or by the close of business on the
447	447	418scheduled hearing date if the hearing was not held, the Commission shall consider all written and
448	448	419oral comments received.
449	449	420 J. If no written notice of intent to attend the public hearing by interested parties is
450	450	421received, the Commission may proceed with promulgation of the proposed rule without a public
451	451	422hearing.
452	452	423 K. The Commission shall, by majority vote of all members, take final action on the
453	453	424proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking
454	454	425record and the full text of the rule. 23 of 28
455	455	426 L. Upon determination that an emergency exists, the Commission may consider and
456	456	427adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that
457	457	428the usual rulemaking procedures provided in the compact and in this section shall be
458	458	429retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90)
459	459	430days after the effective date of the rule. For the purposes of this provision, an emergency rule is
460	460	431one that must be adopted immediately in order to:
461	461	432 1. Meet an imminent threat to public health, safety, or welfare;
462	462	433 2. Prevent a loss of Commission or member state funds;
463	463	434 3. Meet a deadline for the promulgation of an administrative rule that is established
464	464	435by federal law or rule; or
465	465	436 4. Protect public health and safety.
466	466	437 M. The Commission or an authorized committee of the Commission may direct
467	467	438revisions to a previously adopted rule or amendment for purposes of correcting typographical
468	468	439errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
469	469	440revisions shall be posted on the website of the Commission. The revision shall be subject to
470	470	441challenge by any person for a period of thirty (30) days after posting. The revision may be
471	471	442challenged only on grounds that the revision results in a material change to a rule. A challenge
472	472	443shall be made in writing, and delivered to the chair of the Commission prior to the end of the
473	473	444notice period. If no challenge is made, the revision will take effect without further action. If the
474	474	445revision is challenged, the revision may not take effect without the approval of the Commission.
475	475	446 Section 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 24 of 28
476	476	447 A. Oversight
477	477	448 1. The executive, legislative, and judicial branches of state government in each
478	478	449member state shall enforce this compact and take all actions necessary and appropriate to
479	479	450effectuate the compact’s purposes and intent. The provisions of this compact and the rules
480	480	451promulgated hereunder shall have standing as statutory law.
481	481	452 2. All courts shall take judicial notice of the compact and the rules in any judicial or
482	482	453administrative proceeding in a member state pertaining to the subject matter of this compact
483	483	454which may affect the powers, responsibilities or actions of the Commission.
484	484	455 3. The Commission shall be entitled to receive service of process in any such
485	485	456proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to
486	486	457provide service of process to the Commission shall render a judgment or order void as to the
487	487	458Commission, this compact, or promulgated rules.
488	488	459 B. Default, Technical Assistance, and Termination
489	489	460 1. If the Commission determines that a member state has defaulted in the
490	490	461performance of its obligations or responsibilities under this compact or the promulgated rules,
491	491	462the Commission shall:
492	492	463 a. Provide written notice to the defaulting state and other member states of the
493	493	464nature of the default, the proposed means of curing the default and/or any other action to be
494	494	465taken by the Commission; and
495	495	466 b. Provide remedial training and specific technical assistance regarding the default. 25 of 28
496	496	467 2. If a state in default fails to cure the default, the defaulting state may be terminated
497	497	468from the compact upon an affirmative vote of a majority of the member states, and all rights,
498	498	469privileges and benefits conferred by this compact may be terminated on the effective date of
499	499	470termination. A cure of the default does not relieve the offending state of obligations or liabilities
500	500	471incurred during the period of default.
501	501	472 3. Termination of membership in the compact shall be imposed only after all other
502	502	473means of securing compliance have been exhausted. Notice of intent to suspend or terminate
503	503	474shall be given by the Commission to the governor, the majority and minority leaders of the
504	504	475defaulting state’s legislature, and each of the member states.
505	505	476 4. A state that has been terminated is responsible for all assessments, obligations,
506	506	477and liabilities incurred through the effective date of termination, including obligations that
507	507	478extend beyond the effective date of termination.
508	508	479 5. The Commission shall not bear any costs related to a state that is found to be in
509	509	480default or that has been terminated from the compact, unless agreed upon in writing between the
510	510	481Commission and the defaulting state.
511	511	482 6. The defaulting state may appeal the action of the Commission by petitioning the
512	512	483U.S. District Court for the District of Columbia or the federal district where the Commission has
513	513	484its principal offices. The prevailing member shall be awarded all costs of such litigation,
514	514	485including reasonable attorney’s fees.
515	515	486 C. Dispute Resolution 26 of 28
516	516	487 1. Upon request by a member state, the Commission shall attempt to resolve
517	517	488disputes related to the compact that arise among member states and between member and non-
518	518	489member states.
519	519	490 2. The Commission shall promulgate a rule providing for both mediation and
520	520	491binding dispute resolution for disputes as appropriate.
521	521	492 D. Enforcement
522	522	493 1. The Commission, in the reasonable exercise of its discretion, shall enforce the
523	523	494provisions and rules of this compact.
524	524	495 2. By majority vote, the Commission may initiate legal action in the United States
525	525	496District Court for the District of Columbia or the federal district where the Commission has its
526	526	497principal offices against a member state in default to enforce compliance with the provisions of
527	527	498the compact and its promulgated rules and bylaws. The relief sought may include both injunctive
528	528	499relief and damages. In the event judicial enforcement is necessary, the prevailing member shall
529	529	500be awarded all costs of such litigation, including reasonable attorney’s fees.
530	530	501 3. The remedies herein shall not be the exclusive remedies of the Commission. The
531	531	502Commission may pursue any other remedies available under federal or state law.
532	532	503 Section 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
533	533	504FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL,
534	534	505AND AMENDMENT
535	535	506 A. The compact shall come into effect on the date on which the compact statute is
536	536	507enacted into law in the tenth member state. The provisions, which become effective at that time, 27 of 28
537	537	508shall be limited to the powers granted to the Commission relating to assembly and the
538	538	509promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers
539	539	510necessary to the implementation and administration of the compact.
540	540	511 B. Any state that joins the compact subsequent to the Commission’s initial adoption
541	541	512of the rules shall be subject to the rules as they exist on the date on which the compact becomes
542	542	513law in that state. Any rule that has been previously adopted by the Commission shall have the
543	543	514full force and effect of law on the day the compact becomes law in that state.
544	544	515 C. Any member state may withdraw from this compact by enacting a statute
545	545	516repealing the same.
546	546	517 1. A member state’s withdrawal shall not take effect until six (6) months after
547	547	518enactment of the repealing statute.
548	548	519 2. Withdrawal shall not affect the continuing requirement of the withdrawing state’s
549	549	520physical therapy licensing board to comply with the investigative and adverse action reporting
550	550	521requirements of this act prior to the effective date of withdrawal.
551	551	522 D. Nothing contained in this compact shall be construed to invalidate or prevent any
552	552	523physical therapy licensure agreement or other cooperative arrangement between a member state
553	553	524and a non-member state that does not conflict with the provisions of this compact.
554	554	525 E. This compact may be amended by the member states. No amendment to this
555	555	526compact shall become effective and binding upon any member state until it is enacted into the
556	556	527laws of all member states.
557	557	528 Section 12. CONSTRUCTION AND SEVERABILITY 28 of 28
558	558	529 This compact shall be liberally construed so as to effectuate the purposes thereof. The
559	559	530provisions of this compact shall be severable and if any phrase, clause, sentence or provision of
560	560	531this compact is declared to be contrary to the constitution of any party state or of the United
561	561	532States or the applicability thereof to any government, agency, person or circumstance is held
562	562	533invalid, the validity of the remainder of this compact and the applicability thereof to any
563	563	534government, agency, person or circumstance shall not be affected thereby. If this compact shall
564	564	535be held contrary to the constitution of any party state, the compact shall remain in full force and
565	565	536effect as to the remaining party states and in full force and effect as to the party state affected as
566	566	537to all severable matters.