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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 694 - L.D. 1749
An Act to Establish the Physical Therapy Licensure Compact
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA c. 149 is enacted to read:
CHAPTER 149
PHYSICAL THERAPY LICENSURE COMPACT
§18701. Short title
This chapter may be known and cited as "the Physical Therapy Licensure Compact,"
referred to in this chapter as "the compact."
§18702. Purpose
The purpose of this compact is to facilitate interstate practice of physical therapy with
the goal of improving public access to physical therapy services. The practice of physical
therapy occurs in the state where the patient is located at the time of the physical therapy
services. The compact preserves the regulatory authority of states to protect public health
and safety through the current system of state licensure.
This compact is designed to achieve the following objectives:
1. License recognition. Increase public access to physical therapy services by
providing for the mutual recognition of other member state licenses;
2. State powers. Enhance the states' ability to protect the public's health and safety;
3. Multistate practice. Encourage the cooperation of member states in regulating
multistate physical therapy practice;
4. Military spouses. Support spouses of relocating active duty military personnel;
5. Information exchange. Enhance the exchange of licensure, investigative and
disciplinary information among member states; and
APPROVED
JUNE 26, 2023
BY GOVERNOR
CHAPTER
329
PUBLIC LAW Page 2 - 131LR0429(03)
6. Compact privilege. Allow a remote state to hold a provider of services with a
compact privilege in that state accountable to that state's practice standards.
§18703. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Active duty military. "Active duty military" means full-time duty status in the
active uniformed service of the United States, including members of the National Guard
and Reserves of the United States Armed Forces on active duty orders pursuant to 10
United States Code, Chapters 1209 and 1211.
2. Adverse action. "Adverse action" means disciplinary action taken by a physical
therapy licensing board based upon misconduct, unacceptable performance or a
combination of both.
3. Alternative program. "Alternative program" means a nondisciplinary monitoring
or practice remediation process approved by a physical therapy licensing board, including,
but not limited to, addressing substance use disorder issues.
4. Compact privilege. "Compact privilege" means the authorization granted by a
remote state to allow a licensee from another member state to practice as a physical
therapist or work as a physical therapist assistant in the remote state under its laws and
rules. The practice of physical therapy occurs in the member state where the patient is
located at the time of the physical therapy services.
5. Continuing competence. "Continuing competence" means a requirement, as a
condition of license renewal, to provide evidence of participation in, or completion of,
educational and professional activities relevant to practice or area of work.
6. Data system. "Data system" means a repository of information about licensees,
including examination, licensure, investigative, compact privilege and adverse action
information.
7. Encumbered license. "Encumbered license" means a license that a physical
therapy licensing board has limited in any way.
8. Executive board. "Executive board" means a group of directors elected or
appointed to act on behalf of, and within the powers granted to them by, the commission.
9. Home state. "Home state" means the member state that is the licensee's primary
state of residence.
10. Investigative information. "Investigative information" means information,
records and documents received or generated by a physical therapy licensing board
pursuant to an investigation.
11. Jurisprudence requirement. "Jurisprudence requirement" means the assessment
of an individual's knowledge of the laws and rules governing the practice of physical
therapy in a state.
12. Licensee. "Licensee" means an individual who currently holds an authorization
from a state to practice as a physical therapist or to work as a physical therapist assistant.
13. Member state. "Member state" means a state that has enacted the compact. Page 3 - 131LR0429(03)
14. Party state. "Party state" means any member state in which a licensee holds a
current license or compact privilege or is applying for a license or compact privilege.
15. Physical therapist. "Physical therapist" means an individual who is licensed by
a state to practice physical therapy.
16. Physical therapist assistant. "Physical therapist assistant" means an individual
who is licensed or certified by a state and who assists a physical therapist in selected
components of physical therapy.
17. Physical therapy, physical therapy practice or the practice of physical
therapy. "Physical therapy," "physical therapy practice" or "the practice of physical
therapy" means the care and services provided by or under the direction and supervision of
a licensed physical therapist.
18. Physical therapy compact commission or commission. "Physical therapy
compact commission" or "commission" means the national administrative body whose
membership consists of all states that have enacted the compact pursuant to section 18708.
19. Physical therapy licensing board or licensing board. "Physical therapy
licensing board" or "licensing board" means the agency of a state that is responsible for the
licensing and regulation of physical therapists and physical therapist assistants.
20. Remote state. "Remote state" means a member state other than the home state
where a licensee is exercising or seeking to exercise the compact privilege.
21. Rule. "Rule" means a regulation, principle or directive promulgated by the
commission that has the force of law.
22. State. "State" means any state, commonwealth, district or territory of the United
States that regulates the practice of physical therapy.
§18704. State participation in the compact
1. Participation requirements. To participate in the compact, a state must:
A. Participate fully in the commission's data system, including using the commission's
unique identifier as defined in rules;
B. Have a mechanism in place for receiving and investigating complaints about
licensees;
C. Notify the commission, in compliance with the terms of the compact and rules, of
any adverse action or the availability of investigative information regarding a licensee;
D. Fully implement a criminal background check requirement, within a time frame
established by rule, by receiving the results of the Federal Bureau of Investigation
record search on criminal background checks and use the results in making licensure
decisions in accordance with subsection 2;
E. Comply with the rules of the commission;
F. Utilize a recognized national examination as a requirement for licensure pursuant
to the rules of the commission; and
G. Have continuing competence requirements as a condition for license renewal. Page 4 - 131LR0429(03)
2. Biometric-based information. Upon adoption of this compact, the member state
has the authority to obtain biometric-based information from each physical therapy
licensure applicant and submit this information to the Federal Bureau of Investigation for
a criminal background check in accordance with 28 United States Code, Section 534 and
42 United States Code, Section 14616.
3. Compact privilege. A member state shall grant the compact privilege to a licensee
holding a valid unencumbered license in another member state in accordance with the terms
of the compact and rules.
4. Fees. Member states may charge a fee for granting a compact privilege.
§18705. Compact privilege
1. Compact privilege. To exercise the compact privilege under the terms and
provisions of the compact, the licensee:
A. Must hold a license in the home state;
B. May not have an encumbrance on any state license;
C. Must be eligible for a compact privilege in any member state in accordance with
subsections 4, 7 and 8;
D. May not have an adverse action against any license or compact privilege within the
previous 2 years;
E. Must notify the commission that the licensee is seeking the compact privilege within
a remote state;
F. Must pay any applicable fees, including any state fee, for the compact privilege;
G. Must meet any jurisprudence requirements established by the remote state in which
the licensee is seeking a compact privilege; and
H. Must report to the commission adverse action taken by any nonmember state within
30 days from the date the adverse action is taken.
2. Validity. The compact privilege is valid until the expiration date of the home state
license. The licensee must comply with the requirements of subsection 1 to maintain the
compact privilege in the remote state.
3. Laws and regulations. A licensee providing physical therapy in a remote state
under the compact privilege shall function within the laws and regulations of the remote
state.
4. Regulation. A licensee providing physical therapy in a remote state is subject to
that state's regulatory authority. A remote state may, in accordance with due process and
that state's laws, remove a licensee's compact privilege in the remote state for a specific
period of time, impose fines or take any other necessary actions to protect the health and
safety of its citizens. The licensee is not eligible for a compact privilege in any member
state until the specific time for removal has passed and all fines are paid.
5. Encumbrance. If a home state license is encumbered, the licensee must lose the
compact privilege in any remote state until the following occur:
A. The home state license is no longer encumbered; and Page 5 - 131LR0429(03)
B. Two years have elapsed from the date of the adverse action.
6. Restoration after encumbrance. Once an encumbered license in the home state
is restored to good standing, the licensee must meet the requirements of subsection 1 to
obtain a compact privilege in any remote state.
7. Removal. If a licensee's compact privilege in any remote state is removed, the
individual must lose the compact privilege in any remote state until the following occur:
A. The specific period of time for which the compact privilege was removed has
ended;
B. All fines have been paid; and
C. Two years have elapsed from the date of the adverse action.
8. Restoration after removal. Once the requirements of subsection 7 have been met,
the licensee must meet the requirements in subsection 1 to obtain a compact privilege in a
remote state.
§18706. Active duty military personnel or their spouses
A licensee who is active duty military or is the spouse of an individual who is active
duty military may designate one of the following as the home state:
1. Home of record. Home of record;
2. Permanent change of station. Permanent change of station; or
3. Current residence. State of current residence if it is different than the permanent
change of station state or home of record.
§18707. Adverse actions
1. Adverse action authority. A home state has exclusive power to take adverse action
against a license issued by the home state.
2. Remote state investigative information. A home state may take adverse action
based on the investigative information of a remote state, as long as the home state follows
the home state's procedures for taking adverse action.
3. Alternative program. Nothing in this compact overrides a member state's decision
that participation in an alternative program may be used in lieu of adverse action and that
such participation remains nonpublic if required by the member state's laws. Member states
must require licensees who enter any alternative programs in lieu of discipline to agree not
to practice in any other member state during the term of the alternative program without
prior authorization from such other member state.
4. Member state authority. Any member state may investigate actual or alleged
violations of the laws and rules authorizing the practice of physical therapy in any other
member state in which a physical therapist or physical therapist assistant holds a license or
compact privilege.
5. Remote state authority. A remote state has the authority to:
A. Take adverse actions as set forth in section 18705, subsection 4 against a licensee's
compact privilege in the state; Page 6 - 131LR0429(03)
B. Issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses and the production of evidence. Subpoenas issued by a physical
therapy licensing board in a party state for the attendance and testimony of witnesses
or the production of evidence from another party state must be enforced in the latter
state by any court of competent jurisdiction according to the practice and procedure of
that court applicable to subpoenas issued in proceedings pending before it. The issuing
authority shall pay any witness fees, travel expenses, mileage and other fees required
by the service laws of the state where the witnesses or evidence are located; and
C. If otherwise permitted by state law, recover from the licensee the costs of
investigations and disposition of cases resulting from any adverse action taken against
that licensee.
6. Joint investigations. In addition to the authority granted to a member state by its
respective physical therapy practice act or other applicable state law, a member state may
participate with other member states in joint investigations of licensees.
Member states shall share any investigative, litigation or compliance materials in
furtherance of any joint or individual investigation initiated under the compact.
§18708. Establishment of physical therapy compact commission
1. Commission established. The member states hereby create and establish a joint
public agency known as the physical therapy compact commission.
A. The commission is an instrumentality of the compact states.
B. Venue is proper and judicial proceedings by or against the commission must be
brought solely and exclusively in a court of competent jurisdiction where the principal
office of the commission is located. The commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to participate in alternative
dispute resolution proceedings.
C. Nothing in this compact may be construed to be a waiver of sovereign immunity.
2. Membership; voting; meetings. Membership, voting and meetings are governed
by this subsection.
A. Each member state has and is limited to one delegate selected by that member state's
licensing board.
B. The delegate must be either:
(1) A current member of the licensing board, who is a physical therapist, physical
therapist assistant or public member; or
(2) An administrator of the licensing board.
C. Any delegate may be removed or suspended from office as provided by the law of
the state from which the delegate is appointed.
D. The member state licensing board shall fill any vacancy occurring on the
commission.
E. Each delegate is entitled to one vote with regard to the promulgation of rules and
creation of bylaws and must otherwise have an opportunity to participate in the
business and affairs of the commission. Page 7 - 131LR0429(03)
F. A delegate shall vote in person or by such other means as provided in the bylaws.
The bylaws may provide for delegates' participation in meetings by telephone or other
means of communication.
G. The commission shall meet at least once during each calendar year. Additional
meetings must be held as set forth in the bylaws.
3. Powers and duties. The commission has the following powers and duties:
A. Establish the fiscal year of the commission;
B. Establish bylaws;
C. Maintain its financial records in accordance with the bylaws;
D. Meet and take such actions as are consistent with the provisions of this compact
and the bylaws;
E. Promulgate uniform rules to facilitate and coordinate implementation and
administration of this compact. The rules have the force and effect of law and are
binding in all member states;
F. Bring and prosecute legal proceedings or actions in the name of the commission, as
long as the standing of any state physical therapy licensing board to sue or be sued
under applicable law is not affected;
G. Purchase and maintain insurance and bonds;
H. Borrow, accept or contract for services of personnel, including, but not limited to,
employees of a member state;
I. Hire employees, elect or appoint officers, fix compensation, define duties and grant
such individuals appropriate authority to carry out the purposes of the compact and
establish the commission's personnel policies and programs relating to conflicts of
interest, qualifications of personnel and other related personnel matters;
J. Accept appropriate donations and grants of money, equipment, supplies, materials
and services and receive, utilize and dispose of the same, as long as at all times the
commission avoids any appearance of impropriety or conflict of interest;
K. Lease, purchase, accept appropriate gifts or donations of or otherwise own, hold,
improve or use any property, real, personal or mixed, as long as at all times the
commission avoids any appearance of impropriety;
L. Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of
any property, real, personal or mixed;
M. Establish a budget and make expenditures;
N. Borrow money;
O. Appoint committees, including standing committees composed of members, state
regulators, state legislators or their representatives and consumer representatives and
such other interested persons as may be designated in this compact and the bylaws;
P. Provide and receive information from, and cooperate with, law enforcement
agencies;
Q. Establish and elect an executive board; and Page 8 - 131LR0429(03)
R. Perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact consistent with the state regulation of physical therapy
licensure and practice.
4. Executive board. The establishment of an executive board is governed by this
subsection.
A. The executive board has the power to act on behalf of the commission according to
the terms of this compact.
B. The executive board is composed of 9 members:
(1) Seven voting members who are elected by the commission from the current
membership of the commission;
(2) One ex officio, nonvoting member from a recognized national physical therapy
professional association; and
(3) One ex officio, nonvoting member from a recognized membership
organization of physical therapy licensing boards.
C. The ex officio members are selected by their respective organizations.
D. The commission may remove any member of the executive board as provided in
the bylaws.
E. The executive board shall meet at least annually.
F. The executive board has the following duties and responsibilities:
(1) Recommend to the entire commission changes to the rules or bylaws, changes
to this compact legislation, fees paid by compact member states such as annual
dues and any commission compact fee charged to licensees for the compact
privilege;
(2) Ensure compact administration services are appropriately provided,
contractual or otherwise;
(3) Prepare and recommend the budget;
(4) Maintain financial records on behalf of the commission;
(5) Monitor compact compliance of member states and provide compliance reports
to the commission;
(6) Establish additional committees as necessary; and
(7) Other duties as provided in rules or the bylaws.
5. Meetings of the commission. Meetings of the commission are governed by this
subsection.
A. All meetings must be open to the public and public notice of meetings must be
given in the same manner as required under the rule-making provisions in section
18710.
B. The commission or the executive board or other committees of the commission may
convene in a closed, nonpublic meeting if the commission or executive board or other
committees of the commission must discuss: Page 9 - 131LR0429(03)
(1) Noncompliance of a member state with its obligations under the compact;
(2) The employment, compensation, discipline or other matters, practices or
procedures related to specific employees or other matters related to the
commission's internal personnel practices and procedures;
(3) Current, threatened or reasonably anticipated litigation;
(4) Negotiation of contracts for the purchase, lease or sale of goods, services or
real estate;
(5) Accusing any person of a crime or formally censuring any person;
(6) Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
(7) Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
(8) Disclosure of investigative records compiled for law enforcement purposes;
(9) Disclosure of information related to any investigative reports prepared by or
on behalf of or for use of the commission or other committee charged with
responsibility of investigation or determination of compliance issues pursuant to
the compact; or
(10) Matters specifically exempted from disclosure by federal or member state
law.
C. If a meeting, or portion of a meeting, is closed pursuant to paragraph B, the
commission's legal counsel or designee shall certify that the meeting may be closed
and shall reference each relevant exempting provision.
D. The commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions taken,
and the reasons therefore, including a description of the views expressed. All
documents considered in connection with an action must be identified in the minutes.
All minutes and documents of a closed meeting must remain under seal, subject to
release by a majority vote of the commission or order of a court of competent
jurisdiction.
6. Financing of the commission. Financing of the commission is governed by this
subsection.
A. The commission shall pay, or provide for the payment of, the reasonable expenses
of its establishment, organization and ongoing activities.
B. The commission may accept any appropriate revenue sources, donations and grants
of money, equipment, supplies, materials and services.
C. The commission may levy on and collect an annual assessment from each member
state or impose fees on other parties to cover the cost of the operations and activities
of the commission and its staff, which must be in a total amount sufficient to cover its
annual budget as approved each year for which revenue is not provided by other
sources. The aggregate annual assessment amount must be allocated based upon a
formula to be determined by the commission, which shall promulgate a rule binding
upon all member states. Page 10 - 131LR0429(03)
D. The commission may not incur obligations of any kind prior to securing the funds
adequate to meet the same, and the commission may not pledge the credit of any of the
member states, except by and with the authority of the member state.
E. The commission shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the commission are subject to the audit and
accounting procedures established under its bylaws; however, all receipts and
disbursements of funds handled by the commission must be audited yearly by a
certified or licensed public accountant, and the report of the audit must be included in
and become part of the annual report of the commission.
7. Qualified immunity; defense; indemnification. Qualified immunity, defense and
indemnification are governed by this subsection.
A. The members, officers, executive director, employees and representatives of the
commission are immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged act, error or omission
that occurred, or that the person against whom the claim is made had a reasonable basis
for believing occurred, within the scope of commission employment, duties or
responsibilities, except that nothing in this paragraph may be construed to protect any
such person from suit or liability for any damage, loss, injury or liability caused by the
intentional or willful or wanton misconduct of that person.
B. The commission shall defend any member, officer, executive director, employee or
representative of the commission in any civil action seeking to impose liability arising
out of any actual or alleged act, error or omission that occurred within the scope of
commission employment, duties or responsibilities, or that the person against whom
the claim is made had a reasonable basis for believing occurred within the scope of
commission employment, duties or responsibilities, except that nothing in this
paragraph may be construed to prohibit that person from retaining that person's own
counsel, as long as the actual or alleged act, error or omission did not result from that
person's intentional or willful or wanton misconduct.
C. The commission shall indemnify and hold harmless any member, officer, executive
director, employee or representative of the commission for the amount of any
settlement or judgment obtained against that person arising out of any actual or alleged
act, error or omission that occurred within the scope of commission employment, duties
or responsibilities, or that such person had a reasonable basis for believing occurred
within the scope of commission employment, duties or responsibilities, as long as the
actual or alleged act, error or omission did not result from the intentional or willful or
wanton misconduct of that person.
§18709. Data system
1. Database and reporting system. The commission shall provide for the
development, maintenance and utilization of a coordinated database and reporting system
containing licensure, adverse action and investigative information on all licensed
individuals in member states.
2. Uniform data set submission. Notwithstanding any other provision of state law to
the contrary, a member state shall submit a uniform data set to the data system on all Page 11 - 131LR0429(03)
individuals to whom this compact is applicable as required by the rules of the commission,
including:
A. Identifying information;
B. Licensure data;
C. Adverse actions against a licensee or compact privilege;
D. Nonconfidential information related to alternative program participation;
E. Any denial of application for licensure and the reasons for that denial; and
F. Other information that may facilitate the administration of this compact, as
determined by the rules of the commission.
3. Investigative information availability. Investigative information pertaining to a
licensee in any member state may be made available only to other party states.
4. Adverse action information. The commission shall promptly notify all member
states of any adverse action taken against a licensee or an individual applying for a license.
Adverse action information pertaining to a licensee in any member state must be available
to any other member state.
5. Confidential information. Member states contributing information to the data
system may designate information that may not be shared with the public without the
express permission of the contributing state.
6. Information expungement.
subsequently required to be expunged by the laws of the member state contributing the
information must be removed from the data system.
§18710. Rulemaking
1. Powers. The commission shall exercise its rule-making powers pursuant to the
criteria set forth in this section and the rules adopted thereunder. Rules and amendments
become binding as of the date specified in each rule or amendment.
2. Rule rejection.
by enactment of a law or resolution in the same manner used to adopt the compact within
4 years of the date of adoption of the rule, then that rule has no further force and effect in
any member state.
3. Rule adoption procedure.
regular or special meeting of the commission.
4. Notice. Prior to promulgation and adoption of a final rule or rules by the
commission, and at least 30 days in advance of the meeting at which the rule will be
considered and voted upon, the commission shall file a notice of proposed rulemaking:
A. On the website of the commission or other publicly accessible platform; and
B. On the website of each member state physical therapy licensing board or other
publicly accessible platform or the publication in which each state would otherwise
publish proposed rules.
5. Notice requirements. The notice of proposed rulemaking must include: Page 12 - 131LR0429(03)
A. The proposed time, date and location of the meeting in which the rule will be
considered and voted upon;
B. The text of the proposed rule or amendment and the reason for the proposed rule;
C. A request for comments on the proposed rule from any interested person; and
D. The manner in which interested persons may submit notice to the commission of
their intention to attend the public hearing and any written comments.
6. Public comment. Prior to adoption of a proposed rule, the commission shall allow
persons to submit written data, facts, opinions and arguments, which must be made
available to the public.
7. Public hearing. The commission shall grant an opportunity for a public hearing
before it adopts a rule or amendment if a hearing is requested by:
A. At least 25 persons;
B. A state or federal governmental subdivision or agency; or
C. An association having at least 25 members.
8. Hearing notice. If a hearing is held on the proposed rule or amendment, the
commission shall publish the place, time and date of the scheduled public hearing. If the
hearing is held via electronic means, the commission shall publish the mechanism for
access to the electronic hearing.
A. All persons wishing to be heard at the hearing must notify the executive director of
the commission or other designated member in writing of their desire to appear and
testify at the hearing not less than 5 business days before the scheduled date of the
hearing.
B. Hearings must be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.
C. All hearings must be recorded. A copy of the recording must be made available on
request.
D. Nothing in this section may be construed as requiring a separate hearing on each
rule. Rules may be grouped for the convenience of the commission at hearings required
by this section.
9. Consideration. Following the scheduled hearing date, or by the close of business
on the scheduled hearing date if the hearing was not held, the commission shall consider
all written and oral comments received.
10. Proceeding without public hearing.
public hearing by interested parties is received, the commission may proceed with
promulgation of the proposed rule without a public hearing.
11. Final action. The commission shall, by majority vote of all members, take final
action on the proposed rule and shall determine the effective date of the rule, if any, based
on the rule-making record and the full text of the rule.
12. Emergency rulemaking. Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule without prior notice, opportunity
for comment or hearing, as long as the usual rule-making procedures provided in the Page 13 - 131LR0429(03)
compact and in this section are retroactively applied to the rule as soon as reasonably
possible, in no event later than 90 days after the effective date of the rule. For the purposes
of this subsection, "emergency rule" means a rule that must be adopted immediately in
order to:
A. Meet an imminent threat to public health, safety or welfare;
B. Prevent a loss of commission or member state funds;
C. Meet a deadline for the promulgation of an administrative rule that is established
by federal law or rule; or
D. Protect public health and safety.
13. Rule revisions. The commission or an authorized committee of the commission
may direct revisions to a previously adopted rule or amendment for purposes of correcting
typographical errors, errors in format, errors in consistency or grammatical errors. Public
notice of any revisions must be posted on the website of the commission. The revision is
subject to challenge by any person for a period of 30 days after posting. The revision may
be challenged only on grounds that the revision results in a material change to a rule. A
challenge must be made in writing and delivered to the chair of the commission prior to the
end of the notice period. If no challenge is made, the revision takes effect without further
action. If the revision is challenged, the revision may not take effect without the approval
of the commission.
§18711. Oversight; dispute resolution; enforcement
1. Oversight. Oversight of the compact is governed by this subsection.
A. The executive, legislative and judicial branches of state government in each
member state shall enforce this compact and take all actions necessary and appropriate
to effectuate the compact's purposes and intent. The provisions of this compact and
the rules promulgated hereunder have standing as statutory law.
B. All courts shall take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of this
compact that may affect the powers, responsibilities or actions of the commission.
C. The commission is entitled to receive service of process in any proceeding under
paragraph B and has standing to intervene in such a proceeding for all purposes.
Failure to provide service of process to the commission renders a judgment or order
void as to the commission, this compact or promulgated rules.
2. Default; technical assistance; termination. Default, technical assistance and
termination are governed by this subsection.
A. If the commission determines that a member state has defaulted in the performance
of its obligations or responsibilities under this compact or the promulgated rules, the
commission shall:
(1) Provide written notice to the defaulting state and other member states of the
nature of the default, the proposed means of curing the default and any other action
to be taken by the commission; and
(2) Provide remedial training and specific technical assistance regarding the
default. Page 14 - 131LR0429(03)
B. If a state in default fails to cure the default, the defaulting state may be terminated
from the compact upon an affirmative vote of a majority of the member states, and all
rights, privileges and benefits conferred by this compact may be terminated on the
effective date of termination. A cure of the default does not relieve the offending state
of obligations or liabilities incurred during the period of default.
C. Termination of membership in the compact may be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend or
terminate must be given by the commission to the governor, the majority and minority
leaders of the defaulting state's legislature and each of the member states.
D. A state that has been terminated is responsible for all assessments, obligations and
liabilities incurred through the effective date of termination, including obligations that
extend beyond the effective date of termination.
E. The commission may not bear any costs related to a state that is found to be in
default or that has been terminated from the compact, unless agreed upon in writing
between the commission and the defaulting state.
F. The defaulting state may appeal the action of the commission by petitioning the
United States District Court for the District of Columbia or the federal district where
the commission has its principal offices. The prevailing member must be awarded all
costs of that litigation, including reasonable attorney's fees.
3. Dispute resolution. Dispute resolution is governed by this subsection.
A. Upon request by a member state, the commission shall attempt to resolve disputes
related to the compact that arise among member states and between member and
nonmember states.
B. The commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
4. Enforcement. Enforcement of the compact is governed by this subsection.
A. The commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact.
B. By majority vote, the commission may initiate legal action in the United States
District Court for the District of Columbia or the federal district where the commission
has its principal offices against a member state in default to enforce compliance with
the provisions of the compact and its promulgated rules and bylaws. The relief sought
may include both injunctive relief and damages. In the event judicial enforcement is
necessary, the prevailing member must be awarded all costs of that litigation, including
reasonable attorney's fees.
C. The remedies under this subsection are not the exclusive remedies of the
commission. The commission may pursue any other remedies available under federal
or state law.
§18712. Date of implementation of compact; associated rules; withdrawal;
amendment
1. Effective date. The compact takes effect on the date on which the compact statute
is enacted into law in the 10th member state. The provisions of the compact that become Page 15 - 131LR0429(03)
effective at that time are limited to the powers granted to the commission relating to
assembly and the promulgation of rules. After the effective date of the compact, the
commission shall meet and exercise rule-making powers necessary to the implementation
and administration of the compact.
2. Subsequent member states.
commission's initial adoption of the rules is subject to the rules as they exist on the date on
which the compact becomes law in that state. Any rule that has been previously adopted by
the commission has the full force and effect of law on the day the compact becomes law in
that state.
3. Withdrawal. Any member state may withdraw from this compact by enacting a
statute repealing the same.
A. A member state's withdrawal does not take effect until 6 months after enactment of
the repealing statute.
B. Withdrawal does not affect the continuing requirement of the withdrawing state's
physical therapy licensing board to comply with the investigative and adverse action
reporting requirements of this chapter prior to the effective date of withdrawal.
4. Other agreements or arrangements. Nothing contained in this compact may be
construed to invalidate or prevent any physical therapy licensure agreement or other
cooperative arrangement between a member state and a nonmember state that does not
conflict with the provisions of this compact.
5. Amendment. This compact may be amended by the member states. An amendment
to this compact does not become effective and binding upon any member state until it is
enacted into the laws of all member states.
§18713. Construction and severability
This compact may be liberally construed so as to effectuate the purposes thereof. The
provisions of this compact must be severable and if any phrase, clause, sentence or
provision of this compact is declared to be contrary to the constitution of any party state or
of the United States or the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or circumstance is not affected
thereby. If this compact is held contrary to the constitution of any party state, the compact
remains in full force and effect as to the remaining party states and in full force and effect
as to the party state affected as to all severable matters.
Sec. 2. Appropriations and allocations. The following appropriations and
allocations are made.
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF
Administrative Services - Professional and Financial Regulation 0094
Initiative: Provides ongoing funds for the technology and other administrative costs
associated with adding one Comprehensive Health Planner II position to support the
anticipated increase in workload associated with joining the Physical Therapy Licensure
Compact.
OTHER SPECIAL REVENUE FUNDS
2023-24 2024-25 Page 16 - 131LR0429(03)
All Other $0 $2,245
____________________
OTHER SPECIAL REVENUE FUNDS TOTAL
$0 $2,245
Office of Professional and Occupational Regulation 0352
Initiative: Provides ongoing funds for one Comprehensive Health Planner II position and
related All Other costs to support the anticipated increase in workload associated with
joining the Physical Therapy Licensure Compact.
OTHER SPECIAL REVENUE FUNDS
2023-24 2024-25POSITIONS - LEGISLATIVE COUNT 0.000 1.000Personal Services $0 $49,297All Other $0 $12,539
____________________
OTHER SPECIAL REVENUE FUNDS TOTAL
$0 $61,836
PROFESSIONAL AND FINANCIAL
REGULATION, DEPARTMENT OF
DEPARTMENT TOTALS
2023-24 2024-25
OTHER SPECIAL REVENUE FUNDS $0 $64,081
____________________
DEPARTMENT TOTAL - ALL FUNDS
$0 $64,081
Sec. 3. Effective date. This Act takes effect January 1, 2026.