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HOUSE BILL 82
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Elizabeth "Liz" Thomson
AN ACT
RELATING TO PROFESSIONAL LICENSURE; ENACTING THE PHYSICAL
THERAPY LICENSURE COMPACT; AMENDING THE PHYSICAL THERAPY ACT TO
PROVIDE FOR STATE AND FEDERAL CRIMINAL HISTORY BACKGROUND
CHECKS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] PHYSICAL THERAPY LICENSURE
COMPACT ENTERED INTO.--The Physical Therapy Licensure Compact
is entered into law and entered into with all other
jurisdictions legally joining therein in a form substantially
as follows:
"Physical Therapy Licensure Compact
ARTICLE 1 - Purpose
The purpose of the Physical Therapy Licensure Compact is
to facilitate interstate practice of physical therapy with the
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goal of improving public access to physical therapy services.
The practice of physical therapy occurs in the state where the
patient or client is located at the time of the patient or
client encounter. 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:
A. increase public access to physical therapy
services by providing for the mutual recognition of other
member state licenses;
B. enhance the states' ability to protect public
health and safety;
C. encourage the cooperation of member states in
regulating multistate physical therapy practice;
D. support spouses of relocating military members;
E. enhance the exchange of licensure, investigative
and disciplinary information between member states; and
F. allow a remote state to hold a provider of
services with a compact privilege in that state accountable to
that state's practice standards.
ARTICLE 2 - Definitions
As used in the Physical Therapy Licensure Compact, and
except as otherwise provided, the following definitions shall
apply:
A. "active duty military" means full-time duty
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status in the active uniformed service of the United States,
including members of the national guard and reserve on active
duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211;
B. "adverse action" means disciplinary action taken
by a physical therapy licensing board based on misconduct,
unacceptable performance or a combination of both;
C. "alternative program" means a nondisciplinary
monitoring or practice remediation process approved by a
physical therapy licensing board. This includes, but is not
limited to, substance abuse issues;
D. "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 or client is located at the time
of the patient or client encounter;
E. "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;
F. "data system" means a repository of information
about licensees, including examination, licensure,
investigative, compact privilege and adverse action;
G. "encumbered license" means a license that a
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physical therapy licensing board has limited in any way;
H. "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;
I. "home state" means the member state that is the
licensee's primary state of residence;
J. "investigative information" means information,
records and documents received or generated by a physical
therapy licensing board pursuant to an investigation;
K. "jurisprudence requirement" means the assessment
of an individual's knowledge of the laws and rules governing
the practice of physical therapy in a state;
L. "licensee" means an individual who currently
holds an authorization from the state to practice as a physical
therapist or to work as a physical therapist assistant;
M. "member state" means a state that has enacted
the compact;
N. "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;
O. "physical therapist" means an individual who is
licensed by a state to practice physical therapy;
P. "physical therapist assistant" means an
individual who is licensed or certified by a state and who
assists the physical therapist in selected components of
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physical therapy;
Q. "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;
R. "physical therapy compact commission", "compact
commission" or "commission" means the national administrative
body whose membership consists of all states that have enacted
the Physical Therapy Licensure Compact;
S. "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;
T. "remote state" means a member state other than
the home state in which a licensee is exercising or seeking to
exercise the compact privilege;
U. "rule" means a regulation, principle or
directive promulgated by the commission that has the force of
law; and
V. "state" means any state, commonwealth, district
or territory of the United States of America that regulates the
practice of physical therapy.
ARTICLE 3 - State Participation in Compact
A. To participate in the Physical Therapy Licensure
Compact, a state must:
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(1) participate fully in the commission's data
system, including using the commission's unique identifier as
defined in rules;
(2) have a mechanism in place for receiving
and investigating complaints about licensees;
(3) 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;
(4) 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 using the
results in making licensure decisions in accordance with
Subsection B of this article;
(5) comply with the rules of the commission;
(6) use a recognized national examination as a
requirement for licensure pursuant to the rules of the
commission; and
(7) have continuing competence requirements as
a condition for license renewal.
B. Upon adoption of this statute, the member state
shall have 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
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criminal background check in accordance with 28 U.S.C. Section
534 and 42 U.S.C. Section 14616.
C. 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.
D. Member states may charge a fee for granting a
compact privilege.
ARTICLE 4 - Compact Privilege
A. To exercise the compact privilege under the
terms and provisions of the Physical Therapy Licensure Compact,
the licensee shall:
(1) hold a license in the home state;
(2) have no encumbrance on any state license;
(3) be eligible for a compact privilege in any
member state in accordance with Subsections G and H of this
article;
(4) have not had any adverse action against
any license or compact privilege within the previous two years;
(5) notify the commission that the licensee is
seeking the compact privilege within a remote state;
(6) pay applicable fees, including any state
fee, for the compact privilege;
(7) meet jurisprudence requirements
established by the remote states in which the licensee is
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seeking a compact privilege; and
(8) report to the commission adverse action
taken by a nonmember state within thirty days from the date the
adverse action is taken.
B. The compact privilege is valid until the
expiration date of the home license. The licensee must comply
with the requirements of Subsection A of this article to
maintain the compact privilege in the remote state.
C. A licensee providing physical therapy in a
remote state under the compact privilege shall function within
the laws and rules of the remote state.
D. 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 a member state until the specific time for
removal has passed and all fines are paid.
E. If a home state license is encumbered, the
licensee shall lose the compact privilege in any remote state
until the following occur:
(1) the home state license is no longer
encumbered; and
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(2) two years have elapsed from the date of
the adverse action.
F. Once an encumbered license in the home state is
restored to good standing, the licensee must meet the
requirements of Subsection A of this article to obtain a
compact privilege in any remote state.
G. If a licensee's compact privilege in any remote
state is removed, the individual shall lose the compact
privilege in any remote state until the following occur:
(1) the specific period of time for which the
compact privilege was removed has ended;
(2) all fines have been paid; and
(3) two years have elapsed from the date of
the adverse action.
H. Once the requirements of Subsection G of this
article have been met, the licensee must meet the requirements
in Subsection A of this article to obtain a compact privilege
in a remote state.
ARTICLE 5 - 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:
A. home of record;
B. permanent change of station; or
C. state of current residence if it is different
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than the permanent change of station state or home of record.
ARTICLE 6 - Adverse Actions
A. A home state shall have exclusive power to
impose adverse action against a license issued by the home
state.
B. A home state may take adverse action based on
the investigative information of a remote state so long as the
home state follows its own procedures for imposing adverse
action.
C. Nothing in the Physical Therapy Licensure
Compact shall override a member state's decision that
participation in an alternative program may be used in lieu of
adverse action and that such participation shall remain
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.
D. Any member state may investigate actual or
alleged violations of the statutes 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.
E. A remote state shall have the authority to:
(1) take adverse actions as set forth in
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Subsection D of Article 4 of the Physical Therapy Licensure
Compact against a licensee's compact privilege in the state;
(2) 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, shall 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 witness fees, travel expenses, mileage and
other fees required by the service statutes of the state where
the witnesses or evidence are located; and
(3) 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.
F. Joint Investigations
(1) 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.
(2) Member states shall share investigative,
litigation or compliance materials in furtherance of any joint
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or individual investigation initiated under the compact.
ARTICLE 7 - Establishment of the Physical Therapy Compact
Commission
A. The compact member states hereby create and
establish a joint public agency known as the "physical therapy
compact commission".
(1) The commission is an instrumentality of
the compact states.
(2) Venue is proper and judicial proceedings
by or against the commission shall 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.
(3) Nothing in the Physical Therapy Licensure
Compact shall be construed to be a waiver of sovereign
immunity.
B. Membership, Voting and Meetings
(1) Each member state shall have and be
limited to one delegate selected by that member state's
licensing board.
(2) The delegate shall be a current member of
the licensing board, who is a physical therapist, physical
therapist assistant, public member or the board administrator.
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(3) Any delegate may be removed or suspended
from office as provided by the law of the state from which the
delegate is appointed.
(4) The member state board shall fill any
vacancy occurring in the commission.
(5) Each delegate shall be entitled to one
vote with regard to the promulgation of rules and creation of
bylaws and shall otherwise have an opportunity to participate
in the business and affairs of the commission.
(6) 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.
(7) The commission shall meet at least once
during each calendar year. Additional meetings shall be held
as set forth in the bylaws.
C. The commission shall have the following powers
and duties:
(1) establish the fiscal year of the
commission;
(2) establish bylaws;
(3) maintain the commission's financial
records in accordance with the bylaws;
(4) meet and take such actions as are
consistent with the provisions of this compact and the bylaws;
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(5) promulgate uniform rules to facilitate and
coordinate implementation and administration of this compact.
The rules shall have the force and effect of law and shall be
binding in all member states;
(6) bring and prosecute legal proceedings or
actions in the name of the commission; provided that the
standing of any state physical therapy licensing board to sue
or be sued under applicable law shall not be affected;
(7) purchase and maintain insurance and bonds;
(8) borrow, accept or contract for services of
personnel, including, but not limited to, employees of a member
state;
(9) hire employees, elect or appoint officers,
fix compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of the compact
and to establish the commission's personnel policies and
programs relating to conflicts of interest, qualifications of
personnel and other related personnel matters;
(10) accept appropriate donations and grants
of money, equipment, supplies, materials and services and
receive, use and dispose of the same; provided that at all
times the commission shall avoid any appearance of impropriety
or conflict of interest;
(11) lease, purchase, accept appropriate gifts
or donations of, or otherwise own, hold, improve or use, any
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property, real, personal or mixed; provided that at all times
the commission shall avoid any appearance of impropriety;
(12) sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of property real,
personal or mixed;
(13) establish a budget and make expenditures;
(14) borrow money;
(15) 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;
(16) provide and receive information from, and
cooperate with, law enforcement agencies;
(17) establish and elect an executive board;
and
(18) 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.
D. The Executive Board
The executive board shall have the power to act on behalf
of the commission according to the terms of this compact.
(1) The executive board shall be composed of
nine members:
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(a) seven voting members who are elected
by the commission from the current membership of the
commission;
(b) one ex-officio, nonvoting member
from the recognized national physical therapy professional
association; and
(c) one ex-officio, nonvoting member
from the recognized membership organization of the physical
therapy licensing boards.
(2) The ex-officio members will be selected by
their respective organizations.
(3) The commission may remove a member of the
executive board as provided in bylaws.
(4) The executive board shall meet at least
annually.
(5) The executive board shall have the
following duties and responsibilities:
(a) 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;
(b) ensure that compact administration
services are appropriately provided, contractual or otherwise;
(c) prepare and recommend the budget;
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(d) maintain financial records on behalf
of the commission;
(e) monitor compact compliance of member
states and provide compliance reports to the commission;
(f) establish additional committees as
necessary; and
(g) perform other duties as provided in
rules or bylaws.
E. Meetings of the Commission
(1) All meetings shall be open to the public,
and public notice of meetings shall be given in the same manner
as required under the rulemaking provisions in Article 9 of the
Physical Therapy Licensure Compact.
(2) 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:
(a) noncompliance of a member state with
its obligations under the compact;
(b) 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;
(c) current, threatened or reasonably
anticipated litigation;
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(d) negotiation of contracts for the
purchase, lease or sale of goods, services or real estate;
(e) accusation of any person of a crime
or formally censuring any person;
(f) disclosure of trade secrets or
commercial or financial information that is privileged or
confidential;
(g) disclosure of information of a
personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
(h) disclosure of investigative records
compiled for law enforcement purposes;
(i) 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
(j) matters specifically exempted from
disclosure by federal or member state statute.
(3) If a meeting or portion of a meeting is
closed pursuant to this provision, the commission's legal
counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exempting provision.
(4) The commission shall keep minutes that
fully and clearly describe all matters discussed in a meeting
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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 shall be identified in the minutes. All minutes and
documents of a closed meeting shall remain under seal, subject
to release by a majority vote of the commission or order of a
court of competent jurisdiction.
F. Financing of the Commission
(1) The commission shall pay or provide for
the payment of the reasonable expenses of its establishment,
organization and ongoing activities.
(2) The commission may accept any and all
appropriate revenue sources, donations and grants of money,
equipment, supplies, materials and services.
(3) The commission may levy 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 shall be allocated based
upon a formula to be determined by the commission, which shall
promulgate a rule binding upon all member states.
(4) The commission shall not incur obligations
of any kind prior to securing the funds adequate to meet the
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same; nor shall the commission pledge the credit of any of the
member states, except by and with the authority of the member
state.
(5) The commission shall keep accurate
accounts of all receipts and disbursements. The receipts and
disbursements of the commission shall be subject to the audit
and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the
commission shall be audited yearly by a certified or licensed
public accountant, and the report of the audit shall be
included in and become part of the annual report of the
commission.
G. Qualified Immunity, Defense and Indemnification
(1) The members, officers, executive director,
employees and representatives of the commission shall be 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; provided
that nothing in this paragraph shall 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
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wanton misconduct of that person.
(2) 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;
provided that nothing in this paragraph shall be construed to
prohibit that person from retaining that person's own counsel;
and provided further that the actual or alleged act, error or
omission did not result from that person's intentional or
willful or wanton misconduct.
(3) 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; provided that the actual or alleged
act, error or omission did not result from the intentional or
willful or wanton misconduct of that person.
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ARTICLE 8 - Data System
A. The commission shall provide for the
development, maintenance and use of a coordinated database and
reporting system containing licensure, adverse action and
investigative information on all licensed individuals in member
states.
B. 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 individuals to whom the Physical
Therapy Licensure Compact is applicable as required by the
rules of the commission, including:
(1) identifying information;
(2) licensure data;
(3) adverse actions against a license or
compact privilege;
(4) nonconfidential information related to
alternative program participation;
(5) any denial of application for licensure
and the reasons for such denial; and
(6) other information that may facilitate the
administration of this compact, as determined by the rules of
the commission.
C. Investigative information pertaining to a
licensee in any member state shall be available only to other
party states.
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D. 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 shall be available
to any other member state.
E. 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.
F. Any information submitted to the data system
that is subsequently required to be expunged by the laws of the
member state contributing the information shall be removed from
the data system.
ARTICLE 9 - Rulemaking
A. The commission shall exercise its rulemaking
powers pursuant to the criteria set forth in this article and
the rules adopted pursuant to the Physical Therapy Licensure
Compact. Rules and amendments shall become binding as of the
date specified in each rule or amendment.
B. If a majority of the legislatures of the member
states rejects a rule, by enactment of a statute or resolution
in the same manner used to adopt the compact within four years
of the date of adoption of the rule, then such rule shall have
no further force and effect in any member state.
C. Rules or amendments to the rules shall be
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adopted at a regular or special meeting of the commission.
D. Prior to promulgation and adoption of a final
rule or rules by the commission, and at least thirty 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 on the websites of:
(1) the commission or other publicly
accessible platform; and
(2) each member state physical therapy
licensing board or other publicly accessible platform or the
publication in which each state would otherwise publish
proposed rules.
E. The notice of proposed rulemaking shall include:
(1) the proposed time, date and location of
the meeting in which the rule will be considered and voted
upon;
(2) the text of the proposed rule or amendment
and the reason for the proposed rule;
(3) a request for comments on the proposed
rule from any interested person; and
(4) the manner in which interested persons may
submit notice to the commission of their intention to attend
the public hearing and any written comments.
F. Prior to adoption of a proposed rule, the
commission shall allow persons to submit written data, facts,
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opinions and arguments that shall be made available to the
public.
G. The commission shall grant an opportunity for a
public hearing before it adopts a rule or amendment if a
hearing is requested by:
(1) at least twenty-five persons;
(2) a state or federal governmental
subdivision or agency; or
(3) an association having at least twenty-five
members.
H. 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.
(1) All persons wishing to be heard at the
hearing shall notify in writing the executive director of the
commission or other designated member of their desire to appear
and testify at the hearing not less than five business days
before the scheduled date of the hearing.
(2) Hearings shall be conducted in a manner
that provides each person who wishes to comment a fair and
reasonable opportunity to comment orally or in writing.
(3) All hearings shall be recorded. A copy of
the recording shall be made available on request.
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(4) Nothing in this article shall 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 article.
I. 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.
J. If no written notice of intent to attend the
public hearing by interested parties is received, the
commission may proceed with promulgation of the proposed rule
without a public hearing.
K. The commission, by majority vote of all members,
shall take final action on the proposed rule and shall
determine the effective date of the rule, if any, based on the
rulemaking record and the full text of the rule.
L. Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule without
prior notice, opportunity for comment or hearing; provided that
the usual rulemaking procedures provided in the compact and in
this article shall be retroactively applied to the rule as soon
as reasonably possible, in no event later than ninety days
after the effective date of the rule. For the purposes of this
provision, an emergency rule is one that must be adopted
immediately in order to:
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(1) meet an imminent threat to public health,
safety or welfare;
(2) prevent a loss of commission or member
state funds;
(3) meet a deadline for the promulgation of an
administrative rule that is established by federal law or rule;
or
(4) protect public health and safety.
M. 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 shall be posted on the website
of the commission. The revision shall be subject to challenge
by any person for a period of thirty days after posting. The
revision may be challenged only on grounds that the revision
results in a material change to a rule. A challenge shall 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 shall take effect without further action.
If the revision is challenged, the revision shall not take
effect without the approval of the commission.
ARTICLE 10 - Oversight, Dispute Resolution and Enforcement
A. Oversight
(1) The executive, legislative and judicial
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branches of state government in each member state shall enforce
the Physical Therapy Licensure Compact and take all actions
necessary and appropriate to effectuate the compact's purposes
and intent. The provisions of the compact and the rules
promulgated pursuant to the compact shall have standing as
statutory law.
(2) 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 the compact that may affect the powers, responsibilities or
actions of the commission.
(3) The commission shall be entitled to
receive service of process in any such proceeding and shall
have standing to intervene in such a proceeding for all
purposes. Failure to provide service of process to the
commission shall render a judgment or order void as to the
commission, the compact or promulgated rules.
B. Default, Technical Assistance and Termination
(1) If the commission determines that a member
state has defaulted in the performance of its obligations or
responsibilities under the compact or the promulgated rules,
the commission shall provide:
(a) written notice to the defaulting
state and other member states of the nature of the default, the
proposed means of curing the default or any other action to be
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taken by the commission; and
(b) remedial training and specific
technical assistance regarding the default.
(2) If a member 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 member state of obligations or liabilities incurred
during the period of default.
(3) Termination of membership in the compact
shall be imposed only after all other means of securing
compliance have been exhausted. Notice of intent to suspend or
terminate shall be given by the commission to the governor, the
majority and minority leaders of the defaulting member state's
legislature and each of the member states.
(4) A member 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.
(5) The commission shall not bear any costs
related to a member state that is found to be in default or
that has been terminated from the compact, unless agreed upon
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in writing between the commission and the defaulting state.
(6) The defaulting member 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 shall be awarded all costs of such
litigation, including reasonable attorney fees.
C. Dispute Resolution
(1) 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.
(2) The commission shall promulgate a rule
providing for both mediation and binding dispute resolution for
disputes as appropriate.
D. Enforcement
(1) The commission, in the reasonable exercise
of its discretion, shall enforce the provisions and rules of
the compact.
(2) 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
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sought may include both injunctive relief and damages. In the
event that judicial enforcement is necessary, the prevailing
member shall be awarded all costs of such litigation, including
reasonable attorney fees.
(3) The remedies provided in this article
shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under
federal or state law.
ARTICLE 11 - Date of Implementation of the Interstate
Commission for Physical Therapy Practice and
Associated Rules, Withdrawal and Amendment
A. The Physical Therapy Licensure Compact shall
come into effect on the date on which the compact statute is
enacted into law in the tenth member state. The provisions,
which become effective at that time, shall be limited to the
powers granted to the commission relating to assembly and the
promulgation of rules. Thereafter, the commission shall meet
and exercise rulemaking powers necessary to the implementation
and administration of the compact.
B. Any state that joins the compact subsequent to
the commission's initial adoption of the rules shall be 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 shall have the full force and effect
of law on the day the compact becomes law in that state.
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C. Any member state may withdraw from this compact
by enacting a statute repealing the compact.
(1) A member state's withdrawal shall not take
effect until six months after enactment of the repealing
statute.
(2) Withdrawal shall not affect the continuing
requirement of the withdrawing member state's physical therapy
licensing board to comply with the investigative and adverse
action reporting requirements of this compact prior to the
effective date of withdrawal.
D. Nothing contained in the compact shall 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 the compact.
E. The compact may be amended by the member states.
No amendment to the compact shall become effective and binding
upon any member state until it is enacted into the laws of all
member states.
ARTICLE 12 - Construction and Severability
The Physical Therapy Licensure Compact shall be liberally
construed so as to effectuate its purposes. The provisions of
the compact shall be severable, and if any phrase, clause,
sentence or provision of the compact is declared to be contrary
to the constitution of any party state or of the United States
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or its applicability to any government, agency, person or
circumstance is held invalid, the validity of the remainder of
the compact and its applicability to any government, agency,
person or circumstance shall not be affected. If the compact
shall be held contrary to the constitution of any party state,
the compact shall remain 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.".
SECTION 2. Section 61-12D-5 NMSA 1978 (being Laws 1997,
Chapter 89, Section 5, as amended) is amended to read:
"61-12D-5. POWERS AND DUTIES--CRIMINAL HISTORY BACKGROUND
CHECKS.--
A. The board:
[A.] (1) shall examine all applicants for
licensure to practice physical therapy and issue licenses or
permits to those who are duly qualified;
[B.] (2) shall regulate the practice of
physical therapy by interpreting and enforcing the provisions
of the Physical Therapy Act;
[C.] (3) may promulgate rules in accordance
with the State Rules Act to carry out the provisions of the
Physical Therapy Act;
[D.] (4) may meet as often as it deems
necessary. A majority of the members constitutes a quorum for
the transaction of business. The board shall keep an official
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record of all its proceedings;
[E.] (5) may establish requirements for
assessing continuing competency;
[F.] (6) may collect fees;
[G.] (7) may elect such officers as it deems
necessary for the operations and obligations of the board.
Terms of office shall be one year;
[H.] (8) shall provide for the timely
orientation and training of new professional and public
appointees to the board, including training in licensing and
disciplinary procedures and orientation to all statutes, rules,
policies and procedures of the board;
[I.] (9) may establish ad hoc committees and
pay per diem and mileage to the members;
[J.] (10) may enter into contracts;
[K.] (11) may deny, suspend or revoke a
license or take other disciplinary action in accordance with
the Uniform Licensing Act;
[L.] (12) shall report final disciplinary
action taken against a physical therapist or physical therapist
assistant to the national disciplinary database;
[M.] (13) shall publish at least annually
final disciplinary action taken against any physical therapist
or physical therapist assistant; [and
N.] (14) may prescribe the forms of license
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certificates, application forms and such other documents as it
deems necessary to carry out the provisions of the Physical
Therapy Act; and
(15) shall prescribe procedures, forms and
manner of submitting an applicant's full set of fingerprints
for state and federal criminal history background reports that
the board uses to evaluate the applicant's qualification for
licensure.
B. The board shall require an applicant, as a
condition of eligibility for initial licensure, to submit a
full set of fingerprints to the department of public safety to
obtain state and national criminal history record information
on the applicant. State and national criminal history record
reports are confidential and not public records. The board
shall not disseminate criminal history record information
across state lines."
SECTION 3. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect immediately.
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