| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2023 -- H 5076 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC000153 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S TATE OF RHODE IS LAND |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO BUSINESSES AND PROFESSIONS -- RHODE ISLAND PHYSICA L |
|---|
| 16 | 16 | | THERAPIST LICENSURE COMPACT ACT |
|---|
| 17 | 17 | | Introduced By: Representatives McGaw, Bennett, Speakman, Potter, Ajello, Kislak, |
|---|
| 18 | 18 | | Tanzi, Cotter, Stewart, and Felix |
|---|
| 19 | 19 | | Date Introduced: January 12, 2023 |
|---|
| 20 | 20 | | Referred To: House Corporations |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | |
|---|
| 23 | 23 | | It is enacted by the General Assembly as follows: |
|---|
| 24 | 24 | | SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" 1 |
|---|
| 25 | 25 | | is hereby amended by adding thereto the following chapter: 2 |
|---|
| 26 | 26 | | CHAPTER 40.2 3 |
|---|
| 27 | 27 | | RHODE ISLAND PHYSICAL THERAPIST LICENSURE COMPACT 4 |
|---|
| 28 | 28 | | 5-40.2-1. Short title. 5 |
|---|
| 29 | 29 | | This chapter shall be known and may be cited as the "Rhode Island Physical Therapist 6 |
|---|
| 30 | 30 | | Licensure Compact Act." 7 |
|---|
| 31 | 31 | | 5-40.2-2. Purpose. 8 |
|---|
| 32 | 32 | | (a) The purpose of the physical therapist licensure compact is to facilitate interstate practice 9 |
|---|
| 33 | 33 | | of physical therapy with the goal of improving public access to physical therapy services. The 10 |
|---|
| 34 | 34 | | practice of physical therapy occurs in the state where the patient/client is located at the time of the 11 |
|---|
| 35 | 35 | | patient/client encounter. The compact preserves the regulatory authority of the state to protect 12 |
|---|
| 36 | 36 | | public health and safety through the current system of state licensure. The compact is designed to 13 |
|---|
| 37 | 37 | | achieve the following objectives: 14 |
|---|
| 38 | 38 | | (1) Increase public access to physical therapy services by providing for the mutual 15 |
|---|
| 39 | 39 | | recognition of other member state licenses; 16 |
|---|
| 40 | 40 | | (2) Enhance the states’ ability to protect the public’s health and safety; 17 |
|---|
| 41 | 41 | | (3) Encourage the cooperation of member states in regulating multi-state physical therapy 18 |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | LC000153 - Page 2 of 17 |
|---|
| 45 | 45 | | practice; 1 |
|---|
| 46 | 46 | | (4) Support spouses of relocating military members; 2 |
|---|
| 47 | 47 | | (5) Enhance the exchange of licensure, investigative, and disciplinary information between 3 |
|---|
| 48 | 48 | | member states; and 4 |
|---|
| 49 | 49 | | (6) Allow a remote state to hold a provider of services with a compact privilege in that state 5 |
|---|
| 50 | 50 | | accountable to that state’s practice standards. 6 |
|---|
| 51 | 51 | | 5-40.2-3. Definitions. 7 |
|---|
| 52 | 52 | | As used in this compact, and except as otherwise provided, the following definitions shall 8 |
|---|
| 53 | 53 | | apply: 9 |
|---|
| 54 | 54 | | (1) "Active duty military" means full-time duty status in the active uniformed service of 10 |
|---|
| 55 | 55 | | the United States, including members of the National Guard and reserve on active duty orders 11 |
|---|
| 56 | 56 | | pursuant to 10 U.S.C. Sections 1209 and 1211. 12 |
|---|
| 57 | 57 | | (2) "Adverse action" means disciplinary action taken by a physical therapy licensing board 13 |
|---|
| 58 | 58 | | based upon misconduct, unacceptable performance, or a combination of both. 14 |
|---|
| 59 | 59 | | (3) "Alternative program" means a non-disciplinary monitoring or practice remediation 15 |
|---|
| 60 | 60 | | process approved by a physical therapy licensing board, which includes, but is not limited to, 16 |
|---|
| 61 | 61 | | substance abuse issues. 17 |
|---|
| 62 | 62 | | (4) "Compact privilege" means the authorization granted by a remote state to allow a 18 |
|---|
| 63 | 63 | | licensee from another member state to practice as a physical therapist or work as a physical therapist 19 |
|---|
| 64 | 64 | | assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the 20 |
|---|
| 65 | 65 | | member state where the patient/client is located at the time of the patient/client encounter. 21 |
|---|
| 66 | 66 | | (5) "Continuing competence" means a requirement, as a condition of license renewal, to 22 |
|---|
| 67 | 67 | | provide evidence of participation in, and/or completion of, educational and professional activities 23 |
|---|
| 68 | 68 | | relevant to practice or area of work. 24 |
|---|
| 69 | 69 | | (6) "Data system" means a repository of information about licensees, including 25 |
|---|
| 70 | 70 | | examination, licensure, investigative, compact privilege, and adverse action. 26 |
|---|
| 71 | 71 | | (7) "Encumbered license" means a license that a physical therapy licensing board has 27 |
|---|
| 72 | 72 | | limited in any way. 28 |
|---|
| 73 | 73 | | (8) "Executive board" means a group of directors elected or appointed to act on behalf of, 29 |
|---|
| 74 | 74 | | and within the powers granted to them by, the commission. 30 |
|---|
| 75 | 75 | | (9) "Home state" means the member state that is the licensee’s primary state of residence. 31 |
|---|
| 76 | 76 | | (10) "Investigative information" means information, records, and documents received or 32 |
|---|
| 77 | 77 | | generated by a physical therapy licensing board pursuant to an investigation. 33 |
|---|
| 78 | 78 | | (11) "Jurisprudence requirement" means the assessment of an individual’s knowledge of 34 |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | |
|---|
| 81 | 81 | | LC000153 - Page 3 of 17 |
|---|
| 82 | 82 | | the laws and rules governing the practice of physical therapy in a state. 1 |
|---|
| 83 | 83 | | (12) "Licensee" means an individual who currently holds an authorization from the state to 2 |
|---|
| 84 | 84 | | practice as a physical therapist or to work as a physical therapist assistant. 3 |
|---|
| 85 | 85 | | (13) "Member state" means a state that has enacted the compact. 4 |
|---|
| 86 | 86 | | (14) "Party state" means any member state in which a licensee holds a current license or 5 |
|---|
| 87 | 87 | | compact privilege or is applying for a license or compact privilege. 6 |
|---|
| 88 | 88 | | (15) "Physical therapist" means an individual who is licensed by a state to practice physical 7 |
|---|
| 89 | 89 | | therapy. 8 |
|---|
| 90 | 90 | | (16) "Physical therapist assistant" means an individual who is licensed/certified by a state 9 |
|---|
| 91 | 91 | | and who assists the physical therapist in selected components of physical therapy. 10 |
|---|
| 92 | 92 | | (17) "Physical therapy," "physical therapy practice," and "the practice of physical therapy" 11 |
|---|
| 93 | 93 | | mean the care and services provided by or under the direction and supervision of a licensed physical 12 |
|---|
| 94 | 94 | | therapist. 13 |
|---|
| 95 | 95 | | (18) "Physical therapy compact" means the formal compact authorized in this chapter. 14 |
|---|
| 96 | 96 | | (19) "Physical therapy compact commission" or "commission" means the national 15 |
|---|
| 97 | 97 | | administrative body whose membership consists of all states that have enacted the compact. 16 |
|---|
| 98 | 98 | | (20) "Physical therapy licensing board" or "licensing board" means the agency of a state 17 |
|---|
| 99 | 99 | | that is responsible for the licensing and regulation of physical therapists and physical therapist 18 |
|---|
| 100 | 100 | | assistants. 19 |
|---|
| 101 | 101 | | (21) "Remote state" means a member state other than the home state, where a licensee is 20 |
|---|
| 102 | 102 | | exercising or seeking to exercise the compact privilege. 21 |
|---|
| 103 | 103 | | (22) "Rule" means a regulation, principle, or directive promulgated by the commission that 22 |
|---|
| 104 | 104 | | has the force of law. 23 |
|---|
| 105 | 105 | | (23) "State" means any state, commonwealth, district, or territory of the United States of 24 |
|---|
| 106 | 106 | | America that regulates the practice of physical therapy. 25 |
|---|
| 107 | 107 | | 5-40.2-4. State participation in the compact. 26 |
|---|
| 108 | 108 | | (a) To participate in the compact, a state shall: 27 |
|---|
| 109 | 109 | | (1) Participate fully in the commission’s data system, including using the commission’s 28 |
|---|
| 110 | 110 | | unique identifier as defined in rules; 29 |
|---|
| 111 | 111 | | (2) Have a mechanism in place for receiving and investigating complaints about licensees; 30 |
|---|
| 112 | 112 | | (3) Notify the commission, in compliance with the terms of the compact and rules, of any 31 |
|---|
| 113 | 113 | | adverse action or the availability of investigative information regarding a licensee; 32 |
|---|
| 114 | 114 | | (4) Fully implement a criminal background check requirement, within a time frame 33 |
|---|
| 115 | 115 | | established by rule, by receiving the results of the Federal Bureau of Investigation record search on 34 |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | LC000153 - Page 4 of 17 |
|---|
| 119 | 119 | | criminal background checks and use the results in making licensure decisions in accordance with 1 |
|---|
| 120 | 120 | | subsection (b) of this section; 2 |
|---|
| 121 | 121 | | (5) Comply with the rules of the commission; 3 |
|---|
| 122 | 122 | | (6) Utilize a recognized national examination as a requirement for licensure pursuant to the 4 |
|---|
| 123 | 123 | | rules of the commission; and 5 |
|---|
| 124 | 124 | | (7) Have continuing competence requirements as a condition for license renewal. 6 |
|---|
| 125 | 125 | | (b) Upon adoption of this statute, the member state shall have the authority to obtain 7 |
|---|
| 126 | 126 | | biometric-based information from each physical therapy licensure applicant and submit this 8 |
|---|
| 127 | 127 | | information to the Federal Bureau of Investigation for a criminal background check in accordance 9 |
|---|
| 128 | 128 | | with 28 U.S.C. § 534 and 34 U.S.C. § 40316. 10 |
|---|
| 129 | 129 | | (c) A member state shall grant the compact privilege to a licensee holding a valid 11 |
|---|
| 130 | 130 | | unencumbered license in another member state in accordance with the terms of the compact and 12 |
|---|
| 131 | 131 | | rules. 13 |
|---|
| 132 | 132 | | (d) Member states may charge a fee for granting a compact privilege. 14 |
|---|
| 133 | 133 | | 5-40.2-5. Compact privilege. 15 |
|---|
| 134 | 134 | | (a) To exercise the compact privilege under the terms and provisions of the compact, the 16 |
|---|
| 135 | 135 | | licensee shall: 17 |
|---|
| 136 | 136 | | (1) Hold a license in the home state; 18 |
|---|
| 137 | 137 | | (2) Have no encumbrance on any state license; 19 |
|---|
| 138 | 138 | | (3) Be eligible for a compact privilege in any member state in accordance with subsections 20 |
|---|
| 139 | 139 | | (d), (g), and (h) of this section; 21 |
|---|
| 140 | 140 | | (4) Have not had any adverse action against any license or compact privilege within the 22 |
|---|
| 141 | 141 | | previous two (2) years; 23 |
|---|
| 142 | 142 | | (5) Notify the commission that the licensee is seeking the compact privilege within a 24 |
|---|
| 143 | 143 | | remote state(s); 25 |
|---|
| 144 | 144 | | (6) Pay any applicable fees, including any state fee, for the compact privilege; 26 |
|---|
| 145 | 145 | | (7) Meet any jurisprudence requirements established by the remote state(s) in which the 27 |
|---|
| 146 | 146 | | licensee is seeking a compact privilege; and 28 |
|---|
| 147 | 147 | | (8) Report to the commission adverse action taken by any non-member state within thirty 29 |
|---|
| 148 | 148 | | (30) days from the date the adverse action is taken. 30 |
|---|
| 149 | 149 | | (b) The compact privilege is valid until the expiration date of the home license. The licensee 31 |
|---|
| 150 | 150 | | shall comply with the requirements of subsection (a) of this section to maintain the compact 32 |
|---|
| 151 | 151 | | privilege in the remote state. 33 |
|---|
| 152 | 152 | | (c) A licensee providing physical therapy in a remote state under the compact privilege 34 |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | |
|---|
| 155 | 155 | | LC000153 - Page 5 of 17 |
|---|
| 156 | 156 | | shall function within the laws and regulations of the remote state. 1 |
|---|
| 157 | 157 | | (d) A licensee providing physical therapy in a remote state is subject to that state’s 2 |
|---|
| 158 | 158 | | regulatory authority. A remote state may, in accordance with due process and that state’s laws, 3 |
|---|
| 159 | 159 | | remove a licensee’s compact privilege in the remote state for a specific period of time, impose 4 |
|---|
| 160 | 160 | | fines, and/or take any other necessary actions to protect the health and safety of its citizens. The 5 |
|---|
| 161 | 161 | | licensee is not eligible for a compact privilege in any state until the specific time for removal has 6 |
|---|
| 162 | 162 | | passed and all fines are paid. 7 |
|---|
| 163 | 163 | | (e) If a home state license is encumbered, the licensee shall lose the compact privilege in 8 |
|---|
| 164 | 164 | | any remote state until the following occur: 9 |
|---|
| 165 | 165 | | (1) The home state license is no longer encumbered; and 10 |
|---|
| 166 | 166 | | (2) Two (2) years have elapsed from the date of the adverse action. 11 |
|---|
| 167 | 167 | | (f) Once an encumbered license in the home state is restored to good standing, the licensee 12 |
|---|
| 168 | 168 | | shall meet the requirements of subsection (a) of this section to obtain a compact privilege in any 13 |
|---|
| 169 | 169 | | remote state. 14 |
|---|
| 170 | 170 | | (g) If a licensee’s compact privilege in any remote state is removed, the individual shall 15 |
|---|
| 171 | 171 | | lose the compact privilege in any remote state until the following occur: 16 |
|---|
| 172 | 172 | | (1) The specific period of time for which the compact privilege was removed has ended; 17 |
|---|
| 173 | 173 | | (2) All fines have been paid; and 18 |
|---|
| 174 | 174 | | (3) Two (2) years have elapsed from the date of the adverse action. 19 |
|---|
| 175 | 175 | | (h) Once the requirements of subsection (g) of this section have been met, the licensee shall 20 |
|---|
| 176 | 176 | | meet the requirements in subsection (a) of this section to obtain a compact privilege in a remote 21 |
|---|
| 177 | 177 | | state. 22 |
|---|
| 178 | 178 | | 5-40.2-6. Active duty military personnel or their spouses. 23 |
|---|
| 179 | 179 | | A licensee who is active duty military or is the spouse of an individual who is active duty 24 |
|---|
| 180 | 180 | | military may designate one of the following as the home state: 25 |
|---|
| 181 | 181 | | (1) Home of record; 26 |
|---|
| 182 | 182 | | (2) Permanent change of station (PCS); or 27 |
|---|
| 183 | 183 | | (3) State of current residence if it is different than the PCS state or home of record. 28 |
|---|
| 184 | 184 | | 5-40.2-7. Adverse actions. 29 |
|---|
| 185 | 185 | | (a) A home state shall have exclusive power to impose adverse action against a license 30 |
|---|
| 186 | 186 | | issued by the home state. 31 |
|---|
| 187 | 187 | | (b) A home state may take adverse action based on the investigative information of a 32 |
|---|
| 188 | 188 | | remote state, as long as the home state follows its own procedures for imposing adverse action. 33 |
|---|
| 189 | 189 | | (c) Nothing in this compact shall override a member state’s decision that participation in 34 |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | |
|---|
| 192 | 192 | | LC000153 - Page 6 of 17 |
|---|
| 193 | 193 | | an alternative program may be used in lieu of adverse action and that such participation shall remain 1 |
|---|
| 194 | 194 | | non-public if required by the member state’s laws. Member states shall require licensees who enter 2 |
|---|
| 195 | 195 | | any alternative programs in lieu of discipline to agree not to practice in any other member state 3 |
|---|
| 196 | 196 | | during the term of the alternative program without prior authorization from such other member 4 |
|---|
| 197 | 197 | | state. 5 |
|---|
| 198 | 198 | | (d) Any member state may investigate actual or alleged violations of the statutes and rules 6 |
|---|
| 199 | 199 | | authorizing the practice of physical therapy in any other member state in which a physical therapist 7 |
|---|
| 200 | 200 | | or physical therapist assistant holds a license or compact privilege. 8 |
|---|
| 201 | 201 | | (e) A remote state shall have the authority to: 9 |
|---|
| 202 | 202 | | (1) Take adverse actions as set forth in § 5-40.2-5(d) against a licensee’s compact privilege 10 |
|---|
| 203 | 203 | | in the state; 11 |
|---|
| 204 | 204 | | (2) Issue subpoenas for both hearings and investigations that require the attendance and 12 |
|---|
| 205 | 205 | | testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy 13 |
|---|
| 206 | 206 | | licensing board in a party state for the attendance and testimony of witnesses, and/or the production 14 |
|---|
| 207 | 207 | | of evidence from another party state, shall be enforced in the latter state by any court of competent 15 |
|---|
| 208 | 208 | | jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in 16 |
|---|
| 209 | 209 | | proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, 17 |
|---|
| 210 | 210 | | mileage, and other fees required by the service statutes of the state where the witnesses and/or 18 |
|---|
| 211 | 211 | | evidence are located; and 19 |
|---|
| 212 | 212 | | (3) If otherwise permitted by state law, recover from the licensee the costs of investigations 20 |
|---|
| 213 | 213 | | and disposition of cases resulting from any adverse action taken against that licensee. 21 |
|---|
| 214 | 214 | | (f) Joint Investigations: 22 |
|---|
| 215 | 215 | | (1) In addition to the authority granted to a member state by its respective physical therapy 23 |
|---|
| 216 | 216 | | practice act or other applicable state law, a member state may participate with other member states 24 |
|---|
| 217 | 217 | | in joint investigations of licensees. 25 |
|---|
| 218 | 218 | | (2) Member states shall share any investigative, litigation, or compliance materials in 26 |
|---|
| 219 | 219 | | furtherance of any joint or individual investigation initiated under the compact. 27 |
|---|
| 220 | 220 | | 5-40.2-8. Establishment of the physical therapy compact commission. 28 |
|---|
| 221 | 221 | | (a) The compact member states hereby create and establish a joint public agency known as 29 |
|---|
| 222 | 222 | | the physical therapy compact commission: 30 |
|---|
| 223 | 223 | | (1) The commission is an instrumentality of the compact states. 31 |
|---|
| 224 | 224 | | (2) Venue is proper and judicial proceedings by or against the commission shall be brought 32 |
|---|
| 225 | 225 | | solely and exclusively in a court of competent jurisdiction where the principal office of the 33 |
|---|
| 226 | 226 | | commission is located. The commission may waive venue and jurisdictional defenses to the extent 34 |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | |
|---|
| 229 | 229 | | LC000153 - Page 7 of 17 |
|---|
| 230 | 230 | | it adopts or consents to participate in alternative dispute resolution proceedings. 1 |
|---|
| 231 | 231 | | (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity. 2 |
|---|
| 232 | 232 | | (b) Membership, voting, and meetings: 3 |
|---|
| 233 | 233 | | (1) Each member state shall have and be limited to one delegate selected by that member 4 |
|---|
| 234 | 234 | | state’s licensing board. 5 |
|---|
| 235 | 235 | | (2) The delegate shall be a current member of the licensing board, who is a physical 6 |
|---|
| 236 | 236 | | therapist, physical therapist assistant, public member, or the board administrator. 7 |
|---|
| 237 | 237 | | (3) Any delegate may be removed or suspended from office as provided by the law of the 8 |
|---|
| 238 | 238 | | state from which the delegate is appointed. 9 |
|---|
| 239 | 239 | | (4) The member state board shall fill any vacancy occurring in the commission. 10 |
|---|
| 240 | 240 | | (5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and 11 |
|---|
| 241 | 241 | | creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs 12 |
|---|
| 242 | 242 | | of the commission. 13 |
|---|
| 243 | 243 | | (6) A delegate shall vote in person or by such other means as provided in the bylaws. The 14 |
|---|
| 244 | 244 | | bylaws may provide for delegates’ participation in meetings by telephone or other means of 15 |
|---|
| 245 | 245 | | communication. 16 |
|---|
| 246 | 246 | | (7) The commission shall meet at least once during each calendar year. 17 |
|---|
| 247 | 247 | | (8) Additional meetings shall be held as set forth in the bylaws. 18 |
|---|
| 248 | 248 | | (c) The commission shall have the following powers and duties: 19 |
|---|
| 249 | 249 | | (1) Establish the fiscal year of the commission; 20 |
|---|
| 250 | 250 | | (2) Establish bylaws; 21 |
|---|
| 251 | 251 | | (3) Maintain its financial records in accordance with the bylaws; 22 |
|---|
| 252 | 252 | | (4) Meet and take such actions as are consistent with the provisions of this compact and 23 |
|---|
| 253 | 253 | | the bylaws; 24 |
|---|
| 254 | 254 | | (5) Promulgate uniform rules to facilitate and coordinate implementation and 25 |
|---|
| 255 | 255 | | administration of this compact. The rules shall have the force and effect of law and shall be binding 26 |
|---|
| 256 | 256 | | in all member states; 27 |
|---|
| 257 | 257 | | (6) Bring and prosecute legal proceedings or actions in the name of the commission, 28 |
|---|
| 258 | 258 | | provided that the standing of any state physical therapy licensing board to sue or be sued under 29 |
|---|
| 259 | 259 | | applicable law shall not be affected; 30 |
|---|
| 260 | 260 | | (7) Purchase and maintain insurance and bonds; 31 |
|---|
| 261 | 261 | | (8) Borrow, accept, or contract for services of personnel, including, but not limited to, 32 |
|---|
| 262 | 262 | | employees of a member state; 33 |
|---|
| 263 | 263 | | (9) Hire employees, elect or appoint officers, fix compensation, define duties, grant such 34 |
|---|
| 264 | 264 | | |
|---|
| 265 | 265 | | |
|---|
| 266 | 266 | | LC000153 - Page 8 of 17 |
|---|
| 267 | 267 | | individuals appropriate authority to carry out the purposes of the compact, and to establish the 1 |
|---|
| 268 | 268 | | commission’s personnel policies and programs relating to conflicts of interest, qualifications of 2 |
|---|
| 269 | 269 | | personnel, and other related personnel matters; 3 |
|---|
| 270 | 270 | | (10) Accept any and all appropriate donations and grants of money, equipment, supplies, 4 |
|---|
| 271 | 271 | | materials and services, and to receive, utilize and dispose of the same; provided that, at all times 5 |
|---|
| 272 | 272 | | the commission shall avoid any appearance of impropriety and/or conflict of interest; 6 |
|---|
| 273 | 273 | | (11) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, 7 |
|---|
| 274 | 274 | | improve or use, any property, real, personal or mixed; provided that, at all times the commission 8 |
|---|
| 275 | 275 | | shall avoid any appearance of impropriety; 9 |
|---|
| 276 | 276 | | (12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any 10 |
|---|
| 277 | 277 | | property real, personal, or mixed; 11 |
|---|
| 278 | 278 | | (13) Establish a budget and make expenditures; 12 |
|---|
| 279 | 279 | | (14) Borrow money; 13 |
|---|
| 280 | 280 | | (15) Appoint committees, including standing committees composed of members, state 14 |
|---|
| 281 | 281 | | regulators, state legislators or their representatives, and consumer representatives, and such other 15 |
|---|
| 282 | 282 | | interested persons as may be designated in this compact and the bylaws; 16 |
|---|
| 283 | 283 | | (16) Provide and receive information from, and cooperate with, law enforcement agencies; 17 |
|---|
| 284 | 284 | | (17) Establish and elect an executive board; and 18 |
|---|
| 285 | 285 | | (18) Perform such other functions as may be necessary or appropriate to achieve the 19 |
|---|
| 286 | 286 | | purposes of this compact consistent with the state regulation of physical therapy licensure and 20 |
|---|
| 287 | 287 | | practice. 21 |
|---|
| 288 | 288 | | (d) The executive board shall have the power to act on behalf of the commission according 22 |
|---|
| 289 | 289 | | to the terms of this compact. The executive board shall be composed of nine (9) members: 23 |
|---|
| 290 | 290 | | (1) Seven (7) voting members who are elected by the commission from the current 24 |
|---|
| 291 | 291 | | membership of the commission; 25 |
|---|
| 292 | 292 | | (2) One ex-officio, non-voting member from the recognized national physical therapy 26 |
|---|
| 293 | 293 | | professional association; and 27 |
|---|
| 294 | 294 | | (3) One ex-officio, non-voting member from the recognized membership organization of 28 |
|---|
| 295 | 295 | | the physical therapy licensing boards. 29 |
|---|
| 296 | 296 | | (4) The ex-officio members will be selected by their respective organizations. 30 |
|---|
| 297 | 297 | | (5) The commission may remove any member of the executive board as provided in the 31 |
|---|
| 298 | 298 | | bylaws. 32 |
|---|
| 299 | 299 | | (e) The executive board shall meet at least annually. 33 |
|---|
| 300 | 300 | | (f) The executive board shall have the following duties and responsibilities: 34 |
|---|
| 301 | 301 | | |
|---|
| 302 | 302 | | |
|---|
| 303 | 303 | | LC000153 - Page 9 of 17 |
|---|
| 304 | 304 | | (1) Recommend to the entire commission changes to the rules or bylaws, changes to this 1 |
|---|
| 305 | 305 | | compact legislation, fees paid by compact member states such as annual dues, and any commission 2 |
|---|
| 306 | 306 | | compact fee charged to licensees for the compact privilege; 3 |
|---|
| 307 | 307 | | (2) Ensure compact administration services are appropriately provided, contractual or 4 |
|---|
| 308 | 308 | | otherwise; 5 |
|---|
| 309 | 309 | | (3) Prepare and recommend the budget; 6 |
|---|
| 310 | 310 | | (4) Maintain financial records on behalf of the commission; 7 |
|---|
| 311 | 311 | | (5) Monitor compact compliance of member states and provide compliance reports to the 8 |
|---|
| 312 | 312 | | commission; 9 |
|---|
| 313 | 313 | | (6) Establish additional committees as necessary; and 10 |
|---|
| 314 | 314 | | (7) Other duties as provided in rules or bylaws. 11 |
|---|
| 315 | 315 | | (g)(1) All meetings of the commission shall be open to the public, and public notice of 12 |
|---|
| 316 | 316 | | meetings shall be given in the same manner as required under the rulemaking provisions of § 5-13 |
|---|
| 317 | 317 | | 40.2-10. 14 |
|---|
| 318 | 318 | | (2) The commission or the executive board or other committees of the commission may 15 |
|---|
| 319 | 319 | | convene in a closed, non-public meeting if the commission or executive board or other committees 16 |
|---|
| 320 | 320 | | of the commission must discuss: 17 |
|---|
| 321 | 321 | | (i) Non-compliance of a member state with its obligations under the compact; 18 |
|---|
| 322 | 322 | | (ii) The employment, compensation, discipline or other matters, practices or procedures 19 |
|---|
| 323 | 323 | | related to specific employees or other matters related to the commission’s internal personnel 20 |
|---|
| 324 | 324 | | practices and procedures; 21 |
|---|
| 325 | 325 | | (iii) Current, threatened, or reasonably anticipated litigation; 22 |
|---|
| 326 | 326 | | (iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real 23 |
|---|
| 327 | 327 | | estate; 24 |
|---|
| 328 | 328 | | (v) Accusing any person of a crime or formally censuring any person; 25 |
|---|
| 329 | 329 | | (vi) Disclosure of trade secrets or commercial or financial information that is privileged or 26 |
|---|
| 330 | 330 | | confidential; 27 |
|---|
| 331 | 331 | | (vii) Disclosure of information of a personal nature where disclosure would constitute a 28 |
|---|
| 332 | 332 | | clearly unwarranted invasion of personal privacy; 29 |
|---|
| 333 | 333 | | (viii) Disclosure of investigative records compiled for law enforcement purposes; 30 |
|---|
| 334 | 334 | | (ix) Disclosure of information related to any investigative reports prepared by or on behalf 31 |
|---|
| 335 | 335 | | of or for use of the commission or other committee charged with responsibility of investigation or 32 |
|---|
| 336 | 336 | | determination of compliance issues pursuant to the compact; or 33 |
|---|
| 337 | 337 | | (x) Matters specifically exempted from disclosure by federal or member state statute. 34 |
|---|
| 338 | 338 | | |
|---|
| 339 | 339 | | |
|---|
| 340 | 340 | | LC000153 - Page 10 of 17 |
|---|
| 341 | 341 | | (h) If a meeting, or portion of a meeting, is closed pursuant to this provision, the 1 |
|---|
| 342 | 342 | | commission’s legal counsel, or designee, shall certify that the meeting may be closed and shall 2 |
|---|
| 343 | 343 | | reference each relevant exempting provision. 3 |
|---|
| 344 | 344 | | (i) The commission shall keep minutes that fully and clearly describe all matters discussed 4 |
|---|
| 345 | 345 | | in a meeting and shall provide a full and accurate summary of actions taken, and the reasons 5 |
|---|
| 346 | 346 | | therefore, including a description of the views expressed. All documents considered in connection 6 |
|---|
| 347 | 347 | | with an action shall be identified in such minutes. All minutes and documents of a closed meeting 7 |
|---|
| 348 | 348 | | shall remain under seal, subject to release by a majority vote of the commission or order of a court 8 |
|---|
| 349 | 349 | | of competent jurisdiction. 9 |
|---|
| 350 | 350 | | (j) The commission shall pay, or provide for the payment of, the reasonable expenses of its 10 |
|---|
| 351 | 351 | | establishment, organization, and ongoing activities. 11 |
|---|
| 352 | 352 | | (1) The commission may accept any and all appropriate revenue sources, donations, and 12 |
|---|
| 353 | 353 | | grants of money, equipment, supplies, materials, and services. 13 |
|---|
| 354 | 354 | | (2) The commission may levy on and collect an annual assessment from each member state 14 |
|---|
| 355 | 355 | | or impose fees on other parties to cover the cost of the operations and activities of the commission 15 |
|---|
| 356 | 356 | | and its staff, which must be in a total amount sufficient to cover its annual budget as approved each 16 |
|---|
| 357 | 357 | | year for which revenue is not provided by other sources. The aggregate annual assessment amount 17 |
|---|
| 358 | 358 | | shall be allocated based upon a formula to be determined by the commission, which shall 18 |
|---|
| 359 | 359 | | promulgate a rule binding upon all member states. 19 |
|---|
| 360 | 360 | | (3) The commission shall not incur obligations of any kind prior to securing the funds 20 |
|---|
| 361 | 361 | | adequate to meet the same; nor shall the commission pledge the credit of any of the member states, 21 |
|---|
| 362 | 362 | | except by and with the authority of the member state. 22 |
|---|
| 363 | 363 | | (4) The commission shall keep accurate accounts of all receipts and disbursements. The 23 |
|---|
| 364 | 364 | | receipts and disbursements of the commission shall be subject to the audit and accounting 24 |
|---|
| 365 | 365 | | procedures established under its bylaws. However, all receipts and disbursements of funds handled 25 |
|---|
| 366 | 366 | | by the commission shall be audited yearly by a certified or licensed public accountant, and the 26 |
|---|
| 367 | 367 | | report of the audit shall be included in and become part of the annual report of the commission. 27 |
|---|
| 368 | 368 | | (k) The members, officers, executive director, employees and representatives of the 28 |
|---|
| 369 | 369 | | commission shall be immune from suit and liability, either personally or in their official capacity, 29 |
|---|
| 370 | 370 | | for any claim for damage to or loss of property or personal injury or other civil liability caused by 30 |
|---|
| 371 | 371 | | or arising out of any actual or alleged act, error or omission that occurred, or that the person against 31 |
|---|
| 372 | 372 | | whom the claim is made had a reasonable basis for believing occurred within the scope of 32 |
|---|
| 373 | 373 | | commission employment, duties or responsibilities; provided, however, that nothing in this section 33 |
|---|
| 374 | 374 | | shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, 34 |
|---|
| 375 | 375 | | |
|---|
| 376 | 376 | | |
|---|
| 377 | 377 | | LC000153 - Page 11 of 17 |
|---|
| 378 | 378 | | or liability caused by the intentional or willful or wanton misconduct of that person. 1 |
|---|
| 379 | 379 | | (1) The commission shall defend any member, officer, executive director, employee or 2 |
|---|
| 380 | 380 | | representative of the commission in any civil action seeking to impose liability arising out of any 3 |
|---|
| 381 | 381 | | actual or alleged act, error, or omission that occurred within the scope of commission employment, 4 |
|---|
| 382 | 382 | | duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis 5 |
|---|
| 383 | 383 | | for believing occurred within the scope of commission employment, duties, or responsibilities; 6 |
|---|
| 384 | 384 | | provided, however, that nothing herein shall be construed to prohibit that person from retaining his 7 |
|---|
| 385 | 385 | | or her own counsel; and provided further, that the actual or alleged act, error, or omission did not 8 |
|---|
| 386 | 386 | | result from that person’s intentional or willful or wanton misconduct. 9 |
|---|
| 387 | 387 | | (2) The commission shall indemnify and hold harmless any member, officer, executive 10 |
|---|
| 388 | 388 | | director, employee, or representative of the commission for the amount of any settlement or 11 |
|---|
| 389 | 389 | | judgment obtained against that person arising out of any actual or alleged act, error or omission 12 |
|---|
| 390 | 390 | | that occurred within the scope of commission employment, duties, or responsibilities, or that such 13 |
|---|
| 391 | 391 | | person had a reasonable basis for believing occurred within the scope of commission employment, 14 |
|---|
| 392 | 392 | | duties, or responsibilities; provided that, the actual or alleged act, error, or omission did not result 15 |
|---|
| 393 | 393 | | from the intentional or willful or wanton misconduct of that person. 16 |
|---|
| 394 | 394 | | 5-40.2-9. Data System. 17 |
|---|
| 395 | 395 | | (a) The commission shall provide for the development, maintenance, and utilization of a 18 |
|---|
| 396 | 396 | | coordinated database and reporting system containing licensure, adverse action, and investigative 19 |
|---|
| 397 | 397 | | information on all licensed individuals in member states. 20 |
|---|
| 398 | 398 | | (b) Notwithstanding any other provision of state law to the contrary, a member state shall 21 |
|---|
| 399 | 399 | | submit a uniform data set to the data system on all individuals to whom this compact is applicable 22 |
|---|
| 400 | 400 | | as required by the rules of the commission, including: 23 |
|---|
| 401 | 401 | | (1) Identifying information; 24 |
|---|
| 402 | 402 | | (2) Licensure data; 25 |
|---|
| 403 | 403 | | (3) Adverse actions against a license or compact privilege; 26 |
|---|
| 404 | 404 | | (4) Non-confidential information related to alternative program participation; 27 |
|---|
| 405 | 405 | | (5) Any denial of application for licensure, and the reason(s) for such denial; and 28 |
|---|
| 406 | 406 | | (6) Other information that may facilitate the administration of this compact, as determined 29 |
|---|
| 407 | 407 | | by the rules of the commission. 30 |
|---|
| 408 | 408 | | (c) Investigative information pertaining to a licensee in any member state will only be 31 |
|---|
| 409 | 409 | | available to other party states. 32 |
|---|
| 410 | 410 | | (d) The commission shall promptly notify all member states of any adverse action taken 33 |
|---|
| 411 | 411 | | against a licensee or an individual applying for a license. Adverse action information pertaining to 34 |
|---|
| 412 | 412 | | |
|---|
| 413 | 413 | | |
|---|
| 414 | 414 | | LC000153 - Page 12 of 17 |
|---|
| 415 | 415 | | a licensee in any member state will be available to any other member state. 1 |
|---|
| 416 | 416 | | (e) Member states contributing information to the data system may designate information 2 |
|---|
| 417 | 417 | | that may not be shared with the public without the express permission of the contributing state. 3 |
|---|
| 418 | 418 | | (f) Any information submitted to the data system that is subsequently required to be 4 |
|---|
| 419 | 419 | | expunged by the laws of the member state contributing the information shall be removed from the 5 |
|---|
| 420 | 420 | | data system. 6 |
|---|
| 421 | 421 | | 5-40.2-10. Rulemaking. 7 |
|---|
| 422 | 422 | | (a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth 8 |
|---|
| 423 | 423 | | in this section and the rules adopted thereunder. Rules and amendments shall become binding as of 9 |
|---|
| 424 | 424 | | the date specified in each rule or amendment. 10 |
|---|
| 425 | 425 | | (b) If a majority of the legislatures of the member states rejects a rule, by enactment of a 11 |
|---|
| 426 | 426 | | statute or resolution in the same manner used to adopt the compact within four (4) years of the date 12 |
|---|
| 427 | 427 | | of adoption of the rule, then such rule shall have no further force and effect in any member state. 13 |
|---|
| 428 | 428 | | (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the 14 |
|---|
| 429 | 429 | | commission. 15 |
|---|
| 430 | 430 | | (d) Prior to promulgation and adoption of a final rule or rules by the commission, and at 16 |
|---|
| 431 | 431 | | least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, 17 |
|---|
| 432 | 432 | | the commission shall file a notice of proposed rulemaking: 18 |
|---|
| 433 | 433 | | (1) On the website of the commission or other publicly accessible platform; and 19 |
|---|
| 434 | 434 | | (2) On the website of each member state physical therapy licensing board or other publicly 20 |
|---|
| 435 | 435 | | accessible platform or the publication in which each state would otherwise publish proposed rules. 21 |
|---|
| 436 | 436 | | (e) The notice of proposed rulemaking shall include: 22 |
|---|
| 437 | 437 | | (1) The proposed time, date, and location of the meeting in which the rule will be 23 |
|---|
| 438 | 438 | | considered and voted upon; 24 |
|---|
| 439 | 439 | | (2) The text of the proposed rule or amendment and the reason for the proposed rule; 25 |
|---|
| 440 | 440 | | (3) A request for comments on the proposed rule from any interested person; and 26 |
|---|
| 441 | 441 | | (4) The manner in which interested persons may submit notice to the commission of their 27 |
|---|
| 442 | 442 | | intention to attend the public hearing and any written comments. 28 |
|---|
| 443 | 443 | | (f) Prior to adoption of a proposed rule, the commission shall allow persons to submit 29 |
|---|
| 444 | 444 | | written data, facts, opinions, and arguments, which shall be made available to the public. 30 |
|---|
| 445 | 445 | | (g) The commission shall grant an opportunity for a public hearing before it adopts a rule 31 |
|---|
| 446 | 446 | | or amendment if a hearing is requested by: 32 |
|---|
| 447 | 447 | | (1) At least twenty-five (25) persons; 33 |
|---|
| 448 | 448 | | (2) A state or federal governmental subdivision or agency; or 34 |
|---|
| 449 | 449 | | |
|---|
| 450 | 450 | | |
|---|
| 451 | 451 | | LC000153 - Page 13 of 17 |
|---|
| 452 | 452 | | (3) An association having at least twenty-five (25) members. 1 |
|---|
| 453 | 453 | | (h) If a hearing is held on the proposed rule or amendment, the commission shall publish 2 |
|---|
| 454 | 454 | | the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, 3 |
|---|
| 455 | 455 | | the commission shall publish the mechanism for access to the electronic hearing. 4 |
|---|
| 456 | 456 | | (1) All persons wishing to be heard at the hearing shall notify the executive director of the 5 |
|---|
| 457 | 457 | | commission or other designated member in writing of their desire to appear and testify at the 6 |
|---|
| 458 | 458 | | hearing not less than five (5) business days before the scheduled date of the hearing. 7 |
|---|
| 459 | 459 | | (2) Hearings shall be conducted in a manner providing each person who wishes to comment 8 |
|---|
| 460 | 460 | | a fair and reasonable opportunity to comment orally or in writing. 9 |
|---|
| 461 | 461 | | (3) All hearings will be recorded. A copy of the recording will be made available on 10 |
|---|
| 462 | 462 | | request. 11 |
|---|
| 463 | 463 | | (4) Nothing in this section shall be construed as requiring a separate hearing on each rule. 12 |
|---|
| 464 | 464 | | Rules may be grouped for the convenience of the commission at hearings required by this section. 13 |
|---|
| 465 | 465 | | (i) Following the scheduled hearing date, or by the close of business on the scheduled 14 |
|---|
| 466 | 466 | | hearing date if the hearing was not held, the commission shall consider all written and oral 15 |
|---|
| 467 | 467 | | comments received. 16 |
|---|
| 468 | 468 | | (j) If no written notice of intent to attend the public hearing by interested parties is received, 17 |
|---|
| 469 | 469 | | the commission may proceed with promulgation of the proposed rule without a public hearing. 18 |
|---|
| 470 | 470 | | (k) The commission shall, by majority vote of all members, take final action on the 19 |
|---|
| 471 | 471 | | proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking 20 |
|---|
| 472 | 472 | | record and the full text of the rule. 21 |
|---|
| 473 | 473 | | (l) Upon determination that an emergency exists, the commission may consider and adopt 22 |
|---|
| 474 | 474 | | an emergency rule without prior notice, opportunity for comment, or hearing; provided that, the 23 |
|---|
| 475 | 475 | | usual rulemaking procedures provided in the compact and in this section shall be retroactively 24 |
|---|
| 476 | 476 | | applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the 25 |
|---|
| 477 | 477 | | effective date of the rule. For the purposes of this provision, an emergency rule is one that must be 26 |
|---|
| 478 | 478 | | adopted immediately in order to: 27 |
|---|
| 479 | 479 | | (1) Meet an imminent threat to public health, safety, or welfare; 28 |
|---|
| 480 | 480 | | (2) Prevent a loss of commission or member state funds; 29 |
|---|
| 481 | 481 | | (3) Meet a deadline for the promulgation of an administrative rule that is established by 30 |
|---|
| 482 | 482 | | federal law or rule; or 31 |
|---|
| 483 | 483 | | (4) Protect public health and safety. 32 |
|---|
| 484 | 484 | | (m) The commission or an authorized committee of the commission may direct revisions 33 |
|---|
| 485 | 485 | | to a previously adopted rule or amendment for purposes of correcting typographical errors, errors 34 |
|---|
| 486 | 486 | | |
|---|
| 487 | 487 | | |
|---|
| 488 | 488 | | LC000153 - Page 14 of 17 |
|---|
| 489 | 489 | | in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be 1 |
|---|
| 490 | 490 | | posted on the website of the commission. The revision shall be subject to challenge by any person 2 |
|---|
| 491 | 491 | | for a period of thirty (30) days after posting. The revision may be challenged only on grounds that 3 |
|---|
| 492 | 492 | | the revision results in a material change to a rule. A challenge shall be made in writing and delivered 4 |
|---|
| 493 | 493 | | to the chair of the commission prior to the end of the notice period. If no challenge is made, the 5 |
|---|
| 494 | 494 | | revision will take effect without further action. If the revision is challenged, the revision may not 6 |
|---|
| 495 | 495 | | take effect without the approval of the commission. 7 |
|---|
| 496 | 496 | | 5-40.2-11. Oversight, dispute resolution, and enforcement. 8 |
|---|
| 497 | 497 | | (a) The executive, legislative, and judicial branches of state government in each member 9 |
|---|
| 498 | 498 | | state shall enforce this compact and take all actions necessary and appropriate to effectuate the 10 |
|---|
| 499 | 499 | | compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder 11 |
|---|
| 500 | 500 | | shall have standing as statutory law. 12 |
|---|
| 501 | 501 | | (b) All courts shall take judicial notice of the compact and the rules in any judicial or 13 |
|---|
| 502 | 502 | | administrative proceeding in a member state pertaining to the subject matter of this compact which 14 |
|---|
| 503 | 503 | | may affect the powers, responsibilities or actions of the commission. 15 |
|---|
| 504 | 504 | | (c) The commission shall be entitled to receive service of process in any such proceeding 16 |
|---|
| 505 | 505 | | and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service 17 |
|---|
| 506 | 506 | | of process to the commission shall render a judgment or order void as to the commission, this 18 |
|---|
| 507 | 507 | | compact, or promulgated rules. 19 |
|---|
| 508 | 508 | | (d) If the commission determines that a member state has defaulted in the performance of 20 |
|---|
| 509 | 509 | | its obligations or responsibilities under this compact or the promulgated rules, the commission 21 |
|---|
| 510 | 510 | | shall: 22 |
|---|
| 511 | 511 | | (1) Provide written notice to the defaulting state and other member states of the nature of 23 |
|---|
| 512 | 512 | | the default, the proposed means of curing the default and/or any other action to be taken by the 24 |
|---|
| 513 | 513 | | commission; and 25 |
|---|
| 514 | 514 | | (2) Provide remedial training and specific technical assistance regarding the default. 26 |
|---|
| 515 | 515 | | (e) If a state in default fails to cure the default, the defaulting state may be terminated from 27 |
|---|
| 516 | 516 | | the compact upon an affirmative vote of a majority of the member states, and all rights, privileges 28 |
|---|
| 517 | 517 | | and benefits conferred by this compact may be terminated on the effective date of termination. A 29 |
|---|
| 518 | 518 | | cure of the default does not relieve the offending state of obligations or liabilities incurred during 30 |
|---|
| 519 | 519 | | the period of default. 31 |
|---|
| 520 | 520 | | (f) Termination of membership in the compact shall be imposed only after all other means 32 |
|---|
| 521 | 521 | | of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given 33 |
|---|
| 522 | 522 | | by the commission to the governor, the majority and minority leaders of the defaulting state’s 34 |
|---|
| 523 | 523 | | |
|---|
| 524 | 524 | | |
|---|
| 525 | 525 | | LC000153 - Page 15 of 17 |
|---|
| 526 | 526 | | legislature, and each of the member states. 1 |
|---|
| 527 | 527 | | (g) A state that has been terminated is responsible for all assessments, obligations, and 2 |
|---|
| 528 | 528 | | liabilities incurred through the effective date of termination, including obligations that extend 3 |
|---|
| 529 | 529 | | beyond the effective date of termination. 4 |
|---|
| 530 | 530 | | (h) The commission shall not bear any costs related to a state that is found to be in default 5 |
|---|
| 531 | 531 | | or that has been terminated from the compact, unless agreed upon in writing between the 6 |
|---|
| 532 | 532 | | commission and the defaulting state. 7 |
|---|
| 533 | 533 | | (i) The defaulting state may appeal the action of the commission by petitioning the U.S. 8 |
|---|
| 534 | 534 | | District Court for the District of Columbia or the federal district where the commission has its 9 |
|---|
| 535 | 535 | | principal offices. The prevailing member shall be awarded all costs of such litigation, including 10 |
|---|
| 536 | 536 | | reasonable attorneys' fees. 11 |
|---|
| 537 | 537 | | (j) Upon request by a member state, the commission shall attempt to resolve disputes 12 |
|---|
| 538 | 538 | | related to the compact that arise among member states and between member and non-member 13 |
|---|
| 539 | 539 | | states. 14 |
|---|
| 540 | 540 | | (k) The commission shall promulgate a rule providing for both mediation and binding 15 |
|---|
| 541 | 541 | | dispute resolution for disputes as appropriate. 16 |
|---|
| 542 | 542 | | (l) The commission, in the reasonable exercise of its discretion, shall enforce the provisions 17 |
|---|
| 543 | 543 | | and rules of this compact. 18 |
|---|
| 544 | 544 | | (m) By majority vote, the commission may initiate legal action in the United States District 19 |
|---|
| 545 | 545 | | Court for the District of Columbia or the federal district where the commission has its principal 20 |
|---|
| 546 | 546 | | offices against a member state in default to enforce compliance with the provisions of the compact 21 |
|---|
| 547 | 547 | | and its promulgated rules and bylaws. The relief sought may include both injunctive relief and 22 |
|---|
| 548 | 548 | | damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded 23 |
|---|
| 549 | 549 | | all costs of such litigation, including reasonable attorneys' fees. 24 |
|---|
| 550 | 550 | | (n) The remedies herein shall not be the exclusive remedies of the commission. The 25 |
|---|
| 551 | 551 | | commission may pursue any other remedies available under federal or state law. 26 |
|---|
| 552 | 552 | | 5-40.2-12. Date of implementation of the interstate commission for physical therapy 27 |
|---|
| 553 | 553 | | practice and associated rules, withdrawal, and amendment. 28 |
|---|
| 554 | 554 | | (a) The compact shall come into effect on the date on which the compact statute is enacted 29 |
|---|
| 555 | 555 | | into law in the tenth member state. The provisions, which become effective at that time, shall be 30 |
|---|
| 556 | 556 | | limited to the powers granted to the commission relating to assembly and the promulgation of rules. 31 |
|---|
| 557 | 557 | | Thereafter, the commission shall meet and exercise rulemaking powers necessary to the 32 |
|---|
| 558 | 558 | | implementation and administration of the compact. 33 |
|---|
| 559 | 559 | | (b) Any state that joins the compact subsequent to the commission’s initial adoption of the 34 |
|---|
| 560 | 560 | | |
|---|
| 561 | 561 | | |
|---|
| 562 | 562 | | LC000153 - Page 16 of 17 |
|---|
| 563 | 563 | | rules shall be subject to the rules as they exist on the date on which the compact becomes law in 1 |
|---|
| 564 | 564 | | that state. Any rule that has been previously adopted by the commission shall have the full force 2 |
|---|
| 565 | 565 | | and effect of law on the day the compact becomes law in that state. 3 |
|---|
| 566 | 566 | | (c) Any member state may withdraw from this compact by enacting a statute repealing the 4 |
|---|
| 567 | 567 | | same. 5 |
|---|
| 568 | 568 | | (1) A member state’s withdrawal shall not take effect until six (6) months after enactment 6 |
|---|
| 569 | 569 | | of the repealing statute. 7 |
|---|
| 570 | 570 | | (2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s 8 |
|---|
| 571 | 571 | | physical therapy licensing board to comply with the investigative and adverse action reporting 9 |
|---|
| 572 | 572 | | requirements of this chapter prior to the effective date of withdrawal. 10 |
|---|
| 573 | 573 | | (d) Nothing contained in this compact shall be construed to invalidate or prevent any 11 |
|---|
| 574 | 574 | | physical therapy licensure agreement or other cooperative arrangement between a member state 12 |
|---|
| 575 | 575 | | and a non-member state that does not conflict with the provisions of this compact. 13 |
|---|
| 576 | 576 | | (e) This compact may be amended by the member states. No amendment to this compact 14 |
|---|
| 577 | 577 | | shall become effective and binding upon any member state until it is enacted into the laws of all 15 |
|---|
| 578 | 578 | | member states. 16 |
|---|
| 579 | 579 | | 5-40.2-13. Construction and severability. 17 |
|---|
| 580 | 580 | | This compact shall be liberally construed so as to effectuate the purposes thereof. The 18 |
|---|
| 581 | 581 | | provisions of this compact shall be severable and if any phrase, clause, sentence or provision of 19 |
|---|
| 582 | 582 | | this compact is declared to be contrary to the constitution of any party state or of the United States 20 |
|---|
| 583 | 583 | | or the applicability thereof to any government, agency, person or circumstance is held invalid, the 21 |
|---|
| 584 | 584 | | validity of the remainder of this compact and the applicability thereof to any government, agency, 22 |
|---|
| 585 | 585 | | person or circumstance shall not be affected thereby. If this compact shall be held contrary to the 23 |
|---|
| 586 | 586 | | constitution of any party state, the compact shall remain in full force and effect as to the remaining 24 |
|---|
| 587 | 587 | | party states and in full force and effect as to the party state affected as to all severable matters. 25 |
|---|
| 588 | 588 | | SECTION 2. This act shall take effect upon passage. 26 |
|---|
| 589 | 589 | | ======== |
|---|
| 590 | 590 | | LC000153 |
|---|
| 591 | 591 | | ======== |
|---|
| 592 | 592 | | |
|---|
| 593 | 593 | | |
|---|
| 594 | 594 | | LC000153 - Page 17 of 17 |
|---|
| 595 | 595 | | EXPLANATION |
|---|
| 596 | 596 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 597 | 597 | | OF |
|---|
| 598 | 598 | | A N A C T |
|---|
| 599 | 599 | | RELATING TO BUSINESSES AND PROFESSIONS -- RHODE ISLAND PHYSICA L |
|---|
| 600 | 600 | | THERAPIST LICENSURE COMPACT ACT |
|---|
| 601 | 601 | | *** |
|---|
| 602 | 602 | | This act would allow the state to become a member of the physical therapist licensure 1 |
|---|
| 603 | 603 | | compact adopted by twenty-five (25) states in order to facilitate the interstate practice of physical 2 |
|---|
| 604 | 604 | | therapy with the goal of improving public access to physical therapy services. The act would agree 3 |
|---|
| 605 | 605 | | to the establishment of a commission which sets rules, budgets, and oversees disciplinary action 4 |
|---|
| 606 | 606 | | among compact member states and participating physical therapists. The compact would permit 5 |
|---|
| 607 | 607 | | physical therapists licensed in other states to treat patients in Rhode Island, and those licensed in 6 |
|---|
| 608 | 608 | | Rhode Island, to treat patients in other states. All members and member states would be required 7 |
|---|
| 609 | 609 | | to practice within the rules and regulations adopted by the commission. 8 |
|---|
| 610 | 610 | | This act would take effect upon passage. 9 |
|---|
| 611 | 611 | | ======== |
|---|
| 612 | 612 | | LC000153 |
|---|
| 613 | 613 | | ======== |
|---|