2023 -- H 5076
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LC000153
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO BUSINESSES AND PROFESSIONS -- RHODE ISLAND PHYSICA L
THERAPIST LICENSURE COMPACT ACT
Introduced By: Representatives McGaw, Bennett, Speakman, Potter, Ajello, Kislak,
Tanzi, Cotter, Stewart, and Felix
Date Introduced: January 12, 2023
Referred To: House Corporations
It is enacted by the General Assembly as follows:
SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" 1
is hereby amended by adding thereto the following chapter: 2
CHAPTER 40.2 3
RHODE ISLAND PHYSICAL THERAPIST LICENSURE COMPACT 4
5-40.2-1. Short title. 5
This chapter shall be known and may be cited as the "Rhode Island Physical Therapist 6
Licensure Compact Act." 7
5-40.2-2. Purpose. 8
(a) The purpose of the physical therapist licensure compact is to facilitate interstate practice 9
of physical therapy with the goal of improving public access to physical therapy services. The 10
practice of physical therapy occurs in the state where the patient/client is located at the time of the 11
patient/client encounter. The compact preserves the regulatory authority of the state to protect 12
public health and safety through the current system of state licensure. The compact is designed to 13
achieve the following objectives: 14
(1) Increase public access to physical therapy services by providing for the mutual 15
recognition of other member state licenses; 16
(2) Enhance the states’ ability to protect the public’s health and safety; 17
(3) Encourage the cooperation of member states in regulating multi-state physical therapy 18
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practice; 1
(4) Support spouses of relocating military members; 2
(5) Enhance the exchange of licensure, investigative, and disciplinary information between 3
member states; and 4
(6) Allow a remote state to hold a provider of services with a compact privilege in that state 5
accountable to that state’s practice standards. 6
5-40.2-3. Definitions. 7
As used in this compact, and except as otherwise provided, the following definitions shall 8
apply: 9
(1) "Active duty military" means full-time duty status in the active uniformed service of 10
the United States, including members of the National Guard and reserve on active duty orders 11
pursuant to 10 U.S.C. Sections 1209 and 1211. 12
(2) "Adverse action" means disciplinary action taken by a physical therapy licensing board 13
based upon misconduct, unacceptable performance, or a combination of both. 14
(3) "Alternative program" means a non-disciplinary monitoring or practice remediation 15
process approved by a physical therapy licensing board, which includes, but is not limited to, 16
substance abuse issues. 17
(4) "Compact privilege" means the authorization granted by a remote state to allow a 18
licensee from another member state to practice as a physical therapist or work as a physical therapist 19
assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the 20
member state where the patient/client is located at the time of the patient/client encounter. 21
(5) "Continuing competence" means a requirement, as a condition of license renewal, to 22
provide evidence of participation in, and/or completion of, educational and professional activities 23
relevant to practice or area of work. 24
(6) "Data system" means a repository of information about licensees, including 25
examination, licensure, investigative, compact privilege, and adverse action. 26
(7) "Encumbered license" means a license that a physical therapy licensing board has 27
limited in any way. 28
(8) "Executive board" means a group of directors elected or appointed to act on behalf of, 29
and within the powers granted to them by, the commission. 30
(9) "Home state" means the member state that is the licensee’s primary state of residence. 31
(10) "Investigative information" means information, records, and documents received or 32
generated by a physical therapy licensing board pursuant to an investigation. 33
(11) "Jurisprudence requirement" means the assessment of an individual’s knowledge of 34
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the laws and rules governing the practice of physical therapy in a state. 1
(12) "Licensee" means an individual who currently holds an authorization from the state to 2
practice as a physical therapist or to work as a physical therapist assistant. 3
(13) "Member state" means a state that has enacted the compact. 4
(14) "Party state" means any member state in which a licensee holds a current license or 5
compact privilege or is applying for a license or compact privilege. 6
(15) "Physical therapist" means an individual who is licensed by a state to practice physical 7
therapy. 8
(16) "Physical therapist assistant" means an individual who is licensed/certified by a state 9
and who assists the physical therapist in selected components of physical therapy. 10
(17) "Physical therapy," "physical therapy practice," and "the practice of physical therapy" 11
mean the care and services provided by or under the direction and supervision of a licensed physical 12
therapist. 13
(18) "Physical therapy compact" means the formal compact authorized in this chapter. 14
(19) "Physical therapy compact commission" or "commission" means the national 15
administrative body whose membership consists of all states that have enacted the compact. 16
(20) "Physical therapy licensing board" or "licensing board" means the agency of a state 17
that is responsible for the licensing and regulation of physical therapists and physical therapist 18
assistants. 19
(21) "Remote state" means a member state other than the home state, where a licensee is 20
exercising or seeking to exercise the compact privilege. 21
(22) "Rule" means a regulation, principle, or directive promulgated by the commission that 22
has the force of law. 23
(23) "State" means any state, commonwealth, district, or territory of the United States of 24
America that regulates the practice of physical therapy. 25
5-40.2-4. State participation in the compact. 26
(a) To participate in the compact, a state shall: 27
(1) Participate fully in the commission’s data system, including using the commission’s 28
unique identifier as defined in rules; 29
(2) Have a mechanism in place for receiving and investigating complaints about licensees; 30
(3) Notify the commission, in compliance with the terms of the compact and rules, of any 31
adverse action or the availability of investigative information regarding a licensee; 32
(4) Fully implement a criminal background check requirement, within a time frame 33
established by rule, by receiving the results of the Federal Bureau of Investigation record search on 34
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criminal background checks and use the results in making licensure decisions in accordance with 1
subsection (b) of this section; 2
(5) Comply with the rules of the commission; 3
(6) Utilize a recognized national examination as a requirement for licensure pursuant to the 4
rules of the commission; and 5
(7) Have continuing competence requirements as a condition for license renewal. 6
(b) Upon adoption of this statute, the member state shall have the authority to obtain 7
biometric-based information from each physical therapy licensure applicant and submit this 8
information to the Federal Bureau of Investigation for a criminal background check in accordance 9
with 28 U.S.C. § 534 and 34 U.S.C. § 40316. 10
(c) A member state shall grant the compact privilege to a licensee holding a valid 11
unencumbered license in another member state in accordance with the terms of the compact and 12
rules. 13
(d) Member states may charge a fee for granting a compact privilege. 14
5-40.2-5. Compact privilege. 15
(a) To exercise the compact privilege under the terms and provisions of the compact, the 16
licensee shall: 17
(1) Hold a license in the home state; 18
(2) Have no encumbrance on any state license; 19
(3) Be eligible for a compact privilege in any member state in accordance with subsections 20
(d), (g), and (h) of this section; 21
(4) Have not had any adverse action against any license or compact privilege within the 22
previous two (2) years; 23
(5) Notify the commission that the licensee is seeking the compact privilege within a 24
remote state(s); 25
(6) Pay any applicable fees, including any state fee, for the compact privilege; 26
(7) Meet any jurisprudence requirements established by the remote state(s) in which the 27
licensee is seeking a compact privilege; and 28
(8) Report to the commission adverse action taken by any non-member state within thirty 29
(30) days from the date the adverse action is taken. 30
(b) The compact privilege is valid until the expiration date of the home license. The licensee 31
shall comply with the requirements of subsection (a) of this section to maintain the compact 32
privilege in the remote state. 33
(c) A licensee providing physical therapy in a remote state under the compact privilege 34
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shall function within the laws and regulations of the remote state. 1
(d) A licensee providing physical therapy in a remote state is subject to that state’s 2
regulatory authority. A remote state may, in accordance with due process and that state’s laws, 3
remove a licensee’s compact privilege in the remote state for a specific period of time, impose 4
fines, and/or take any other necessary actions to protect the health and safety of its citizens. The 5
licensee is not eligible for a compact privilege in any state until the specific time for removal has 6
passed and all fines are paid. 7
(e) If a home state license is encumbered, the licensee shall lose the compact privilege in 8
any remote state until the following occur: 9
(1) The home state license is no longer encumbered; and 10
(2) Two (2) years have elapsed from the date of the adverse action. 11
(f) Once an encumbered license in the home state is restored to good standing, the licensee 12
shall meet the requirements of subsection (a) of this section to obtain a compact privilege in any 13
remote state. 14
(g) If a licensee’s compact privilege in any remote state is removed, the individual shall 15
lose the compact privilege in any remote state until the following occur: 16
(1) The specific period of time for which the compact privilege was removed has ended; 17
(2) All fines have been paid; and 18
(3) Two (2) years have elapsed from the date of the adverse action. 19
(h) Once the requirements of subsection (g) of this section have been met, the licensee shall 20
meet the requirements in subsection (a) of this section to obtain a compact privilege in a remote 21
state. 22
5-40.2-6. Active duty military personnel or their spouses. 23
A licensee who is active duty military or is the spouse of an individual who is active duty 24
military may designate one of the following as the home state: 25
(1) Home of record; 26
(2) Permanent change of station (PCS); or 27
(3) State of current residence if it is different than the PCS state or home of record. 28
5-40.2-7. Adverse actions. 29
(a) A home state shall have exclusive power to impose adverse action against a license 30
issued by the home state. 31
(b) A home state may take adverse action based on the investigative information of a 32
remote state, as long as the home state follows its own procedures for imposing adverse action. 33
(c) Nothing in this compact shall override a member state’s decision that participation in 34
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an alternative program may be used in lieu of adverse action and that such participation shall remain 1
non-public if required by the member state’s laws. Member states shall require licensees who enter 2
any alternative programs in lieu of discipline to agree not to practice in any other member state 3
during the term of the alternative program without prior authorization from such other member 4
state. 5
(d) Any member state may investigate actual or alleged violations of the statutes and rules 6
authorizing the practice of physical therapy in any other member state in which a physical therapist 7
or physical therapist assistant holds a license or compact privilege. 8
(e) A remote state shall have the authority to: 9
(1) Take adverse actions as set forth in § 5-40.2-5(d) against a licensee’s compact privilege 10
in the state; 11
(2) Issue subpoenas for both hearings and investigations that require the attendance and 12
testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy 13
licensing board in a party state for the attendance and testimony of witnesses, and/or the production 14
of evidence from another party state, shall be enforced in the latter state by any court of competent 15
jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in 16
proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, 17
mileage, and other fees required by the service statutes of the state where the witnesses and/or 18
evidence are located; and 19
(3) If otherwise permitted by state law, recover from the licensee the costs of investigations 20
and disposition of cases resulting from any adverse action taken against that licensee. 21
(f) Joint Investigations: 22
(1) In addition to the authority granted to a member state by its respective physical therapy 23
practice act or other applicable state law, a member state may participate with other member states 24
in joint investigations of licensees. 25
(2) Member states shall share any investigative, litigation, or compliance materials in 26
furtherance of any joint or individual investigation initiated under the compact. 27
5-40.2-8. Establishment of the physical therapy compact commission. 28
(a) The compact member states hereby create and establish a joint public agency known as 29
the physical therapy compact commission: 30
(1) The commission is an instrumentality of the compact states. 31
(2) Venue is proper and judicial proceedings by or against the commission shall be brought 32
solely and exclusively in a court of competent jurisdiction where the principal office of the 33
commission is located. The commission may waive venue and jurisdictional defenses to the extent 34
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it adopts or consents to participate in alternative dispute resolution proceedings. 1
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity. 2
(b) Membership, voting, and meetings: 3
(1) Each member state shall have and be limited to one delegate selected by that member 4
state’s licensing board. 5
(2) The delegate shall be a current member of the licensing board, who is a physical 6
therapist, physical therapist assistant, public member, or the board administrator. 7
(3) Any delegate may be removed or suspended from office as provided by the law of the 8
state from which the delegate is appointed. 9
(4) The member state board shall fill any vacancy occurring in the commission. 10
(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and 11
creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs 12
of the commission. 13
(6) A delegate shall vote in person or by such other means as provided in the bylaws. The 14
bylaws may provide for delegates’ participation in meetings by telephone or other means of 15
communication. 16
(7) The commission shall meet at least once during each calendar year. 17
(8) Additional meetings shall be held as set forth in the bylaws. 18
(c) The commission shall have the following powers and duties: 19
(1) Establish the fiscal year of the commission; 20
(2) Establish bylaws; 21
(3) Maintain its financial records in accordance with the bylaws; 22
(4) Meet and take such actions as are consistent with the provisions of this compact and 23
the bylaws; 24
(5) Promulgate uniform rules to facilitate and coordinate implementation and 25
administration of this compact. The rules shall have the force and effect of law and shall be binding 26
in all member states; 27
(6) Bring and prosecute legal proceedings or actions in the name of the commission, 28
provided that the standing of any state physical therapy licensing board to sue or be sued under 29
applicable law shall not be affected; 30
(7) Purchase and maintain insurance and bonds; 31
(8) Borrow, accept, or contract for services of personnel, including, but not limited to, 32
employees of a member state; 33
(9) Hire employees, elect or appoint officers, fix compensation, define duties, grant such 34
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individuals appropriate authority to carry out the purposes of the compact, and to establish the 1
commission’s personnel policies and programs relating to conflicts of interest, qualifications of 2
personnel, and other related personnel matters; 3
(10) Accept any and all appropriate donations and grants of money, equipment, supplies, 4
materials and services, and to receive, utilize and dispose of the same; provided that, at all times 5
the commission shall avoid any appearance of impropriety and/or conflict of interest; 6
(11) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, 7
improve or use, any property, real, personal or mixed; provided that, at all times the commission 8
shall avoid any appearance of impropriety; 9
(12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any 10
property real, personal, or mixed; 11
(13) Establish a budget and make expenditures; 12
(14) Borrow money; 13
(15) Appoint committees, including standing committees composed of members, state 14
regulators, state legislators or their representatives, and consumer representatives, and such other 15
interested persons as may be designated in this compact and the bylaws; 16
(16) Provide and receive information from, and cooperate with, law enforcement agencies; 17
(17) Establish and elect an executive board; and 18
(18) Perform such other functions as may be necessary or appropriate to achieve the 19
purposes of this compact consistent with the state regulation of physical therapy licensure and 20
practice. 21
(d) The executive board shall have the power to act on behalf of the commission according 22
to the terms of this compact. The executive board shall be composed of nine (9) members: 23
(1) Seven (7) voting members who are elected by the commission from the current 24
membership of the commission; 25
(2) One ex-officio, non-voting member from the recognized national physical therapy 26
professional association; and 27
(3) One ex-officio, non-voting member from the recognized membership organization of 28
the physical therapy licensing boards. 29
(4) The ex-officio members will be selected by their respective organizations. 30
(5) The commission may remove any member of the executive board as provided in the 31
bylaws. 32
(e) The executive board shall meet at least annually. 33
(f) The executive board shall have the following duties and responsibilities: 34
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(1) Recommend to the entire commission changes to the rules or bylaws, changes to this 1
compact legislation, fees paid by compact member states such as annual dues, and any commission 2
compact fee charged to licensees for the compact privilege; 3
(2) Ensure compact administration services are appropriately provided, contractual or 4
otherwise; 5
(3) Prepare and recommend the budget; 6
(4) Maintain financial records on behalf of the commission; 7
(5) Monitor compact compliance of member states and provide compliance reports to the 8
commission; 9
(6) Establish additional committees as necessary; and 10
(7) Other duties as provided in rules or bylaws. 11
(g)(1) All meetings of the commission shall be open to the public, and public notice of 12
meetings shall be given in the same manner as required under the rulemaking provisions of § 5-13
40.2-10. 14
(2) The commission or the executive board or other committees of the commission may 15
convene in a closed, non-public meeting if the commission or executive board or other committees 16
of the commission must discuss: 17
(i) Non-compliance of a member state with its obligations under the compact; 18
(ii) The employment, compensation, discipline or other matters, practices or procedures 19
related to specific employees or other matters related to the commission’s internal personnel 20
practices and procedures; 21
(iii) Current, threatened, or reasonably anticipated litigation; 22
(iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real 23
estate; 24
(v) Accusing any person of a crime or formally censuring any person; 25
(vi) Disclosure of trade secrets or commercial or financial information that is privileged or 26
confidential; 27
(vii) Disclosure of information of a personal nature where disclosure would constitute a 28
clearly unwarranted invasion of personal privacy; 29
(viii) Disclosure of investigative records compiled for law enforcement purposes; 30
(ix) Disclosure of information related to any investigative reports prepared by or on behalf 31
of or for use of the commission or other committee charged with responsibility of investigation or 32
determination of compliance issues pursuant to the compact; or 33
(x) Matters specifically exempted from disclosure by federal or member state statute. 34
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(h) If a meeting, or portion of a meeting, is closed pursuant to this provision, the 1
commission’s legal counsel, or designee, shall certify that the meeting may be closed and shall 2
reference each relevant exempting provision. 3
(i) The commission shall keep minutes that fully and clearly describe all matters discussed 4
in a meeting and shall provide a full and accurate summary of actions taken, and the reasons 5
therefore, including a description of the views expressed. All documents considered in connection 6
with an action shall be identified in such minutes. All minutes and documents of a closed meeting 7
shall remain under seal, subject to release by a majority vote of the commission or order of a court 8
of competent jurisdiction. 9
(j) The commission shall pay, or provide for the payment of, the reasonable expenses of its 10
establishment, organization, and ongoing activities. 11
(1) The commission may accept any and all appropriate revenue sources, donations, and 12
grants of money, equipment, supplies, materials, and services. 13
(2) The commission may levy on and collect an annual assessment from each member state 14
or impose fees on other parties to cover the cost of the operations and activities of the commission 15
and its staff, which must be in a total amount sufficient to cover its annual budget as approved each 16
year for which revenue is not provided by other sources. The aggregate annual assessment amount 17
shall be allocated based upon a formula to be determined by the commission, which shall 18
promulgate a rule binding upon all member states. 19
(3) The commission shall not incur obligations of any kind prior to securing the funds 20
adequate to meet the same; nor shall the commission pledge the credit of any of the member states, 21
except by and with the authority of the member state. 22
(4) The commission shall keep accurate accounts of all receipts and disbursements. The 23
receipts and disbursements of the commission shall be subject to the audit and accounting 24
procedures established under its bylaws. However, all receipts and disbursements of funds handled 25
by the commission shall be audited yearly by a certified or licensed public accountant, and the 26
report of the audit shall be included in and become part of the annual report of the commission. 27
(k) The members, officers, executive director, employees and representatives of the 28
commission shall be immune from suit and liability, either personally or in their official capacity, 29
for any claim for damage to or loss of property or personal injury or other civil liability caused by 30
or arising out of any actual or alleged act, error or omission that occurred, or that the person against 31
whom the claim is made had a reasonable basis for believing occurred within the scope of 32
commission employment, duties or responsibilities; provided, however, that nothing in this section 33
shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, 34
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or liability caused by the intentional or willful or wanton misconduct of that person. 1
(1) The commission shall defend any member, officer, executive director, employee or 2
representative of the commission in any civil action seeking to impose liability arising out of any 3
actual or alleged act, error, or omission that occurred within the scope of commission employment, 4
duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis 5
for believing occurred within the scope of commission employment, duties, or responsibilities; 6
provided, however, that nothing herein shall be construed to prohibit that person from retaining his 7
or her own counsel; and provided further, that the actual or alleged act, error, or omission did not 8
result from that person’s intentional or willful or wanton misconduct. 9
(2) The commission shall indemnify and hold harmless any member, officer, executive 10
director, employee, or representative of the commission for the amount of any settlement or 11
judgment obtained against that person arising out of any actual or alleged act, error or omission 12
that occurred within the scope of commission employment, duties, or responsibilities, or that such 13
person had a reasonable basis for believing occurred within the scope of commission employment, 14
duties, or responsibilities; provided that, the actual or alleged act, error, or omission did not result 15
from the intentional or willful or wanton misconduct of that person. 16
5-40.2-9. Data System. 17
(a) The commission shall provide for the development, maintenance, and utilization of a 18
coordinated database and reporting system containing licensure, adverse action, and investigative 19
information on all licensed individuals in member states. 20
(b) Notwithstanding any other provision of state law to the contrary, a member state shall 21
submit a uniform data set to the data system on all individuals to whom this compact is applicable 22
as required by the rules of the commission, including: 23
(1) Identifying information; 24
(2) Licensure data; 25
(3) Adverse actions against a license or compact privilege; 26
(4) Non-confidential information related to alternative program participation; 27
(5) Any denial of application for licensure, and the reason(s) for such denial; and 28
(6) Other information that may facilitate the administration of this compact, as determined 29
by the rules of the commission. 30
(c) Investigative information pertaining to a licensee in any member state will only be 31
available to other party states. 32
(d) The commission shall promptly notify all member states of any adverse action taken 33
against a licensee or an individual applying for a license. Adverse action information pertaining to 34
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a licensee in any member state will be available to any other member state. 1
(e) Member states contributing information to the data system may designate information 2
that may not be shared with the public without the express permission of the contributing state. 3
(f) Any information submitted to the data system that is subsequently required to be 4
expunged by the laws of the member state contributing the information shall be removed from the 5
data system. 6
5-40.2-10. Rulemaking. 7
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth 8
in this section and the rules adopted thereunder. Rules and amendments shall become binding as of 9
the date specified in each rule or amendment. 10
(b) If a majority of the legislatures of the member states rejects a rule, by enactment of a 11
statute or resolution in the same manner used to adopt the compact within four (4) years of the date 12
of adoption of the rule, then such rule shall have no further force and effect in any member state. 13
(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the 14
commission. 15
(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at 16
least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, 17
the commission shall file a notice of proposed rulemaking: 18
(1) On the website of the commission or other publicly accessible platform; and 19
(2) On the website of each member state physical therapy licensing board or other publicly 20
accessible platform or the publication in which each state would otherwise publish proposed rules. 21
(e) The notice of proposed rulemaking shall include: 22
(1) The proposed time, date, and location of the meeting in which the rule will be 23
considered and voted upon; 24
(2) The text of the proposed rule or amendment and the reason for the proposed rule; 25
(3) A request for comments on the proposed rule from any interested person; and 26
(4) The manner in which interested persons may submit notice to the commission of their 27
intention to attend the public hearing and any written comments. 28
(f) Prior to adoption of a proposed rule, the commission shall allow persons to submit 29
written data, facts, opinions, and arguments, which shall be made available to the public. 30
(g) The commission shall grant an opportunity for a public hearing before it adopts a rule 31
or amendment if a hearing is requested by: 32
(1) At least twenty-five (25) persons; 33
(2) A state or federal governmental subdivision or agency; or 34
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(3) An association having at least twenty-five (25) members. 1
(h) If a hearing is held on the proposed rule or amendment, the commission shall publish 2
the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, 3
the commission shall publish the mechanism for access to the electronic hearing. 4
(1) All persons wishing to be heard at the hearing shall notify the executive director of the 5
commission or other designated member in writing of their desire to appear and testify at the 6
hearing not less than five (5) business days before the scheduled date of the hearing. 7
(2) Hearings shall be conducted in a manner providing each person who wishes to comment 8
a fair and reasonable opportunity to comment orally or in writing. 9
(3) All hearings will be recorded. A copy of the recording will be made available on 10
request. 11
(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. 12
Rules may be grouped for the convenience of the commission at hearings required by this section. 13
(i) Following the scheduled hearing date, or by the close of business on the scheduled 14
hearing date if the hearing was not held, the commission shall consider all written and oral 15
comments received. 16
(j) If no written notice of intent to attend the public hearing by interested parties is received, 17
the commission may proceed with promulgation of the proposed rule without a public hearing. 18
(k) The commission shall, by majority vote of all members, take final action on the 19
proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking 20
record and the full text of the rule. 21
(l) Upon determination that an emergency exists, the commission may consider and adopt 22
an emergency rule without prior notice, opportunity for comment, or hearing; provided that, the 23
usual rulemaking procedures provided in the compact and in this section shall be retroactively 24
applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the 25
effective date of the rule. For the purposes of this provision, an emergency rule is one that must be 26
adopted immediately in order to: 27
(1) Meet an imminent threat to public health, safety, or welfare; 28
(2) Prevent a loss of commission or member state funds; 29
(3) Meet a deadline for the promulgation of an administrative rule that is established by 30
federal law or rule; or 31
(4) Protect public health and safety. 32
(m) The commission or an authorized committee of the commission may direct revisions 33
to a previously adopted rule or amendment for purposes of correcting typographical errors, errors 34
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in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be 1
posted on the website of the commission. The revision shall be subject to challenge by any person 2
for a period of thirty (30) days after posting. The revision may be challenged only on grounds that 3
the revision results in a material change to a rule. A challenge shall be made in writing and delivered 4
to the chair of the commission prior to the end of the notice period. If no challenge is made, the 5
revision will take effect without further action. If the revision is challenged, the revision may not 6
take effect without the approval of the commission. 7
5-40.2-11. Oversight, dispute resolution, and enforcement. 8
(a) The executive, legislative, and judicial branches of state government in each member 9
state shall enforce this compact and take all actions necessary and appropriate to effectuate the 10
compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder 11
shall have standing as statutory law. 12
(b) All courts shall take judicial notice of the compact and the rules in any judicial or 13
administrative proceeding in a member state pertaining to the subject matter of this compact which 14
may affect the powers, responsibilities or actions of the commission. 15
(c) The commission shall be entitled to receive service of process in any such proceeding 16
and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service 17
of process to the commission shall render a judgment or order void as to the commission, this 18
compact, or promulgated rules. 19
(d) If the commission determines that a member state has defaulted in the performance of 20
its obligations or responsibilities under this compact or the promulgated rules, the commission 21
shall: 22
(1) Provide written notice to the defaulting state and other member states of the nature of 23
the default, the proposed means of curing the default and/or any other action to be taken by the 24
commission; and 25
(2) Provide remedial training and specific technical assistance regarding the default. 26
(e) If a state in default fails to cure the default, the defaulting state may be terminated from 27
the compact upon an affirmative vote of a majority of the member states, and all rights, privileges 28
and benefits conferred by this compact may be terminated on the effective date of termination. A 29
cure of the default does not relieve the offending state of obligations or liabilities incurred during 30
the period of default. 31
(f) Termination of membership in the compact shall be imposed only after all other means 32
of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given 33
by the commission to the governor, the majority and minority leaders of the defaulting state’s 34
LC000153 - Page 15 of 17
legislature, and each of the member states. 1
(g) A state that has been terminated is responsible for all assessments, obligations, and 2
liabilities incurred through the effective date of termination, including obligations that extend 3
beyond the effective date of termination. 4
(h) The commission shall not bear any costs related to a state that is found to be in default 5
or that has been terminated from the compact, unless agreed upon in writing between the 6
commission and the defaulting state. 7
(i) The defaulting state may appeal the action of the commission by petitioning the U.S. 8
District Court for the District of Columbia or the federal district where the commission has its 9
principal offices. The prevailing member shall be awarded all costs of such litigation, including 10
reasonable attorneys' fees. 11
(j) Upon request by a member state, the commission shall attempt to resolve disputes 12
related to the compact that arise among member states and between member and non-member 13
states. 14
(k) The commission shall promulgate a rule providing for both mediation and binding 15
dispute resolution for disputes as appropriate. 16
(l) The commission, in the reasonable exercise of its discretion, shall enforce the provisions 17
and rules of this compact. 18
(m) By majority vote, the commission may initiate legal action in the United States District 19
Court for the District of Columbia or the federal district where the commission has its principal 20
offices against a member state in default to enforce compliance with the provisions of the compact 21
and its promulgated rules and bylaws. The relief sought may include both injunctive relief and 22
damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded 23
all costs of such litigation, including reasonable attorneys' fees. 24
(n) The remedies herein shall not be the exclusive remedies of the commission. The 25
commission may pursue any other remedies available under federal or state law. 26
5-40.2-12. Date of implementation of the interstate commission for physical therapy 27
practice and associated rules, withdrawal, and amendment. 28
(a) The compact shall come into effect on the date on which the compact statute is enacted 29
into law in the tenth member state. The provisions, which become effective at that time, shall be 30
limited to the powers granted to the commission relating to assembly and the promulgation of rules. 31
Thereafter, the commission shall meet and exercise rulemaking powers necessary to the 32
implementation and administration of the compact. 33
(b) Any state that joins the compact subsequent to the commission’s initial adoption of the 34
LC000153 - Page 16 of 17
rules shall be subject to the rules as they exist on the date on which the compact becomes law in 1
that state. Any rule that has been previously adopted by the commission shall have the full force 2
and effect of law on the day the compact becomes law in that state. 3
(c) Any member state may withdraw from this compact by enacting a statute repealing the 4
same. 5
(1) A member state’s withdrawal shall not take effect until six (6) months after enactment 6
of the repealing statute. 7
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s 8
physical therapy licensing board to comply with the investigative and adverse action reporting 9
requirements of this chapter prior to the effective date of withdrawal. 10
(d) Nothing contained in this compact shall be construed to invalidate or prevent any 11
physical therapy licensure agreement or other cooperative arrangement between a member state 12
and a non-member state that does not conflict with the provisions of this compact. 13
(e) This compact may be amended by the member states. No amendment to this compact 14
shall become effective and binding upon any member state until it is enacted into the laws of all 15
member states. 16
5-40.2-13. Construction and severability. 17
This compact shall be liberally construed so as to effectuate the purposes thereof. The 18
provisions of this compact shall be severable and if any phrase, clause, sentence or provision of 19
this compact is declared to be contrary to the constitution of any party state or of the United States 20
or the applicability thereof to any government, agency, person or circumstance is held invalid, the 21
validity of the remainder of this compact and the applicability thereof to any government, agency, 22
person or circumstance shall not be affected thereby. If this compact shall be held contrary to the 23
constitution of any party state, the compact shall remain in full force and effect as to the remaining 24
party states and in full force and effect as to the party state affected as to all severable matters. 25
SECTION 2. This act shall take effect upon passage. 26
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO BUSINESSES AND PROFESSIONS -- RHODE ISLAND PHYSICA L
THERAPIST LICENSURE COMPACT ACT
***
This act would allow the state to become a member of the physical therapist licensure 1
compact adopted by twenty-five (25) states in order to facilitate the interstate practice of physical 2
therapy with the goal of improving public access to physical therapy services. The act would agree 3
to the establishment of a commission which sets rules, budgets, and oversees disciplinary action 4
among compact member states and participating physical therapists. The compact would permit 5
physical therapists licensed in other states to treat patients in Rhode Island, and those licensed in 6
Rhode Island, to treat patients in other states. All members and member states would be required 7
to practice within the rules and regulations adopted by the commission. 8
This act would take effect upon passage. 9
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