Texas 2017 - 85th Regular

Texas House Bill HB2765 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Clardy (Senate Sponsor - Taylor of Collin) H.B. No. 2765
2		-	(In the Senate - Received from the House May 5, 2017;
3		-	May 9, 2017, read first time and referred to Committee on Business &
4		-	Commerce; May 17, 2017, reported favorably by the following vote:
5		-	Yeas 7, Nays 0; May 17, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2765
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the Physical Therapy Licensure Compact; authorizing
12	6		fees.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Chapter 453, Occupations Code, is amended by
15	9		adding Subchapter K to read as follows:
16	10		SUBCHAPTER K. PHYSICAL THERAPY LICENSURE COMPACT
17	11		Sec. 453.501. PHYSICAL THERAPY LICENSURE COMPACT. The
18	12		Physical Therapy Licensure Compact is enacted and entered into with
19	13		all other jurisdictions that legally join in the compact, which
20	14		reads as follows:
21	15		SECTION 1. PURPOSE
22	16		The purpose of this Compact is to facilitate interstate practice of
23	17		physical therapy with the goal of improving public access to
24	18		physical therapy services. The practice of physical therapy occurs
25	19		in the state where the patient/client is located at the time of the
26	20		patient/client encounter. The Compact preserves the regulatory
27	21		authority of states to protect public health and safety through the
28	22		current system of state licensure.
29	23		This Compact is designed to achieve the following objectives:
30	24		1. Increase public access to physical therapy services by
31	25		providing for the mutual recognition of other member
32	26		state licenses;
33	27		2. Enhance the states' ability to protect the public's
34	28		health and safety;
35	29		3. Encourage the cooperation of member states in regulating
36	30		multi-state physical therapy practice;
37	31		4. Support spouses of relocating military members;
38	32		5. Enhance the exchange of licensure, investigative, and
39	33		disciplinary information between member states; and
40	34		6. Allow a remote state to hold a provider of services with a
41	35		compact privilege in that state accountable to that
42	36		state's practice standards.
43	37		SECTION 2. DEFINITIONS
44	38		As used in this Compact, and except as otherwise provided, the
45	39		following definitions shall apply:
46	40		1. "Active Duty Military" means full-time duty status
47	41		in the active uniformed service of the United
48	42		States, including members of the National Guard and
49	43		Reserve on active duty orders pursuant to 10 U.S.C.
50	44		Section 1209 and 1211.
51	45		2. "Adverse Action" means disciplinary action taken by
52	46		a physical therapy licensing board based upon
53	47		misconduct, unacceptable performance, or a
54	48		combination of both.
55	49		3. "Alternative Program" means a non-disciplinary
56	50		monitoring or practice remediation process
57	51		approved by a physical therapy licensing board.
58	52		This includes, but is not limited to, substance
59	53		abuse issues.
60	54		4. "Compact privilege" means the authorization
61	55		granted by a remote state to allow a licensee from
62	56		another member state to practice as a physical
63	57		therapist or work as a physical therapist assistant
64	58		in the remote state under its laws and rules. The
65	59		practice of physical therapy occurs in the member
66	60		state where the patient/client is located at the
67	61		time of the patient/client encounter.
68	62		5. "Continuing competence" means a requirement, as a
69	63		condition of license renewal, to provide evidence
70	64		of participation in, and/or completion of,
71	65		educational and professional activities relevant
72	66		to practice or area of work.
73	67		6. "Data system" means a repository of information
74	68		about licensees, including examination, licensure,
75	69		investigative, compact privilege, and adverse
76	70		action.
77	71		7. "Encumbered license" means a license that a
78	72		physical therapy licensing board has limited in any
79	73		way.
80	74		8. "Executive Board" means a group of directors
81	75		elected or appointed to act on behalf of, and
82	76		within the powers granted to them by, the
83	77		Commission.
84	78		9. "Home state" means the member state that is the
85	79		licensee's primary state of residence.
86	80		10. "Investigative information" means information,
87	81		records, and documents received or generated by a
88	82		physical therapy licensing board pursuant to an
89	83		investigation.
90	84		11. "Jurisprudence Requirement" means the assessment
91	85		of an individual's knowledge of the laws and rules
92	86		governing the practice of physical therapy in a
93	87		state.
94	88		12. "Licensee" means an individual who currently holds
95	89		an authorization from the state to practice as a
96	90		physical therapist or to work as a physical
97	91		therapist assistant.
98	92		13. "Member state" means a state that has enacted the
99	93		Compact.
100	94		14. "Party state" means any member state in which a
101	95		licensee holds a current license or compact
102	96		privilege or is applying for a license or compact
103	97		privilege.
104	98		15. "Physical therapist" means an individual who is
105	99		licensed by a state to practice physical therapy.
106	100		16. "Physical therapist assistant" means an individual
107	101		who is licensed/certified by a state and who
108	102		assists the physical therapist in selected
109	103		components of physical therapy.
110	104		17. "Physical therapy," "physical therapy practice,"
111	105		and "the practice of physical therapy" mean the
112	106		care and services provided by or under the
113	107		direction and supervision of a licensed physical
114	108		therapist.
115	109		18. "Physical Therapy Compact Commission" or
116	110		"Commission" means the national administrative
117	111		body whose membership consists of all states that
118	112		have enacted the Compact.
119	113		19. "Physical therapy licensing board" or "licensing
120	114		board" means the agency of a state that is
121	115		responsible for the licensing and regulation of
122	116		physical therapists and physical therapist
123	117		assistants.
124	118		20. "Remote State" means a member state other than the
125	119		home state, where a licensee is exercising or
126	120		seeking to exercise the compact privilege.
127	121		21. "Rule" means a regulation, principle, or directive
128	122		promulgated by the Commission that has the force of
129	123		law.
130	124		22. "State" means any state, commonwealth, district, or
131	125		territory of the United States of America that
132	126		regulates the practice of physical therapy.
133	127		SECTION 3. STATE PARTICIPATION IN THE COMPACT
134	128		A. To participate in the Compact, a state must:
135	129		1. Participate fully in the Commission's data system,
136	130		including using the Commission's unique identifier
137	131		as defined in rules;
138	132		2. Have a mechanism in place for receiving and
139	133		investigating complaints about licensees;
140	134		3. Notify the Commission, in compliance with the terms
141	135		of the Compact and rules, of any adverse action or
142	136		the availability of investigative information
143	137		regarding a licensee;
144	138		4. Fully implement a criminal background check
145	139		requirement, within a time frame established by
146	140		rule, by receiving the results of the Federal
147	141		Bureau of Investigation record search on criminal
148	142		background checks and use the results in making
149	143		licensure decisions in accordance with Section
150	144		3.B.;
151	145		5. Comply with the rules of the Commission;
152	146		6. Utilize a recognized national examination as a
153	147		requirement for licensure pursuant to the rules of
154	148		the Commission; and
155	149		7. Have continuing competence requirements as a
156	150		condition for license renewal.
157	151		B. Upon adoption of this statute, the member state shall
158	152		have the authority to obtain biometric-based information from each
159	153		physical therapy licensure applicant and submit this information to
160	154		the Federal Bureau of Investigation for a criminal background check
161	155		in accordance with 28 U.S.C. Section 534 and 42 U.S.C. Section
162	156		14616.
163	157		C. A member state shall grant the compact privilege to a
164	158		licensee holding a valid unencumbered license in another member
165	159		state in accordance with the terms of the Compact and rules.
166	160		D. Member states may charge a fee for granting a compact
167	161		privilege.
168	162		SECTION 4. COMPACT PRIVILEGE
169	163		A. To exercise the compact privilege under the terms and
170	164		provisions of the Compact, the licensee shall:
171	165		1. Hold a license in the home state;
172	166		2. Have no encumbrance on any state license;
173	167		3. Be eligible for a compact privilege in any member
174	168		state in accordance with Section 4D, G and H;
175	169		4. Have not had any adverse action against any license
176	170		or compact privilege within the previous 2 years;
177	171		5. Notify the Commission that the licensee is seeking
178	172		the compact privilege within a remote state(s);
179	173		6. Pay any applicable fees, including any state fee,
180	174		for the compact privilege;
181	175		7. Meet any jurisprudence requirements established by
182	176		the remote state(s) in which the licensee is
183	177		seeking a compact privilege; and
184	178		8. Report to the Commission adverse action taken by
185	179		any non-member state within 30 days from the date
186	180		the adverse action is taken.
187	181		B. The compact privilege is valid until the expiration date
188	182		of the home license. The licensee must comply with the requirements
189	183		of Section 4.A. to maintain the compact privilege in the remote
190	184		state.
191	185		C. A licensee providing physical therapy in a remote state
192	186		under the compact privilege shall function within the laws and
193	187		regulations of the remote state.
194	188		D. A licensee providing physical therapy in a remote state
195	189		is subject to that state's regulatory authority. A remote state
196	190		may, in accordance with due process and that state's laws, remove a
197	191		licensee's compact privilege in the remote state for a specific
198	192		period of time, impose fines, and/or take any other necessary
199	193		actions to protect the health and safety of its citizens. The
200	194		licensee is not eligible for a compact privilege in any state until
201	195		the specific time for removal has passed and all fines are paid.
202	196		E. If a home state license is encumbered, the licensee shall
203	197		lose the compact privilege in any remote state until the following
204	198		occur:
205	199		1. The home state license is no longer encumbered; and
206	200		2. Two years have elapsed from the date of the adverse
207	201		action.
208	202		F. Once an encumbered license in the home state is restored
209	203		to good standing, the licensee must meet the requirements of
210	204		Section 4.A. to obtain a compact privilege in any remote state.
211	205		G. If a licensee's compact privilege in any remote state is
212	206		removed, the individual shall lose the compact privilege in any
213	207		remote state until the following occur:
214	208		1. The specific period of time for which the compact
215	209		privilege was removed has ended;
216	210		2. All fines have been paid; and
217	211		3. Two years have elapsed from the date of the adverse
218	212		action.
219	213		H. Once the requirements of Section 4G have been met, the
220	214		license must meet the requirements in Section 4A to obtain a compact
221	215		privilege in a remote state.
222	216		SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
223	217		A licensee who is active duty military or is the spouse of an
224	218		individual who is active duty military may designate one of the
225	219		following as the home state:
226	220		A. Home of record;
227	221		B. Permanent Change of Station (PCS); or
228	222		C. State of current residence if it is different than the
229	223		PCS state or home of record.
230	224		SECTION 6. ADVERSE ACTIONS
231	225		A. A home state shall have exclusive power to impose adverse
232	226		action against a license issued by the home state.
233	227		B. A home state may take adverse action based on the
234	228		investigative information of a remote state, so long as the home
235	229		state follows its own procedures for imposing adverse action.
236	230		C. Nothing in this Compact shall override a member state's
237	231		decision that participation in an alternative program may be used
238	232		in lieu of adverse action and that such participation shall remain
239	233		non-public if required by the member state's laws. Member states
240	234		must require licensees who enter any alternative programs in lieu
241	235		of discipline to agree not to practice in any other member state
242	236		during the term of the alternative program without prior
243	237		authorization from such other member state.
244	238		D. Any member state may investigate actual or alleged
245	239		violations of the statutes and rules authorizing the practice of
246	240		physical therapy in any other member state in which a physical
247	241		therapist or physical therapist assistant holds a license or
248	242		compact privilege.
249	243		E. A remote state shall have the authority to:
250	244		1. Take adverse actions as set forth in Section 4.D.
251	245		against a licensee's compact privilege in the
252	246		state;
253	247		2. Issue subpoenas for both hearings and
254	248		investigations that require the attendance and
255	249		testimony of witnesses, and the production of
256	250		evidence. Subpoenas issued by a physical therapy
257	251		licensing board in a party state for the attendance
258	252		and testimony of witnesses, and/or the production
259	253		of evidence from another party state, shall be
260	254		enforced in the latter state by any court of
261	255		competent jurisdiction, according to the practice
262	256		and procedure of that court applicable to subpoenas
263	257		issued in proceedings pending before it. The
264	258		issuing authority shall pay any witness fees,
265	259		travel expenses, mileage, and other fees required
266	260		by the service statutes of the state where the
267	261		witnesses and/or evidence are located; and
268	262		3. If otherwise permitted by state law, recover from
269	263		the licensee the costs of investigations and
270	264		disposition of cases resulting from any adverse
271	265		action taken against that licensee.
272	266		F. Joint Investigations
273	267		1. In addition to the authority granted to a member
274	268		state by its respective physical therapy practice
275	269		act or other applicable state law, a member state
276	270		may participate with other member states in joint
277	271		investigations of licensees.
278	272		2. Member states shall share any investigative,
279	273		litigation, or compliance materials in furtherance
280	274		of any joint or individual investigation initiated
281	275		under the Compact.
282	276		SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
283	277		COMMISSION
284	278		A. The Compact member states hereby create and establish a
285	279		joint public agency known as the Physical Therapy Compact
286	280		Commission:
287	281		1. The Commission is an instrumentality of the Compact
288	282		states.
289	283		2. Venue is proper and judicial proceedings by or
290	284		against the Commission shall be brought solely and
291	285		exclusively in a court of competent jurisdiction
292	286		where the principal office of the Commission is
293	287		located. The Commission may waive venue and
294	288		jurisdictional defenses to the extent it adopts or
295	289		consents to participate in alternative dispute
296	290		resolution proceedings.
297	291		3. Nothing in this Compact shall be construed to be a
298	292		waiver of sovereign immunity.
299	293		B. Membership, Voting, and Meetings
300	294		1. Each member state shall have and be limited to one
301	295		(1) delegate selected by that member state's
302	296		licensing board.
303	297		2. The delegate shall be a current member of the
304	298		licensing board, who is a physical therapist,
305	299		physical therapist assistant, public member, or
306	300		the board administrator.
307	301		3. Any delegate may be removed or suspended from
308	302		office as provided by the law of the state from
309	303		which the delegate is appointed.
310	304		4. The member state board shall fill any vacancy
311	305		occurring in the Commission.
312	306		5. Each delegate shall be entitled to one (1) vote with
313	307		regard to the promulgation of rules and creation of
314	308		bylaws and shall otherwise have an opportunity to
315	309		participate in the business and affairs of the
316	310		Commission.
317	311		6. A delegate shall vote in person or by such other
318	312		means as provided in the bylaws. The bylaws may
319	313		provide for delegates' participation in meetings by
320	314		telephone or other means of communication.
321	315		7. The Commission shall meet at least once during each
322	316		calendar year. Additional meetings shall be held as
323	317		set forth in the bylaws.
324	318		C. The Commission shall have the following powers and
325	319		duties:
326	320		1. Establish the fiscal year of the Commission;
327	321		2. Establish bylaws;
328	322		3. Maintain its financial records in accordance with
329	323		the bylaws;
330	324		4. Meet and take such actions as are consistent with
331	325		the provisions of this Compact and the bylaws;
332	326		5. Promulgate uniform rules to facilitate and
333	327		coordinate implementation and administration of
334	328		this Compact. The rules shall have the force and
335	329		effect of law and shall be binding in all member
336	330		states;
337	331		6. Bring and prosecute legal proceedings or actions in
338	332		the name of the Commission, provided that the
339	333		standing of any state physical therapy licensing
340	334		board to sue or be sued under applicable law shall
341	335		not be affected;
342	336		7. Purchase and maintain insurance and bonds;
343	337		8. Borrow, accept, or contract for services of
344	338		personnel, including, but not limited to,
345	339		employees of a member state;
346	340		9. Hire employees, elect or appoint officers, fix
347	341		compensation, define duties, grant such
348	342		individuals appropriate authority to carry out the
349	343		purposes of the Compact, and to establish the
350	344		Commission's personnel policies and programs
351	345		relating to conflicts of interest, qualifications
352	346		of personnel, and other related personnel matters;
353	347		10. Accept any and all appropriate donations and grants
354	348		of money, equipment, supplies, materials and
355	349		services, and to receive, utilize and dispose of
356	350		the same; provided that at all times the Commission
357	351		shall avoid any appearance of impropriety and/or
358	352		conflict of interest;
359	353		11. Lease, purchase, accept appropriate gifts or
360	354		donations of, or otherwise to own, hold, improve or
361	355		use, any property, real, personal or mixed;
362	356		provided that at all times the Commission shall
363	357		avoid any appearance of impropriety;
364	358		12. Sell convey, mortgage, pledge, lease, exchange,
365	359		abandon, or otherwise dispose of any property real,
366	360		personal, or mixed;
367	361		13. Establish a budget and make expenditures;
368	362		14. Borrow money;
369	363		15. Appoint committees, including standing committees
370	364		composed of members, state regulators, state
371	365		legislators or their representatives, and consumer
372	366		representatives, and such other interested persons
373	367		as may be designated in this Compact and the
374	368		bylaws;
375	369		16. Provide and receive information from, and cooperate
376	370		with, law enforcement agencies;
377	371		17. Establish and elect an Executive Board; and
378	372		18. Perform such other functions as may be necessary or
379	373		appropriate to achieve the purposes of this Compact
380	374		consistent with the state regulation of physical
381	375		therapy licensure and practice.
382	376		D. The Executive Board
383	377		The Executive Board shall have the power to act on behalf of
384	378		the Commission according to the terms of this Compact.
385	379		1. The Executive Board shall be composed of nine
386	380		members:
387	381		a. Seven voting members who are elected by the
388	382		Commission from the current membership of the
389	383		Commission;
390	384		b. One ex-officio, nonvoting member from the
391	385		recognized national physical therapy
392	386		professional association; and
393	387		c. One ex-officio, nonvoting member from the
394	388		recognized membership organization of the
395	389		physical therapy licensing boards.
396	390		2. The ex-officio members will be selected by their
397	391		respective organizations.
398	392		3. The Commission may remove any member of the
399	393		Executive Board as provided in bylaws.
400	394		4. The Executive Board shall meet at least annually.
401	395		5. The Executive Board shall have the following Duties
402	396		and responsibilities:
403	397		a. Recommend to the entire Commission changes to
404	398		the rules or bylaws, changes to this Compact
405	399		legislation, fees paid by Compact member
406	400		states such as annual dues, and any
407	401		commission Compact fee charged to licensees
408	402		for the compact privilege;
409	403		b. Ensure Compact administration services are
410	404		appropriately provided, contractual or
411	405		otherwise;
412	406		c. Prepare and recommend the budget;
413	407		d. Maintain financial records on behalf of the
414	408		Commission;
415	409		e. Monitor Compact compliance of member states
416	410		and provide compliance reports to the
417	411		Commission;
418	412		f. Establish additional committees as necessary;
419	413		and
420	414		g. Other duties as provided in rules or bylaws.
421	415		E. Meetings of the Commission
422	416		1. All meetings shall be open to the public, and public
423	417		notice of meetings shall be given in the same
424	418		manner as required under the rulemaking provisions
425	419		in Section 9.
426	420		2. The Commission or the Executive Board or other
427	421		committees of the Commission may convene in a
428	422		closed, non-public meeting if the Commission or
429	423		Executive Board or other committees of the
430	424		Commission must discuss:
431	425		a. Non-compliance of a member state with its
432	426		obligations under the Compact;
433	427		b. The employment, compensation, discipline or
434	428		other matters, practices or procedures
435	429		related to specific employees or other
436	430		matters related to the Commission's internal
437	431		personnel practices and procedures;
438	432		c. Current, threatened, or reasonably
439	433		anticipated litigation;
440	434		d. Negotiation of contracts for the purchase,
441	435		lease, or sale of goods, services, or real
442	436		estate;
443	437		e. Accusing any person of a crime or formally
444	438		censuring any person;
445	439		f. Disclosure of trade secrets or commercial or
446	440		financial information that is privileged or
447	441		confidential;
448	442		g. Disclosure of information of a personal nature
449	443		where disclosure would constitute a clearly
450	444		unwarranted invasion of personal privacy;
451	445		h. Disclosure of investigative records compiled
452	446		for law enforcement purposes;
453	447		i. Disclosure of information related to any
454	448		investigative reports prepared by or on
455	449		behalf of or for use of the Commission or
456	450		other committee charged with responsibility
457	451		of investigation or determination of
458	452		compliance issues pursuant to the Compact; or
459	453		j. Matters specifically exempted from disclosure
460	454		by federal or member state statute.
461	455		3. If a meeting, or portion of a meeting, is closed
462	456		pursuant to this provision, the Commission's legal
463	457		counsel or designee shall certify that the meeting
464	458		may be closed and shall reference each relevant
465	459		exempting provision.
466	460		4. The Commission shall keep minutes that fully and
467	461		clearly describe all matters discussed in a meeting
468	462		and shall provide a full and accurate summary of
469	463		actions taken, and the reasons therefore,
470	464		including a description of the views expressed. All
471	465		documents considered in connection with an action
472	466		shall be identified in such minutes. All minutes
473	467		and documents of a closed meeting shall remain
474	468		under seal, subject to release by a majority vote
475	469		of the Commission or order of a court of competent
476	470		jurisdiction.
477	471		F. Financing of the Commission
478	472		1. The Commission shall pay, or provide for the
479	473		payment of, the reasonable expenses of its
480	474		establishment, organization, and ongoing
481	475		activities.
482	476		2. The Commission may accept any and all appropriate
483	477		revenue sources, donations, and grants of money,
484	478		equipment, supplies, materials, and services.
485	479		3. The Commission may levy on and collect an annual
486	480		assessment from each member state or impose fees on
487	481		other parties to cover the cost of the operations
488	482		and activities of the Commission and its staff,
489	483		which must be in a total amount sufficient to cover
490	484		its annual budget as approved each year for which
491	485		revenue is not provided by other sources. The
492	486		aggregate annual assessment amount shall be
493	487		allocated based upon a formula to be determined by
494	488		the Commission, which shall promulgate a rule
495	489		binding upon all member states.
496	490		4. The Commission shall not incur obligations of any
497	491		kind prior to securing the funds adequate to meet
498	492		the same; nor shall the Commission pledge the
499	493		credit of any of the member states, except by and
500	494		with the authority of the member state.
501	495		5. The Commission shall keep accurate accounts of all
502	496		receipts and disbursements. The receipts and
503	497		disbursements of the Commission shall be subject to
504	498		the audit and accounting procedures established
505	499		under its bylaws. However, all receipts and
506	500		disbursements of funds handled by the Commission
507	501		shall be audited yearly by a certified or licensed
508	502		public accountant, and the report of the audit
509	503		shall be included in and become part of the annual
510	504		report of the Commission.
511	505		G. Qualified Immunity, Defense, and Indemnification
512	506		1. The members, officers, executive director,
513	507		employees and representatives of the Commission
514	508		shall be immune from suit and liability, either
515	509		personally or in their official capacity, for any
516	510		claim for damage to or loss of property or personal
517	511		injury or other civil liability caused by or
518	512		arising out of any actual or alleged act, error or
519	513		omission that occurred, or that the person against
520	514		whom the claim is made had a reasonable basis for
521	515		believing occurred within the scope of Commission
522	516		employment, duties or responsibilities; provided
523	517		that nothing in this paragraph shall be construed
524	518		to protect any such person from suit and/or
525	519		liability for any damage, loss, injury, or
526	520		liability caused by the intentional or willful or
527	521		wanton misconduct of that person.
528	522		2. The Commission shall defend any member, officer,
529	523		executive director, employee or representative of
530	524		the Commission in any civil action seeking to
531	525		impose liability arising out of any actual or
532	526		alleged act, error, or omission that occurred
533	527		within the scope of Commission employment, duties,
534	528		or responsibilities, or that the person against
535	529		whom the claim is made had a reasonable basis for
536	530		believing occurred within the scope of Commission
537	531		employment, duties, or responsibilities; provided
538	532		that nothing herein shall be construed to prohibit
539	533		that person from retaining his or her own counsel;
540	534		and provided further, that the actual or alleged
541	535		act, error, or omission did not result from that
542	536		person's intentional or willful or wanton
543	537		misconduct.
544	538		3. The Commission shall indemnify and hold harmless
545	539		any member, officer, executive director, employee,
546	540		or representative of the Commission for the amount
547	541		of any settlement or judgment obtained against that
548	542		person arising out of any actual or alleged act,
549	543		error or omission that occurred within the scope of
550	544		Commission employment, duties, or
551	545		responsibilities, or that such person had a
552	546		reasonable basis for believing occurred within the
553	547		scope of Commission employment, duties, or
554	548		responsibilities, provided that the actual or
555	549		alleged act, error, or omission did not result from
556	550		the intentional or willful or wanton misconduct of
557	551		that person.
558	552		SECTION 8. DATA SYSTEM
559	553		A. The Commission shall provide for the development,
560	554		maintenance, and utilization of a coordinated database and
561	555		reporting system containing licensure, adverse action, and
562	556		investigative information on all licensed individuals in member
563	557		states.
564	558		B. Notwithstanding any other provision of state law to the
565	559		contrary, a member state shall submit a uniform data set to the data
566	560		system on all individuals to whom this Compact is applicable as
567	561		required by the rules of the Commission, including:
568	562		1. Identifying information;
569	563		2. Licensure data;
570	564		3. Adverse actions against a license or compact
571	565		privilege;
572	566		4. Non-confidential information related to
573	567		alternative program participation;
574	568		5. Any denial of application for licensure, and the
575	569		reason(s) for such denial; and
576	570		6. Other information that may facilitate the
577	571		administration of this Compact, as determined by
578	572		the rules of the Commission.
579	573		C. Investigative information pertaining to a licensee in
580	574		any member state will only be available to other party states.
581	575		D. The Commission shall promptly notify all member states of
582	576		any adverse action taken against a licensee or an individual
583	577		applying for a license. Adverse action information pertaining to a
584	578		licensee in any member state will be available to any other member
585	579		state.
586	580		E. Member states contributing information to the data
587	581		system may designate information that may not be shared with the
588	582		public without the express permission of the contributing state.
589	583		F. Any information submitted to the data system that is
590	584		subsequently required to be expunged by the laws of the member state
591	585		contributing the information shall be removed from the data system.
592	586		SECTION 9. RULEMAKING
593	587		A. The Commission shall exercise its rulemaking powers
594	588		pursuant to the criteria set forth in this Section and the rules
595	589		adopted thereunder. Rules and amendments shall become binding as of
596	590		the date specified in each rule or amendment.
597	591		B. If a majority of the legislatures of the member states
598	592		rejects a rule, by enactment of a statute or resolution in the same
599	593		manner used to adopt the Compact within 4 years of the date of
600	594		adoption of the rule, then such rule shall have no further force and
601	595		effect in any member state.
602	596		C. Rules or amendments to the rules shall be adopted at a
603	597		regular or special meeting of the Commission.
604	598		D. Prior to promulgation and adoption of a final rule or
605	599		rules by the Commission, and at least thirty (30) days in advance of
606	600		the meeting at which the rule will be considered and voted upon, the
607	601		Commission shall file a Notice of Proposed Rulemaking:
608	602		1. On the website of the Commission or other publicly
609	603		accessible platform; and
610	604		2. On the website of each member state physical
611	605		therapy licensing board or other publicly
612	606		accessible platform or the publication in which
613	607		each state would otherwise publish proposed rules.
614	608		E. The Notice of Proposed Rulemaking shall include:
615	609		1. The proposed time, date, and location of the
616	610		meeting in which the rule will be considered and
617	611		voted upon;
618	612		2. The text of the proposed rule or amendment and the
619	613		reason for the proposed rule;
620	614		3. A request for comments on the proposed rule from any
621	615		interested person; and
622	616		4. The manner in which interested persons may submit
623	617		notice to the Commission of their intention to
624	618		attend the public hearing and any written comments.
625	619		F. Prior to adoption of a proposed rule, the Commission
626	620		shall allow persons to submit written data, facts, opinions, and
627	621		arguments, which shall be made available to the public.
628	622		G. The Commission shall grant an opportunity for a public
629	623		hearing before it adopts a rule or amendment if a hearing is
630	624		requested by:
631	625		1. At least twenty-five (25) persons;
632	626		2. A state or federal governmental subdivision or
633	627		agency; or
634	628		3. An association having at least twenty-five (25)
635	629		members.
636	630		H. If a hearing is held on the proposed rule or amendment,
637	631		the Commission shall publish the place, time, and date of the
638	632		scheduled public hearing. If the hearing is held via electronic
639	633		means, the Commission shall publish the mechanism for access to the
640	634		electronic hearing.
641	635		1. All persons wishing to be heard at the hearing shall
642	636		notify the executive director of the Commission or
643	637		other designated member in writing of their desire
644	638		to appear and testify at the hearing not less than
645	639		five (5) business days before the scheduled date of
646	640		the hearing.
647	641		2. Hearings shall be conducted in a manner providing
648	642		each person who wishes to comment a fair and
649	643		reasonable opportunity to comment orally or in
650	644		writing.
651	645		3. All hearings will be recorded. A copy of the
652	646		recording will be made available on request.
653	647		4. Nothing in this section shall be construed as
654	648		requiring a separate hearing on each rule. Rules
655	649		may be grouped for the convenience of the
656	650		Commission at hearings required by this section.
657	651		I. Following the scheduled hearing date, or by the close of
658	652		business on the scheduled hearing date if the hearing was not held,
659	653		the Commission shall consider all written and oral comments
660	654		received.
661	655		J. If no written notice of intent to attend the public
662	656		hearing by interested parties is received, the Commission may
663	657		proceed with promulgation of the proposed rule without a public
664	658		hearing.
665	659		K. The Commission shall, by majority vote of all members,
666	660		take final action on the proposed rule and shall determine the
667	661		effective date of the rule, if any, based on the rulemaking record
668	662		and the full text of the rule.
669	663		L. Upon determination that an emergency exists, the
670	664		Commission may consider and adopt an emergency rule without prior
671	665		notice, opportunity for comment, or hearing, provided that the
672	666		usual rulemaking procedures provided in the Compact and in this
673	667		section shall be retroactively applied to the rule as soon as
674	668		reasonably possible, in no event later than ninety (90) days after
675	669		the effective date of the rule. For the purposes of this provision,
676	670		an emergency rule is one that must be adopted immediately in order
677	671		to:
678	672		1. Meet an imminent threat to public health, safety,
679	673		or welfare;
680	674		2. Prevent a loss of Commission or member state funds;
681	675		3. Meet a deadline for the promulgation of an
682	676		administrative rule that is established by federal
683	677		law or rule; or
684	678		4. Protect public health and safety.
685	679		M. The Commission or an authorized committee of the
686	680		Commission may direct revisions to a previously adopted rule or
687	681		amendment for purposes of correcting typographical errors, errors
688	682		in format, errors in consistency, or grammatical errors. Public
689	683		notice of any revisions shall be posted on the website of the
690	684		Commission. The revision shall be subject to challenge by any
691	685		person for a period of thirty (30) days after posting. The revision
692	686		may be challenged only on grounds that the revision results in a
693	687		material change to a rule. A challenge shall be made in writing, and
694	688		delivered to the chair of the Commission prior to the end of the
695	689		notice period. If no challenge is made, the revision will take
696	690		effect without further action. If the revision is challenged, the
697	691		revision may not take effect without the approval of the
698	692		Commission.
699	693		SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
700	694		A. Oversight
701	695		1. The executive, legislative, and judicial branches
702	696		of state government in each member state shall
703	697		enforce this Compact and take all actions necessary
704	698		and appropriate to effectuate the Compact's
705	699		purposes and intent. The provisions of this Compact
706	700		and the rules promulgated hereunder shall have
707	701		standing as statutory law.
708	702		2. All courts shall take judicial notice of the
709	703		Compact and the rules in any judicial or
710	704		administrative proceeding in a member state
711	705		pertaining to the subject matter of this Compact
712	706		which may affect the powers, responsibilities or
713	707		actions of the Commission.
714	708		3. The Commission shall be entitled to receive service
715	709		of process in any such proceeding, and shall have
716	710		standing to intervene in such a proceeding for all
717	711		purposes. Failure to provide service of process to
718	712		the Commission shall render a judgment or order
719	713		void as to the Commission, this Compact, or
720	714		promulgated rules.
721	715		B. Default, Technical Assistance, and Termination
722	716		1. If the Commission determines that a member state
723	717		has defaulted in the performance of its obligations
724	718		or responsibilities under this Compact or the
725	719		promulgated rules, the Commission shall:
726	720		a. Provide written notice to the defaulting state
727	721		and other member states of the nature of the
728	722		default, the proposed means of curing the
729	723		default and/or any other action to be taken by
730	724		the Commission; and
731	725		b. Provide remedial training and specific
732	726		technical assistance regarding the default.
733	727		2. If a state in default fails to cure the default, the
734	728		defaulting state may be terminated from the Compact
735	729		upon an affirmative vote of a majority of the
736	730		member states, and all rights, privileges and
737	731		benefits conferred by this Compact may be
738	732		terminated on the effective date of termination. A
739	733		cure of the default does not relieve the offending
740	734		state of obligations or liabilities incurred
741	735		during the period of default.
742	736		3. Termination of membership in the Compact shall be
743	737		imposed only after all other means of securing
744	738		compliance have been exhausted. Notice of intent to
745	739		suspend or terminate shall be given by the
746	740		Commission to the governor, the majority and
747	741		minority leaders of the defaulting state's
748	742		legislature, and each of the member states.
749	743		4. A state that has been terminated is responsible for
750	744		all assessments, obligations, and liabilities
751	745		incurred through the effective date of
752	746		termination, including obligations that extend
753	747		beyond the effective date of termination.
754	748		5. The Commission shall not bear any costs related to a
755	749		state that is found to be in default or that has
756	750		been terminated from the Compact, unless agreed
757	751		upon in writing between the Commission and the
758	752		defaulting state.
759	753		6. The defaulting state may appeal the action of the
760	754		Commission by petitioning the U.S. District Court
761	755		for the District of Columbia or the federal
762	756		district where the Commission has its principal
763	757		offices. The prevailing member shall be awarded all
764	758		costs of such litigation, including reasonable
765	759		attorney's fees.
766	760		C. Dispute Resolution
767	761		1. Upon request by a member state, the Commission
768	762		shall attempt to resolve disputes related to the
769	763		Compact that arise among member states and between
770	764		member and non-member states.
771	765		2. The Commission shall promulgate a rule providing
772	766		for both mediation and binding dispute resolution
773	767		for disputes as appropriate.
774	768		D. Enforcement
775	769		1. The Commission, in the reasonable exercise of its
776	770		discretion, shall enforce the provisions and rules
777	771		of this Compact.
778	772		2. By majority vote, the Commission may initiate legal
779	773		action in the United States District Court for the
780	774		District of Columbia or the federal district where
781	775		the Commission has its principal offices against a
782	776		member state in default to enforce compliance with
783	777		the provisions of the Compact and its promulgated
784	778		rules and bylaws. The relief sought may include
785	779		both injunctive relief and damages. In the event
786	780		judicial enforcement is necessary, the prevailing
787	781		member shall be awarded all costs of such
788	782		litigation, including reasonable attorney's fees.
789	783		3. The remedies herein shall not be the exclusive
790	784		remedies of the Commission. The Commission may
791	785		pursue any other remedies available under federal or
792	786		state law.
793	787		SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE
794	788		COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,
795	789		WITHDRAWAL, AND AMENDMENT
796	790		A. The Compact shall come into effect on the date on which
797	791		the Compact statute is enacted into law in the tenth member state.
798	792		The provisions, which become effective at that time, shall be
799	793		limited to the powers granted to the Commission relating to
800	794		assembly and the promulgation of rules. Thereafter, the Commission
801	795		shall meet and exercise rulemaking powers necessary to the
802	796		implementation and administration of the Compact.
803	797		B. Any state that joins the Compact subsequent to the
804	798		Commission's initial adoption of the rules shall be subject to the
805	799		rules as they exist on the date on which the Compact becomes law in
806	800		that state. Any rule that has been previously adopted by the
807	801		Commission shall have the full force and effect of law on the day
808	802		the Compact becomes law in that state.
809	803		C. Any member state may withdraw from this Compact by
810	804		enacting a statute repealing the same.
811	805		1. A member state's withdrawal shall not take effect
812	806		until six (6) months after enactment of the
813	807		repealing statute.
814	808		2. Withdrawal shall not affect the continuing
815	809		requirement of the withdrawing state's physical
816	810		therapy licensing board to comply with the
817	811		investigative and adverse action reporting
818	812		requirements of this act prior to the effective
819	813		date of withdrawal.
820	814		D. Nothing contained in this Compact shall be construed to
821	815		invalidate or prevent any physical therapy licensure agreement or
822	816		other cooperative arrangement between a member state and a
823	817		non-member state that does not conflict with the provisions of this
824	818		Compact.
825	819		E. This Compact may be amended by the member states. No
826	820		amendment to this Compact shall become effective and binding upon
827	821		any member state until it is enacted into the laws of all member
828	822		states.
829	823		SECTION 12. CONSTRUCTION AND SEVERABILITY
830	824		This Compact shall be liberally construed so as to effectuate
831	825		the purposes thereof. The provisions of this Compact shall be
832	826		severable and if any phrase, clause, sentence or provision of this
833	827		Compact is declared to be contrary to the constitution of any party
834	828		state or of the United States or the applicability thereof to any
835	829		government, agency, person or circumstance is held invalid, the
836	830		validity of the remainder of this Compact and the applicability
837	831		thereof to any government, agency, person or circumstance shall not
838	832		be affected thereby. If this Compact shall be held contrary to the
839	833		constitution of any party state, the Compact shall remain in full
840	834		force and effect as to the remaining party states and in full force
841	835		and effect as to the party state affected as to all severable
842	836		matters.
843	837		Sec. 453.502. ADMINISTRATION OF COMPACT. The board is the
844	838		Physical Therapy Licensure Compact administrator for this state.
845	839		Sec. 453.503. RULES. The board may adopt rules necessary to
846	840		implement this subchapter.
847	841		SECTION 2. This Act takes effect September 1, 2017.
848		-	* * * * *
	842	+	______________________________ ______________________________
	843	+	President of the Senate Speaker of the House
	844	+	I certify that H.B. No. 2765 was passed by the House on May 4,
	845	+	2017, by the following vote: Yeas 143, Nays 0, 2 present, not
	846	+	voting.
	847	+	______________________________
	848	+	Chief Clerk of the House
	849	+	I certify that H.B. No. 2765 was passed by the Senate on May
	850	+	24, 2017, by the following vote: Yeas 25, Nays 6.
	851	+	______________________________
	852	+	Secretary of the Senate
	853	+	APPROVED: _____________________
	854	+	Date
	855	+	_____________________
	856	+	Governor