Illinois General Assembly - Full Text of HB4593
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Full Text of HB4593  103rd General Assembly

HB4593 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4593

 

Introduced 1/31/2024, by Rep. Kevin John Olickal

 

SYNOPSIS AS INTRODUCED:
 
New Act
225 ILCS 90/8.7 new

    Creates the Physical Therapy Licensure Compact Act. Provides that the State of Illinois ratifies and approves the Physical Therapy Licensure Compact. Provides that the purpose of the Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services, and states that the Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. In the Compact, contains provisions concerning definitions, state participation in the Compact, active duty military personnel and their spouses, adverse actions, establishment of the Physical Therapy Compact Commission, a data system, rulemaking, oversight, dispute resolution, and enforcement, date of implementation, withdrawal, construction, and severability. Amends the Illinois Physical Therapy Act. Adds a provision requiring that applicants for licensure as a physical therapist or physical therapist assistant shall submit their fingerprints for the purpose of criminal history records background checks. Provides that the Department of Financial and Professional Regulation may adopt rules necessary to implement the amendatory provisions.


LRB103 37232 AWJ 67351 b

 

 

A BILL FOR

 

HB4593LRB103 37232 AWJ 67351 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Physical Therapy Licensure Compact Act.
 
6    Section 5. Physical Therapy Licensure Compact. The State
7of Illinois ratifies and approves the following Compact:
 
8
PHYSICAL THERAPY LICENSURE COMPACT

 
9    SECTION 1. PURPOSE
10    The purpose of this Compact is to facilitate interstate
11practice of physical therapy with the goal of improving public
12access to physical therapy services. The practice of physical
13therapy occurs in the state where the patient/client is
14located at the time of the patient/client encounter. The
15Compact preserves the regulatory authority of states to
16protect public health and safety through the current system of
17state licensure.
18    This Compact is designed to achieve the following
19objectives:
20        1. Increase public access to physical therapy services
21    by providing for the mutual recognition of other member

 

 

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1    state licenses;
2        2. Enhance the states' ability to protect the public's
3    health and safety;
4        3. Encourage the cooperation of member states in
5    regulating multi-state physical therapy practice;
6        4. Support spouses of relocating military members;
7        5. Enhance the exchange of licensure, investigative,
8    and disciplinary information between member states; and
9        6. Allow a remote state to hold a provider of services
10    with a compact privilege in that state accountable to that
11    state's practice standards.
 
12    SECTION 2. DEFINITIONS
13    As used in this Compact, and except as otherwise provided,
14the following definitions shall apply:
15    1. "Active Duty Military" means full-time duty status in
16the active uniformed service of the United States, including
17members of the National Guard and Reserve on active duty
18orders pursuant to 10 U.S.C. Section 1209 and 1211.
19    2. "Adverse Action" means disciplinary action taken by a
20physical therapy licensing board based upon misconduct,
21unacceptable performance, or a combination of both.
22    3. "Alternative Program" means a non-disciplinary
23monitoring or practice remediation process approved by a
24physical therapy licensing board. This includes, but is not
25limited to, substance abuse issues.

 

 

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1    4. "Compact privilege" means the authorization granted by
2a remote state to allow a licensee from another member state to
3practice as a physical therapist or work as a physical
4therapist assistant in the remote state under its laws and
5rules. The practice of physical therapy occurs in the member
6state where the patient/client is located at the time of the
7patient/client encounter.
8    5. "Continuing competence" means a requirement, as a
9condition of license renewal, to provide evidence of
10participation in, and/or completion of, educational and
11professional activities relevant to practice or area of work.
12    6. "Data system" means a repository of information about
13licensees, including examination, licensure, investigative,
14compact privilege, and adverse action.
15    7. "Encumbered license" means a license that a physical
16therapy licensing board has limited in any way.
17    8. "Executive Board" means a group of directors elected or
18appointed to act on behalf of, and within the powers granted to
19them by, the Commission.
20    9. "Home state" means the member state that is the
21licensee's primary state of residence.
22    10. "Investigative information" means information,
23records, and documents received or generated by a physical
24therapy licensing board pursuant to an investigation.
25    11. "Jurisprudence Requirement" means the assessment of an
26individual's knowledge of the laws and rules governing the

 

 

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1practice of physical therapy in a state.
2    12. "Licensee" means an individual who currently holds an
3authorization from the state to practice as a physical
4therapist or to work as a physical therapist assistant.
5    13. "Member state" means a state that has enacted the
6Compact.
7    14. "Party state" means any member state in which a
8licensee holds a current license or compact privilege or is
9applying for a license or compact privilege.
10    15. "Physical therapist" means an individual who is
11licensed by a state to practice physical therapy.
12    16. "Physical therapist assistant" means an individual who
13is licensed/certified by a state and who assists the physical
14therapist in selected components of physical therapy.
15    17. "Physical therapy," "physical therapy practice," and
16"the practice of physical therapy" mean the care and services
17provided by or under the direction and supervision of a
18licensed physical therapist.
19    18. "Physical Therapy Compact Commission" or "Commission"
20means the national administrative body whose membership
21consists of all states that have enacted the Compact.
22    19. "Physical therapy licensing board" or "licensing
23board" means the agency of a state that is responsible for the
24licensing and regulation of physical therapists and physical
25therapist assistants.
26    20. "Remote State" means a member state other than the

 

 

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1home state, where a licensee is exercising or seeking to
2exercise the compact privilege.
3    21. "Rule" means a regulation, principle, or directive
4promulgated by the Commission that has the force of law.
5    22. "State" means any state, commonwealth, district, or
6territory of the United States of America that regulates the
7practice of physical therapy.
 
8    SECTION 3. STATE PARTICIPATION IN THE COMPACT
9    A. To participate in the Compact, a state must:
10        1. Participate fully in the Commission's data system,
11    including using the Commission's unique identifier as
12    defined in rules;
13        2. Have a mechanism in place for receiving and
14    investigating complaints about licensees;
15        3. Notify the Commission, in compliance with the terms
16    of the Compact and rules, of any adverse action or the
17    availability of investigative information regarding a
18    licensee;
19        4. Fully implement a criminal background check
20    requirement, within a time frame established by rule, by
21    receiving the results of the Federal Bureau of
22    Investigation record search on criminal background checks
23    and use the results in making licensure decisions in
24    accordance with Section 3.B.;
25        5. Comply with the rules of the Commission;

 

 

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1        6. Utilize a recognized national examination as a
2    requirement for licensure pursuant to the rules of the
3    Commission; and
4        7. Have continuing competence requirements as a
5    condition for license renewal.
6    B. Upon adoption of this statute, the member state shall
7have the authority to obtain biometric-based information from
8each physical therapy licensure applicant and submit this
9information to the Federal Bureau of Investigation for a
10criminal background check in accordance with 28 U.S.C. §534
11and 42 U.S.C. §14616.
12    C. A member state shall grant the compact privilege to a
13licensee holding a valid unencumbered license in another
14member state in accordance with the terms of the Compact and
15rules.
16    D. Member states may charge a fee for granting a compact
17privilege
 
18    SECTION 4. COMPACT PRIVILEGE
19    A. To exercise the compact privilege under the terms and
20provisions of the Compact, the licensee shall:
21        1. Hold a license in the home state;
22        2. Have no encumbrance on any state license;
23        3. Be eligible for a compact privilege in any member
24    state in accordance with Section 4D, G and H;
25        4. Have not had any adverse action against any license

 

 

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1    or compact privilege within the previous 2 years;
2        5. Notify the Commission that the licensee is seeking
3    the compact privilege within a remote state(s);
4        6. Pay any applicable fees, including any state fee,
5    for the compact privilege;
6        7. Meet any jurisprudence requirements established by
7    the remote state(s) in which the licensee is seeking a
8    compact privilege; and
9        8. Report to the Commission adverse action taken by
10    any non-member state within 30 days from the date the
11    adverse action is taken.
12    B. The compact privilege is valid until the expiration
13date of the home license. The licensee must comply with the
14requirements of Section 4.A. to maintain the compact privilege
15in the remote state.
16    C. A licensee providing physical therapy in a remote state
17under the compact privilege shall function within the laws and
18regulations of the remote state.
19    D. A licensee providing physical therapy in a remote state
20is subject to that state's regulatory authority. A remote
21state may, in accordance with due process and that state's
22laws, remove a licensee's compact privilege in the remote
23state for a specific period of time, impose fines, and/or take
24any other necessary actions to protect the health and safety
25of its citizens. The licensee is not eligible for a compact
26privilege in any state until the specific time for removal has

 

 

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1passed and all fines are paid.
2    E. If a home state license is encumbered, the licensee
3shall lose the compact privilege in any remote state until the
4following occur:
5        1. The home state license is no longer encumbered; and
6        2. Two years have elapsed from the date of the adverse
7    action.
8    F. Once an encumbered license in the home state is
9restored to good standing, the licensee must meet the
10requirements of Section 4A to obtain a compact privilege in
11any remote state.
12    G. If a licensee's compact privilege in any remote state
13is removed, the individual shall lose the compact privilege in
14any remote state until the following occur:
15        1. The specific period of time for which the compact
16    privilege was removed has ended;
17        2. All fines have been paid; and
18        3. Two years have elapsed from the date of the adverse
19    action.
20    H. Once the requirements of Section 4G have been met, the
21license must meet the requirements in Section 4A to obtain a
22compact privilege in a remote state.
 
23    SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
24    A licensee who is active duty military or is the spouse of
25an individual who is active duty military may designate one of

 

 

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1the following as the home state:
2    A. Home of record;
3    B. Permanent Change of Station (PCS); or
4    C. State of current residence if it is different than the
5PCS state or home of record.
 
6    SECTION 6. ADVERSE ACTIONS
7    A. A home state shall have exclusive power to impose
8adverse action against a license issued by the home state.
9    B. A home state may take adverse action based on the
10investigative information of a remote state, so long as the
11home state follows its own procedures for imposing adverse
12action.
13    C. Nothing in this Compact shall override a member state's
14decision that participation in an alternative program may be
15used in lieu of adverse action and that such participation
16shall remain non-public if required by the member state's
17laws. Member states must require licensees who enter any
18alternative programs in lieu of discipline to agree not to
19practice in any other member state during the term of the
20alternative program without prior authorization from such
21other member state.
22    D. Any member state may investigate actual or alleged
23violations of the statutes and rules authorizing the practice
24of physical therapy in any other member state in which a
25physical therapist or physical therapist assistant holds a

 

 

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1license or compact privilege.
2    E. A remote state shall have the authority to:
3        1. Take adverse actions as set forth in Section 4.D.
4    against a licensee's compact privilege in the state;
5        2. Issue subpoenas for both hearings and
6    investigations that require the attendance and testimony
7    of witnesses, and the production of evidence. Subpoenas
8    issued by a physical therapy licensing board in a party
9    state for the attendance and testimony of witnesses,
10    and/or the production of evidence from another party
11    state, shall be enforced in the latter state by any court
12    of competent jurisdiction, according to the practice and
13    procedure of that court applicable to subpoenas issued in
14    proceedings pending before it. The issuing authority shall
15    pay any witness fees, travel expenses, mileage, and other
16    fees required by the service statutes of the state where
17    the witnesses and/or evidence are located; and
18        3. If otherwise permitted by state law, recover from
19    the licensee the costs of investigations and disposition
20    of cases resulting from any adverse action taken against
21    that licensee.
22    F. Joint Investigations
23        1. In addition to the authority granted to a member
24    state by its respective physical therapy practice act or
25    other applicable state law, a member state may participate
26    with other member states in joint investigations of

 

 

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1    licensees.
2        2. Member states shall share any investigative,
3    litigation, or compliance materials in furtherance of any
4    joint or individual investigation initiated under the
5    Compact.
 
6    SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
7COMMISSION
8    A. The Compact member states hereby create and establish a
9joint public agency known as the Physical Therapy Compact
10Commission:
11        1. The Commission is an instrumentality of the Compact
12    states.
13        2. Venue is proper and judicial proceedings by or
14    against the Commission shall be brought solely and
15    exclusively in a court of competent jurisdiction where the
16    principal office of the Commission is located. The
17    Commission may waive venue and jurisdictional defenses to
18    the extent it adopts or consents to participate in
19    alternative dispute resolution proceedings.
20        3. Nothing in this Compact shall be construed to be a
21    waiver of sovereign immunity.
22    B. Membership, Voting, and Meetings
23        1. Each member state shall have and be limited to one
24    (1) delegate selected by that member state's licensing
25    board.

 

 

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1        2. The delegate shall be a current member of the
2    licensing board, who is a physical therapist, physical
3    therapist assistant, public member, or the board
4    administrator.
5        3. Any delegate may be removed or suspended from
6    office as provided by the law of the state from which the
7    delegate is appointed.
8        4. The member state board shall fill any vacancy
9    occurring in the Commission.
10        5. Each delegate shall be entitled to one (1) vote
11    with regard to the promulgation of rules and creation of
12    bylaws and shall otherwise have an opportunity to
13    participate in the business and affairs of the Commission.
14        6. A delegate shall vote in person or by such other
15    means as provided in the bylaws. The bylaws may provide
16    for delegates' participation in meetings by telephone or
17    other means of communication.
18        7. The Commission shall meet at least once during each
19    calendar year. Additional meetings shall be held as set
20    forth in the bylaws.
21    C. The Commission shall have the following powers and
22duties:
23        1. Establish the fiscal year of the Commission;
24        2. Establish bylaws;
25        3. Maintain its financial records in accordance with
26    the bylaws;

 

 

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1        4. Meet and take such actions as are consistent with
2    the provisions of this Compact and the bylaws;
3        5. Promulgate uniform rules to facilitate and
4    coordinate implementation and administration of this
5    Compact. The rules shall have the force and effect of law
6    and shall be binding in all member states;
7        6. Bring and prosecute legal proceedings or actions in
8    the name of the Commission, provided that the standing of
9    any state physical therapy licensing board to sue or be
10    sued under applicable law shall not be affected;
11        7. Purchase and maintain insurance and bonds;
12        8. Borrow, accept, or contract for services of
13    personnel, including, but not limited to, employees of a
14    member state;
15        9. Hire employees, elect or appoint officers, fix
16    compensation, define duties, grant such individuals
17    appropriate authority to carry out the purposes of the
18    Compact, and to establish the Commission's personnel
19    policies and programs relating to conflicts of interest,
20    qualifications of personnel, and other related personnel
21    matters;
22        10. Accept any and all appropriate donations and
23    grants of money, equipment, supplies, materials and
24    services, and to receive, utilize and dispose of the same;
25    provided that at all times the Commission shall avoid any
26    appearance of impropriety and/or conflict of interest;

 

 

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1        11. Lease, purchase, accept appropriate gifts or
2    donations of, or otherwise to own, hold, improve or use,
3    any property, real, personal or mixed; provided that at
4    all times the Commission shall avoid any appearance of
5    impropriety;
6        12. Sell convey, mortgage, pledge, lease, exchange,
7    abandon, or otherwise dispose of any property real,
8    personal, or mixed;
9        13. Establish a budget and make expenditures;
10        14. Borrow money;
11        15. Appoint committees, including standing committees
12    composed of members, state regulators, state legislators
13    or their representatives, and consumer representatives,
14    and such other interested persons as may be designated in
15    this Compact and the bylaws;
16        16. Provide and receive information from, and
17    cooperate with, law enforcement agencies;
18        17. Establish and elect an Executive Board; and
19        18. Perform such other functions as may be necessary
20    or appropriate to achieve the purposes of this Compact
21    consistent with the state regulation of physical therapy
22    licensure and practice.
23    D. The Executive Board
24    The Executive Board shall have the power to act on behalf
25of the Commission according to the terms of this Compact
26        1. The Executive Board shall be composed of nine

 

 

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1    members:
2            a. Seven voting members who are elected by the
3        Commission from the current membership of the
4        Commission;
5            b. One ex-officio, nonvoting member from the
6        recognized national physical therapy professional
7        association; and
8            c. One ex-officio, nonvoting member from the
9        recognized membership organization of the physical
10        therapy licensing boards.
11        2. The ex-officio members will be selected by their
12    respective organizations.
13        3. The Commission may remove any member of the
14    Executive Board as provided in bylaws.
15        4. The Executive Board shall meet at least annually.
16        5. The Executive Board shall have the following Duties
17    and responsibilities:
18            a. Recommend to the entire Commission changes to
19        the rules or bylaws, changes to this Compact
20        legislation, fees paid by Compact member states such
21        as annual dues, and any commission Compact fee charged
22        to licensees for the compact privilege;
23            b. Ensure Compact administration services are
24        appropriately provided, contractual or otherwise;
25            c. Prepare and recommend the budget;
26            d. Maintain financial records on behalf of the

 

 

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1        Commission;
2            e. Monitor Compact compliance of member states and
3        provide compliance reports to the Commission;
4            f. Establish additional committees as necessary;
5        and
6            g. Other duties as provided in rules or bylaws.
7    E. Meetings of the Commission
8        1. All meetings shall be open to the public, and
9    public notice of meetings shall be given in the same
10    manner as required under the rulemaking provisions in
11    Section 9.
12        2. The Commission or the Executive Board or other
13    committees of the Commission may convene in a closed,
14    non-public meeting if the Commission or Executive Board or
15    other committees of the Commission must discuss:
16            a. Non-compliance of a member state with its
17        obligations under the Compact;
18            b. The employment, compensation, discipline or
19        other matters, practices or procedures related to
20        specific employees or other matters related to the
21        Commission's internal personnel practices and
22        procedures;
23            c. Current, threatened, or reasonably anticipated
24        litigation;
25            d. Negotiation of contracts for the purchase,
26        lease, or sale of goods, services, or real estate;

 

 

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1            e. Accusing any person of a crime or formally
2        censuring any person;
3            f. Disclosure of trade secrets or commercial or
4        financial information that is privileged or
5        confidential;
6            g. Disclosure of information of a personal nature
7        where disclosure would constitute a clearly
8        unwarranted invasion of personal privacy;
9            h. Disclosure of investigative records compiled
10        for law enforcement purposes;
11            i. Disclosure of information related to any
12        investigative reports prepared by or on behalf of or
13        for use of the Commission or other committee charged
14        with responsibility of investigation or determination
15        of compliance issues pursuant to the Compact; or
16            j. Matters specifically exempted from disclosure
17        by federal or member state statute.
18        3. If a meeting, or portion of a meeting, is closed
19    pursuant to this provision, the Commission's legal counsel
20    or designee shall certify that the meeting may be closed
21    and shall reference each relevant exempting provision.
22        4. The Commission shall keep minutes that fully and
23    clearly describe all matters discussed in a meeting and
24    shall provide a full and accurate summary of actions
25    taken, and the reasons therefore, including a description
26    of the views expressed. All documents considered in

 

 

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1    connection with an action shall be identified in such
2    minutes. All minutes and documents of a closed meeting
3    shall remain under seal, subject to release by a majority
4    vote of the Commission or order of a court of competent
5    jurisdiction.
6    F. Financing of the Commission
7        1. The Commission shall pay, or provide for the
8    payment of, the reasonable expenses of its establishment,
9    organization, and ongoing activities.
10        2. The Commission may accept any and all appropriate
11    revenue sources, donations, and grants of money,
12    equipment, supplies, materials, and services.
13        3. The Commission may levy on and collect an annual
14    assessment from each member state or impose fees on other
15    parties to cover the cost of the operations and activities
16    of the Commission and its staff, which must be in a total
17    amount sufficient to cover its annual budget as approved
18    each year for which revenue is not provided by other
19    sources. The aggregate annual assessment amount shall be
20    allocated based upon a formula to be determined by the
21    Commission, which shall promulgate a rule binding upon all
22    member states.
23        4. The Commission shall not incur obligations of any
24    kind prior to securing the funds adequate to meet the
25    same; nor shall the Commission pledge the credit of any of
26    the member states, except by and with the authority of the

 

 

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1    member state.
2        5. The Commission shall keep accurate accounts of all
3    receipts and disbursements. The receipts and disbursements
4    of the Commission shall be subject to the audit and
5    accounting procedures established under its bylaws.
6    However, all receipts and disbursements of funds handled
7    by the Commission shall be audited yearly by a certified
8    or licensed public accountant, and the report of the audit
9    shall be included in and become part of the annual report
10    of the Commission.
11    G. Qualified Immunity, Defense, and Indemnification
12        1. The members, officers, executive director,
13    employees and representatives of the Commission shall be
14    immune from suit and liability, either personally or in
15    their official capacity, for any claim for damage to or
16    loss of property or personal injury or other civil
17    liability caused by or arising out of any actual or
18    alleged act, error or omission that occurred, or that the
19    person against whom the claim is made had a reasonable
20    basis for believing occurred within the scope of
21    Commission employment, duties or responsibilities;
22    provided that nothing in this paragraph shall be construed
23    to protect any such person from suit and/or liability for
24    any damage, loss, injury, or liability caused by the
25    intentional or willful or wanton misconduct of that
26    person.

 

 

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1        2. The Commission shall defend any member, officer,
2    executive director, employee or representative of the
3    Commission in any civil action seeking to impose liability
4    arising out of any actual or alleged act, error, or
5    omission that occurred within the scope of Commission
6    employment, duties, or responsibilities, or that the
7    person against whom the claim is made had a reasonable
8    basis for believing occurred within the scope of
9    Commission employment, duties, or responsibilities;
10    provided that nothing herein shall be construed to
11    prohibit that person from retaining his or her own
12    counsel; and provided further, that the actual or alleged
13    act, error, or omission did not result from that person's
14    intentional or willful or wanton misconduct.
15        3. The Commission shall indemnify and hold harmless
16    any member, officer, executive director, employee, or
17    representative of the Commission for the amount of any
18    settlement or judgment obtained against that person
19    arising out of any actual or alleged act, error or
20    omission that occurred within the scope of Commission
21    employment, duties, or responsibilities, or that such
22    person had a reasonable basis for believing occurred
23    within the scope of Commission employment, duties, or
24    responsibilities, provided that the actual or alleged act,
25    error, or omission did not result from the intentional or
26    willful or wanton misconduct of that person.
 

 

 

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1    SECTION 8. DATA SYSTEM
2    A. The Commission shall provide for the development,
3maintenance, and utilization of a coordinated database and
4reporting system containing licensure, adverse action, and
5investigative information on all licensed individuals in
6member states.
7    B. Notwithstanding any other provision of state law to the
8contrary, a member state shall submit a uniform data set to the
9data system on all individuals to whom this Compact is
10applicable as required by the rules of the Commission,
11including:
12        1. Identifying information;
13        2. Licensure data;
14        3. Adverse actions against a license or compact
15    privilege;
16        4. Non-confidential information related to alternative
17    program participation;
18        5. Any denial of application for licensure, and the
19    reason(s) for such denial; and
20        6. Other information that may facilitate the
21    administration of this Compact, as determined by the rules
22    of the Commission.
23    C. Investigative information pertaining to a licensee in
24any member state will only be available to other party states.
25    D. The Commission shall promptly notify all member states

 

 

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1of any adverse action taken against a licensee or an
2individual applying for a license. Adverse action information
3pertaining to a licensee in any member state will be available
4to any other member state.
5    E. Member states contributing information to the data
6system may designate information that may not be shared with
7the public without the express permission of the contributing
8state.
9    F. Any information submitted to the data system that is
10subsequently required to be expunged by the laws of the member
11state contributing the information shall be removed from the
12data system.
 
13    SECTION 9. RULEMAKING
14    A. The Commission shall exercise its rulemaking powers
15pursuant to the criteria set forth in this Section and the
16rules adopted thereunder. Rules and amendments shall become
17binding as of the date specified in each rule or amendment.
18    B. If a majority of the legislatures of the member states
19rejects a rule, by enactment of a statute or resolution in the
20same manner used to adopt the Compact within 4 years of the
21date of adoption of the rule, then such rule shall have no
22further force and effect in any member state.
23    C. Rules or amendments to the rules shall be adopted at a
24regular or special meeting of the Commission.
25    D. Prior to promulgation and adoption of a final rule or

 

 

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1rules by the Commission, and at least thirty (30) days in
2advance of the meeting at which the rule will be considered and
3voted upon, the Commission shall file a Notice of Proposed
4Rulemaking:
5        1. On the website of the Commission or other publicly
6    accessible platform; and
7        2. On the website of each member state physical
8    therapy licensing board or other publicly accessible
9    platform or the publication in which each state would
10    otherwise publish proposed rules.
11    E. The Notice of Proposed Rulemaking shall include:
12        1. The proposed time, date, and location of the
13    meeting in which the rule will be considered and voted
14    upon;
15        2. The text of the proposed rule or amendment and the
16    reason for the proposed rule;
17        3. A request for comments on the proposed rule from
18    any interested person; and
19        4. The manner in which interested persons may submit
20    notice to the Commission of their intention to attend the
21    public hearing and any written comments.
22    F. Prior to adoption of a proposed rule, the Commission
23shall allow persons to submit written data, facts, opinions,
24and arguments, which shall be made available to the public.
25    G. The Commission shall grant an opportunity for a public
26hearing before it adopts a rule or amendment if a hearing is

 

 

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1requested by:
2        1. At least twenty-five (25) persons;
3        2. A state or federal governmental subdivision or
4    agency; or
5        3. An association having at least twenty-five (25)
6    members.
7    H. If a hearing is held on the proposed rule or amendment,
8the Commission shall publish the place, time, and date of the
9scheduled public hearing. If the hearing is held via
10electronic means, the Commission shall publish the mechanism
11for access to the electronic hearing.
12        1. All persons wishing to be heard at the hearing
13    shall notify the executive director of the Commission or
14    other designated member in writing of their desire to
15    appear and testify at the hearing not less than five (5)
16    business days before the scheduled date of the hearing.
17        2. Hearings shall be conducted in a manner providing
18    each person who wishes to comment a fair and reasonable
19    opportunity to comment orally or in writing.
20        3. All hearings will be recorded. A copy of the
21    recording will be made available on request.
22        4. Nothing in this section shall be construed as
23    requiring a separate hearing on each rule. Rules may be
24    grouped for the convenience of the Commission at hearings
25    required by this Section.
26    I. Following the scheduled hearing date, or by the close

 

 

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1of business on the scheduled hearing date if the hearing was
2not held, the Commission shall consider all written and oral
3comments received.
4    J. If no written notice of intent to attend the public
5hearing by interested parties is received, the Commission may
6proceed with promulgation of the proposed rule without a
7public hearing.
8    K. The Commission shall, by majority vote of all members,
9take final action on the proposed rule and shall determine the
10effective date of the rule, if any, based on the rulemaking
11record and the full text of the rule.
12    L. Upon determination that an emergency exists, the
13Commission may consider and adopt an emergency rule without
14prior notice, opportunity for comment, or hearing, provided
15that the usual rulemaking procedures provided in the Compact
16and in this section shall be retroactively applied to the rule
17as soon as reasonably possible, in no event later than ninety
18(90) days after the effective date of the rule. For the
19purposes of this provision, an emergency rule is one that must
20be adopted immediately in order to:
21        1. Meet an imminent threat to public health, safety,
22    or welfare;
23        2. Prevent a loss of Commission or member state funds;
24        3. Meet a deadline for the promulgation of an
25    administrative rule that is established by federal law or
26    rule; or

 

 

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1        4. Protect public health and safety.
2    M. The Commission or an authorized committee of the
3Commission may direct revisions to a previously adopted rule
4or amendment for purposes of correcting typographical errors,
5errors in format, errors in consistency, or grammatical
6errors. Public notice of any revisions shall be posted on the
7website of the Commission. The revision shall be subject to
8challenge by any person for a period of thirty (30) days after
9posting. The revision may be challenged only on grounds that
10the revision results in a material change to a rule. A
11challenge shall be made in writing, and delivered to the chair
12of the Commission prior to the end of the notice period. If no
13challenge is made, the revision will take effect without
14further action. If the revision is challenged, the revision
15may not take effect without the approval of the Commission.
 
16    SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
17    A. Oversight
18        1. The executive, legislative, and judicial branches
19    of state government in each member state shall enforce
20    this Compact and take all actions necessary and
21    appropriate to effectuate the Compact's purposes and
22    intent. The provisions of this Compact and the rules
23    promulgated hereunder shall have standing as statutory
24    law.
25        2. All courts shall take judicial notice of the

 

 

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1    Compact and the rules in any judicial or administrative
2    proceeding in a member state pertaining to the subject
3    matter of this Compact which may affect the powers,
4    responsibilities or actions of the Commission.
5        3. The Commission shall be entitled to receive service
6    of process in any such proceeding, and shall have standing
7    to intervene in such a proceeding for all purposes.
8    Failure to provide service of process to the Commission
9    shall render a judgment or order void as to the
10    Commission, this Compact, or promulgated rules.
11    B. Default, Technical Assistance, and Termination
12        1. If the Commission determines that a member state
13    has defaulted in the performance of its obligations or
14    responsibilities under this Compact or the promulgated
15    rules, the Commission shall:
16            a. Provide written notice to the defaulting state
17        and other member states of the nature of the default,
18        the proposed means of curing the default and/or any
19        other action to be taken by the Commission; and
20            b. Provide remedial training and specific
21        technical assistance regarding the default.
22        2. If a state in default fails to cure the default, the
23    defaulting state may be terminated from the Compact upon
24    an affirmative vote of a majority of the member states,
25    and all rights, privileges and benefits conferred by this
26    Compact may be terminated on the effective date of

 

 

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1    termination. A cure of the default does not relieve the
2    offending state of obligations or liabilities incurred
3    during the period of default.
4        3. Termination of membership in the Compact shall be
5    imposed only after all other means of securing compliance
6    have been exhausted. Notice of intent to suspend or
7    terminate shall be given by the Commission to the
8    governor, the majority and minority leaders of the
9    defaulting state's legislature, and each of the member
10    states.
11        4. A state that has been terminated is responsible for
12    all assessments, obligations, and liabilities incurred
13    through the effective date of termination, including
14    obligations that extend beyond the effective date of
15    termination.
16        5. The Commission shall not bear any costs related to
17    a state that is found to be in default or that has been
18    terminated from the Compact, unless agreed upon in writing
19    between the Commission and the defaulting state.
20        6. The defaulting state may appeal the action of the
21    Commission by petitioning the U.S. District Court for the
22    District of Columbia or the federal district where the
23    Commission has its principal offices. The prevailing
24    member shall be awarded all costs of such litigation,
25    including reasonable attorney's fees.
26    C. Dispute Resolution

 

 

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1        1. Upon request by a member state, the Commission
2    shall attempt to resolve disputes related to the Compact
3    that arise among member states and between member and
4    non-member states.
5        2. The Commission shall promulgate a rule providing
6    for both mediation and binding dispute resolution for
7    disputes as appropriate.
8    D. Enforcement
9        1. The Commission, in the reasonable exercise of its
10    discretion, shall enforce the provisions and rules of this
11    Compact.
12        2. By majority vote, the Commission may initiate legal
13    action in the United States District Court for the
14    District of Columbia or the federal district where the
15    Commission has its principal offices against a member
16    state in default to enforce compliance with the provisions
17    of the Compact and its promulgated rules and bylaws. The
18    relief sought may include both injunctive relief and
19    damages. In the event judicial enforcement is necessary,
20    the prevailing member shall be awarded all costs of such
21    litigation, including reasonable attorney's fees.
22        3. The remedies herein shall not be the exclusive
23    remedies of the Commission. The Commission may pursue any
24    other remedies available under federal or state law.
 
25    SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE

 

 

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1COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,
2WITHDRAWAL, AND AMENDMENT
3    A. The Compact shall come into effect on the date on which
4the Compact statute is enacted into law in the tenth member
5state. The provisions, which become effective at that time,
6shall be limited to the powers granted to the Commission
7relating to assembly and the promulgation of rules.
8Thereafter, the Commission shall meet and exercise rulemaking
9powers necessary to the implementation and administration of
10the Compact.
11    B. Any state that joins the Compact subsequent to the
12Commission's initial adoption of the rules shall be subject to
13the rules as they exist on the date on which the Compact
14becomes law in that state. Any rule that has been previously
15adopted by the Commission shall have the full force and effect
16of law on the day the Compact becomes law in that state.
17    C. Any member state may withdraw from this Compact by
18enacting a statute repealing the same.
19        1. A member state's withdrawal shall not take effect
20    until six (6) months after enactment of the repealing
21    statute.
22        2. Withdrawal shall not affect the continuing
23    requirement of the withdrawing state's physical therapy
24    licensing board to comply with the investigative and
25    adverse action reporting requirements of this act prior to
26    the effective date of withdrawal.

 

 

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1    D. Nothing contained in this Compact shall be construed to
2invalidate or prevent any physical therapy licensure agreement
3or other cooperative arrangement between a member state and a
4non-member state that does not conflict with the provisions of
5this Compact.
6    E. This Compact may be amended by the member states. No
7amendment to this Compact shall become effective and binding
8upon any member state until it is enacted into the laws of all
9member states.
 
10    SECTION 12. CONSTRUCTION AND SEVERABILITY
11    This Compact shall be liberally construed so as to
12effectuate the purposes thereof. The provisions of this
13Compact shall be severable and if any phrase, clause, sentence
14or provision of this Compact is declared to be contrary to the
15constitution of any party state or of the United States or the
16applicability thereof to any government, agency, person or
17circumstance is held invalid, the validity of the remainder of
18this Compact and the applicability thereof to any government,
19agency, person or circumstance shall not be affected thereby.
20If this Compact shall be held contrary to the constitution of
21any party state, the Compact shall remain in full force and
22effect as to the remaining party states and in full force and
23effect as to the party state affected as to all severable
24matters.
 

 

 

HB4593- 32 -LRB103 37232 AWJ 67351 b

1    Section 10. The Illinois Physical Therapy Act is amended
2by adding Section 8.7 as follows:
 
3    (225 ILCS 90/8.7 new)
4    Sec. 8.7. Criminal history records background check. Each
5applicant for licensure under Sections 8, 8.1, and 11 shall
6have his or her fingerprints submitted to the Illinois State
7Police in an electronic format that complies with the form and
8manner for requesting and furnishing criminal history record
9information as prescribed by the Illinois State Police. These
10fingerprints shall be checked against the Illinois State
11Police and Federal Bureau of Investigation criminal history
12record databases now and hereafter filed. The Illinois State
13Police shall charge applicants a fee for conducting the
14criminal history records check, which shall be deposited into
15the State Police Services Fund and shall not exceed the actual
16cost of the records check. The Illinois State Police shall
17furnish, pursuant to positive identification, records of
18Illinois convictions to the Department. The Department may
19require applicants to pay a separate fingerprinting fee,
20either to the Department or to a vendor designated or approved
21by the Department. The Department, in its discretion, may
22allow an applicant or licensee who does not have reasonable
23access to a designated vendor to provide his or her
24fingerprints in an alternative manner. Communication between
25the Department and an interstate compact governing body or

 

 

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1other entities may not include information received from the
2Federal Bureau of Investigation relating to a State and
3federal criminal history records check.
4    The Department may adopt any rules necessary to implement
5this Section.