Illinois General Assembly - Full Text of HB1272
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Full Text of HB1272  100th General Assembly


Rep. Daniel J. Burke

Filed: 3/21/2017





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2    AMENDMENT NO. ______. Amend House Bill 1272 by replacing
3everything after the enacting clause with the following:
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 of
7Illinois enters into the Physical Therapy Licensure Compact in
8substantially the following form with all other states joining
9the Compact:

12    The purpose of this Compact is to facilitate interstate
13practice of physical therapy with the goal of improving public
14access to physical therapy services. The practice of physical



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1therapy occurs in the state where the patient/client is located
2at the time of the patient/client encounter. The Compact
3preserves the regulatory authority of states to protect public
4health and safety through the current system of state
6    This Compact is designed to achieve the following
8        1. Increase public access to physical therapy services
9    by providing for the mutual recognition of other member
10    state licenses;
11        2. Enhance the states' ability to protect the public's
12    health and safety;
13        3. Encourage the cooperation of member states in
14    regulating multi-state physical therapy practice;
15        4. Support spouses of relocating military members;
16        5. Enhance the exchange of licensure, investigative,
17    and disciplinary information between member states; and
18        6. Allow a remote state to hold a provider of services
19    with a compact privilege in that state accountable to that
20    state's practice standards.
22    As used in this Compact, and except as otherwise provided,
23the following definitions shall apply:
24    1. "Active Duty Military" means full-time duty status in
25the active uniformed service of the United States, including



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1members of the National Guard and Reserve on active duty orders
2pursuant to 10 U.S.C. Section 1209 and 1211.
3    2. "Adverse Action" means disciplinary action taken by a
4physical therapy licensing board based upon misconduct,
5unacceptable performance, or a combination of both.
6    3. "Alternative Program" means a non-disciplinary
7monitoring or practice remediation process approved by a
8physical therapy licensing board. This includes, but is not
9limited to, substance abuse issues.
10    4. "Compact privilege" means the authorization granted by a
11remote state to allow a licensee from another member state to
12practice as a physical therapist or work as a physical
13therapist assistant in the remote state under its laws and
14rules. The practice of physical therapy occurs in the member
15state where the patient/client is located at the time of the
16patient/client encounter.
17    5. "Continuing competence" means a requirement, as a
18condition of license renewal, to provide evidence of
19participation in, and/or completion of, educational and
20professional activities relevant to practice or area of work.
21    6. "Data system" means a repository of information about
22licensees, including examination, licensure, investigative,
23compact privilege, and adverse action.
24    7. "Encumbered license" means a license that a physical
25therapy licensing board has limited in any way.
26    8. "Executive Board" means a group of directors elected or



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1appointed to act on behalf of, and within the powers granted to
2them by, the Commission.
3    9. "Home state" means the member state that is the
4licensee's primary state of residence.
5    10. "Investigative information" means information,
6records, and documents received or generated by a physical
7therapy licensing board pursuant to an investigation.
8    11. "Jurisprudence Requirement" means the assessment of an
9individual's knowledge of the laws and rules governing the
10practice of physical therapy in a state.
11    12. "Licensee" means an individual who currently holds an
12authorization from the state to practice as a physical
13therapist or to work as a physical therapist assistant.
14    13. "Member state" means a state that has enacted the
16    14. "Party state" means any member state in which a
17licensee holds a current license or compact privilege or is
18applying for a license or compact privilege.
19    15. "Physical therapist" means an individual who is
20licensed by a state to practice physical therapy.
21    16. "Physical therapist assistant" means an individual who
22is licensed/certified by a state and who assists the physical
23therapist in selected components of physical therapy.
24    17. "Physical therapy," "physical therapy practice," and
25"the practice of physical therapy" mean the care and services
26provided by or under the direction and supervision of a



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1licensed physical therapist.
2    18. "Physical Therapy Compact Commission" or "Commission"
3means the national administrative body whose membership
4consists of all states that have enacted the Compact.
5    19. "Physical therapy licensing board" or "licensing
6board" means the agency of a state that is responsible for the
7licensing and regulation of physical therapists and physical
8therapist assistants.
9    20. "Remote State" means a member state other than the home
10state, where a licensee is exercising or seeking to exercise
11the compact privilege.
12    21. "Rule" means a regulation, principle, or directive
13promulgated by the Commission that has the force of law.
14    22. "State" means any state, commonwealth, district, or
15territory of the United States of America that regulates the
16practice of physical therapy.
18    A. To participate in the Compact, a state must:
19        1. Participate fully in the Commission's data system,
20    including using the Commission's unique identifier as
21    defined in rules;
22        2. Have a mechanism in place for receiving and
23    investigating complaints about licensees;
24        3. Notify the Commission, in compliance with the terms
25    of the Compact and rules, of any adverse action or the



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1    availability of investigative information regarding a
2    licensee;
3        4. Fully implement a criminal background check
4    requirement, within a time frame established by rule, by
5    receiving the results of the Federal Bureau of
6    Investigation record search on criminal background checks
7    and use the results in making licensure decisions in
8    accordance with Section 3.B.;
9        5. Comply with the rules of the Commission;
10        6. Utilize a recognized national examination as a
11    requirement for licensure pursuant to the rules of the
12    Commission; and
13        7. Have continuing competence requirements as a
14    condition for license renewal.
15    B. Upon adoption of this statute, the member state shall
16have the authority to obtain biometric-based information from
17each physical therapy licensure applicant and submit this
18information to the Federal Bureau of Investigation for a
19criminal background check in accordance with 28 U.S.C. §534 and
2042 U.S.C. §14616.
21    C. A member state shall grant the compact privilege to a
22licensee holding a valid unencumbered license in another member
23state in accordance with the terms of the Compact and rules.
24    D. Member states may charge a fee for granting a compact



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2    A. To exercise the compact privilege under the terms and
3provisions of the Compact, the licensee shall:
4        1. Hold a license in the home state;
5        2. Have no encumbrance on any state license;
6        3. Be eligible for a compact privilege in any member
7    state in accordance with Section 4D, G and H;
8        4. Have not had any adverse action against any license
9    or compact privilege within the previous 2 years;
10        5. Notify the Commission that the licensee is seeking
11    the compact privilege
12        within a remote state(s);
13        6. Pay any applicable fees, including any state fee,
14    for the compact privilege;
15        7. Meet any jurisprudence requirements established by
16    the remote state(s) in which the licensee is seeking a
17    compact privilege; and
18        8. Report to the Commission adverse action taken by any
19    non-member state within 30 days from the date the adverse
20    action is taken.
21    B. The compact privilege is valid until the expiration date
22of the home license. The licensee must comply with the
23requirements of Section 4.A. to maintain the compact privilege
24in the remote state.
25    C. A licensee providing physical therapy in a remote state
26under the compact privilege shall function within the laws and



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1regulations of the remote state.
2    D. A licensee providing physical therapy in a remote state
3is subject to that state's regulatory authority. A remote state
4may, in accordance with due process and that state's laws,
5remove a licensee's compact privilege in the remote state for a
6specific period of time, impose fines, and/or take any other
7necessary actions to protect the health and safety of its
8citizens. The licensee is not eligible for a compact privilege
9in any state until the specific time for removal has passed and
10all fines are paid.
11    E. If a home state license is encumbered, the licensee
12shall lose the compact privilege in any remote state until the
13following occur:
14        1. The home state license is no longer encumbered; and
15        2. Two years have elapsed from the date of the adverse
16    action.
17    F. Once an encumbered license in the home state is restored
18to good standing, the licensee must meet the requirements of
19Section 4A to obtain a compact privilege in any remote state.
20    G. If a licensee's compact privilege in any remote state is
21removed, the individual shall lose the compact privilege in any
22remote state until the following occur:
23        1. The specific period of time for which the compact
24    privilege was removed has ended;
25        2. All fines have been paid; and
26        3. Two years have elapsed from the date of the adverse



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1    action.
2    H. Once the requirements of Section 4G have been met, the
3license must meet the requirements in Section 4A to obtain a
4compact privilege in a remote state.
6    A licensee who is active duty military or is the spouse of
7an individual who is active duty military may designate one of
8the following as the home state:
9    A. Home of record;
10    B. Permanent Change of Station (PCS); or
11    C. State of current residence if it is different than the
12PCS state or home of record.
14    A. A home state shall have exclusive power to impose
15adverse action against a license issued by the home state.
16    B. A home state may take adverse action based on the
17investigative information of a
18    remote state, so long as the home state follows its own
19procedures for imposing adverse action.
20    C. Nothing in this Compact shall override a member state's
21decision that participation in an alternative program may be
22used in lieu of adverse action and that such participation
23shall remain non-public if required by the member state's laws.
24Member states must require licensees who enter any alternative



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1programs in lieu of discipline to agree not to practice in any
2other member state during the term of the alternative program
3without prior authorization from such other member state.
4    D. Any member state may investigate actual or alleged
5violations of the statutes and rules authorizing the practice
6of physical therapy in any other member state in which a
7physical therapist or physical therapist assistant holds a
8license or compact privilege.
9    E. A remote state shall have the authority to:
10        1. Take adverse actions as set forth in Section 4.D.
11    against a licensee's compact privilege in the state;
12        2. Issue subpoenas for both hearings and
13    investigations that require the attendance and testimony
14    of witnesses, and the production of evidence. Subpoenas
15    issued by a physical therapy licensing board in a party
16    state for the attendance and testimony of witnesses, and/or
17    the production of evidence from another party state, shall
18    be enforced in the latter state by any court of competent
19    jurisdiction, according to the practice and procedure of
20    that court applicable to subpoenas issued in proceedings
21    pending before it. The issuing authority shall pay any
22    witness fees, travel expenses, mileage, and other fees
23    required by the service statutes of the state where the
24    witnesses and/or evidence are located; and
25        3. If otherwise permitted by state law, recover from
26    the licensee the costs of investigations and disposition of



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1    cases resulting from any adverse action taken against that
2    licensee.
3    F. Joint Investigations
4        1. In addition to the authority granted to a member
5    state by its respective physical therapy practice act or
6    other applicable state law, a member state may participate
7    with other member states in joint investigations of
8    licensees.
9        2. Member states shall share any investigative,
10    litigation, or compliance materials in furtherance of any
11    joint or individual investigation initiated under the
12    Compact.
15    A. The Compact member states hereby create and establish a
16joint public agency known as the Physical Therapy Compact
18        1. The Commission is an instrumentality of the Compact
19    states.
20        2. Venue is proper and judicial proceedings by or
21    against the Commission shall be brought solely and
22    exclusively in a court of competent jurisdiction where the
23    principal office of the Commission is located. The
24    Commission may waive venue and jurisdictional defenses to
25    the extent it adopts or consents to participate in



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1    alternative dispute resolution proceedings.
2        3. Nothing in this Compact shall be construed to be a
3    waiver of sovereign immunity.
4    B. Membership, Voting, and Meetings
5        1. Each member state shall have and be limited to one
6    (1) delegate selected by that member state's licensing
7    board.
8        2. The delegate shall be a current member of the
9    licensing board, who is a physical therapist, physical
10    therapist assistant , public member, or the board
11    administrator.
12        3. Any delegate may be removed or suspended from office
13    as provided by the law of the state from which the delegate
14    is appointed.
15        4. The member state board shall fill any vacancy
16    occurring in the Commission.
17        5. Each delegate shall be entitled to one (1) vote with
18    regard to the promulgation of rules and creation of bylaws
19    and shall otherwise have an opportunity to participate in
20    the business and affairs of the Commission.
21        6. A delegate shall vote in person or by such other
22    means as provided in the bylaws. The bylaws may provide for
23    delegates' participation in meetings by telephone or other
24    means of communication.
25        7. The Commission shall meet at least once during each
26    calendar year. Additional meetings shall be held as set



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1    forth in the bylaws.
2    C. The Commission shall have the following powers and
4        1. Establish the fiscal year of the Commission;
5        2. Establish bylaws;
6        3. Maintain its financial records in accordance with
7    the bylaws;
8        4. Meet and take such actions as are consistent with
9    the provisions of this Compact and the bylaws;
10        5. Promulgate uniform rules to facilitate and
11    coordinate implementation and administration of this
12    Compact. The rules shall have the force and effect of law
13    and shall be binding in all member states;
14        6. Bring and prosecute legal proceedings or actions in
15    the name of the Commission, provided that the standing of
16    any state physical therapy licensing board to sue or be
17    sued under applicable law shall not be affected;
18        7. Purchase and maintain insurance and bonds;
19        8. Borrow, accept, or contract for services of
20    personnel, including, but not limited to, employees of a
21    member state;
22        9. Hire employees, elect or appoint officers, fix
23    compensation, define duties, grant such individuals
24    appropriate authority to carry out the purposes of the
25    Compact, and to establish the Commission's personnel
26    policies and programs relating to conflicts of interest,



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1    qualifications of personnel, and other related personnel
2    matters;
3        10. Accept any and all appropriate donations and grants
4    of money, equipment, supplies, materials and services, and
5    to receive, utilize and dispose of the same; provided that
6    at all times the Commission shall avoid any appearance of
7    impropriety and/or conflict of interest;
8        11. Lease, purchase, accept appropriate gifts or
9    donations of, or otherwise to own, hold, improve or use,
10    any property, real, personal or mixed; provided that at all
11    times the Commission shall avoid any appearance of
12    impropriety;
13        12. Sell convey, mortgage, pledge, lease, exchange,
14    abandon, or otherwise dispose of any property real,
15    personal, or mixed;
16        13. Establish a budget and make expenditures;
17        14. Borrow money;
18        15. Appoint committees, including standing committees
19    composed of members, state regulators, state legislators
20    or their representatives, and consumer representatives,
21    and such other interested persons as may be designated in
22    this Compact and the bylaws;
23        16. Provide and receive information from, and
24    cooperate with, law enforcement agencies;
25        17. Establish and elect an Executive Board; and
26        18. Perform such other functions as may be necessary or



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1    appropriate to achieve the purposes of this Compact
2    consistent with the state regulation of physical therapy
3    licensure and practice.
4    D. The Executive Board
5    The Executive Board shall have the power to act on behalf
6of the Commission according to the terms of this Compact
7        1. The Executive Board shall be composed of nine
8    members:
9            a. Seven voting members who are elected by the
10        Commission from the current membership of the
11        Commission;
12            b. One ex-officio, nonvoting member from the
13        recognized national physical therapy professional
14        association; and
15            c. One ex-officio, nonvoting member from the
16        recognized membership organization of the physical
17        therapy licensing boards.
18        2. The ex-officio members will be selected by their
19    respective organizations.
20        3. The Commission may remove any member of the
21    Executive Board as provided in bylaws.
22        4. The Executive Board shall meet at least annually.
23        5. The Executive Board shall have the following Duties
24    and responsibilities:
25            a. Recommend to the entire Commission changes to
26        the rules or bylaws, changes to this Compact



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1        legislation, fees paid by Compact member states such as
2        annual dues, and any commission Compact fee charged to
3        licensees for the compact privilege;
4            b. Ensure Compact administration services are
5        appropriately provided, contractual or otherwise;
6            c. Prepare and recommend the budget;
7            d. Maintain financial records on behalf of the
8        Commission;
9            e. Monitor Compact compliance of member states and
10        provide compliance reports to the Commission;
11            f. Establish additional committees as necessary;
12        and
13            g. Other duties as provided in rules or bylaws.
14    E. Meetings of the Commission
15        1. All meetings shall be open to the public, and public
16    notice of meetings shall be given in the same manner as
17    required under the rulemaking provisions in Section 9.
18        2. The Commission or the Executive Board or other
19    committees of the Commission may convene in a closed,
20    non-public meeting if the Commission or Executive Board or
21    other committees of the Commission must discuss:
22            a. Non-compliance of a member state with its
23        obligations under the Compact;
24            b. The employment, compensation, discipline or
25        other matters, practices or procedures related to
26        specific employees or other matters related to the



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1        Commission's internal personnel practices and
2        procedures;
3            c. Current, threatened, or reasonably anticipated
4        litigation;
5            d. Negotiation of contracts for the purchase,
6        lease, or sale of goods, services, or real estate;
7            e. Accusing any person of a crime or formally
8        censuring any person;
9            f. Disclosure of trade secrets or commercial or
10        financial information that is privileged or
11        confidential;
12            g. Disclosure of information of a personal nature
13        where disclosure would constitute a clearly
14        unwarranted invasion of personal privacy;
15            h. Disclosure of investigative records compiled
16        for law enforcement purposes;
17            i. Disclosure of information related to any
18        investigative reports prepared by or on behalf of or
19        for use of the Commission or other committee charged
20        with responsibility of investigation or determination
21        of compliance issues pursuant to the Compact; or
22            j. Matters specifically exempted from disclosure
23        by federal or member state statute.
24        3. If a meeting, or portion of a meeting, is closed
25    pursuant to this provision, the Commission's legal counsel
26    or designee shall certify that the meeting may be closed



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1    and shall reference each relevant exempting provision.
2        4. The Commission shall keep minutes that fully and
3    clearly describe all matters discussed in a meeting and
4    shall provide a full and accurate summary of actions taken,
5    and the reasons therefore, including a description of the
6    views expressed. All documents considered in connection
7    with an action shall be identified in such minutes. All
8    minutes and documents of a closed meeting shall remain
9    under seal, subject to release by a majority vote of the
10    Commission or order of a court of competent jurisdiction.
11    F. Financing of the Commission
12        1. The Commission shall pay, or provide for the payment
13    of, the reasonable expenses of its establishment,
14    organization, and ongoing activities.
15        2. The Commission may accept any and all appropriate
16    revenue sources, donations, and grants of money,
17    equipment, supplies, materials, and services.
18        3. The Commission may levy on and collect an annual
19    assessment from each member state or impose fees on other
20    parties to cover the cost of the operations and activities
21    of the Commission and its staff, which must be in a total
22    amount sufficient to cover its annual budget as approved
23    each year for which revenue is not provided by other
24    sources. The aggregate annual assessment amount shall be
25    allocated based upon a formula to be determined by the
26    Commission, which shall promulgate a rule binding upon all



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1    member states.
2        4. The Commission shall not incur obligations of any
3    kind prior to securing the funds adequate to meet the same;
4    nor shall the Commission pledge the credit of any of the
5    member states, except by and with the authority of the
6    member state.
7        5. The Commission shall keep accurate accounts of all
8    receipts and disbursements. The receipts and disbursements
9    of the Commission shall be subject to the audit and
10    accounting procedures established under its bylaws.
11    However, all receipts and disbursements of funds handled by
12    the Commission shall be audited yearly by a certified or
13    licensed public accountant, and the report of the audit
14    shall be included in and become part of the annual report
15    of the Commission.
16    G. Qualified Immunity, Defense, and Indemnification
17        1. The members, officers, executive director,
18    employees and representatives of the Commission shall be
19    immune from suit and liability, either personally or in
20    their official capacity, for any claim for damage to or
21    loss of property or personal injury or other civil
22    liability caused by or arising out of any actual or alleged
23    act, error or omission that occurred, or that the person
24    against whom the claim is made had a reasonable basis for
25    believing occurred within the scope of Commission
26    employment, duties or responsibilities; provided that



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



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1    Commission employment, duties, or responsibilities,
2    provided that the actual or alleged act, error, or omission
3    did not result from the intentional or willful or wanton
4    misconduct of that person.
6    A. The Commission shall provide for the development,
7maintenance, and utilization of a coordinated database and
8reporting system containing licensure, adverse action, and
9investigative information on all licensed individuals in
10member states.
11    B. Notwithstanding any other provision of state law to the
12contrary, a member state shall submit a uniform data set to the
13data system on all individuals to whom this Compact is
14applicable as required by the rules of the Commission,
16        1. Identifying information;
17        2. Licensure data;
18        3. Adverse actions against a license or compact
19    privilege;
20        4. Non-confidential information related to alternative
21    program participation;
22        5. Any denial of application for licensure, and the
23    reason(s) for such denial; and
24        6. Other information that may facilitate the
25    administration of this Compact, as determined by the rules



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



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



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



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



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



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



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



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



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



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