Full Text of SB1090 102nd General Assembly
SB1090sam001 102ND GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 4/16/2021
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| 1 | | AMENDMENT TO SENATE BILL 1090
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1090 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Physical Therapy Act is amended | 5 | | by adding Sections 8.7 and 33.5 as follows: | 6 | | (225 ILCS 90/8.7 new) | 7 | | Sec. 8.7. Criminal history records background check. Each | 8 | | applicant for licensure under Sections 8, 8.1, and 11 shall | 9 | | have his or her fingerprints submitted to the Illinois State | 10 | | Police in an electronic format that complies with the form and | 11 | | manner for requesting and furnishing criminal history record | 12 | | information as prescribed by the Illinois State Police. These | 13 | | fingerprints shall be checked against the Illinois State | 14 | | Police and Federal Bureau of Investigation criminal history | 15 | | record databases now and hereafter filed. The Illinois State | 16 | | Police shall charge applicants a fee for conducting the |
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| 1 | | criminal history records check, which shall be deposited into | 2 | | the State Police Services Fund and shall not exceed the actual | 3 | | cost of the records check. The Illinois State Police shall | 4 | | furnish, pursuant to positive identification, records of | 5 | | Illinois convictions to the Department. The Department may | 6 | | require applicants to pay a separate fingerprinting fee, | 7 | | either to the Department or to a vendor designated or approved | 8 | | by the Department. The Department, in its discretion, may | 9 | | allow an applicant or licensee who does not have reasonable | 10 | | access to a designated vendor to provide his or her | 11 | | fingerprints in an alternative manner. Communication between | 12 | | the Department and an interstate compact governing body or | 13 | | other entities may not include information received from the | 14 | | Federal Bureau of Investigation relating to a State and | 15 | | federal criminal history records check. The Department may | 16 | | adopt any rules necessary to implement this Section. | 17 | | (225 ILCS 90/33.5 new) | 18 | | Sec. 33.5. Physical Therapy Licensure Compact. The State | 19 | | of Illinois ratifies and approves the following Compact: | 20 | | PHYSICAL THERAPY LICENSURE COMPACT | 21 | | SECTION 1. PURPOSE | 22 | | The purpose of this Compact is to facilitate interstate | 23 | | practice of physical therapy with the goal of improving public |
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| 1 | | access to physical therapy services. The practice of physical | 2 | | therapy occurs in the state where the patient/client is | 3 | | located at the time of the patient/client encounter. The | 4 | | Compact preserves the regulatory authority of states to | 5 | | protect public health and safety through the current system of | 6 | | state licensure. | 7 | | This Compact is designed to achieve the following | 8 | | objectives: | 9 | | 1. Increase public access to physical therapy services | 10 | | by providing for the mutual recognition of other member | 11 | | state licenses; | 12 | | 2. Enhance the states' ability to protect the public's | 13 | | health and safety; | 14 | | 3. Encourage the cooperation of member states in | 15 | | regulating multi-state physical therapy practice; | 16 | | 4. Support spouses of relocating military members; | 17 | | 5. Enhance the exchange of licensure, investigative, | 18 | | and disciplinary information between member states; and | 19 | | 6. Allow a remote state to hold a provider of services | 20 | | with a compact privilege in that state accountable to that | 21 | | state's practice standards. | 22 | | SECTION 2. DEFINITIONS | 23 | | As used in this Compact, and except as otherwise provided, | 24 | | the following definitions shall apply: | 25 | | 1. "Active Duty Military" means full-time duty status in |
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| 1 | | the active uniformed service of the United States, including | 2 | | members of the National Guard and Reserve on active duty | 3 | | orders pursuant to 10 U.S.C. Section 1209 and 1211. | 4 | | 2. "Adverse Action" means disciplinary action taken by a | 5 | | physical therapy licensing board based upon misconduct, | 6 | | unacceptable performance, or a combination of both. | 7 | | 3. "Alternative Program" means a non-disciplinary | 8 | | monitoring or practice remediation process approved by a | 9 | | physical therapy licensing board. This includes, but is not | 10 | | limited to, substance abuse issues. | 11 | | 4. "Compact privilege" means the authorization granted by | 12 | | a remote state to allow a licensee from another member state to | 13 | | practice as a physical therapist or work as a physical | 14 | | therapist assistant in the remote state under its laws and | 15 | | rules. The practice of physical therapy occurs in the member | 16 | | state where the patient/client is located at the time of the | 17 | | patient/client encounter. | 18 | | 5. "Continuing competence" means a requirement, as a | 19 | | condition of license renewal, to provide evidence of | 20 | | participation in, and/or completion of, educational and | 21 | | professional activities relevant to practice or area of work. | 22 | | 6. "Data system" means a repository of information about | 23 | | licensees, including examination, licensure, investigative, | 24 | | compact privilege, and adverse action. | 25 | | 7. "Encumbered license" means a license that a physical | 26 | | therapy licensing board has limited in any way. |
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| 1 | | 8. "Executive Board" means a group of directors elected or | 2 | | appointed to act on behalf of, and within the powers granted to | 3 | | them by, the Commission. | 4 | | 9. "Home state" means the member state that is the | 5 | | licensee's primary state of residence. | 6 | | 10. "Investigative information" means information, | 7 | | records, and documents received or generated by a physical | 8 | | therapy licensing board pursuant to an investigation. | 9 | | 11. "Jurisprudence Requirement" means the assessment of an | 10 | | individual's knowledge of the laws and rules governing the | 11 | | practice of physical therapy in a state. | 12 | | 12. "Licensee" means an individual who currently holds an | 13 | | authorization from the state to practice as a physical | 14 | | therapist or to work as a physical therapist assistant. | 15 | | 13. "Member state" means a state that has enacted the | 16 | | Compact. | 17 | | 14. "Party state" means any member state in which a | 18 | | licensee holds a current license or compact privilege or is | 19 | | applying for a license or compact privilege. | 20 | | 15. "Physical therapist" means an individual who is | 21 | | licensed by a state to practice physical therapy. | 22 | | 16. "Physical therapist assistant" means an individual who | 23 | | is licensed/certified by a state and who assists the physical | 24 | | therapist in selected components of physical therapy. | 25 | | 17. "Physical therapy," "physical therapy practice," and | 26 | | "the practice of physical therapy" mean the care and services |
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| 1 | | provided by or under the direction and supervision of a | 2 | | licensed physical therapist. | 3 | | 18. "Physical Therapy Compact Commission" or "Commission" | 4 | | means the national administrative body whose membership | 5 | | consists of all states that have enacted the Compact. | 6 | | 19. "Physical therapy licensing board" or "licensing | 7 | | board" means the agency of a state that is responsible for the | 8 | | licensing and regulation of physical therapists and physical | 9 | | therapist assistants. | 10 | | 20. "Remote State" means a member state other than the | 11 | | home state, where a licensee is exercising or seeking to | 12 | | exercise the compact privilege. | 13 | | 21. "Rule" means a regulation, principle, or directive | 14 | | promulgated by the Commission that has the force of law. | 15 | | 22. "State" means any state, commonwealth, district, or | 16 | | territory of the United States of America that regulates the | 17 | | practice of physical therapy. | 18 | | SECTION 3. STATE PARTICIPATION IN THE COMPACT | 19 | | A. To participate in the Compact, a state must: | 20 | | 1. Participate fully in the Commission's data system, | 21 | | including using the Commission's unique identifier as | 22 | | defined in rules; | 23 | | 2. Have a mechanism in place for receiving and | 24 | | investigating complaints about licensees; | 25 | | 3. Notify the Commission, in compliance with the terms |
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| 1 | | of the Compact and rules, of any adverse action or the | 2 | | availability of investigative information regarding a | 3 | | licensee; | 4 | | 4. Fully implement a criminal background check | 5 | | requirement, within a time frame established by rule, by | 6 | | receiving the results of the Federal Bureau of | 7 | | Investigation record search on criminal background checks | 8 | | and use the results in making licensure decisions in | 9 | | accordance with Section 3.B.; | 10 | | 5. Comply with the rules of the Commission; | 11 | | 6. Utilize a recognized national examination as a | 12 | | requirement for licensure pursuant to the rules of the | 13 | | Commission; and | 14 | | 7. Have continuing competence requirements as a | 15 | | condition for license renewal. | 16 | | B. Upon adoption of this statute, the member state shall | 17 | | have the authority to obtain biometric-based information from | 18 | | each physical therapy licensure applicant and submit this | 19 | | information to the Federal Bureau of Investigation for a | 20 | | criminal background check in accordance with 28 U.S.C. §534 | 21 | | and 42 U.S.C. §14616. | 22 | | C. A member state shall grant the compact privilege to a | 23 | | licensee holding a valid unencumbered license in another | 24 | | member state in accordance with the terms of the Compact and | 25 | | rules. | 26 | | D. Member states may charge a fee for granting a compact |
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| 1 | | privilege | 2 | | SECTION 4. COMPACT PRIVILEGE | 3 | | A. To exercise the compact privilege under the terms and | 4 | | provisions of the Compact, the licensee shall: | 5 | | 1. Hold a license in the home state; | 6 | | 2. Have no encumbrance on any state license; | 7 | | 3. Be eligible for a compact privilege in any member | 8 | | state in accordance with Section 4D, G and H; | 9 | | 4. Have not had any adverse action against any license | 10 | | or compact privilege within the previous 2 years; | 11 | | 5. Notify the Commission that the licensee is seeking | 12 | | the compact privilege 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 | 19 | | any non-member state within 30 days from the date the | 20 | | adverse action is taken. | 21 | | B. The compact privilege is valid until the expiration | 22 | | date of the home license. The licensee must comply with the | 23 | | requirements of Section 4.A. to maintain the compact privilege | 24 | | in the remote state. | 25 | | C. A licensee providing physical therapy in a remote state |
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| 1 | | under the compact privilege shall function within the laws and | 2 | | regulations of the remote state. | 3 | | D. A licensee providing physical therapy in a remote state | 4 | | is subject to that state's regulatory authority. A remote | 5 | | state may, in accordance with due process and that state's | 6 | | laws, remove a licensee's compact privilege in the remote | 7 | | state for a specific period of time, impose fines, and/or take | 8 | | any other necessary actions to protect the health and safety | 9 | | of its citizens. The licensee is not eligible for a compact | 10 | | privilege in any state until the specific time for removal has | 11 | | passed and all fines are paid. | 12 | | E. If a home state license is encumbered, the licensee | 13 | | shall lose the compact privilege in any remote state until the | 14 | | following occur: | 15 | | 1. The home state license is no longer encumbered; and | 16 | | 2. Two years have elapsed from the date of the adverse | 17 | | action. | 18 | | F. Once an encumbered license in the home state is | 19 | | restored to good standing, the licensee must meet the | 20 | | requirements of Section 4A to obtain a compact privilege in | 21 | | any remote state. | 22 | | G. If a licensee's compact privilege in any remote state | 23 | | is removed, the individual shall lose the compact privilege in | 24 | | any remote state until the following occur: | 25 | | 1. The specific period of time for which the compact | 26 | | privilege was removed has ended; |
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| 1 | | 2. All fines have been paid; and | 2 | | 3. Two years have elapsed from the date of the adverse | 3 | | action. | 4 | | H. Once the requirements of Section 4G have been met, the | 5 | | license must meet the requirements in Section 4A to obtain a | 6 | | compact privilege in a remote state. | 7 | | SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES | 8 | | A licensee who is active duty military or is the spouse of | 9 | | an individual who is active duty military may designate one of | 10 | | the following as the home state: | 11 | | A. Home of record; | 12 | | B. Permanent Change of Station (PCS); or | 13 | | C. State of current residence if it is different than the | 14 | | PCS state or home of record. | 15 | | SECTION 6. ADVERSE ACTIONS | 16 | | A. A home state shall have exclusive power to impose | 17 | | adverse action against a license issued by the home state. | 18 | | B. A home state may take adverse action based on the | 19 | | investigative information of a remote state, so long as the | 20 | | home state follows its own procedures for imposing adverse | 21 | | action. | 22 | | C. Nothing in this Compact shall override a member state's | 23 | | decision that participation in an alternative program may be | 24 | | used in lieu of adverse action and that such participation |
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| 1 | | shall remain non-public if required by the member state's | 2 | | laws. Member states must require licensees who enter any | 3 | | alternative programs in lieu of discipline to agree not to | 4 | | practice in any other member state during the term of the | 5 | | alternative program without prior authorization from such | 6 | | other member state. | 7 | | D. Any member state may investigate actual or alleged | 8 | | violations of the statutes and rules authorizing the practice | 9 | | of physical therapy in any other member state in which a | 10 | | physical therapist or physical therapist assistant holds a | 11 | | license or compact privilege. | 12 | | E. A remote state shall have the authority to: | 13 | | 1. Take adverse actions as set forth in Section 4.D. | 14 | | against a licensee's compact privilege in the state; | 15 | | 2. Issue subpoenas for both hearings and | 16 | | investigations that require the attendance and testimony | 17 | | of witnesses, and the production of evidence. Subpoenas | 18 | | issued by a physical therapy licensing board in a party | 19 | | state for the attendance and testimony of witnesses, | 20 | | and/or the production of evidence from another party | 21 | | state, shall be enforced in the latter state by any court | 22 | | of competent jurisdiction, according to the practice and | 23 | | procedure of that court applicable to subpoenas issued in | 24 | | proceedings pending before it. The issuing authority shall | 25 | | pay any witness fees, travel expenses, mileage, and other | 26 | | fees required by the service statutes of the state where |
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| 1 | | the witnesses and/or evidence are located; and | 2 | | 3. If otherwise permitted by state law, recover from | 3 | | the licensee the costs of investigations and disposition | 4 | | of cases resulting from any adverse action taken against | 5 | | that licensee. | 6 | | F. Joint Investigations | 7 | | 1. In addition to the authority granted to a member | 8 | | state by its respective physical therapy practice act or | 9 | | other applicable state law, a member state may participate | 10 | | with other member states in joint investigations of | 11 | | licensees. | 12 | | 2. Member states shall share any investigative, | 13 | | litigation, or compliance materials in furtherance of any | 14 | | joint or individual investigation initiated under the | 15 | | Compact. | 16 | | SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT | 17 | | COMMISSION | 18 | | A. The Compact member states hereby create and establish a | 19 | | joint public agency known as the Physical Therapy Compact | 20 | | Commission: | 21 | | 1. The Commission is an instrumentality of the Compact | 22 | | states. | 23 | | 2. Venue is proper and judicial proceedings by or | 24 | | against the Commission shall be brought solely and | 25 | | exclusively in a court of competent jurisdiction where the |
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| 1 | | principal office of the Commission is located. The | 2 | | Commission may waive venue and jurisdictional defenses to | 3 | | the extent it adopts or consents to participate in | 4 | | alternative dispute resolution proceedings. | 5 | | 3. Nothing in this Compact shall be construed to be a | 6 | | waiver of sovereign immunity. | 7 | | B. Membership, Voting, and Meetings | 8 | | 1. Each member state shall have and be limited to one | 9 | | (1) delegate selected by that member state's licensing | 10 | | board. | 11 | | 2. The delegate shall be a current member of the | 12 | | licensing board, who is a physical therapist, physical | 13 | | therapist assistant, public member, or the board | 14 | | administrator. | 15 | | 3. Any delegate may be removed or suspended from | 16 | | office as provided by the law of the state from which the | 17 | | delegate is appointed. | 18 | | 4. The member state board shall fill any vacancy | 19 | | occurring in the Commission. | 20 | | 5. Each delegate shall be entitled to one (1) vote | 21 | | with regard to the promulgation of rules and creation of | 22 | | bylaws and shall otherwise have an opportunity to | 23 | | participate in the business and affairs of the Commission. | 24 | | 6. A delegate shall vote in person or by such other | 25 | | means as provided in the bylaws. The bylaws may provide | 26 | | for delegates' participation in meetings by telephone or |
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| 1 | | other means of communication. | 2 | | 7. The Commission shall meet at least once during each | 3 | | calendar year. Additional meetings shall be held as set | 4 | | forth in the bylaws. | 5 | | C. The Commission shall have the following powers and | 6 | | duties: | 7 | | 1. Establish the fiscal year of the Commission; | 8 | | 2. Establish bylaws; | 9 | | 3. Maintain its financial records in accordance with | 10 | | the bylaws; | 11 | | 4. Meet and take such actions as are consistent with | 12 | | the provisions of this Compact and the bylaws; | 13 | | 5. Promulgate uniform rules to facilitate and | 14 | | coordinate implementation and administration of this | 15 | | Compact. The rules shall have the force and effect of law | 16 | | and shall be binding in all member states; | 17 | | 6. Bring and prosecute legal proceedings or actions in | 18 | | the name of the Commission, provided that the standing of | 19 | | any state physical therapy licensing board to sue or be | 20 | | sued under applicable law shall not be affected; | 21 | | 7. Purchase and maintain insurance and bonds; | 22 | | 8. Borrow, accept, or contract for services of | 23 | | personnel, including, but not limited to, employees of a | 24 | | member state; | 25 | | 9. Hire employees, elect or appoint officers, fix | 26 | | compensation, define duties, grant such individuals |
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| 1 | | appropriate authority to carry out the purposes of the | 2 | | Compact, and to establish the Commission's personnel | 3 | | policies and programs relating to conflicts of interest, | 4 | | qualifications of personnel, and other related personnel | 5 | | matters; | 6 | | 10. Accept any and all appropriate donations and | 7 | | grants of money, equipment, supplies, materials and | 8 | | services, and to receive, utilize and dispose of the same; | 9 | | provided that at all times the Commission shall avoid any | 10 | | appearance of impropriety and/or conflict of interest; | 11 | | 11. Lease, purchase, accept appropriate gifts or | 12 | | donations of, or otherwise to own, hold, improve or use, | 13 | | any property, real, personal or mixed; provided that at | 14 | | all times the Commission shall avoid any appearance of | 15 | | impropriety; | 16 | | 12. Sell convey, mortgage, pledge, lease, exchange, | 17 | | abandon, or otherwise dispose of any property real, | 18 | | personal, or mixed; | 19 | | 13. Establish a budget and make expenditures; | 20 | | 14. Borrow money; | 21 | | 15. Appoint committees, including standing committees | 22 | | composed of members, state regulators, state legislators | 23 | | or their representatives, and consumer representatives, | 24 | | and such other interested persons as may be designated in | 25 | | this Compact and the bylaws; | 26 | | 16. Provide and receive information from, and |
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| 1 | | cooperate with, law enforcement agencies; | 2 | | 17. Establish and elect an Executive Board; and | 3 | | 18. Perform such other functions as may be necessary | 4 | | or appropriate to achieve the purposes of this Compact | 5 | | consistent with the state regulation of physical therapy | 6 | | licensure and practice. | 7 | | D. The Executive Board | 8 | | The Executive Board shall have the power to act on behalf | 9 | | of the Commission according to the terms of this Compact | 10 | | 1. The Executive Board shall be composed of nine | 11 | | members: | 12 | | a. Seven voting members who are elected by the | 13 | | Commission from the current membership of the | 14 | | Commission; | 15 | | b. One ex-officio, nonvoting member from the | 16 | | recognized national physical therapy professional | 17 | | association; and | 18 | | c. One ex-officio, nonvoting member from the | 19 | | recognized membership organization of the physical | 20 | | therapy licensing boards. | 21 | | 2. The ex-officio members will be selected by their | 22 | | respective organizations. | 23 | | 3. The Commission may remove any member of the | 24 | | Executive Board as provided in bylaws. | 25 | | 4. The Executive Board shall meet at least annually. | 26 | | 5. The Executive Board shall have the following Duties |
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| 1 | | and responsibilities: | 2 | | a. Recommend to the entire Commission changes to | 3 | | the rules or bylaws, changes to this Compact | 4 | | legislation, fees paid by Compact member states such | 5 | | as annual dues, and any commission Compact fee charged | 6 | | to licensees for the compact privilege; | 7 | | b. Ensure Compact administration services are | 8 | | appropriately provided, contractual or otherwise; | 9 | | c. Prepare and recommend the budget; | 10 | | d. Maintain financial records on behalf of the | 11 | | Commission; | 12 | | e. Monitor Compact compliance of member states and | 13 | | provide compliance reports to the Commission; | 14 | | f. Establish additional committees as necessary; | 15 | | and | 16 | | g. Other duties as provided in rules or bylaws. | 17 | | E. Meetings of the Commission | 18 | | 1. All meetings shall be open to the public, and | 19 | | public notice of meetings shall be given in the same | 20 | | manner as required under the rulemaking provisions in | 21 | | Section 9. | 22 | | 2. The Commission or the Executive Board or other | 23 | | committees of the Commission may convene in a closed, | 24 | | non-public meeting if the Commission or Executive Board or | 25 | | other committees of the Commission must discuss: | 26 | | a. Non-compliance of a member state with its |
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| 1 | | obligations under the Compact; | 2 | | b. The employment, compensation, discipline or | 3 | | other matters, practices or procedures related to | 4 | | specific employees or other matters related to the | 5 | | Commission's internal personnel practices and | 6 | | procedures; | 7 | | c. Current, threatened, or reasonably anticipated | 8 | | litigation; | 9 | | d. Negotiation of contracts for the purchase, | 10 | | lease, or sale of goods, services, or real estate; | 11 | | e. Accusing any person of a crime or formally | 12 | | censuring any person; | 13 | | f. Disclosure of trade secrets or commercial or | 14 | | financial information that is privileged or | 15 | | confidential; | 16 | | g. Disclosure of information of a personal nature | 17 | | where disclosure would constitute a clearly | 18 | | unwarranted invasion of personal privacy; | 19 | | h. Disclosure of investigative records compiled | 20 | | for law enforcement purposes; | 21 | | i. Disclosure of information related to any | 22 | | investigative reports prepared by or on behalf of or | 23 | | for use of the Commission or other committee charged | 24 | | with responsibility of investigation or determination | 25 | | of compliance issues pursuant to the Compact; or | 26 | | j. Matters specifically exempted from disclosure |
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| 1 | | by federal or member state statute. | 2 | | 3. If a meeting, or portion of a meeting, is closed | 3 | | pursuant to this provision, the Commission's legal counsel | 4 | | or designee shall certify that the meeting may be closed | 5 | | and shall reference each relevant exempting provision. | 6 | | 4. The Commission shall keep minutes that fully and | 7 | | clearly describe all matters discussed in a meeting and | 8 | | shall provide a full and accurate summary of actions | 9 | | taken, and the reasons therefore, including a description | 10 | | of the views expressed. All documents considered in | 11 | | connection with an action shall be identified in such | 12 | | minutes. All minutes and documents of a closed meeting | 13 | | shall remain under seal, subject to release by a majority | 14 | | vote of the Commission or order of a court of competent | 15 | | jurisdiction. | 16 | | F. Financing of the Commission | 17 | | 1. The Commission shall pay, or provide for the | 18 | | payment of, the reasonable expenses of its establishment, | 19 | | organization, and ongoing activities. | 20 | | 2. The Commission may accept any and all appropriate | 21 | | revenue sources, donations, and grants of money, | 22 | | equipment, supplies, materials, and services. | 23 | | 3. The Commission may levy on and collect an annual | 24 | | assessment from each member state or impose fees on other | 25 | | parties to cover the cost of the operations and activities | 26 | | of the Commission and its staff, which must be in a total |
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| 1 | | amount sufficient to cover its annual budget as approved | 2 | | each year for which revenue is not provided by other | 3 | | sources. The aggregate annual assessment amount shall be | 4 | | allocated based upon a formula to be determined by the | 5 | | Commission, which shall promulgate a rule binding upon all | 6 | | member states. | 7 | | 4. The Commission shall not incur obligations of any | 8 | | kind prior to securing the funds adequate to meet the | 9 | | same; nor shall the Commission pledge the credit of any of | 10 | | the member states, except by and with the authority of the | 11 | | member state. | 12 | | 5. The Commission shall keep accurate accounts of all | 13 | | receipts and disbursements. The receipts and disbursements | 14 | | of the Commission shall be subject to the audit and | 15 | | accounting procedures established under its bylaws. | 16 | | However, all receipts and disbursements of funds handled | 17 | | by the Commission shall be audited yearly by a certified | 18 | | or licensed public accountant, and the report of the audit | 19 | | shall be included in and become part of the annual report | 20 | | of the Commission. | 21 | | G. Qualified Immunity, Defense, and Indemnification | 22 | | 1. The members, officers, executive director, | 23 | | employees and representatives of the Commission shall be | 24 | | immune from suit and liability, either personally or in | 25 | | their official capacity, for any claim for damage to or | 26 | | loss of property or personal injury or other civil |
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| 1 | | liability caused by or arising out of any actual or | 2 | | alleged act, error or omission that occurred, or that the | 3 | | person against whom the claim is made had a reasonable | 4 | | basis for believing occurred within the scope of | 5 | | Commission employment, duties or responsibilities; | 6 | | provided that nothing in this paragraph shall be construed | 7 | | to protect any such person from suit and/or liability for | 8 | | any damage, loss, injury, or liability caused by the | 9 | | intentional or willful or wanton misconduct of that | 10 | | person. | 11 | | 2. The Commission shall defend any member, officer, | 12 | | executive director, employee or representative of the | 13 | | Commission in any civil action seeking to impose liability | 14 | | arising out of any actual or alleged act, error, or | 15 | | omission that occurred within the scope of Commission | 16 | | employment, duties, or responsibilities, or that the | 17 | | person against whom the claim is made had a reasonable | 18 | | basis for believing occurred within the scope of | 19 | | Commission employment, duties, or responsibilities; | 20 | | provided that nothing herein shall be construed to | 21 | | prohibit that person from retaining his or her own | 22 | | counsel; and provided further, that the actual or alleged | 23 | | act, error, or omission did not result from that person's | 24 | | intentional or willful or wanton misconduct. | 25 | | 3. The Commission shall indemnify and hold harmless | 26 | | any member, officer, executive director, employee, or |
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| 1 | | representative of the Commission for the amount of any | 2 | | settlement or judgment obtained against that person | 3 | | arising out of any actual or alleged act, error or | 4 | | omission that occurred within the scope of Commission | 5 | | employment, duties, or responsibilities, or that such | 6 | | person had a reasonable basis for believing occurred | 7 | | within the scope of Commission employment, duties, or | 8 | | responsibilities, provided that the actual or alleged act, | 9 | | error, or omission did not result from the intentional or | 10 | | willful or wanton misconduct of that person. | 11 | | SECTION 8. DATA SYSTEM | 12 | | A. The Commission shall provide for the development, | 13 | | maintenance, and utilization of a coordinated database and | 14 | | reporting system containing licensure, adverse action, and | 15 | | investigative information on all licensed individuals in | 16 | | member states. | 17 | | B. Notwithstanding any other provision of state law to the | 18 | | contrary, a member state shall submit a uniform data set to the | 19 | | data system on all individuals to whom this Compact is | 20 | | applicable as required by the rules of the Commission, | 21 | | including: | 22 | | 1. Identifying information; | 23 | | 2. Licensure data; | 24 | | 3. Adverse actions against a license or compact | 25 | | privilege; |
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| 1 | | 4. Non-confidential information related to alternative | 2 | | program participation; | 3 | | 5. Any denial of application for licensure, and the | 4 | | reason(s) for such denial; and | 5 | | 6. Other information that may facilitate the | 6 | | administration of this Compact, as determined by the rules | 7 | | of the Commission. | 8 | | C. Investigative information pertaining to a licensee in | 9 | | any member state will only be available to other party states. | 10 | | D. The Commission shall promptly notify all member states | 11 | | of any adverse action taken against a licensee or an | 12 | | individual applying for a license. Adverse action information | 13 | | pertaining to a licensee in any member state will be available | 14 | | to any other member state. | 15 | | E. Member states contributing information to the data | 16 | | system may designate information that may not be shared with | 17 | | the public without the express permission of the contributing | 18 | | state. | 19 | | F. Any information submitted to the data system that is | 20 | | subsequently required to be expunged by the laws of the member | 21 | | state contributing the information shall be removed from the | 22 | | data system. | 23 | | SECTION 9. RULEMAKING | 24 | | A. The Commission shall exercise its rulemaking powers | 25 | | pursuant to the criteria set forth in this Section and the |
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| 1 | | rules adopted thereunder. Rules and amendments shall become | 2 | | binding as of the date specified in each rule or amendment. | 3 | | B. If a majority of the legislatures of the member states | 4 | | rejects a rule, by enactment of a statute or resolution in the | 5 | | same manner used to adopt the Compact within 4 years of the | 6 | | date of adoption of the rule, then such rule shall have no | 7 | | further force and effect in any member state. | 8 | | C. Rules or amendments to the rules shall be adopted at a | 9 | | regular or special meeting of the Commission. | 10 | | D. Prior to promulgation and adoption of a final rule or | 11 | | rules by the Commission, and at least thirty (30) days in | 12 | | advance of the meeting at which the rule will be considered and | 13 | | voted upon, the Commission shall file a Notice of Proposed | 14 | | Rulemaking: | 15 | | 1. On the website of the Commission or other publicly | 16 | | accessible platform; and | 17 | | 2. On the website of each member state physical | 18 | | therapy licensing board or other publicly accessible | 19 | | platform or the publication in which each state would | 20 | | otherwise publish proposed rules. | 21 | | E. The Notice of Proposed Rulemaking shall include: | 22 | | 1. The proposed time, date, and location of the | 23 | | meeting in which the rule will be considered and voted | 24 | | upon; | 25 | | 2. The text of the proposed rule or amendment and the | 26 | | reason for the proposed rule; |
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| 1 | | 3. A request for comments on the proposed rule from | 2 | | any interested person; and | 3 | | 4. The manner in which interested persons may submit | 4 | | notice to the Commission of their intention to attend the | 5 | | public hearing and any written comments. | 6 | | F. Prior to adoption of a proposed rule, the Commission | 7 | | shall allow persons to submit written data, facts, opinions, | 8 | | and arguments, which shall be made available to the public. | 9 | | G. The Commission shall grant an opportunity for a public | 10 | | hearing before it adopts a rule or amendment if a hearing is | 11 | | requested by: | 12 | | 1. At least twenty-five (25) persons; | 13 | | 2. A state or federal governmental subdivision or | 14 | | agency; or | 15 | | 3. An association having at least twenty-five (25) | 16 | | members. | 17 | | H. If a hearing is held on the proposed rule or amendment, | 18 | | the Commission shall publish the place, time, and date of the | 19 | | scheduled public hearing. If the hearing is held via | 20 | | electronic means, the Commission shall publish the mechanism | 21 | | for access to the electronic hearing. | 22 | | 1. All persons wishing to be heard at the hearing | 23 | | shall notify the executive director of the Commission or | 24 | | other designated member in writing of their desire to | 25 | | appear and testify at the hearing not less than five (5) | 26 | | business days before the scheduled date of the hearing. |
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| 1 | | 2. Hearings shall be conducted in a manner providing | 2 | | each person who wishes to comment a fair and reasonable | 3 | | opportunity to comment orally or in writing. | 4 | | 3. All hearings will be recorded. A copy of the | 5 | | recording will be made available on request. | 6 | | 4. Nothing in this section shall be construed as | 7 | | requiring a separate hearing on each rule. Rules may be | 8 | | grouped for the convenience of the Commission at hearings | 9 | | required by this Section. | 10 | | I. Following the scheduled hearing date, or by the close | 11 | | of business on the scheduled hearing date if the hearing was | 12 | | not held, the Commission shall consider all written and oral | 13 | | comments received. | 14 | | J. If no written notice of intent to attend the public | 15 | | hearing by interested parties is received, the Commission may | 16 | | proceed with promulgation of the proposed rule without a | 17 | | public hearing. | 18 | | K. The Commission shall, by majority vote of all members, | 19 | | take final action on the proposed rule and shall determine the | 20 | | effective date of the rule, if any, based on the rulemaking | 21 | | record and the full text of the rule. | 22 | | L. Upon determination that an emergency exists, the | 23 | | Commission may consider and adopt an emergency rule without | 24 | | prior notice, opportunity for comment, or hearing, provided | 25 | | that the usual rulemaking procedures provided in the Compact | 26 | | and in this section shall be retroactively applied to the rule |
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| 1 | | as soon as reasonably possible, in no event later than ninety | 2 | | (90) days after the effective date of the rule. For the | 3 | | purposes of this provision, an emergency rule is one that must | 4 | | be adopted immediately in order to: | 5 | | 1. Meet an imminent threat to public health, safety, | 6 | | or welfare; | 7 | | 2. Prevent a loss of Commission or member state funds; | 8 | | 3. Meet a deadline for the promulgation of an | 9 | | administrative rule that is established by federal law or | 10 | | rule; or | 11 | | 4. Protect public health and safety. | 12 | | M. The Commission or an authorized committee of the | 13 | | Commission may direct revisions to a previously adopted rule | 14 | | or amendment for purposes of correcting typographical errors, | 15 | | errors in format, errors in consistency, or grammatical | 16 | | errors. Public notice of any revisions shall be posted on the | 17 | | website of the Commission. The revision shall be subject to | 18 | | challenge by any person for a period of thirty (30) days after | 19 | | posting. The revision may be challenged only on grounds that | 20 | | the revision results in a material change to a rule. A | 21 | | challenge shall be made in writing, and delivered to the chair | 22 | | of the Commission prior to the end of the notice period. If no | 23 | | challenge is made, the revision will take effect without | 24 | | further action. If the revision is challenged, the revision | 25 | | may not take effect without the approval of the Commission. |
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| 1 | | SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT | 2 | | A. Oversight | 3 | | 1. The executive, legislative, and judicial branches | 4 | | of state government in each member state shall enforce | 5 | | this Compact and take all actions necessary and | 6 | | appropriate to effectuate the Compact's purposes and | 7 | | intent. The provisions of this Compact and the rules | 8 | | promulgated hereunder shall have standing as statutory | 9 | | law. | 10 | | 2. All courts shall take judicial notice of the | 11 | | Compact and the rules in any judicial or administrative | 12 | | proceeding in a member state pertaining to the subject | 13 | | matter of this Compact which may affect the powers, | 14 | | responsibilities or actions of the Commission. | 15 | | 3. The Commission shall be entitled to receive service | 16 | | of process in any such proceeding, and shall have standing | 17 | | to intervene in such a proceeding for all purposes. | 18 | | Failure to provide service of process to the Commission | 19 | | shall render a judgment or order void as to the | 20 | | Commission, this Compact, or promulgated rules. | 21 | | B. Default, Technical Assistance, and Termination | 22 | | 1. If the Commission determines that a member state | 23 | | has defaulted in the performance of its obligations or | 24 | | responsibilities under this Compact or the promulgated | 25 | | rules, the Commission shall: | 26 | | a. Provide written notice to the defaulting state |
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| 1 | | and other member states of the nature of the default, | 2 | | the proposed means of curing the default and/or any | 3 | | other action to be taken by the Commission; and | 4 | | b. Provide remedial training and specific | 5 | | technical assistance regarding the default. | 6 | | 2. If a state in default fails to cure the default, the | 7 | | defaulting state may be terminated from the Compact upon | 8 | | an affirmative vote of a majority of the member states, | 9 | | and all rights, privileges and benefits conferred by this | 10 | | Compact may be terminated on the effective date of | 11 | | termination. A cure of the default does not relieve the | 12 | | offending state of obligations or liabilities incurred | 13 | | during the period of default. | 14 | | 3. Termination of membership in the Compact shall be | 15 | | imposed only after all other means of securing compliance | 16 | | have been exhausted. Notice of intent to suspend or | 17 | | terminate shall be given by the Commission to the | 18 | | governor, the majority and minority leaders of the | 19 | | defaulting state's legislature, and each of the member | 20 | | states. | 21 | | 4. A state that has been terminated is responsible for | 22 | | all assessments, obligations, and liabilities incurred | 23 | | through the effective date of termination, including | 24 | | obligations that extend beyond the effective date of | 25 | | termination. | 26 | | 5. The Commission shall not bear any costs related to |
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| 1 | | a state that is found to be in default or that has been | 2 | | terminated from the Compact, unless agreed upon in writing | 3 | | between the Commission and the defaulting state. | 4 | | 6. The defaulting state may appeal the action of the | 5 | | Commission by petitioning the U.S. District Court for the | 6 | | District of Columbia or the federal district where the | 7 | | Commission has its principal offices. The prevailing | 8 | | member shall be awarded all costs of such litigation, | 9 | | including reasonable attorney's fees. | 10 | | C. Dispute Resolution | 11 | | 1. Upon request by a member state, the Commission | 12 | | shall attempt to resolve disputes related to the Compact | 13 | | that arise among member states and between member and | 14 | | non-member states. | 15 | | 2. The Commission shall promulgate a rule providing | 16 | | for both mediation and binding dispute resolution for | 17 | | disputes as appropriate. | 18 | | D. Enforcement | 19 | | 1. The Commission, in the reasonable exercise of its | 20 | | discretion, shall enforce the provisions and rules of this | 21 | | Compact. | 22 | | 2. By majority vote, the Commission may initiate legal | 23 | | action in the United States District Court for the | 24 | | District of Columbia or the federal district where the | 25 | | Commission has its principal offices against a member | 26 | | state in default to enforce compliance with the provisions |
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| 1 | | of the Compact and its promulgated rules and bylaws. The | 2 | | relief sought may include both injunctive relief and | 3 | | damages. In the event judicial enforcement is necessary, | 4 | | the prevailing member shall be awarded all costs of such | 5 | | litigation, including reasonable attorney's fees. | 6 | | 3. The remedies herein shall not be the exclusive | 7 | | remedies of the Commission. The Commission may pursue any | 8 | | other remedies available under federal or state law. | 9 | | SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE | 10 | | COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, | 11 | | WITHDRAWAL, AND AMENDMENT | 12 | | A. The Compact shall come into effect on the date on which | 13 | | the Compact statute is enacted into law in the tenth member | 14 | | state. The provisions, which become effective at that time, | 15 | | shall be limited to the powers granted to the Commission | 16 | | relating to assembly and the promulgation of rules. | 17 | | Thereafter, the Commission shall meet and exercise rulemaking | 18 | | powers necessary to the implementation and administration of | 19 | | the Compact. | 20 | | B. Any state that joins the Compact subsequent to the | 21 | | Commission's initial adoption of the rules shall be subject to | 22 | | the rules as they exist on the date on which the Compact | 23 | | becomes law in that state. Any rule that has been previously | 24 | | adopted by the Commission shall have the full force and effect | 25 | | of law on the day the Compact becomes law in that state. |
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| 1 | | C. Any member state may withdraw from this Compact by | 2 | | enacting a statute repealing the same. | 3 | | 1. A member state's withdrawal shall not take effect | 4 | | until six (6) months after enactment of the repealing | 5 | | statute. | 6 | | 2. Withdrawal shall not affect the continuing | 7 | | requirement of the withdrawing state's physical therapy | 8 | | licensing board to comply with the investigative and | 9 | | adverse action reporting requirements of this act prior to | 10 | | the effective date of withdrawal. | 11 | | D. Nothing contained in this Compact shall be construed to | 12 | | invalidate or prevent any physical therapy licensure agreement | 13 | | or other cooperative arrangement between a member state and a | 14 | | non-member state that does not conflict with the provisions of | 15 | | this Compact. | 16 | | E. This Compact may be amended by the member states. No | 17 | | amendment to this Compact shall become effective and binding | 18 | | upon any member state until it is enacted into the laws of all | 19 | | member states. | 20 | | SECTION 12. CONSTRUCTION AND SEVERABILITY | 21 | | This Compact shall be liberally construed so as to | 22 | | effectuate the purposes thereof. The provisions of this | 23 | | Compact shall be severable and if any phrase, clause, sentence | 24 | | or provision of this Compact is declared to be contrary to the | 25 | | constitution of any party state or of the United States or the |
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| 1 | | applicability thereof to any government, agency, person or | 2 | | circumstance is held invalid, the validity of the remainder of | 3 | | this Compact and the applicability thereof to any government, | 4 | | agency, person or circumstance shall not be affected thereby. | 5 | | If this Compact shall be held contrary to the constitution of | 6 | | any party state, the Compact shall remain in full force and | 7 | | effect as to the remaining party states and in full force and | 8 | | effect as to the party state affected as to all severable | 9 | | matters. ".
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