Bill Text: IA HF2425 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act establishing a physical therapy licensure compact. (Formerly HF 2296.) Effective 7-1-18.
Spectrum: Committee Bill
Status: (Passed) 2018-04-04 - Signed by Governor. H.J. 753. [HF2425 Detail]
Download: Iowa-2017-HF2425-Enrolled.html
House File 2425 - Enrolled
HOUSE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO HF 2296)
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A BILL FOR
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House File 2425
AN ACT
ESTABLISHING A PHYSICAL THERAPY LICENSURE COMPACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 147C.1 Form of compact.
1. Article I == Purpose.
a. The purpose of this compact is to facilitate interstate
practice of physical therapy with the goal of improving public
access to physical therapy services. The practice of physical
therapy occurs in the state where the patient is located at
the time of the patient encounter. The compact preserves the
regulatory authority of states to protect public health and
safety through the current system of state licensure.
b. This compact is designed to achieve all of the following
objectives:
(1) Increase public access to physical therapy services
by providing for the mutual recognition of other member state
licenses.
(2) Enhance the states' ability to protect the public's
health and safety.
(3) Encourage the cooperation of member states in
regulating multistate physical therapy practice.
(4) Support spouses of relocating military members.
(5) Enhance the exchange of licensure, investigative, and
disciplinary information between member states.
(6) Allow a remote state to hold a provider of services with
a compact privilege in that state accountable to that state's
practice standards.
2. Article II == Definitions.
a. "Active duty military" means full=time duty status in
the active uniformed service of the United States, including
members of the national guard and reserve on active duty orders
pursuant to 10 U.S.C. {1209 and 10 U.S.C. {1211.
b. "Adverse action" means disciplinary action taken by
a physical therapy licensing board based upon misconduct,
unacceptable performance, or a combination of both.
c. "Alternative program" means a nondisciplinary monitoring
or practice remediation process approved by a physical therapy
licensing board. This includes but is not limited to substance
abuse issues.
d. "Compact privilege" means the authorization granted by
a remote state to allow a licensee from another member state
to practice as a physical therapist or work as a physical
therapist assistant in the remote state under its laws and
rules. The practice of physical therapy occurs in the member
state where the patient is located at the time of the patient
encounter.
e. "Continuing competence" means a requirement, as
a condition of license renewal, to provide evidence of
participation in, and completion of, educational and
professional activities relevant to practice or area of work.
f. "Data system" means a repository of information about
licensees, including examination, licensure, investigative,
compact privilege, and adverse action.
g. "Encumbered license" means a license that a physical
therapy licensing board has limited in any way.
h. "Executive board" means a group of directors elected or
appointed to act on behalf of, and within the powers granted to
them by, the commission.
i. "Home state" means the member state that is the
licensee's primary state of residence.
j. "Investigative information" means information, records,
and documents received or generated by a physical therapy
licensing board pursuant to an investigation.
k. "Jurisprudence requirement" means the assessment of an
individual's knowledge of the laws and rules governing the
practice of physical therapy in a state.
l. "Licensee" means an individual who currently holds
an authorization from the state to practice as a physical
therapist or to work as a physical therapist assistant.
m. "Member state" means a state that has enacted the
compact.
n. "Party state" means any member state in which a licensee
holds a current license or compact privilege or is applying for
a license or compact privilege.
o. "Physical therapist" means an individual who is licensed
by a state to practice physical therapy.
p. "Physical therapist assistant" means an individual who is
licensed by a state and who assists the physical therapist in
selected components of physical therapy.
q. "Physical therapy", "physical therapy practice", and
"the practice of physical therapy" mean the care and services
provided by or under the direction and supervision of a
licensed physical therapist.
r. "Physical therapy compact commission" or "commission"
means the national administrative body whose membership
consists of all states that have enacted the compact.
s. "Physical therapy licensing board" or "licensing board"
means the agency of a state that is responsible for the
licensing and regulation of physical therapists and physical
therapist assistants.
t. "Remote state" means a member state other than the home
state, where a licensee is exercising or seeking to exercise
the compact privilege.
u. "Rule" means a regulation, principle, or directive
promulgated by the commission that has the force of law.
v. "State" means any state, commonwealth, district, or
territory of the United States that regulates the practice of
physical therapy.
3. Article III == State participation in the compact.
a. To participate in the compact, a state must meet all of
the following requirements:
(1) Participate fully in the commission's data system,
including using the commission's unique identifier as defined
in rules.
(2) Have a mechanism in place for receiving and
investigating complaints about licensees.
(3) Notify the commission, in compliance with the terms
of the compact and rules, of any adverse action or the
availability of investigative information regarding a licensee.
(4) Fully implement a criminal background check
requirement, within a time frame established by rule, by
receiving the results of the federal bureau of investigation
record search on criminal background checks and using the
results in making licensure decisions in accordance with
article III, paragraph "b".
(5) Comply with the rules of the commission.
(6) Utilize a recognized national examination as a
requirement for licensure pursuant to the rules of the
commission.
(7) Have continuing competence requirements as a condition
for license renewal.
b. Upon adoption of this statute, the member state shall
have the authority to obtain biometric=based information from
each physical therapy licensure applicant and submit this
information to the federal bureau of investigation for a
criminal background check in accordance with 28 U.S.C. {534 and
42 U.S.C. {14616.
c. A member state shall grant the compact privilege to a
licensee holding a valid unencumbered license in another member
state in accordance with the terms of the compact and rules.
d. Member states may charge a fee for granting a compact
privilege.
4. Article IV == Compact privilege.
a. To exercise the compact privilege under the terms and
provisions of the compact, the licensee shall meet all of the
following requirements:
(1) Hold a license in the home state.
(2) Have no encumbrance on any state license.
(3) Be eligible for a compact privilege in any member state
in accordance with article IV, paragraphs "d", "g", and "h".
(4) Have not had any adverse action against any license or
compact privilege within the previous two years.
(5) Notify the commission that the licensee is seeking the
compact privilege within a remote state.
(6) Pay any applicable fees, including any state fee, for
the compact privilege.
(7) Meet any jurisprudence requirements established by
the remote state in which the licensee is seeking a compact
privilege.
(8) Report to the commission adverse action taken by any
nonmember state within thirty days from the date the adverse
action is taken.
b. The compact privilege is valid until the expiration
date of the home license. The licensee must comply with the
requirements of article IV, paragraph "a", to maintain the
compact privilege in the remote state.
c. A licensee providing physical therapy in a remote state
under the compact privilege shall function within the laws and
regulations of the remote state.
d. A licensee providing physical therapy in a remote state
is subject to that state's regulatory authority. A remote
state may, in accordance with due process and that state's
laws, remove a licensee's compact privilege in the remote state
for a specific period of time, impose fines, and take any other
necessary actions to protect the health and safety of its
citizens. The licensee is not eligible for a compact privilege
in any state until the specific time for removal has passed and
all fines are paid.
e. If a home state license is encumbered, the licensee shall
lose the compact privilege in any remote state until all of the
following occur:
(1) The home state license is no longer encumbered.
(2) Two years have elapsed from the date of the adverse
action.
f. Once an encumbered license in the home state is restored
to good standing, the licensee must meet the requirements of
article IV, paragraph "a", to obtain a compact privilege in any
remote state.
g. If a licensee's compact privilege in any remote state is
removed, the individual shall lose the compact privilege in any
remote state until all of the following occur:
(1) The specific period of time for which the compact
privilege was removed has ended.
(2) All fines have been paid.
(3) Two years have elapsed from the date of the adverse
action.
h. Once the requirements of article IV, paragraph "g", have
been met, the license must meet the requirements in article IV,
paragraph "a", to obtain a compact privilege in a remote state.
5. Article V == Active duty military personnel or their
spouses. A licensee who is active duty military or is the
spouse of an individual who is active duty military may
designate any of the following as the home state:
a. Home of record.
b. Permanent change of station.
c. State of current residence if it is different than the
permanent change of station state or home of record.
6. Article VI == Adverse actions.
a. A home state shall have exclusive power to impose adverse
action against a license issued by the home state.
b. A home state may take adverse action based on the
investigative information of a remote state, so long as the
home state follows its own procedures for imposing adverse
action.
c. Nothing in this compact shall override a member state's
decision that participation in an alternative program may be
used in lieu of adverse action and that such participation
shall remain nonpublic if required by the member state's laws.
Member states must require licensees who enter any alternative
programs in lieu of discipline to agree not to practice in any
other member state during the term of the alternative program
without prior authorization from such other member state.
d. Any member state may investigate actual or alleged
violations of the statutes and rules authorizing the practice
of physical therapy in any other member state in which a
physical therapist or physical therapist assistant holds a
license or compact privilege.
e. A remote state shall have the authority to do all of the
following:
(1) Take adverse actions as set forth in article IV,
paragraph "d", against a licensee's compact privilege in the
state.
(2) Issue subpoenas for both hearings and investigations
that require the attendance and testimony of witnesses, and
the production of evidence. Subpoenas issued by a physical
therapy licensing board in a party state for the attendance
and testimony of witnesses or the production of evidence from
another party state shall be enforced in the latter state by
any court of competent jurisdiction, according to the practice
and procedure of that court applicable to subpoenas issued in
proceedings pending before it. The issuing authority shall
pay any witness fees, travel expenses, mileage, and other
fees required by the service statutes of the state where the
witnesses or evidence are located.
(3) If otherwise permitted by state law, recover from the
licensee the costs of investigations and disposition of cases
resulting from any adverse action taken against that licensee.
f. Joint investigations.
(1) In addition to the authority granted to a member state
by its respective physical therapy practice act or other
applicable state law, a member state may participate with other
member states in joint investigations of licensees.
(2) Member states shall share any investigative,
litigation, or compliance materials in furtherance of any joint
or individual investigation initiated under the compact.
7. Article VII == Establishment of the physical therapy
compact commission.
a. The compact member states hereby create and establish
a joint public agency known as the physical therapy compact
commission.
(1) The commission is an instrumentality of the compact
states.
(2) Venue is proper and judicial proceedings by or against
the commission shall be brought solely and exclusively in a
court of competent jurisdiction where the principal office of
the commission is located. The commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a
waiver of sovereign immunity.
b. Membership, voting, and meetings.
(1) Each member state shall have and be limited to one
delegate selected by that member state's licensing board.
(2) The delegate shall be a current member of the licensing
board, who is a physical therapist, physical therapist
assistant, public member, or the board administrator.
(3) Any delegate may be removed or suspended from office
as provided by the law of the state from which the delegate is
appointed.
(4) The member state board shall fill any vacancy occurring
in the commission.
(5) Each delegate shall be entitled to one vote with regard
to the promulgation of rules and creation of bylaws and shall
otherwise have an opportunity to participate in the business
and affairs of the commission.
(6) A delegate shall vote in person or by such other
means as provided in the bylaws. The bylaws may provide for
delegates' participation in meetings by telephone or other
means of communication.
(7) The commission shall meet at least once during each
calendar year. Additional meetings shall be held as set forth
in the bylaws.
c. The commission shall have all of the following powers and
duties:
(1) Establish the fiscal year of the commission.
(2) Establish bylaws.
(3) Maintain its financial records in accordance with the
bylaws.
(4) Meet and take such actions as are consistent with the
provisions of this compact and the bylaws.
(5) Promulgate uniform rules to facilitate and coordinate
implementation and administration of this compact. The rules
shall have the force and effect of law and shall be binding in
all member states.
(6) Bring and prosecute legal proceedings or actions in
the name of the commission, provided that the standing of any
state physical therapy licensing board to sue or be sued under
applicable law shall not be affected.
(7) Purchase and maintain insurance and bonds.
(8) Borrow, accept, or contract for services of personnel,
including but not limited to employees of a member state.
(9) Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of the compact, and
establish the commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel,
and other related personnel matters.
(10) Accept any and all appropriate donations and grants
of money, equipment, supplies, materials and services, and to
receive, utilize, and dispose of the same; provided that at all
times the commission shall avoid any appearance of impropriety
or conflict of interest.
(11) Lease, purchase, accept appropriate gifts or donations
of, or otherwise to own, hold, improve, or use, any property,
whether real, personal, or mixed; provided that at all times
the commission shall avoid any appearance of impropriety.
(12) Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, personal,
or mixed.
(13) Establish a budget and make expenditures.
(14) Borrow money.
(15) Appoint committees, including standing committees
comprised of members, state regulators, state legislators or
their representatives, and consumer representatives, and such
other interested persons as may be designated in this compact
and the bylaws.
(16) Provide and receive information from, and cooperate
with, law enforcement agencies.
(17) Establish and elect an executive board.
(18) Perform such other functions as may be necessary or
appropriate to achieve the purposes of this compact consistent
with the state regulation of physical therapy licensure and
practice.
d. The executive board.
(1) The executive board shall have the power to act on
behalf of the commission according to the terms of this
compact.
(2) The executive board shall be comprised of the following
nine members:
(a) Seven voting members who are elected by the commission
from the current membership of the commission.
(b) One ex officio, nonvoting member from the recognized
national physical therapy professional association.
(c) One ex officio, nonvoting member from the recognized
membership organization of the physical therapy licensing
boards.
(3) The ex officio members will be selected by their
respective organizations.
(4) The commission may remove any member of the executive
board as provided in bylaws.
(5) The executive board shall meet at least annually.
(6) The executive board shall have all of the following
duties and responsibilities:
(a) Recommend to the entire commission changes to the rules
or bylaws, changes to this compact, fees paid by compact member
states such as annual dues, and any commission compact fee
charged to licensees for the compact privilege.
(b) Ensure compact administration services are
appropriately provided, contractual or otherwise.
(c) Prepare and recommend the budget.
(d) Maintain financial records on behalf of the commission.
(e) Monitor compact compliance of member states and provide
compliance reports to the commission.
(f) Establish additional committees as necessary.
(g) Other duties as provided in rules or bylaws.
e. Meetings of the commission.
(1) All meetings shall be open to the public, and public
notice of meetings shall be given in the same manner as
required under the rulemaking provisions in article IX.
(2) The commission or the executive board or other
committees of the commission may convene in a closed,
nonpublic meeting if the commission or executive board or other
committees of the commission must discuss all of the following:
(a) Noncompliance of a member state with its obligations
under the compact.
(b) The employment, compensation, discipline, or other
matters, practices, or procedures related to specific employees
or other matters related to the commission's internal personnel
practices and procedures.
(c) Current, threatened, or reasonably anticipated
litigation.
(d) Negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate.
(e) Accusing any person of a crime or formally censuring any
person.
(f) Disclosure of trade secrets or commercial or financial
information that is privileged or confidential.
(g) Disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy.
(h) Disclosure of investigative records compiled for law
enforcement purposes of any of the following.
(i) Disclosure of information related to any investigative
reports prepared by or on behalf of or for use of the
commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant
to the compact.
(j) Matters specifically exempted from disclosure by
federal or member state statute.
(3) If a meeting, or portion of a meeting, is closed
pursuant to this provision, the commission's legal counsel or
designee shall certify that the meeting may be closed and shall
reference each relevant exempting provision.
(4) The commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide
a full and accurate summary of actions taken, and the reasons
therefor, including a description of the views expressed. All
documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a
closed meeting shall remain under seal, subject to release
by a majority vote of the commission or order of a court of
competent jurisdiction.
f. Financing of the commission.
(1) The commission shall pay, or provide for the payment of,
the reasonable expenses of its establishment, organization, and
ongoing activities.
(2) The commission may accept any and all appropriate
revenue sources, donations, and grants of money, equipment,
supplies, materials, and services.
(3) The commission may levy on and collect an annual
assessment from each member state or impose fees on other
parties to cover the cost of the operations and activities
of the commission and its staff, which must be in a total
amount sufficient to cover its annual budget as approved each
year for which revenue is not provided by other sources. The
aggregate annual assessment amount shall be allocated based
upon a formula to be determined by the commission, which shall
promulgate a rule binding upon all member states.
(4) The commission shall not incur obligations of any kind
prior to securing the funds adequate to meet the same; nor
shall the commission pledge the credit of any of the member
states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the commission shall be
audited yearly by a certified or licensed public accountant,
and the report of the audit shall be included in and become
part of the annual report of the commission.
g. Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees,
and representatives of the commission shall be immune from suit
and liability, either personally or in their official capacity,
for any claim for damage to or loss of property or personal
injury or other civil liability caused by or arising out of any
actual or alleged act, error, or omission that occurred, or
that the person against whom the claim is made had a reasonable
basis for believing occurred within the scope of commission
employment, duties, or responsibilities; provided that nothing
in this paragraph "g" shall be construed to protect any such
person from suit or liability for any damage, loss, injury,
or liability caused by the intentional or willful or wanton
misconduct of that person.
(2) The commission shall defend any member, officer,
executive director, employee, or representative of the
commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission
that occurred within the scope of commission employment,
duties, or responsibilities, or that the person against
whom the claim is made had a reasonable basis for believing
occurred within the scope of commission employment, duties,
or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining the person's
own counsel; and provided further, that the actual or alleged
act, error, or omission did not result from that person's
intentional, willful, or wanton misconduct.
(3) The commission shall indemnify and hold harmless
any member, officer, executive director, employee, or
representative of the commission for the amount of any
settlement or judgment obtained against that person arising
out of any actual or alleged act, error, or omission that
occurred within the scope of commission employment, duties,
or responsibilities, or that such person had a reasonable
basis for believing occurred within the scope of commission
employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from
the intentional, willful, or wanton misconduct of that person.
8. Article VIII == Data system.
a. The commission shall provide for the development,
maintenance, and utilization of a coordinated database and
reporting system containing licensure, adverse action, and
investigative information on all licensed individuals in member
states.
b. Notwithstanding any other provision of state law to
the contrary, a member state shall submit a uniform data set
to the data system on all individuals to whom this compact
is applicable as required by the rules of the commission,
including all of the following:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license or compact privilege.
(4) Nonconfidential information related to alternative
program participation.
(5) Any denial of application for licensure, and the reason
for such denial.
(6) Other information that may facilitate the
administration of this compact, as determined by the rules of
the commission.
c. Investigative information pertaining to a licensee in any
member state will only be available to other party states.
d. The commission shall promptly notify all member states of
any adverse action taken against a licensee or an individual
applying for a license. Adverse action information pertaining
to a licensee in any member state will be available to any
other member state.
e. Member states contributing information to the data
system may designate information that may not be shared with
the public without the express permission of the contributing
state.
f. Any information submitted to the data system that is
subsequently required to be expunged by the laws of the member
state contributing the information shall be removed from the
data system.
9. Article IX == Rulemaking.
a. The commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this section and the
rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment.
b. If a majority of the legislatures of the member states
rejects a rule, by enactment of a statute or resolution in the
same manner used to adopt the compact within four years of the
date of adoption of the rule, then such rule shall have no
further force and effect in any member state.
c. Rules or amendments to the rules shall be adopted at a
regular or special meeting of the commission.
d. Prior to promulgation and adoption of a final rule or
rules by the commission, and at least thirty days in advance
of the meeting at which the rule will be considered and voted
upon, the commission shall file a notice of proposed rulemaking
as follows:
(1) On the internet site of the commission or other publicly
accessible platform.
(2) On the internet site of each member state physical
therapy licensing board or other publicly accessible platform
or the publication in which each state would otherwise publish
proposed rules.
e. The notice of proposed rulemaking shall include all of
the following:
(1) The proposed time, date, and location of the meeting in
which the rule will be considered and voted upon.
(2) The text of the proposed rule or amendment and the
reason for the proposed rule.
(3) A request for comments on the proposed rule from any
interested person.
(4) The manner in which interested persons may submit notice
to the commission of their intention to attend the public
hearing and any written comments.
f. Prior to adoption of a proposed rule, the commission
shall allow persons to submit written data, facts, opinions,
and arguments, which shall be made available to the public.
g. The commission shall grant an opportunity for a public
hearing before it adopts a rule or amendment if a hearing is
requested by any of the following:
(1) At least twenty=five persons.
(2) A state or federal governmental subdivision or agency.
(3) An association having at least twenty=five members.
h. If a hearing is held on the proposed rule or amendment,
the commission shall publish the place, time, and date of
the scheduled public hearing. If the hearing is held via
electronic means, the commission shall publish the mechanism
for access to the electronic hearing.
(1) All persons wishing to be heard at the hearing shall
notify the executive director of the commission or other
designated member in writing of their desire to appear and
testify at the hearing not less than five business days before
the scheduled date of the hearing.
(2) Hearings shall be conducted in a manner providing each
person who wishes to comment a fair and reasonable opportunity
to comment orally or in writing.
(3) All hearings will be recorded. A copy of the recording
will be made available on request.
(4) Nothing in this section shall be construed as requiring
a separate hearing on each rule. Rules may be grouped for the
convenience of the commission at hearings required by this
section.
i. Following the scheduled hearing date, or by the close
of business on the scheduled hearing date if the hearing was
not held, the commission shall consider all written and oral
comments received.
j. If no written notice of intent to attend the public
hearing by interested parties is received, the commission may
proceed with promulgation of the proposed rule without a public
hearing.
k. The commission shall, by majority vote of all members,
take final action on the proposed rule and shall determine the
effective date of the rule, if any, based on the rulemaking
record and the full text of the rule.
l. Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule without
prior notice, opportunity for comment, or hearing, provided
that the usual rulemaking procedures provided in the compact
and in this section shall be retroactively applied to the rule
as soon as reasonably possible, in no event later than ninety
days after the effective date of the rule. For the purposes of
this provision, an emergency rule is one that must be adopted
immediately in order to do any of the following:
(1) Meet an imminent threat to public health, safety, or
welfare.
(2) Prevent a loss of commission or member state funds.
(3) Meet a deadline for the promulgation of an
administrative rule that is established by federal law or rule.
(4) Protect public health and safety.
m. The commission or an authorized committee of the
commission may direct revisions to a previously adopted rule
or amendment for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical
errors. Public notice of any revisions shall be posted on
the internet site of the commission. The revision shall be
subject to challenge by any person for a period of thirty days
after posting. The revision may be challenged only on grounds
that the revision results in a material change to a rule. A
challenge shall be made in writing, and delivered to the chair
of the commission prior to the end of the notice period. If
no challenge is made, the revision will take effect without
further action. If the revision is challenged, the revision
may not take effect without the approval of the commission.
10. Article X == Oversight, dispute resolution, and
enforcement.
a. Oversight.
(1) The executive, legislative, and judicial branches
of state government in each member state shall enforce this
compact and take all actions necessary and appropriate to
effectuate the compact's purposes and intent. The provisions
of this compact and the rules promulgated hereunder shall have
standing as statutory law.
(2) All courts shall take judicial notice of the compact
and the rules in any judicial or administrative proceeding in a
member state pertaining to the subject matter of this compact
which may affect the powers, responsibilities, or actions of
the commission.
(3) The commission shall be entitled to receive service
of process in any such proceeding, and shall have standing to
intervene in such a proceeding for all purposes. Failure to
provide service of process to the commission shall render a
judgment or order void as to the commission, this compact, or
promulgated rules.
b. Default, technical assistance, and termination.
(1) If the commission determines that a member state
has defaulted in the performance of its obligations or
responsibilities under this compact or the promulgated rules,
the commission shall do all of the following:
(a) Provide written notice to the defaulting state and other
member states of the nature of the default, the proposed means
of curing the default, or any other action to be taken by the
commission.
(b) Provide remedial training and specific technical
assistance regarding the default.
(2) If a state in default fails to cure the default, the
defaulting state may be terminated from the compact upon an
affirmative vote of a majority of the member states, and all
rights, privileges, and benefits conferred by this compact may
be terminated on the effective date of termination. A cure of
the default does not relieve the offending state of obligations
or liabilities incurred during the period of default.
(3) Termination of membership in the compact shall be
imposed only after all other means of securing compliance have
been exhausted. Notice of intent to suspend or terminate shall
be given by the commission to the governor, the majority and
minority leaders of the defaulting state's legislature, and
each of the member states.
(4) A state that has been terminated is responsible for
all assessments, obligations, and liabilities incurred through
the effective date of termination, including obligations that
extend beyond the effective date of termination.
(5) The commission shall not bear any costs related
to a state that is found to be in default or that has been
terminated from the compact unless agreed upon in writing
between the commission and the defaulting state.
(6) The defaulting state may appeal the action of the
commission by petitioning the United States district court
for the District of Columbia or the federal district where
the commission has its principal offices. The prevailing
member shall be awarded all costs of such litigation, including
reasonable attorney fees.
c. Dispute resolution.
(1) Upon request by a member state, the commission shall
attempt to resolve disputes related to the compact that arise
among member states and between member and nonmember states.
(2) The commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes as
appropriate.
d. Enforcement.
(1) The commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this
compact.
(2) By majority vote, the commission may initiate legal
action in the United States district court for the District
of Columbia or the federal district where the commission has
its principal offices against a member state in default to
enforce compliance with the provisions of the compact and its
promulgated rules and bylaws. The relief sought may include
both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing member shall be
awarded all costs of such litigation, including reasonable
attorney fees.
(3) The remedies herein shall not be the exclusive remedies
of the commission. The commission may pursue any other
remedies available under federal or state law.
11. Article XI == Date of implementation of the interstate
commission for physical therapy practice and associated rules,
withdrawal, and amendment.
a. The compact shall come into effect on the date on
which the compact statute is enacted into law in the tenth
member state. The provisions, which become effective at
that time, shall be limited to the powers granted to the
commission relating to assembly and the promulgation of rules.
Thereafter, the commission shall meet and exercise rulemaking
powers necessary to the implementation and administration of
the compact.
b. Any state that joins the compact subsequent to the
commission's initial adoption of the rules shall be subject
to the rules as they exist on the date on which the compact
becomes law in that state. Any rule that has been previously
adopted by the commission shall have the full force and effect
of law on the day the compact becomes law in that state.
c. Any member state may withdraw from this compact by
enacting a statute repealing the same.
(1) A member state's withdrawal shall not take effect until
six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement
of the withdrawing state's physical therapy licensing board
to comply with the investigative and adverse action reporting
requirements of this compact prior to the effective date of
withdrawal.
d. Nothing contained in this compact shall be construed to
invalidate or prevent any physical therapy licensure agreement
or other cooperative arrangement between a member state and a
nonmember state that does not conflict with the provisions of
this compact.
e. This compact may be amended by the member states. No
amendment to this compact shall become effective and binding
upon any member state until it is enacted into the laws of all
member states.
12. Article XII == Construction and severability.
This compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this
compact shall be severable, and if any phrase, clause,
sentence, or provision of this compact is declared to be
contrary to the constitution of any party state or of the
United States or the applicability thereof to any government,
agency, person, or circumstance is held invalid, the validity
of the remainder of this compact and the applicability thereof
to any government, agency, person, or circumstance shall not
be affected thereby. If this compact shall be held to be
contrary to the constitution of any party state, the compact
shall remain in full force and effect as to the remaining party
states and in full force and effect as to the party state
affected as to all severable matters.
LINDA UPMEYER
CHARLES SCHNEIDE
CARMINE BOAL
KIM REYNOLDS
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