Bill Text: IL SB1699 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Power Agency Act. Provides that the Adjustable Block program shall include at least 15% from distributed renewable generation devices or photovoltaic community renewable generation projects installed on public school land (rather than at public schools). Provides that qualifying projects must be located on property owned, leased, or subleased by the school or school district and the school or school district must benefit from the project. Provides that the Illinois Power Agency shall commission and publish a policy study to evaluate the potential impacts of specified proposals on the environment, grid reliability, carbon and other pollutant emissions, resource adequacy, long-term and short-term electric rates, environmental justice communities, jobs, and the economy. Provides that the Agency shall retain the services of technical and policy experts with energy market and other relevant fields of expertise, solicit technical and policy analysis from the public, and provide for a 20-day open public comment period after publication of a draft study, which shall be published no later than 20 days after the comment period ends. Provides that the final policy study shall be published by March 1, 2024. Provides that the policy study shall include policy recommendations to the General Assembly. Amends the Illinois Procurement Code to exempt the procurement of technical and policy experts for the policy study. Amends the Counties Code. In provisions concerning regulation of commercial wind energy facilities and commercial solar energy facilities, provides that a public hearing shall be held not more than 60 days (rather than 45 days) after the filing of the application for the facility. Provides that the amount of any decommissioning payment shall be in accordance with financial assurance required by the agricultural impact mitigation agreements (rather than limited to the cost identified in the decommissioning or deconstruction plan, as required by the agricultural impact mitigation agreements, minus the salvage value of the project). Provides that a facility shall file a farmland drainage plan with the county and impacted drainage districts and specifies requirements of the plan. Requires vegetation management plans to comply with the agricultural impact mitigation agreement and underlying agreements with landowners where the facility will be constructed. Adds language requiring a facility owner to compensate landowners for crop losses or other agricultural damages resulting from damage to the drainage system caused by the construction of the facility, repair or pay for damage to the subsurface drainage system, and repair or pay for the restoration of surface drainage caused by the construction or deconstruction of the facility. Provides that a facility owner with siting approval from a county to construct a commercial wind energy facility or a commercial solar energy facility is authorized to cross or impact a drainage system, including, but not limited to, drainage tiles, open drainage ditches (rather than open drainage districts), culverts, and water gathering vaults, owned or under the control of a drainage district under the Illinois Drainage Code without obtaining prior agreement or approval from the drainage district in accordance with the farmland drainage plan (removing an exception requiring the facility owner to repair or pay for the repair of all damage to the drainage system caused by the construction of the commercial wind energy facility or the commercial solar energy facility within a reasonable time after construction of the commercial wind energy facility or the commercial solar energy facility is complete). Amends the Public Utilities Act. Provides that the Illinois Commerce Commission shall convene a workshop process for the purpose of establishing an open, inclusive, and cooperative forum regarding thermal energy networks. Amends the Freedom of Information Act to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2023-12-08 - Public Act . . . . . . . . . 103-0580 [SB1699 Detail]

Download: Illinois-2023-SB1699-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Physical Therapy Act is amended by
adding Sections 8.7 and 33.5 as follows:
(225 ILCS 90/8.7 new)
Sec. 8.7. Criminal history records background check. Each
applicant for licensure under Sections 8, 8.1, and 11 shall
have his or her fingerprints submitted to the Illinois State
Police in an electronic format that complies with the form and
manner for requesting and furnishing criminal history record
information as prescribed by the Illinois State Police. These
fingerprints shall be checked against the Illinois State
Police and Federal Bureau of Investigation criminal history
record databases now and hereafter filed. The Illinois State
Police shall charge applicants a fee for conducting the
criminal history records check, which shall be deposited into
the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois State Police shall
furnish, pursuant to positive identification, records of
Illinois convictions to the Department. The Department may
require applicants to pay a separate fingerprinting fee,
either to the Department or to a vendor designated or approved

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by the Department. The Department, in its discretion, may
allow an applicant or licensee who does not have reasonable
access to a designated vendor to provide his or her
fingerprints in an alternative manner. Communication between
the Department and an interstate compact governing body or
other entities may not include information received from the
Federal Bureau of Investigation relating to a State and
federal criminal history records check. The Department may
adopt any rules necessary to implement this Section.
(225 ILCS 90/33.5 new)
Sec. 33.5. Physical Therapy Licensure Compact. The State
of Illinois ratifies and approves the following Compact:
PHYSICAL THERAPY LICENSURE COMPACT
SECTION 1. PURPOSE
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/client is
located at the time of the patient/client encounter. The
Compact preserves the regulatory authority of states to
protect public health and safety through the current system of
state licensure.
This Compact is designed to achieve the following

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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 multi-state physical therapy practice;
4. Support spouses of relocating military members;
5. Enhance the exchange of licensure, investigative,
and disciplinary information between member states; and
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.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided,
the following definitions shall apply:
1. "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. Section 1209 and 1211.
2. "Adverse Action" means disciplinary action taken by a
physical therapy licensing board based upon misconduct,
unacceptable performance, or a combination of both.
3. "Alternative Program" means a non-disciplinary

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monitoring or practice remediation process approved by a
physical therapy licensing board. This includes, but is not
limited to, substance abuse issues.
4. "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/client is located at the time of the
patient/client encounter.
5. "Continuing competence" means a requirement, as a
condition of license renewal, to provide evidence of
participation in, and/or completion of, educational and
professional activities relevant to practice or area of work.
6. "Data system" means a repository of information about
licensees, including examination, licensure, investigative,
compact privilege, and adverse action.
7. "Encumbered license" means a license that a physical
therapy licensing board has limited in any way.
8. "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.
9. "Home state" means the member state that is the
licensee's primary state of residence.
10. "Investigative information" means information,
records, and documents received or generated by a physical

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therapy licensing board pursuant to an investigation.
11. "Jurisprudence Requirement" means the assessment of an
individual's knowledge of the laws and rules governing the
practice of physical therapy in a state.
12. "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.
13. "Member state" means a state that has enacted the
Compact.
14. "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.
15. "Physical therapist" means an individual who is
licensed by a state to practice physical therapy.
16. "Physical therapist assistant" means an individual who
is licensed/certified by a state and who assists the physical
therapist in selected components of physical therapy.
17. "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.
18. "Physical Therapy Compact Commission" or "Commission"
means the national administrative body whose membership
consists of all states that have enacted the Compact.
19. "Physical therapy licensing board" or "licensing
board" means the agency of a state that is responsible for the

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licensing and regulation of physical therapists and physical
therapist assistants.
20. "Remote State" means a member state other than the
home state, where a licensee is exercising or seeking to
exercise the compact privilege.
21. "Rule" means a regulation, principle, or directive
promulgated by the Commission that has the force of law.
22. "State" means any state, commonwealth, district, or
territory of the United States of America that regulates the
practice of physical therapy.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To participate in the Compact, a state must:
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

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and use the results in making licensure decisions in
accordance with Section 3.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; and
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
SECTION 4. COMPACT PRIVILEGE
A. To exercise the compact privilege under the terms and
provisions of the Compact, the licensee shall:
1. Hold a license in the home state;
2. Have no encumbrance on any state license;

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3. Be eligible for a compact privilege in any member
state in accordance with Section 4D, G and H;
4. Have not had any adverse action against any license
or compact privilege within the previous 2 years;
5. Notify the Commission that the licensee is seeking
the compact privilege within a remote state(s);
6. Pay any applicable fees, including any state fee,
for the compact privilege;
7. Meet any jurisprudence requirements established by
the remote state(s) in which the licensee is seeking a
compact privilege; and
8. Report to the Commission adverse action taken by
any non-member state within 30 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 Section 4.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/or take

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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 the
following occur:
1. The home state license is no longer encumbered; and
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 Section 4A 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 the following occur:
1. The specific period of time for which the compact
privilege was removed has ended;
2. All fines have been paid; and
3. Two years have elapsed from the date of the adverse
action.
H. Once the requirements of Section 4G have been met, the
license must meet the requirements in Section 4A to obtain a
compact privilege in a remote state.

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SECTION 5. 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 one of
the following as the home state:
A. Home of record;
B. Permanent Change of Station (PCS); or
C. State of current residence if it is different than the
PCS state or home of record.
SECTION 6. 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 non-public 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

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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:
1. Take adverse actions as set forth in Section 4.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,
and/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 and/or evidence are located; and
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

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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.
SECTION 7. 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

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1. Each member state shall have and be limited to one
(1) 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 (1) 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 the following powers and
duties:
1. Establish the fiscal year of the Commission;

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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 to 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

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services, and to receive, utilize and dispose of the same;
provided that at all times the Commission shall avoid any
appearance of impropriety and/or conflict of interest;
11. Lease, purchase, accept appropriate gifts or
donations of, or otherwise to own, hold, improve or use,
any property, 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
composed 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; and
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

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The Executive Board shall have the power to act on behalf
of the Commission according to the terms of this Compact
1. The Executive Board shall be composed of 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; and
c. One ex-officio, nonvoting member from the
recognized membership organization of the physical
therapy licensing boards.
2. The ex-officio members will be selected by their
respective organizations.
3. The Commission may remove any member of the
Executive Board as provided in bylaws.
4. The Executive Board shall meet at least annually.
5. The Executive Board shall have the following Duties
and responsibilities:
a. Recommend to the entire Commission changes to
the rules or bylaws, changes to this Compact
legislation, 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

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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;
and
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
Section 9.
2. The Commission or the Executive Board or other
committees of the Commission may convene in a closed,
non-public meeting if the Commission or Executive Board or
other committees of the Commission must discuss:
a. Non-compliance 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

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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;
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; or
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

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shall provide a full and accurate summary of actions
taken, and the reasons therefore, 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

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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 shall be construed
to protect any such person from suit and/or liability for

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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 his or her own
counsel; and provided further, that the actual or alleged
act, error, or omission did not result from that person's
intentional or 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

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responsibilities, provided that the actual or alleged act,
error, or omission did not result from the intentional or
willful or wanton misconduct of that person.
SECTION 8. 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:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or compact
privilege;
4. Non-confidential information related to alternative
program participation;
5. Any denial of application for licensure, and the
reason(s) for such denial; and
6. Other information that may facilitate the
administration of this Compact, as determined by the rules
of the Commission.

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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.
SECTION 9. 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 4 years of the
date of adoption of the rule, then such rule shall have no
further force and effect in any member state.

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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 (30) 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:
1. On the website of the Commission or other publicly
accessible platform; and
2. On the website 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:
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; and
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,

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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:
1. At least twenty-five (25) persons;
2. A state or federal governmental subdivision or
agency; or
3. An association having at least twenty-five (25)
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 (5)
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

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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
(90) 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:
1. Meet an imminent threat to public health, safety,
or welfare;
2. Prevent a loss of Commission or member state funds;

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3. Meet a deadline for the promulgation of an
administrative rule that is established by federal law or
rule; or
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
website of the Commission. The revision shall be subject to
challenge by any person for a period of thirty (30) 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.
SECTION 10. 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

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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:
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 and/or any
other action to be taken by the Commission; and
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

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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 U.S. District Court for the
District of Columbia or the federal district where the
Commission has its principal offices. The prevailing

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member shall be awarded all costs of such litigation,
including reasonable attorney's 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
non-member 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's fees.
3. The remedies herein shall not be the exclusive
remedies of the Commission. The Commission may pursue any

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other remedies available under federal or state law.
SECTION 11. 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 (6) months after enactment of the repealing
statute.
2. Withdrawal shall not affect the continuing
requirement of the withdrawing state's physical therapy

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licensing board to comply with the investigative and
adverse action reporting requirements of this act 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
non-member 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.
SECTION 12. 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 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

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effect as to the party state affected as to all severable
matters.