Bill Text: TX HB2765 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to the Physical Therapy Licensure Compact; authorizing fees.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2017-06-09 - Effective on 9/1/17 [HB2765 Detail]

Download: Texas-2017-HB2765-Enrolled.html

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H.B. No. 2765

AN ACT
relating to the Physical Therapy Licensure Compact; authorizing
fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 453, Occupations Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. PHYSICAL THERAPY LICENSURE COMPACT
Sec. 453.501. PHYSICAL THERAPY LICENSURE COMPACT. The
Physical Therapy Licensure Compact is enacted and entered into with
all other jurisdictions that legally join in the compact, which
reads as follows:
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 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
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 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 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 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. Section 534 and 42 U.S.C. Section
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;
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 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 4.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 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.
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
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
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
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;
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
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
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
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 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 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
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 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
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.
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.
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, 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 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;
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 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 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 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 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 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 effect as to the party state affected as to all severable
matters.
Sec. 453.502. ADMINISTRATION OF COMPACT. The board is the
Physical Therapy Licensure Compact administrator for this state.
Sec. 453.503. RULES. The board may adopt rules necessary to
implement this subchapter.
SECTION 2. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2765 was passed by the House on May 4,
2017, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2765 was passed by the Senate on May
24, 2017, by the following vote: Yeas 25, Nays 6.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor