HF 729

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/17/2023 12:01am

A bill for an act
relating to health occupations; creating a physical therapy interstate licensure
compact; proposing coding for new law in Minnesota Statutes, chapter 148.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [148.675] PHYSICAL THERAPY LICENSURE COMPACT.
new text end

new text begin The physical therapy licensure compact is enacted into law and entered into with all
other jurisdictions legally joining in the compact in the form substantially specified in this
section.
new text end

new text begin ARTICLE I
new text end

new text begin PURPOSE
new text end

new text begin 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 or client is located at the time of the patient or
client encounter. The compact preserves the regulatory authority of states to protect public
health and safety through the current system of state licensure.
new text end

new text begin This compact is designed to achieve the following objectives:
new text end

new text begin (1) increase public access to physical therapy services by providing for the mutual
recognition of other member state licenses;
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new text begin (2) enhance the states' ability to protect the public's health and safety;
new text end

new text begin (3) encourage the cooperation of member states in regulating multistate physical therapy
practice;
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new text begin (4) support spouses of relocating military members;
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new text begin (5) enhance the exchange of licensure, investigative, and disciplinary information between
member states; and
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new text begin (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.
new text end

new text begin ARTICLE II
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new text begin DEFINITIONS
new text end

new text begin As used in this compact, and except as otherwise provided, the following terms have
the meanings given them.
new text end

new text begin (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 United States Code, title 10, chapters 1209 and 1211.
new text end

new text begin (b) "Adverse action" means disciplinary action taken by a physical therapy licensing
board based upon misconduct, unacceptable performance, or a combination of both.
new text end

new text begin (c) "Alternative program" means a nondisciplinary monitoring or practice remediation
process approved by a physical therapy licensing board. Alternative program includes but
is not limited to substance abuse issues.
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new text begin (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 or client is located at the time of the
patient or client encounter.
new text end

new text begin (e) "Continuing competence" means a requirement, as a condition of license renewal,
to provide evidence of participation in, or completion of, educational and professional
activities relevant to practice or area of work.
new text end

new text begin (f) "Data system" means a repository of information about licensees, including
examination, licensure, investigative, compact privilege, and adverse action.
new text end

new text begin (g) "Encumbered license" means a license that a physical therapy licensing board has
limited in any way.
new text end

new text begin (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.
new text end

new text begin (i) "Home state" means the member state that is the licensee's primary state of residence.
new text end

new text begin (j) "Investigative information" means information, records, and documents received or
generated by a physical therapy licensing board pursuant to an investigation.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (m) "Member state" means a state that has enacted the compact.
new text end

new text begin (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.
new text end

new text begin (o) "Physical therapist" means an individual who is licensed by a state to practice physical
therapy.
new text end

new text begin (p) "Physical therapist assistant" means an individual who is licensed or certified by a
state and who assists the physical therapist in selected components of physical therapy.
new text end

new text begin (q) "Physical therapy," "physical therapy practice," or "the practice of physical therapy"
means the care and services provided by or under the direction and supervision of a licensed
physical therapist.
new text end

new text begin (r) "Physical Therapy Compact Commission" or "commission" means the national
administrative body whose membership consists of all states that have enacted the compact.
new text end

new text begin (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.
new text end

new text begin (t) "Remote state" means a member state other than the home state where a licensee is
exercising or seeking to exercise the compact privilege.
new text end

new text begin (u) "Rule" means a regulation, principle, or directive promulgated by the commission
that has the force of law.
new text end

new text begin (v) "State" means any state, commonwealth, district, or territory of the United States
that regulates the practice of physical therapy.
new text end

new text begin ARTICLE III
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new text begin STATE PARTICIPATION IN THE COMPACT
new text end

new text begin (a) To participate in the compact, a state must:
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new text begin (1) participate fully in the commission's data system, including using the commission's
unique identifier as defined in rules;
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new text begin (2) have a mechanism in place for receiving and investigating complaints about licensees;
new text end

new text begin (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;
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new text begin (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 paragraph (b);
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new text begin (5) comply with the rules of the commission;
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new text begin (6) utilize a recognized national examination as a requirement for licensure pursuant to
the rules of the commission; and
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new text begin (7) have continuing competence requirements as a condition for license renewal.
new text end

new text begin (b) Upon adoption of this compact, 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 United States Code, title 28, section 534, and United States Code, title 42,
section 14616.
new text end

new text begin (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.
new text end

new text begin (d) Member states may charge a fee for granting a compact privilege.
new text end

new text begin ARTICLE IV
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new text begin COMPACT PRIVILEGE
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new text begin (a) To exercise the compact privilege under the terms and provisions of the compact,
the licensee shall:
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new text begin (1) hold a license in the home state;
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new text begin (2) have no encumbrance on any state license;
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new text begin (3) be eligible for a compact privilege in any member state in accordance with paragraphs
(d), (g), and (h);
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new text begin (4) have not had any adverse action against any license or compact privilege within the
previous two years;
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new text begin (5) notify the commission that the licensee is seeking the compact privilege within a
remote state or states;
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new text begin (6) pay any applicable fees, including any state fee, for the compact privilege;
new text end

new text begin (7) meet any jurisprudence requirements established by the remote state or states in
which the licensee is seeking a compact privilege; and
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new text begin (8) report to the commission adverse action taken by any nonmember state within 30
days from the date the adverse action is taken.
new text end

new text begin (b) The compact privilege is valid until the expiration date of the home license. The
licensee must comply with the requirements of paragraph (a) to maintain the compact
privilege in the remote state.
new text end

new text begin (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.
new text end

new text begin (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, 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.
new text end

new text begin (e) If a home state license is encumbered, the licensee shall lose the compact privilege
in any remote state until the following occur:
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new text begin (1) the home state license is no longer encumbered; and
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new text begin (2) two years have elapsed from the date of the adverse action.
new text end

new text begin (f) Once an encumbered license in the home state is restored to good standing, the
licensee must meet the requirements of paragraph (a) to obtain a compact privilege in any
remote state.
new text end

new text begin (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:
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new text begin (1) the specific period of time for which the compact privilege was removed has ended;
new text end

new text begin (2) all fines have been paid; and
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new text begin (3) two years have elapsed from the date of the adverse action.
new text end

new text begin (h) Once the requirements of paragraph (g) have been met, the licensee must meet the
requirements in paragraph (a) to obtain a compact privilege in a remote state.
new text end

new text begin ARTICLE V
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new text begin ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
new text end

new text begin 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:
new text end

new text begin (1) home of record;
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new text begin (2) permanent change of station (PCS) state; or
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new text begin (3) state of current residence if different than the PCS state or home of record.
new text end

new text begin ARTICLE VI
new text end

new text begin ADVERSE ACTIONS
new text end

new text begin (a) A home state shall have exclusive power to impose adverse action against a license
issued by the home state.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (e) A remote state shall have the authority to:
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new text begin (1) take adverse actions as set forth in article IV, paragraph (d), against a licensee's
compact privilege in the state;
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new text begin (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; and
new text end

new text begin (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.
new text end

new text begin (f) 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.
new text end

new text begin (g) Member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the compact.
new text end

new text begin ARTICLE VII
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new text begin ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION
new text end

new text begin (a) The compact member states hereby create and establish a joint public agency known
as the Physical Therapy Compact Commission:
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new text begin (1) the commission is an instrumentality of the compact states;
new text end

new text begin (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;
and
new text end

new text begin (3) nothing in this compact shall be construed to be a waiver of sovereign immunity.
new text end

new text begin (b) Membership, voting, and meetings:
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new text begin (1) each member state shall have and be limited to one delegate selected by that member
state's licensing board;
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new text begin (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;
new text end

new text begin (3) 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;
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new text begin (4) 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;
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new text begin (5) any delegate may be removed or suspended from office as provided by the laws of
the state from which the delegate is appointed;
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new text begin (6) the member state board shall fill any vacancy occurring in the commission;
new text end

new text begin (7) the commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws;
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new text begin (8) 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;
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new text begin (9) 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:
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new text begin (i) noncompliance of a member state with its obligations under the compact;
new text end

new text begin (ii) 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;
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new text begin (iii) current, threatened, or reasonably anticipated litigation;
new text end

new text begin (iv) negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
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new text begin (v) accusing any person of a crime or formally censuring any person;
new text end

new text begin (vi) disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
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new text begin (vii) disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
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new text begin (viii) disclosure of investigative records compiled for law enforcement purposes;
new text end

new text begin (ix) 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
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new text begin (x) matters specifically exempted from disclosure by federal or member state statute;
new text end

new text begin (10) 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; and
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new text begin (11) 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.
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new text begin (c) The commission shall have the following powers and duties:
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new text begin (1) establish the fiscal year of the commission;
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new text begin (2) establish bylaws;
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new text begin (3) maintain its financial records in accordance with the bylaws;
new text end

new text begin (4) meet and take such actions as are consistent with the provisions of this compact and
the bylaws;
new text end

new text begin (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;
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new text begin (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;
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new text begin (7) purchase and maintain insurance and bonds;
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new text begin (8) borrow, accept, or contract for services of personnel, including but not limited to
employees of a member state;
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new text begin (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;
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new text begin (10) accept any and all appropriate donations and grants of money, equipment, supplies,
materials, and services and receive, utilize, and dispose of the same, provided that at all
times the commission shall avoid any appearance of impropriety or conflict of interest;
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new text begin (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;
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new text begin (12) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
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new text begin (13) establish a budget and make expenditures;
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new text begin (14) borrow money;
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new text begin (15) appoint committees, including standing committees composed of members, state
regulators, state legislators or their representatives, consumer representatives, and such
other interested persons as may be designated in this compact and the bylaws;
new text end

new text begin (16) provide and receive information from, and cooperate with, law enforcement agencies;
new text end

new text begin (17) establish and elect an executive board; and
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new text begin (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.
new text end

new text begin (d) The executive board:
new text end

new text begin (1) the executive board shall have the power to act on behalf of the commission according
to the terms of this compact;
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new text begin (2) the executive board shall be composed of nine members as follows:
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new text begin (i) seven voting members who are elected by the commission from the current
membership of the commission;
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new text begin (ii) one ex officio, nonvoting member from the recognized national physical therapy
professional association; and
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new text begin (iii) one ex officio, nonvoting member from the recognized membership organization
of the physical therapy licensing boards;
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new text begin (3) the ex officio members must be selected by their respective organizations;
new text end

new text begin (4) the commission may remove any member of the executive board as provided in the
bylaws;
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new text begin (5) the executive board shall meet at least annually; and
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new text begin (6) the executive board shall have the following duties and responsibilities:
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new text begin (i) 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;
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new text begin (ii) ensure compact administration services are appropriately provided, contractual or
otherwise;
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new text begin (iii) prepare and recommend the budget;
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new text begin (iv) maintain financial records on behalf of the commission;
new text end

new text begin (v) monitor compact compliance of member states and provide compliance reports to
the commission;
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new text begin (vi) establish additional committees as necessary; and
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new text begin (vii) other duties as provided in rules or bylaws.
new text end

new text begin (e) Financing of the commission:
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new text begin (1) the commission shall pay, or provide for the payment of, the reasonable expenses of
the commission's establishment, organization, and ongoing activities;
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new text begin (2) the commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services;
new text end

new text begin (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 the commission's 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;
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new text begin (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; and
new text end

new text begin (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 the commission's 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.
new text end

new text begin (f) Qualified immunity, defense, and indemnification:
new text end

new text begin (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 or
liability for any damage, loss, injury, or liability caused by the intentional or willful or
wanton misconduct of that person;
new text end

new text begin (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 the intentional or willful or wanton misconduct
of that person; and
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new text begin (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.
new text end

new text begin ARTICLE VIII
new text end

new text begin DATA SYSTEM
new text end

new text begin (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.
new text end

new text begin (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:
new text end

new text begin (1) identifying information;
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new text begin (2) licensure data;
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new text begin (3) adverse actions against a license or compact privilege;
new text end

new text begin (4) nonconfidential information related to alternative program participation;
new text end

new text begin (5) any denial of application for licensure and the reason or reasons for the denial; and
new text end

new text begin (6) other information that may facilitate the administration of this compact, as determined
by the rules of the commission.
new text end

new text begin (c) Investigative information pertaining to a licensee in any member state will only be
available to other party states.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
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new text begin ARTICLE IX
new text end

new text begin RULEMAKING
new text end

new text begin (a) The commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this article and the rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment.
new text end

new text begin (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.
new text end

new text begin (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of
the commission.
new text end

new text begin (d) Prior to promulgation and adoption of a final rule or rules by the commission and at
least 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:
new text end

new text begin (1) on the website of the commission or other publicly accessible platform; and
new text end

new text begin (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.
new text end

new text begin (e) The notice of proposed rulemaking shall include:
new text end

new text begin (1) the proposed time, date, and location of the meeting in which the rule will be
considered and voted upon;
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new text begin (2) the text of the proposed rule or amendment and the reason for the proposed rule;
new text end

new text begin (3) a request for comments on the proposed rule from any interested person; and
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (g) The commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment if a hearing is requested by:
new text end

new text begin (1) at least 25 persons;
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new text begin (2) a state or federal governmental subdivision or agency; or
new text end

new text begin (3) an association having at least 25 members.
new text end

new text begin (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:
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (3) all hearings will be recorded. A copy of the recording will be made available on
request; and
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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 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:
new text end

new text begin (1) meet an imminent threat to public health, safety, or welfare;
new text end

new text begin (2) prevent a loss of commission or member state funds;
new text end

new text begin (3) meet a deadline for the promulgation of an administrative rule that is established by
federal law or rule; or
new text end

new text begin (4) protect public health and safety.
new text end

new text begin (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 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.
new text end

new text begin ARTICLE X
new text end

new text begin OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
new text end

new text begin (a) Oversight:
new text end

new text begin (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;
new text end

new text begin (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; and
new text end

new text begin (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.
new text end

new text begin (b) Default, technical assistance, and termination:
new text end

new text begin (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:
new text end

new text begin (i) 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; and
new text end

new text begin (ii) provide remedial training and specific technical assistance regarding the default;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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; and
new text end

new text begin (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.
new text end

new text begin (c) Dispute resolution:
new text end

new text begin (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; and
new text end

new text begin (2) the commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
new text end

new text begin (d) Enforcement:
new text end

new text begin (1) the commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact;
new text end

new text begin (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;
and
new text end

new text begin (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.
new text end

new text begin ARTICLE XI
new text end

new text begin DATE OF IMPLEMENTATION OF THE INTERSTATE COMPACT FOR
PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL,
AND AMENDMENTS
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (c) Any member state may withdraw from this compact by enacting a statute repealing
the same:
new text end

new text begin (1) a member state's withdrawal shall not take effect until six months after enactment
of the repealing statute; and
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin ARTICLE XII
new text end

new text begin CONSTRUCTION AND SEVERABILITY
new text end

new text begin 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. The
Board of Physical Therapy must publish the effective date of the compact in the State
Register and on the board's website.
new text end