Sen. Emil Jones, III

Filed: 4/16/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1090

2    AMENDMENT NO. ______. Amend Senate Bill 1090 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Physical Therapy Act is amended
5by adding Sections 8.7 and 33.5 as follows:
 
6    (225 ILCS 90/8.7 new)
7    Sec. 8.7. Criminal history records background check. Each
8applicant for licensure under Sections 8, 8.1, and 11 shall
9have his or her fingerprints submitted to the Illinois State
10Police in an electronic format that complies with the form and
11manner for requesting and furnishing criminal history record
12information as prescribed by the Illinois State Police. These
13fingerprints shall be checked against the Illinois State
14Police and Federal Bureau of Investigation criminal history
15record databases now and hereafter filed. The Illinois State
16Police shall charge applicants a fee for conducting the

 

 

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1criminal history records check, which shall be deposited into
2the State Police Services Fund and shall not exceed the actual
3cost of the records check. The Illinois State Police shall
4furnish, pursuant to positive identification, records of
5Illinois convictions to the Department. The Department may
6require applicants to pay a separate fingerprinting fee,
7either to the Department or to a vendor designated or approved
8by the Department. The Department, in its discretion, may
9allow an applicant or licensee who does not have reasonable
10access to a designated vendor to provide his or her
11fingerprints in an alternative manner. Communication between
12the Department and an interstate compact governing body or
13other entities may not include information received from the
14Federal Bureau of Investigation relating to a State and
15federal criminal history records check. The Department may
16adopt any rules necessary to implement this Section.
 
17    (225 ILCS 90/33.5 new)
18    Sec. 33.5. Physical Therapy Licensure Compact. The State
19of Illinois ratifies and approves the following Compact:
 
20
PHYSICAL THERAPY LICENSURE COMPACT

 
21    SECTION 1. PURPOSE
22    The purpose of this Compact is to facilitate interstate
23practice of physical therapy with the goal of improving public

 

 

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1access to physical therapy services. The practice of physical
2therapy occurs in the state where the patient/client is
3located at the time of the patient/client encounter. The
4Compact preserves the regulatory authority of states to
5protect public health and safety through the current system of
6state licensure.
7    This Compact is designed to achieve the following
8objectives:
9        1. Increase public access to physical therapy services
10    by providing for the mutual recognition of other member
11    state licenses;
12        2. Enhance the states' ability to protect the public's
13    health and safety;
14        3. Encourage the cooperation of member states in
15    regulating multi-state physical therapy practice;
16        4. Support spouses of relocating military members;
17        5. Enhance the exchange of licensure, investigative,
18    and disciplinary information between member states; and
19        6. Allow a remote state to hold a provider of services
20    with a compact privilege in that state accountable to that
21    state's practice standards.
 
22    SECTION 2. DEFINITIONS
23    As used in this Compact, and except as otherwise provided,
24the following definitions shall apply:
25    1. "Active Duty Military" means full-time duty status in

 

 

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1the active uniformed service of the United States, including
2members of the National Guard and Reserve on active duty
3orders pursuant to 10 U.S.C. Section 1209 and 1211.
4    2. "Adverse Action" means disciplinary action taken by a
5physical therapy licensing board based upon misconduct,
6unacceptable performance, or a combination of both.
7    3. "Alternative Program" means a non-disciplinary
8monitoring or practice remediation process approved by a
9physical therapy licensing board. This includes, but is not
10limited to, substance abuse issues.
11    4. "Compact privilege" means the authorization granted by
12a remote state to allow a licensee from another member state to
13practice as a physical therapist or work as a physical
14therapist assistant in the remote state under its laws and
15rules. The practice of physical therapy occurs in the member
16state where the patient/client is located at the time of the
17patient/client encounter.
18    5. "Continuing competence" means a requirement, as a
19condition of license renewal, to provide evidence of
20participation in, and/or completion of, educational and
21professional activities relevant to practice or area of work.
22    6. "Data system" means a repository of information about
23licensees, including examination, licensure, investigative,
24compact privilege, and adverse action.
25    7. "Encumbered license" means a license that a physical
26therapy licensing board has limited in any way.

 

 

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1    8. "Executive Board" means a group of directors elected or
2appointed to act on behalf of, and within the powers granted to
3them by, the Commission.
4    9. "Home state" means the member state that is the
5licensee's primary state of residence.
6    10. "Investigative information" means information,
7records, and documents received or generated by a physical
8therapy licensing board pursuant to an investigation.
9    11. "Jurisprudence Requirement" means the assessment of an
10individual's knowledge of the laws and rules governing the
11practice of physical therapy in a state.
12    12. "Licensee" means an individual who currently holds an
13authorization from the state to practice as a physical
14therapist or to work as a physical therapist assistant.
15    13. "Member state" means a state that has enacted the
16Compact.
17    14. "Party state" means any member state in which a
18licensee holds a current license or compact privilege or is
19applying for a license or compact privilege.
20    15. "Physical therapist" means an individual who is
21licensed by a state to practice physical therapy.
22    16. "Physical therapist assistant" means an individual who
23is licensed/certified by a state and who assists the physical
24therapist in selected components of physical therapy.
25    17. "Physical therapy," "physical therapy practice," and
26"the practice of physical therapy" mean the care and services

 

 

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1provided by or under the direction and supervision of a
2licensed physical therapist.
3    18. "Physical Therapy Compact Commission" or "Commission"
4means the national administrative body whose membership
5consists of all states that have enacted the Compact.
6    19. "Physical therapy licensing board" or "licensing
7board" means the agency of a state that is responsible for the
8licensing and regulation of physical therapists and physical
9therapist assistants.
10    20. "Remote State" means a member state other than the
11home state, where a licensee is exercising or seeking to
12exercise the compact privilege.
13    21. "Rule" means a regulation, principle, or directive
14promulgated by the Commission that has the force of law.
15    22. "State" means any state, commonwealth, district, or
16territory of the United States of America that regulates the
17practice of physical therapy.
 
18    SECTION 3. STATE PARTICIPATION IN THE COMPACT
19    A. To participate in the Compact, a state must:
20        1. Participate fully in the Commission's data system,
21    including using the Commission's unique identifier as
22    defined in rules;
23        2. Have a mechanism in place for receiving and
24    investigating complaints about licensees;
25        3. Notify the Commission, in compliance with the terms

 

 

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1    of the Compact and rules, of any adverse action or the
2    availability of investigative information regarding a
3    licensee;
4        4. Fully implement a criminal background check
5    requirement, within a time frame established by rule, by
6    receiving the results of the Federal Bureau of
7    Investigation record search on criminal background checks
8    and use the results in making licensure decisions in
9    accordance with Section 3.B.;
10        5. Comply with the rules of the Commission;
11        6. Utilize a recognized national examination as a
12    requirement for licensure pursuant to the rules of the
13    Commission; and
14        7. Have continuing competence requirements as a
15    condition for license renewal.
16    B. Upon adoption of this statute, the member state shall
17have the authority to obtain biometric-based information from
18each physical therapy licensure applicant and submit this
19information to the Federal Bureau of Investigation for a
20criminal background check in accordance with 28 U.S.C. 534
21and 42 U.S.C. 14616.
22    C. A member state shall grant the compact privilege to a
23licensee holding a valid unencumbered license in another
24member state in accordance with the terms of the Compact and
25rules.
26    D. Member states may charge a fee for granting a compact

 

 

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1privilege
 
2    SECTION 4. COMPACT PRIVILEGE
3    A. To exercise the compact privilege under the terms and
4provisions of the Compact, the licensee shall:
5        1. Hold a license in the home state;
6        2. Have no encumbrance on any state license;
7        3. Be eligible for a compact privilege in any member
8    state in accordance with Section 4D, G and H;
9        4. Have not had any adverse action against any license
10    or compact privilege within the previous 2 years;
11        5. Notify the Commission that the licensee is seeking
12    the compact privilege within a remote state(s);
13        6. Pay any applicable fees, including any state fee,
14    for the compact privilege;
15        7. Meet any jurisprudence requirements established by
16    the remote state(s) in which the licensee is seeking a
17    compact privilege; and
18        8. Report to the Commission adverse action taken by
19    any non-member state within 30 days from the date the
20    adverse action is taken.
21    B. The compact privilege is valid until the expiration
22date of the home license. The licensee must comply with the
23requirements of Section 4.A. to maintain the compact privilege
24in the remote state.
25    C. A licensee providing physical therapy in a remote state

 

 

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1under the compact privilege shall function within the laws and
2regulations of the remote state.
3    D. A licensee providing physical therapy in a remote state
4is subject to that state's regulatory authority. A remote
5state may, in accordance with due process and that state's
6laws, remove a licensee's compact privilege in the remote
7state for a specific period of time, impose fines, and/or take
8any other necessary actions to protect the health and safety
9of its citizens. The licensee is not eligible for a compact
10privilege in any state until the specific time for removal has
11passed and all fines are paid.
12    E. If a home state license is encumbered, the licensee
13shall lose the compact privilege in any remote state until the
14following occur:
15        1. The home state license is no longer encumbered; and
16        2. Two years have elapsed from the date of the adverse
17    action.
18    F. Once an encumbered license in the home state is
19restored to good standing, the licensee must meet the
20requirements of Section 4A to obtain a compact privilege in
21any remote state.
22    G. If a licensee's compact privilege in any remote state
23is removed, the individual shall lose the compact privilege in
24any remote state until the following occur:
25        1. The specific period of time for which the compact
26    privilege was removed has ended;

 

 

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1        2. All fines have been paid; and
2        3. Two years have elapsed from the date of the adverse
3    action.
4    H. Once the requirements of Section 4G have been met, the
5license must meet the requirements in Section 4A to obtain a
6compact privilege in a remote state.
 
7    SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
8    A licensee who is active duty military or is the spouse of
9an individual who is active duty military may designate one of
10the following as the home state:
11    A. Home of record;
12    B. Permanent Change of Station (PCS); or
13    C. State of current residence if it is different than the
14PCS state or home of record.
 
15    SECTION 6. ADVERSE ACTIONS
16    A. A home state shall have exclusive power to impose
17adverse action against a license issued by the home state.
18    B. A home state may take adverse action based on the
19investigative information of a remote state, so long as the
20home state follows its own procedures for imposing adverse
21action.
22    C. Nothing in this Compact shall override a member state's
23decision that participation in an alternative program may be
24used in lieu of adverse action and that such participation

 

 

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1shall remain non-public if required by the member state's
2laws. Member states must require licensees who enter any
3alternative programs in lieu of discipline to agree not to
4practice in any other member state during the term of the
5alternative program without prior authorization from such
6other member state.
7    D. Any member state may investigate actual or alleged
8violations of the statutes and rules authorizing the practice
9of physical therapy in any other member state in which a
10physical therapist or physical therapist assistant holds a
11license or compact privilege.
12    E. A remote state shall have the authority to:
13        1. Take adverse actions as set forth in Section 4.D.
14    against a licensee's compact privilege in the state;
15        2. Issue subpoenas for both hearings and
16    investigations that require the attendance and testimony
17    of witnesses, and the production of evidence. Subpoenas
18    issued by a physical therapy licensing board in a party
19    state for the attendance and testimony of witnesses,
20    and/or the production of evidence from another party
21    state, shall be enforced in the latter state by any court
22    of competent jurisdiction, according to the practice and
23    procedure of that court applicable to subpoenas issued in
24    proceedings pending before it. The issuing authority shall
25    pay any witness fees, travel expenses, mileage, and other
26    fees required by the service statutes of the state where

 

 

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1    the witnesses and/or evidence are located; and
2        3. If otherwise permitted by state law, recover from
3    the licensee the costs of investigations and disposition
4    of cases resulting from any adverse action taken against
5    that licensee.
6    F. Joint Investigations
7        1. In addition to the authority granted to a member
8    state by its respective physical therapy practice act or
9    other applicable state law, a member state may participate
10    with other member states in joint investigations of
11    licensees.
12        2. Member states shall share any investigative,
13    litigation, or compliance materials in furtherance of any
14    joint or individual investigation initiated under the
15    Compact.
 
16    SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
17COMMISSION
18    A. The Compact member states hereby create and establish a
19joint public agency known as the Physical Therapy Compact
20Commission:
21        1. The Commission is an instrumentality of the Compact
22    states.
23        2. Venue is proper and judicial proceedings by or
24    against the Commission shall be brought solely and
25    exclusively in a court of competent jurisdiction where the

 

 

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1    principal office of the Commission is located. The
2    Commission may waive venue and jurisdictional defenses to
3    the extent it adopts or consents to participate in
4    alternative dispute resolution proceedings.
5        3. Nothing in this Compact shall be construed to be a
6    waiver of sovereign immunity.
7    B. Membership, Voting, and Meetings
8        1. Each member state shall have and be limited to one
9    (1) delegate selected by that member state's licensing
10    board.
11        2. The delegate shall be a current member of the
12    licensing board, who is a physical therapist, physical
13    therapist assistant, public member, or the board
14    administrator.
15        3. Any delegate may be removed or suspended from
16    office as provided by the law of the state from which the
17    delegate is appointed.
18        4. The member state board shall fill any vacancy
19    occurring in the Commission.
20        5. Each delegate shall be entitled to one (1) vote
21    with regard to the promulgation of rules and creation of
22    bylaws and shall otherwise have an opportunity to
23    participate in the business and affairs of the Commission.
24        6. A delegate shall vote in person or by such other
25    means as provided in the bylaws. The bylaws may provide
26    for delegates' participation in meetings by telephone or

 

 

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1    other means of communication.
2        7. The Commission shall meet at least once during each
3    calendar year. Additional meetings shall be held as set
4    forth in the bylaws.
5    C. The Commission shall have the following powers and
6duties:
7        1. Establish the fiscal year of the Commission;
8        2. Establish bylaws;
9        3. Maintain its financial records in accordance with
10    the bylaws;
11        4. Meet and take such actions as are consistent with
12    the provisions of this Compact and the bylaws;
13        5. Promulgate uniform rules to facilitate and
14    coordinate implementation and administration of this
15    Compact. The rules shall have the force and effect of law
16    and shall be binding in all member states;
17        6. Bring and prosecute legal proceedings or actions in
18    the name of the Commission, provided that the standing of
19    any state physical therapy licensing board to sue or be
20    sued under applicable law shall not be affected;
21        7. Purchase and maintain insurance and bonds;
22        8. Borrow, accept, or contract for services of
23    personnel, including, but not limited to, employees of a
24    member state;
25        9. Hire employees, elect or appoint officers, fix
26    compensation, define duties, grant such individuals

 

 

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1    appropriate authority to carry out the purposes of the
2    Compact, and to establish the Commission's personnel
3    policies and programs relating to conflicts of interest,
4    qualifications of personnel, and other related personnel
5    matters;
6        10. Accept any and all appropriate donations and
7    grants of money, equipment, supplies, materials and
8    services, and to receive, utilize and dispose of the same;
9    provided that at all times the Commission shall avoid any
10    appearance of impropriety and/or conflict of interest;
11        11. Lease, purchase, accept appropriate gifts or
12    donations of, or otherwise to own, hold, improve or use,
13    any property, real, personal or mixed; provided that at
14    all times the Commission shall avoid any appearance of
15    impropriety;
16        12. Sell convey, mortgage, pledge, lease, exchange,
17    abandon, or otherwise dispose of any property real,
18    personal, or mixed;
19        13. Establish a budget and make expenditures;
20        14. Borrow money;
21        15. Appoint committees, including standing committees
22    composed of members, state regulators, state legislators
23    or their representatives, and consumer representatives,
24    and such other interested persons as may be designated in
25    this Compact and the bylaws;
26        16. Provide and receive information from, and

 

 

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1    cooperate with, law enforcement agencies;
2        17. Establish and elect an Executive Board; and
3        18. Perform such other functions as may be necessary
4    or appropriate to achieve the purposes of this Compact
5    consistent with the state regulation of physical therapy
6    licensure and practice.
7    D. The Executive Board
8    The Executive Board shall have the power to act on behalf
9of the Commission according to the terms of this Compact
10        1. The Executive Board shall be composed of nine
11    members:
12            a. Seven voting members who are elected by the
13        Commission from the current membership of the
14        Commission;
15            b. One ex-officio, nonvoting member from the
16        recognized national physical therapy professional
17        association; and
18            c. One ex-officio, nonvoting member from the
19        recognized membership organization of the physical
20        therapy licensing boards.
21        2. The ex-officio members will be selected by their
22    respective organizations.
23        3. The Commission may remove any member of the
24    Executive Board as provided in bylaws.
25        4. The Executive Board shall meet at least annually.
26        5. The Executive Board shall have the following Duties

 

 

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1    and responsibilities:
2            a. Recommend to the entire Commission changes to
3        the rules or bylaws, changes to this Compact
4        legislation, fees paid by Compact member states such
5        as annual dues, and any commission Compact fee charged
6        to licensees for the compact privilege;
7            b. Ensure Compact administration services are
8        appropriately provided, contractual or otherwise;
9            c. Prepare and recommend the budget;
10            d. Maintain financial records on behalf of the
11        Commission;
12            e. Monitor Compact compliance of member states and
13        provide compliance reports to the Commission;
14            f. Establish additional committees as necessary;
15        and
16            g. Other duties as provided in rules or bylaws.
17    E. Meetings of the Commission
18        1. All meetings shall be open to the public, and
19    public notice of meetings shall be given in the same
20    manner as required under the rulemaking provisions in
21    Section 9.
22        2. The Commission or the Executive Board or other
23    committees of the Commission may convene in a closed,
24    non-public meeting if the Commission or Executive Board or
25    other committees of the Commission must discuss:
26            a. Non-compliance of a member state with its

 

 

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1        obligations under the Compact;
2            b. The employment, compensation, discipline or
3        other matters, practices or procedures related to
4        specific employees or other matters related to the
5        Commission's internal personnel practices and
6        procedures;
7            c. Current, threatened, or reasonably anticipated
8        litigation;
9            d. Negotiation of contracts for the purchase,
10        lease, or sale of goods, services, or real estate;
11            e. Accusing any person of a crime or formally
12        censuring any person;
13            f. Disclosure of trade secrets or commercial or
14        financial information that is privileged or
15        confidential;
16            g. Disclosure of information of a personal nature
17        where disclosure would constitute a clearly
18        unwarranted invasion of personal privacy;
19            h. Disclosure of investigative records compiled
20        for law enforcement purposes;
21            i. Disclosure of information related to any
22        investigative reports prepared by or on behalf of or
23        for use of the Commission or other committee charged
24        with responsibility of investigation or determination
25        of compliance issues pursuant to the Compact; or
26            j. Matters specifically exempted from disclosure

 

 

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1        by federal or member state statute.
2        3. If a meeting, or portion of a meeting, is closed
3    pursuant to this provision, the Commission's legal counsel
4    or designee shall certify that the meeting may be closed
5    and shall reference each relevant exempting provision.
6        4. The Commission shall keep minutes that fully and
7    clearly describe all matters discussed in a meeting and
8    shall provide a full and accurate summary of actions
9    taken, and the reasons therefore, including a description
10    of the views expressed. All documents considered in
11    connection with an action shall be identified in such
12    minutes. All minutes and documents of a closed meeting
13    shall remain under seal, subject to release by a majority
14    vote of the Commission or order of a court of competent
15    jurisdiction.
16    F. Financing of the Commission
17        1. The Commission shall pay, or provide for the
18    payment of, the reasonable expenses of its establishment,
19    organization, and ongoing activities.
20        2. The Commission may accept any and all appropriate
21    revenue sources, donations, and grants of money,
22    equipment, supplies, materials, and services.
23        3. The Commission may levy on and collect an annual
24    assessment from each member state or impose fees on other
25    parties to cover the cost of the operations and activities
26    of the Commission and its staff, which must be in a total

 

 

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1    amount sufficient to cover its annual budget as approved
2    each year for which revenue is not provided by other
3    sources. The aggregate annual assessment amount shall be
4    allocated based upon a formula to be determined by the
5    Commission, which shall promulgate a rule binding upon all
6    member states.
7        4. The Commission shall not incur obligations of any
8    kind prior to securing the funds adequate to meet the
9    same; nor shall the Commission pledge the credit of any of
10    the member states, except by and with the authority of the
11    member state.
12        5. The Commission shall keep accurate accounts of all
13    receipts and disbursements. The receipts and disbursements
14    of the Commission shall be subject to the audit and
15    accounting procedures established under its bylaws.
16    However, all receipts and disbursements of funds handled
17    by the Commission shall be audited yearly by a certified
18    or licensed public accountant, and the report of the audit
19    shall be included in and become part of the annual report
20    of the Commission.
21    G. Qualified Immunity, Defense, and Indemnification
22        1. The members, officers, executive director,
23    employees and representatives of the Commission shall be
24    immune from suit and liability, either personally or in
25    their official capacity, for any claim for damage to or
26    loss of property or personal injury or other civil

 

 

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1    liability caused by or arising out of any actual or
2    alleged act, error or omission that occurred, or that the
3    person against whom the claim is made had a reasonable
4    basis for believing occurred within the scope of
5    Commission employment, duties or responsibilities;
6    provided that nothing in this paragraph shall be construed
7    to protect any such person from suit and/or liability for
8    any damage, loss, injury, or liability caused by the
9    intentional or willful or wanton misconduct of that
10    person.
11        2. The Commission shall defend any member, officer,
12    executive director, employee or representative of the
13    Commission in any civil action seeking to impose liability
14    arising out of any actual or alleged act, error, or
15    omission that occurred within the scope of Commission
16    employment, duties, or responsibilities, or that the
17    person against whom the claim is made had a reasonable
18    basis for believing occurred within the scope of
19    Commission employment, duties, or responsibilities;
20    provided that nothing herein shall be construed to
21    prohibit that person from retaining his or her own
22    counsel; and provided further, that the actual or alleged
23    act, error, or omission did not result from that person's
24    intentional or willful or wanton misconduct.
25        3. The Commission shall indemnify and hold harmless
26    any member, officer, executive director, employee, or

 

 

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1    representative of the Commission for the amount of any
2    settlement or judgment obtained against that person
3    arising out of any actual or alleged act, error or
4    omission that occurred within the scope of Commission
5    employment, duties, or responsibilities, or that such
6    person had a reasonable basis for believing occurred
7    within the scope of Commission employment, duties, or
8    responsibilities, provided that the actual or alleged act,
9    error, or omission did not result from the intentional or
10    willful or wanton misconduct of that person.
 
11    SECTION 8. DATA SYSTEM
12    A. The Commission shall provide for the development,
13maintenance, and utilization of a coordinated database and
14reporting system containing licensure, adverse action, and
15investigative information on all licensed individuals in
16member states.
17    B. Notwithstanding any other provision of state law to the
18contrary, a member state shall submit a uniform data set to the
19data system on all individuals to whom this Compact is
20applicable as required by the rules of the Commission,
21including:
22        1. Identifying information;
23        2. Licensure data;
24        3. Adverse actions against a license or compact
25    privilege;

 

 

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1        4. Non-confidential information related to alternative
2    program participation;
3        5. Any denial of application for licensure, and the
4    reason(s) for such denial; and
5        6. Other information that may facilitate the
6    administration of this Compact, as determined by the rules
7    of the Commission.
8    C. Investigative information pertaining to a licensee in
9any member state will only be available to other party states.
10    D. The Commission shall promptly notify all member states
11of any adverse action taken against a licensee or an
12individual applying for a license. Adverse action information
13pertaining to a licensee in any member state will be available
14to any other member state.
15    E. Member states contributing information to the data
16system may designate information that may not be shared with
17the public without the express permission of the contributing
18state.
19    F. Any information submitted to the data system that is
20subsequently required to be expunged by the laws of the member
21state contributing the information shall be removed from the
22data system.
 
23    SECTION 9. RULEMAKING
24    A. The Commission shall exercise its rulemaking powers
25pursuant to the criteria set forth in this Section and the

 

 

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1rules adopted thereunder. Rules and amendments shall become
2binding as of the date specified in each rule or amendment.
3    B. If a majority of the legislatures of the member states
4rejects a rule, by enactment of a statute or resolution in the
5same manner used to adopt the Compact within 4 years of the
6date of adoption of the rule, then such rule shall have no
7further force and effect in any member state.
8    C. Rules or amendments to the rules shall be adopted at a
9regular or special meeting of the Commission.
10    D. Prior to promulgation and adoption of a final rule or
11rules by the Commission, and at least thirty (30) days in
12advance of the meeting at which the rule will be considered and
13voted upon, the Commission shall file a Notice of Proposed
14Rulemaking:
15        1. On the website of the Commission or other publicly
16    accessible platform; and
17        2. On the website of each member state physical
18    therapy licensing board or other publicly accessible
19    platform or the publication in which each state would
20    otherwise publish proposed rules.
21    E. The Notice of Proposed Rulemaking shall include:
22        1. The proposed time, date, and location of the
23    meeting in which the rule will be considered and voted
24    upon;
25        2. The text of the proposed rule or amendment and the
26    reason for the proposed rule;

 

 

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1        3. A request for comments on the proposed rule from
2    any interested person; and
3        4. The manner in which interested persons may submit
4    notice to the Commission of their intention to attend the
5    public hearing and any written comments.
6    F. Prior to adoption of a proposed rule, the Commission
7shall allow persons to submit written data, facts, opinions,
8and arguments, which shall be made available to the public.
9    G. The Commission shall grant an opportunity for a public
10hearing before it adopts a rule or amendment if a hearing is
11requested by:
12        1. At least twenty-five (25) persons;
13        2. A state or federal governmental subdivision or
14    agency; or
15        3. An association having at least twenty-five (25)
16    members.
17    H. If a hearing is held on the proposed rule or amendment,
18the Commission shall publish the place, time, and date of the
19scheduled public hearing. If the hearing is held via
20electronic means, the Commission shall publish the mechanism
21for access to the electronic hearing.
22        1. All persons wishing to be heard at the hearing
23    shall notify the executive director of the Commission or
24    other designated member in writing of their desire to
25    appear and testify at the hearing not less than five (5)
26    business days before the scheduled date of the hearing.

 

 

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1        2. Hearings shall be conducted in a manner providing
2    each person who wishes to comment a fair and reasonable
3    opportunity to comment orally or in writing.
4        3. All hearings will be recorded. A copy of the
5    recording will be made available on request.
6        4. Nothing in this section shall be construed as
7    requiring a separate hearing on each rule. Rules may be
8    grouped for the convenience of the Commission at hearings
9    required by this Section.
10    I. Following the scheduled hearing date, or by the close
11of business on the scheduled hearing date if the hearing was
12not held, the Commission shall consider all written and oral
13comments received.
14    J. If no written notice of intent to attend the public
15hearing by interested parties is received, the Commission may
16proceed with promulgation of the proposed rule without a
17public hearing.
18    K. The Commission shall, by majority vote of all members,
19take final action on the proposed rule and shall determine the
20effective date of the rule, if any, based on the rulemaking
21record and the full text of the rule.
22    L. Upon determination that an emergency exists, the
23Commission may consider and adopt an emergency rule without
24prior notice, opportunity for comment, or hearing, provided
25that the usual rulemaking procedures provided in the Compact
26and in this section shall be retroactively applied to the rule

 

 

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1as soon as reasonably possible, in no event later than ninety
2(90) days after the effective date of the rule. For the
3purposes of this provision, an emergency rule is one that must
4be adopted immediately in order to:
5        1. Meet an imminent threat to public health, safety,
6    or welfare;
7        2. Prevent a loss of Commission or member state funds;
8        3. Meet a deadline for the promulgation of an
9    administrative rule that is established by federal law or
10    rule; or
11        4. Protect public health and safety.
12    M. The Commission or an authorized committee of the
13Commission may direct revisions to a previously adopted rule
14or amendment for purposes of correcting typographical errors,
15errors in format, errors in consistency, or grammatical
16errors. Public notice of any revisions shall be posted on the
17website of the Commission. The revision shall be subject to
18challenge by any person for a period of thirty (30) days after
19posting. The revision may be challenged only on grounds that
20the revision results in a material change to a rule. A
21challenge shall be made in writing, and delivered to the chair
22of the Commission prior to the end of the notice period. If no
23challenge is made, the revision will take effect without
24further action. If the revision is challenged, the revision
25may not take effect without the approval of the Commission.
 

 

 

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1    SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
2    A. Oversight
3        1. The executive, legislative, and judicial branches
4    of state government in each member state shall enforce
5    this Compact and take all actions necessary and
6    appropriate to effectuate the Compact's purposes and
7    intent. The provisions of this Compact and the rules
8    promulgated hereunder shall have standing as statutory
9    law.
10        2. All courts shall take judicial notice of the
11    Compact and the rules in any judicial or administrative
12    proceeding in a member state pertaining to the subject
13    matter of this Compact which may affect the powers,
14    responsibilities or actions of the Commission.
15        3. The Commission shall be entitled to receive service
16    of process in any such proceeding, and shall have standing
17    to intervene in such a proceeding for all purposes.
18    Failure to provide service of process to the Commission
19    shall render a judgment or order void as to the
20    Commission, this Compact, or promulgated rules.
21    B. Default, Technical Assistance, and Termination
22        1. If the Commission determines that a member state
23    has defaulted in the performance of its obligations or
24    responsibilities under this Compact or the promulgated
25    rules, the Commission shall:
26            a. Provide written notice to the defaulting state

 

 

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1        and other member states of the nature of the default,
2        the proposed means of curing the default and/or any
3        other action to be taken by the Commission; and
4            b. Provide remedial training and specific
5        technical assistance regarding the default.
6        2. If a state in default fails to cure the default, the
7    defaulting state may be terminated from the Compact upon
8    an affirmative vote of a majority of the member states,
9    and all rights, privileges and benefits conferred by this
10    Compact may be terminated on the effective date of
11    termination. A cure of the default does not relieve the
12    offending state of obligations or liabilities incurred
13    during the period of default.
14        3. Termination of membership in the Compact shall be
15    imposed only after all other means of securing compliance
16    have been exhausted. Notice of intent to suspend or
17    terminate shall be given by the Commission to the
18    governor, the majority and minority leaders of the
19    defaulting state's legislature, and each of the member
20    states.
21        4. A state that has been terminated is responsible for
22    all assessments, obligations, and liabilities incurred
23    through the effective date of termination, including
24    obligations that extend beyond the effective date of
25    termination.
26        5. The Commission shall not bear any costs related to

 

 

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1    a state that is found to be in default or that has been
2    terminated from the Compact, unless agreed upon in writing
3    between the Commission and the defaulting state.
4        6. The defaulting state may appeal the action of the
5    Commission by petitioning the U.S. District Court for the
6    District of Columbia or the federal district where the
7    Commission has its principal offices. The prevailing
8    member shall be awarded all costs of such litigation,
9    including reasonable attorney's fees.
10    C. Dispute Resolution
11        1. Upon request by a member state, the Commission
12    shall attempt to resolve disputes related to the Compact
13    that arise among member states and between member and
14    non-member states.
15        2. The Commission shall promulgate a rule providing
16    for both mediation and binding dispute resolution for
17    disputes as appropriate.
18    D. Enforcement
19        1. The Commission, in the reasonable exercise of its
20    discretion, shall enforce the provisions and rules of this
21    Compact.
22        2. By majority vote, the Commission may initiate legal
23    action in the United States District Court for the
24    District of Columbia or the federal district where the
25    Commission has its principal offices against a member
26    state in default to enforce compliance with the provisions

 

 

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1    of the Compact and its promulgated rules and bylaws. The
2    relief sought may include both injunctive relief and
3    damages. In the event judicial enforcement is necessary,
4    the prevailing member shall be awarded all costs of such
5    litigation, including reasonable attorney's fees.
6        3. The remedies herein shall not be the exclusive
7    remedies of the Commission. The Commission may pursue any
8    other remedies available under federal or state law.
 
9    SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE
10COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,
11WITHDRAWAL, AND AMENDMENT
12    A. The Compact shall come into effect on the date on which
13the Compact statute is enacted into law in the tenth member
14state. The provisions, which become effective at that time,
15shall be limited to the powers granted to the Commission
16relating to assembly and the promulgation of rules.
17Thereafter, the Commission shall meet and exercise rulemaking
18powers necessary to the implementation and administration of
19the Compact.
20    B. Any state that joins the Compact subsequent to the
21Commission's initial adoption of the rules shall be subject to
22the rules as they exist on the date on which the Compact
23becomes law in that state. Any rule that has been previously
24adopted by the Commission shall have the full force and effect
25of law on the day the Compact becomes law in that state.

 

 

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1    C. Any member state may withdraw from this Compact by
2enacting a statute repealing the same.
3        1. A member state's withdrawal shall not take effect
4    until six (6) months after enactment of the repealing
5    statute.
6        2. Withdrawal shall not affect the continuing
7    requirement of the withdrawing state's physical therapy
8    licensing board to comply with the investigative and
9    adverse action reporting requirements of this act prior to
10    the effective date of withdrawal.
11    D. Nothing contained in this Compact shall be construed to
12invalidate or prevent any physical therapy licensure agreement
13or other cooperative arrangement between a member state and a
14non-member state that does not conflict with the provisions of
15this Compact.
16    E. This Compact may be amended by the member states. No
17amendment to this Compact shall become effective and binding
18upon any member state until it is enacted into the laws of all
19member states.
 
20    SECTION 12. CONSTRUCTION AND SEVERABILITY
21    This Compact shall be liberally construed so as to
22effectuate the purposes thereof. The provisions of this
23Compact shall be severable and if any phrase, clause, sentence
24or provision of this Compact is declared to be contrary to the
25constitution of any party state or of the United States or the

 

 

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1applicability thereof to any government, agency, person or
2circumstance is held invalid, the validity of the remainder of
3this Compact and the applicability thereof to any government,
4agency, person or circumstance shall not be affected thereby.
5If this Compact shall be held contrary to the constitution of
6any party state, the Compact shall remain in full force and
7effect as to the remaining party states and in full force and
8effect as to the party state affected as to all severable
9matters.".