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


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

Spectrum: Partisan Bill (Republican 2-0)

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

Download: Texas-2017-HB2765-Enrolled.html
 
 
  H.B. No. 2765
 
 
 
 
AN ACT
  relating to the Physical Therapy Licensure Compact; authorizing
  fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 453, Occupations Code, is amended by
  adding Subchapter K to read as follows:
  SUBCHAPTER K.  PHYSICAL THERAPY LICENSURE COMPACT
         Sec. 453.501.  PHYSICAL THERAPY LICENSURE COMPACT. The
  Physical Therapy Licensure Compact is enacted and entered into with
  all other jurisdictions that legally join in the compact, which
  reads as follows:
         SECTION 1.  PURPOSE
  The purpose of this Compact is to facilitate interstate practice of
  physical therapy with the goal of improving public access to
  physical therapy services. The practice of physical therapy occurs
  in the state where the patient/client is located at the time of the
  patient/client encounter. The Compact preserves the regulatory
  authority of states to protect public health and safety through the
  current system of state licensure.
         This Compact is designed to achieve the following objectives:
         1.  Increase public access to physical therapy services by
  providing for the mutual recognition of other member
  state licenses;
         2.  Enhance the states' ability to protect the public's
  health and safety;
         3.  Encourage the cooperation of member states in regulating
  multi-state physical therapy practice;
         4.  Support spouses of relocating military members;
         5.  Enhance the exchange of licensure, investigative, and
  disciplinary information between member states; and
         6.  Allow a remote state to hold a provider of services with a
  compact privilege in that state accountable to that
  state's practice standards.
         SECTION 2.  DEFINITIONS
  As used in this Compact, and except as otherwise provided, the
  following definitions shall apply:
               1.  "Active Duty Military" means full-time duty status
  in the active uniformed service of the United
  States, including members of the National Guard and
  Reserve on active duty orders pursuant to 10 U.S.C.
  Section 1209 and 1211.
               2.  "Adverse Action" means disciplinary action taken by
  a physical therapy licensing board based upon
  misconduct, unacceptable performance, or a
  combination of both.
               3.  "Alternative Program" means a non-disciplinary
  monitoring or practice remediation process
  approved by a physical therapy licensing board.
  This includes, but is not limited to, substance
  abuse issues.
               4.  "Compact privilege" means the authorization
  granted by a remote state to allow a licensee from
  another member state to practice as a physical
  therapist or work as a physical therapist assistant
  in the remote state under its laws and rules. The
  practice of physical therapy occurs in the member
  state where the patient/client is located at the
  time of the patient/client encounter.
               5.  "Continuing competence" means a requirement, as a
  condition of license renewal, to provide evidence
  of participation in, and/or completion of,
  educational and professional activities relevant
  to practice or area of work.
               6.  "Data system" means a repository of information
  about licensees, including examination, licensure,
  investigative, compact privilege, and adverse
  action.
               7.  "Encumbered license" means a license that a
  physical therapy licensing board has limited in any
  way.
               8.  "Executive Board" means a group of directors
  elected or appointed to act on behalf of, and
  within the powers granted to them by, the
  Commission.
               9.  "Home state" means the member state that is the
  licensee's primary state of residence.
               10. "Investigative information" means information,
  records, and documents received or generated by a
  physical therapy licensing board pursuant to an
  investigation.
               11. "Jurisprudence Requirement" means the assessment
  of an individual's knowledge of the laws and rules
  governing the practice of physical therapy in a
  state.
               12. "Licensee" means an individual who currently holds
  an authorization from the state to practice as a
  physical therapist or to work as a physical
  therapist assistant.
               13. "Member state" means a state that has enacted the
  Compact.
               14. "Party state" means any member state in which a
  licensee holds a current license or compact
  privilege or is applying for a license or compact
  privilege.
               15. "Physical therapist" means an individual who is
  licensed by a state to practice physical therapy.
               16. "Physical therapist assistant" means an individual
  who is licensed/certified by a state and who
  assists the physical therapist in selected
  components of physical therapy.
               17. "Physical therapy," "physical therapy practice,"
  and "the practice of physical therapy" mean the
  care and services provided by or under the
  direction and supervision of a licensed physical
  therapist.
               18. "Physical Therapy Compact Commission" or
  "Commission" means the national administrative
  body whose membership consists of all states that
  have enacted the Compact.
               19. "Physical therapy licensing board" or "licensing
  board" means the agency of a state that is
  responsible for the licensing and regulation of
  physical therapists and physical therapist
  assistants.
               20. "Remote State" means a member state other than the
  home state, where a licensee is exercising or
  seeking to exercise the compact privilege.
               21. "Rule" means a regulation, principle, or directive
  promulgated by the Commission that has the force of
  law.
               22. "State" means any state, commonwealth, district, or
  territory of the United States of America that
  regulates the practice of physical therapy.
         SECTION 3.  STATE PARTICIPATION IN THE COMPACT
         A.  To participate in the Compact, a state must:
               1.  Participate fully in the Commission's data system,
  including using the Commission's unique identifier
  as defined in rules;
               2.  Have a mechanism in place for receiving and
  investigating complaints about licensees;
               3.  Notify the Commission, in compliance with the terms
  of the Compact and rules, of any adverse action or
  the availability of investigative information
  regarding a licensee;
               4.  Fully implement a criminal background check
  requirement, within a time frame established by
  rule, by receiving the results of the Federal
  Bureau of Investigation record search on criminal
  background checks and use the results in making
  licensure decisions in accordance with Section
  3.B.;
               5.  Comply with the rules of the Commission;
               6.  Utilize a recognized national examination as a
  requirement for licensure pursuant to the rules of
  the Commission; and
               7.  Have continuing competence requirements as a
  condition for license renewal.
         B.  Upon adoption of this statute, the member state shall
  have the authority to obtain biometric-based information from each
  physical therapy licensure applicant and submit this information to
  the Federal Bureau of Investigation for a criminal background check
  in accordance with 28 U.S.C. Section 534 and 42 U.S.C. Section
  14616.
         C.  A member state shall grant the compact privilege to a
  licensee holding a valid unencumbered license in another member
  state in accordance with the terms of the Compact and rules.
         D.   Member states may charge a fee for granting a compact
  privilege.
         SECTION 4.  COMPACT PRIVILEGE
         A.  To exercise the compact privilege under the terms and
  provisions of the Compact, the licensee shall:
               1.  Hold a license in the home state;
               2.  Have no encumbrance on any state license;
               3.  Be eligible for a compact privilege in any member
  state in accordance with Section 4D, G and H;
               4.  Have not had any adverse action against any license
  or compact privilege within the previous 2 years;
               5.  Notify the Commission that the licensee is seeking
  the compact privilege within a remote state(s);
               6.  Pay any applicable fees, including any state fee,
  for the compact privilege;
               7.  Meet any jurisprudence requirements established by
  the remote state(s) in which the licensee is
  seeking a compact privilege; and
               8.  Report to the Commission adverse action taken by
  any non-member state within 30 days from the date
  the adverse action is taken.
         B.  The compact privilege is valid until the expiration date
  of the home license. The licensee must comply with the requirements
  of Section 4.A. to maintain the compact privilege in the remote
  state.
         C.  A licensee providing physical therapy in a remote state
  under the compact privilege shall function within the laws and
  regulations of the remote state.
         D.  A licensee providing physical therapy in a remote state
  is subject to that state's regulatory authority. A remote state
  may, in accordance with due process and that state's laws, remove a
  licensee's compact privilege in the remote state for a specific
  period of time, impose fines, and/or take any other necessary
  actions to protect the health and safety of its citizens. The
  licensee is not eligible for a compact privilege in any state until
  the specific time for removal has passed and all fines are paid.
         E.  If a home state license is encumbered, the licensee shall
  lose the compact privilege in any remote state until the following
  occur:
               1.  The home state license is no longer encumbered; and
               2.  Two years have elapsed from the date of the adverse
  action.
         F.  Once an encumbered license in the home state is restored
  to good standing, the licensee must meet the requirements of
  Section 4.A. to obtain a compact privilege in any remote state.
         G.  If a licensee's compact privilege in any remote state is
  removed, the individual shall lose the compact privilege in any
  remote state until the following occur:
               1.  The specific period of time for which the compact
  privilege was removed has ended;
               2.  All fines have been paid; and
               3.  Two years have elapsed from the date of the adverse
  action.
         H.  Once the requirements of Section 4G have been met, the
  license must meet the requirements in Section 4A to obtain a compact
  privilege in a remote state.
         SECTION 5.  ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
         A licensee who is active duty military or is the spouse of an
  individual who is active duty military may designate one of the
  following as the home state:
         A.  Home of record;
         B.  Permanent Change of Station (PCS); or
         C.  State of current residence if it is different than the
  PCS state or home of record.
         SECTION 6.  ADVERSE ACTIONS
         A.  A home state shall have exclusive power to impose adverse
  action against a license issued by the home state.
         B.  A home state may take adverse action based on the
  investigative information of a remote state, so long as the home
  state follows its own procedures for imposing adverse action.
         C.  Nothing in this Compact shall override a member state's
  decision that participation in an alternative program may be used
  in lieu of adverse action and that such participation shall remain
  non-public if required by the member state's laws. Member states
  must require licensees who enter any alternative programs in lieu
  of discipline to agree not to practice in any other member state
  during the term of the alternative program without prior
  authorization from such other member state.
         D.  Any member state may investigate actual or alleged
  violations of the statutes and rules authorizing the practice of
  physical therapy in any other member state in which a physical
  therapist or physical therapist assistant holds a license or
  compact privilege.
         E.  A remote state shall have the authority to:
               1.  Take adverse actions as set forth in Section 4.D.
  against a licensee's compact privilege in the
  state;
               2.  Issue subpoenas for both hearings and
  investigations that require the attendance and
  testimony of witnesses, and the production of
  evidence. Subpoenas issued by a physical therapy
  licensing board in a party state for the attendance
  and testimony of witnesses, and/or the production
  of evidence from another party state, shall be
  enforced in the latter state by any court of
  competent jurisdiction, according to the practice
  and procedure of that court applicable to subpoenas
  issued in proceedings pending before it. The
  issuing authority shall pay any witness fees,
  travel expenses, mileage, and other fees required
  by the service statutes of the state where the
  witnesses and/or evidence are located; and
               3.  If otherwise permitted by state law, recover from
  the licensee the costs of investigations and
  disposition of cases resulting from any adverse
  action taken against that licensee.
         F.  Joint Investigations
               1.  In addition to the authority granted to a member
  state by its respective physical therapy practice
  act or other applicable state law, a member state
  may participate with other member states in joint
  investigations of licensees.
               2.  Member states shall share any investigative,
  litigation, or compliance materials in furtherance
  of any joint or individual investigation initiated
  under the Compact.
         SECTION 7.  ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
  COMMISSION
         A.  The Compact member states hereby create and establish a
  joint public agency known as the Physical Therapy Compact
  Commission:
               1.  The Commission is an instrumentality of the Compact
  states.
               2.  Venue is proper and judicial proceedings by or
  against the Commission shall be brought solely and
  exclusively in a court of competent jurisdiction
  where the principal office of the Commission is
  located. The Commission may waive venue and
  jurisdictional defenses to the extent it adopts or
  consents to participate in alternative dispute
  resolution proceedings.
               3.  Nothing in this Compact shall be construed to be a
  waiver of sovereign immunity.
         B.  Membership, Voting, and Meetings
               1.  Each member state shall have and be limited to one
  (1) delegate selected by that member state's
  licensing board.
               2.  The delegate shall be a current member of the
  licensing board, who is a physical therapist,
  physical therapist assistant, public member, or
  the board administrator.
               3.  Any delegate may be removed or suspended from
  office as provided by the law of the state from
  which the delegate is appointed.
               4.  The member state board shall fill any vacancy
  occurring in the Commission.
               5.  Each delegate shall be entitled to one (1) vote with
  regard to the promulgation of rules and creation of
  bylaws and shall otherwise have an opportunity to
  participate in the business and affairs of the
  Commission.
               6.  A delegate shall vote in person or by such other
  means as provided in the bylaws. The bylaws may
  provide for delegates' participation in meetings by
  telephone or other means of communication.
               7.  The Commission shall meet at least once during each
  calendar year. Additional meetings shall be held as
  set forth in the bylaws.
         C.  The Commission shall have the following powers and
  duties:
               1.  Establish the fiscal year of the Commission;
               2.  Establish bylaws;
               3.  Maintain its financial records in accordance with
  the bylaws;
               4.  Meet and take such actions as are consistent with
  the provisions of this Compact and the bylaws;
               5.  Promulgate uniform rules to facilitate and
  coordinate implementation and administration of
  this Compact. The rules shall have the force and
  effect of law and shall be binding in all member
  states;
               6.  Bring and prosecute legal proceedings or actions in
  the name of the Commission, provided that the
  standing of any state physical therapy licensing
  board to sue or be sued under applicable law shall
  not be affected;
               7.  Purchase and maintain insurance and bonds;
               8.  Borrow, accept, or contract for services of
  personnel, including, but not limited to,
  employees of a member state;
               9.  Hire employees, elect or appoint officers, fix
  compensation, define duties, grant such
  individuals appropriate authority to carry out the
  purposes of the Compact, and to establish the
  Commission's personnel policies and programs
  relating to conflicts of interest, qualifications
  of personnel, and other related personnel matters;
               10. Accept any and all appropriate donations and grants
  of money, equipment, supplies, materials and
  services, and to receive, utilize and dispose of
  the same; provided that at all times the Commission
  shall avoid any appearance of impropriety and/or
  conflict of interest;
               11. Lease, purchase, accept appropriate gifts or
  donations of, or otherwise to own, hold, improve or
  use, any property, real, personal or mixed;
  provided that at all times the Commission shall
  avoid any appearance of impropriety;
               12. Sell convey, mortgage, pledge, lease, exchange,
  abandon, or otherwise dispose of any property real,
  personal, or mixed;
               13. Establish a budget and make expenditures;
               14. Borrow money;
               15. Appoint committees, including standing committees
  composed of members, state regulators, state
  legislators or their representatives, and consumer
  representatives, and such other interested persons
  as may be designated in this Compact and the
  bylaws;
               16. Provide and receive information from, and cooperate
  with, law enforcement agencies;
               17. Establish and elect an Executive Board; and
               18. Perform such other functions as may be necessary or
  appropriate to achieve the purposes of this Compact
  consistent with the state regulation of physical
  therapy licensure and practice.
         D.  The Executive Board
         The Executive Board shall have the power to act on behalf of
  the Commission according to the terms of this Compact.
               1.  The Executive Board shall be composed of nine
  members:
                     a.  Seven voting members who are elected by the
  Commission from the current membership of the
  Commission;
                     b.  One ex-officio, nonvoting member from the
  recognized national physical therapy
  professional association; and
                     c.  One ex-officio, nonvoting member from the
  recognized membership organization of the
  physical therapy licensing boards.
               2.  The ex-officio members will be selected by their
  respective organizations.
               3.  The Commission may remove any member of the
  Executive Board as provided in bylaws.
               4.  The Executive Board shall meet at least annually.
               5.  The Executive Board shall have the following Duties
  and responsibilities:
                     a.  Recommend to the entire Commission changes to
  the rules or bylaws, changes to this Compact
  legislation, fees paid by Compact member
  states such as annual dues, and any
  commission Compact fee charged to licensees
  for the compact privilege;
                     b.  Ensure Compact administration services are
  appropriately provided, contractual or
  otherwise;
                     c.  Prepare and recommend the budget;
                     d.  Maintain financial records on behalf of the
  Commission;
                     e.  Monitor Compact compliance of member states
  and provide compliance reports to the
  Commission;
                     f.  Establish additional committees as necessary;
  and
                     g.  Other duties as provided in rules or bylaws.
         E.  Meetings of the Commission
               1.  All meetings shall be open to the public, and public
  notice of meetings shall be given in the same
  manner as required under the rulemaking provisions
  in Section 9.
               2.  The Commission or the Executive Board or other
  committees of the Commission may convene in a
  closed, non-public meeting if the Commission or
  Executive Board or other committees of the
  Commission must discuss:
                     a.  Non-compliance of a member state with its
  obligations under the Compact;
                     b.  The employment, compensation, discipline or
  other matters, practices or procedures
  related to specific employees or other
  matters related to the Commission's internal
  personnel practices and procedures;
                     c.  Current, threatened, or reasonably
  anticipated litigation;
                     d.  Negotiation of contracts for the purchase,
  lease, or sale of goods, services, or real
  estate;
                     e.  Accusing any person of a crime or formally
  censuring any person;
                     f.  Disclosure of trade secrets or commercial or
  financial information that is privileged or
  confidential;
                     g.  Disclosure of information of a personal nature
  where disclosure would constitute a clearly
  unwarranted invasion of personal privacy;
                     h.  Disclosure of investigative records compiled
  for law enforcement purposes;
                     i.  Disclosure of information related to any
  investigative reports prepared by or on
  behalf of or for use of the Commission or
  other committee charged with responsibility
  of investigation or determination of
  compliance issues pursuant to the Compact; or
                     j.  Matters specifically exempted from disclosure
  by federal or member state statute.
               3.  If a meeting, or portion of a meeting, is closed
  pursuant to this provision, the Commission's legal
  counsel or designee shall certify that the meeting
  may be closed and shall reference each relevant
  exempting provision.
               4.  The Commission shall keep minutes that fully and
  clearly describe all matters discussed in a meeting
  and shall provide a full and accurate summary of
  actions taken, and the reasons therefore,
  including a description of the views expressed. All
  documents considered in connection with an action
  shall be identified in such minutes. All minutes
  and documents of a closed meeting shall remain
  under seal, subject to release by a majority vote
  of the Commission or order of a court of competent
  jurisdiction.
         F.  Financing of the Commission
               1.  The Commission shall pay, or provide for the
  payment of, the reasonable expenses of its
  establishment, organization, and ongoing
  activities.
               2.  The Commission may accept any and all appropriate
  revenue sources, donations, and grants of money,
  equipment, supplies, materials, and services.
               3.  The Commission may levy on and collect an annual
  assessment from each member state or impose fees on
  other parties to cover the cost of the operations
  and activities of the Commission and its staff,
  which must be in a total amount sufficient to cover
  its annual budget as approved each year for which
  revenue is not provided by other sources. The
  aggregate annual assessment amount shall be
  allocated based upon a formula to be determined by
  the Commission, which shall promulgate a rule
  binding upon all member states.
               4.  The Commission shall not incur obligations of any
  kind prior to securing the funds adequate to meet
  the same; nor shall the Commission pledge the
  credit of any of the member states, except by and
  with the authority of the member state.
               5.  The Commission shall keep accurate accounts of all
  receipts and disbursements. The receipts and
  disbursements of the Commission shall be subject to
  the audit and accounting procedures established
  under its bylaws. However, all receipts and
  disbursements of funds handled by the Commission
  shall be audited yearly by a certified or licensed
  public accountant, and the report of the audit
  shall be included in and become part of the annual
  report of the Commission.
         G.  Qualified Immunity, Defense, and Indemnification
               1.  The members, officers, executive director,
  employees and representatives of the Commission
  shall be immune from suit and liability, either
  personally or in their official capacity, for any
  claim for damage to or loss of property or personal
  injury or other civil liability caused by or
  arising out of any actual or alleged act, error or
  omission that occurred, or that the person against
  whom the claim is made had a reasonable basis for
  believing occurred within the scope of Commission
  employment, duties or responsibilities; provided
  that nothing in this paragraph shall be construed
  to protect any such person from suit and/or
  liability for any damage, loss, injury, or
  liability caused by the intentional or willful or
  wanton misconduct of that person.
               2.  The Commission shall defend any member, officer,
  executive director, employee or representative of
  the Commission in any civil action seeking to
  impose liability arising out of any actual or
  alleged act, error, or omission that occurred
  within the scope of Commission employment, duties,
  or responsibilities, or that the person against
  whom the claim is made had a reasonable basis for
  believing occurred within the scope of Commission
  employment, duties, or responsibilities; provided
  that nothing herein shall be construed to prohibit
  that person from retaining his or her own counsel;
  and provided further, that the actual or alleged
  act, error, or omission did not result from that
  person's intentional or willful or wanton
  misconduct.
               3.  The Commission shall indemnify and hold harmless
  any member, officer, executive director, employee,
  or representative of the Commission for the amount
  of any settlement or judgment obtained against that
  person arising out of any actual or alleged act,
  error or omission that occurred within the scope of
  Commission employment, duties, or
  responsibilities, or that such person had a
  reasonable basis for believing occurred within the
  scope of Commission employment, duties, or
  responsibilities, provided that the actual or
  alleged act, error, or omission did not result from
  the intentional or willful or wanton misconduct of
  that person.
         SECTION 8.  DATA SYSTEM
         A.  The Commission shall provide for the development,
  maintenance, and utilization of a coordinated database and
  reporting system containing licensure, adverse action, and
  investigative information on all licensed individuals in member
  states.
         B.  Notwithstanding any other provision of state law to the
  contrary, a member state shall submit a uniform data set to the data
  system on all individuals to whom this Compact is applicable as
  required by the rules of the Commission, including:
               1.  Identifying information;
               2.  Licensure data;
               3.  Adverse actions against a license or compact
  privilege;
               4.  Non-confidential information related to
  alternative program participation;
               5.  Any denial of application for licensure, and the
  reason(s) for such denial; and
               6.  Other information that may facilitate the
  administration of this Compact, as determined by
  the rules of the Commission.
         C.  Investigative information pertaining to a licensee in
  any member state will only be available to other party states.
         D.  The Commission shall promptly notify all member states of
  any adverse action taken against a licensee or an individual
  applying for a license. Adverse action information pertaining to a
  licensee in any member state will be available to any other member
  state.
         E.  Member states contributing information to the data
  system may designate information that may not be shared with the
  public without the express permission of the contributing state.
         F.  Any information submitted to the data system that is
  subsequently required to be expunged by the laws of the member state
  contributing the information shall be removed from the data system.
         SECTION 9.  RULEMAKING
         A.  The Commission shall exercise its rulemaking powers
  pursuant to the criteria set forth in this Section and the rules
  adopted thereunder. Rules and amendments shall become binding as of
  the date specified in each rule or amendment.
         B.  If a majority of the legislatures of the member states
  rejects a rule, by enactment of a statute or resolution in the same
  manner used to adopt the Compact within 4 years of the date of
  adoption of the rule, then such rule shall have no further force and
  effect in any member state.
         C.  Rules or amendments to the rules shall be adopted at a
  regular or special meeting of the Commission.
         D.  Prior to promulgation and adoption of a final rule or
  rules by the Commission, and at least thirty (30) days in advance of
  the meeting at which the rule will be considered and voted upon, the
  Commission shall file a Notice of Proposed Rulemaking:
               1.  On the website of the Commission or other publicly
  accessible platform; and
               2.  On the website of each member state physical
  therapy licensing board or other publicly
  accessible platform or the publication in which
  each state would otherwise publish proposed rules.
         E.  The Notice of Proposed Rulemaking shall include:
               1.  The proposed time, date, and location of the
  meeting in which the rule will be considered and
  voted upon;
               2.  The text of the proposed rule or amendment and the
  reason for the proposed rule;
               3.  A request for comments on the proposed rule from any
  interested person; and
               4.  The manner in which interested persons may submit
  notice to the Commission of their intention to
  attend the public hearing and any written comments.
         F.  Prior to adoption of a proposed rule, the Commission
  shall allow persons to submit written data, facts, opinions, and
  arguments, which shall be made available to the public.
         G.  The Commission shall grant an opportunity for a public
  hearing before it adopts a rule or amendment if a hearing is
  requested by:
               1.  At least twenty-five (25) persons;
               2.  A state or federal governmental subdivision or
  agency; or
               3.  An association having at least twenty-five (25)
  members.
         H.  If a hearing is held on the proposed rule or amendment,
  the Commission shall publish the place, time, and date of the
  scheduled public hearing. If the hearing is held via electronic
  means, the Commission shall publish the mechanism for access to the
  electronic hearing.
               1.  All persons wishing to be heard at the hearing shall
  notify the executive director of the Commission or
  other designated member in writing of their desire
  to appear and testify at the hearing not less than
  five (5) business days before the scheduled date of
  the hearing.
               2.  Hearings shall be conducted in a manner providing
  each person who wishes to comment a fair and
  reasonable opportunity to comment orally or in
  writing.
               3.  All hearings will be recorded. A copy of the
  recording will be made available on request.
               4.  Nothing in this section shall be construed as
  requiring a separate hearing on each rule. Rules
  may be grouped for the convenience of the
  Commission at hearings required by this section.
         I.  Following the scheduled hearing date, or by the close of
  business on the scheduled hearing date if the hearing was not held,
  the Commission shall consider all written and oral comments
  received.
         J.  If no written notice of intent to attend the public
  hearing by interested parties is received, the Commission may
  proceed with promulgation of the proposed rule without a public
  hearing.
         K.  The Commission shall, by majority vote of all members,
  take final action on the proposed rule and shall determine the
  effective date of the rule, if any, based on the rulemaking record
  and the full text of the rule.
         L.  Upon determination that an emergency exists, the
  Commission may consider and adopt an emergency rule without prior
  notice, opportunity for comment, or hearing, provided that the
  usual rulemaking procedures provided in the Compact and in this
  section shall be retroactively applied to the rule as soon as
  reasonably possible, in no event later than ninety (90) days after
  the effective date of the rule. For the purposes of this provision,
  an emergency rule is one that must be adopted immediately in order
  to:
               1.  Meet an imminent threat to public health, safety,
  or welfare;
               2.  Prevent a loss of Commission or member state funds;
               3.  Meet a deadline for the promulgation of an
  administrative rule that is established by federal
  law or rule; or
               4.  Protect public health and safety.
         M.  The Commission or an authorized committee of the
  Commission may direct revisions to a previously adopted rule or
  amendment for purposes of correcting typographical errors, errors
  in format, errors in consistency, or grammatical errors. Public
  notice of any revisions shall be posted on the website of the
  Commission. The revision shall be subject to challenge by any
  person for a period of thirty (30) days after posting. The revision
  may be challenged only on grounds that the revision results in a
  material change to a rule. A challenge shall be made in writing, and
  delivered to the chair of the Commission prior to the end of the
  notice period. If no challenge is made, the revision will take
  effect without further action. If the revision is challenged, the
  revision may not take effect without the approval of the
  Commission.
         SECTION 10.  OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
         A.  Oversight
               1.  The executive, legislative, and judicial branches
  of state government in each member state shall
  enforce this Compact and take all actions necessary
  and appropriate to effectuate the Compact's
  purposes and intent. The provisions of this Compact
  and the rules promulgated hereunder shall have
  standing as statutory law.
               2.  All courts shall take judicial notice of the
  Compact and the rules in any judicial or
  administrative proceeding in a member state
  pertaining to the subject matter of this Compact
  which may affect the powers, responsibilities or
  actions of the Commission.
               3.  The Commission shall be entitled to receive service
  of process in any such proceeding, and shall have
  standing to intervene in such a proceeding for all
  purposes. Failure to provide service of process to
  the Commission shall render a judgment or order
  void as to the Commission, this Compact, or
  promulgated rules.
         B.  Default, Technical Assistance, and Termination
               1.  If the Commission determines that a member state
  has defaulted in the performance of its obligations
  or responsibilities under this Compact or the
  promulgated rules, the Commission shall:
                     a.  Provide written notice to the defaulting state
  and other member states of the nature of the
  default, the proposed means of curing the
  default and/or any other action to be taken by
  the Commission; and
                     b.  Provide remedial training and specific
  technical assistance regarding the default.
               2.  If a state in default fails to cure the default, the
  defaulting state may be terminated from the Compact
  upon an affirmative vote of a majority of the
  member states, and all rights, privileges and
  benefits conferred by this Compact may be
  terminated on the effective date of termination. A
  cure of the default does not relieve the offending
  state of obligations or liabilities incurred
  during the period of default.
               3.  Termination of membership in the Compact shall be
  imposed only after all other means of securing
  compliance have been exhausted. Notice of intent to
  suspend or terminate shall be given by the
  Commission to the governor, the majority and
  minority leaders of the defaulting state's
  legislature, and each of the member states.
               4.  A state that has been terminated is responsible for
  all assessments, obligations, and liabilities
  incurred through the effective date of
  termination, including obligations that extend
  beyond the effective date of termination.
               5.  The Commission shall not bear any costs related to a
  state that is found to be in default or that has
  been terminated from the Compact, unless agreed
  upon in writing between the Commission and the
  defaulting state.
               6.  The defaulting state may appeal the action of the
  Commission by petitioning the U.S. District Court
  for the District of Columbia or the federal
  district where the Commission has its principal
  offices. The prevailing member shall be awarded all
  costs of such litigation, including reasonable
  attorney's fees.
         C.  Dispute Resolution
               1.  Upon request by a member state, the Commission
  shall attempt to resolve disputes related to the
  Compact that arise among member states and between
  member and non-member states.
               2.  The Commission shall promulgate a rule providing
  for both mediation and binding dispute resolution
  for disputes as appropriate.
         D.  Enforcement
               1.  The Commission, in the reasonable exercise of its
  discretion, shall enforce the provisions and rules
  of this Compact.
               2.  By majority vote, the Commission may initiate legal
  action in the United States District Court for the
  District of Columbia or the federal district where
  the Commission has its principal offices against a
  member state in default to enforce compliance with
  the provisions of the Compact and its promulgated
  rules and bylaws. The relief sought may include
  both injunctive relief and damages. In the event
  judicial enforcement is necessary, the prevailing
  member shall be awarded all costs of such
  litigation, including reasonable attorney's fees.
               3.  The remedies herein shall not be the exclusive
  remedies of the Commission. The Commission may
  pursue any other remedies available under federal or
  state law.
         SECTION 11.  DATE OF IMPLEMENTATION OF THE INTERSTATE
  COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,
  WITHDRAWAL, AND AMENDMENT
         A.  The Compact shall come into effect on the date on which
  the Compact statute is enacted into law in the tenth member state.
  The provisions, which become effective at that time, shall be
  limited to the powers granted to the Commission relating to
  assembly and the promulgation of rules. Thereafter, the Commission
  shall meet and exercise rulemaking powers necessary to the
  implementation and administration of the Compact.
         B.  Any state that joins the Compact subsequent to the
  Commission's initial adoption of the rules shall be subject to the
  rules as they exist on the date on which the Compact becomes law in
  that state. Any rule that has been previously adopted by the
  Commission shall have the full force and effect of law on the day
  the Compact becomes law in that state.
         C.  Any member state may withdraw from this Compact by
  enacting a statute repealing the same.
               1.  A member state's withdrawal shall not take effect
  until six (6) months after enactment of the
  repealing statute.
               2.  Withdrawal shall not affect the continuing
  requirement of the withdrawing state's physical
  therapy licensing board to comply with the
  investigative and adverse action reporting
  requirements of this act prior to the effective
  date of withdrawal.
         D.  Nothing contained in this Compact shall be construed to
  invalidate or prevent any physical therapy licensure agreement or
  other cooperative arrangement between a member state and a
  non-member state that does not conflict with the provisions of this
  Compact.
         E.  This Compact may be amended by the member states. No
  amendment to this Compact shall become effective and binding upon
  any member state until it is enacted into the laws of all member
  states.
         SECTION 12.  CONSTRUCTION AND SEVERABILITY
         This Compact shall be liberally construed so as to effectuate
  the purposes thereof. The provisions of this Compact shall be
  severable and if any phrase, clause, sentence or provision of this
  Compact is declared to be contrary to the constitution of any party
  state or of the United States or the applicability thereof to any
  government, agency, person or circumstance is held invalid, the
  validity of the remainder of this Compact and the applicability
  thereof to any government, agency, person or circumstance shall not
  be affected thereby. If this Compact shall be held contrary to the
  constitution of any party state, the Compact shall remain in full
  force and effect as to the remaining party states and in full force
  and effect as to the party state affected as to all severable
  matters.
         Sec. 453.502.  ADMINISTRATION OF COMPACT. The board is the
  Physical Therapy Licensure Compact administrator for this state.
         Sec. 453.503.  RULES.  The board may adopt rules necessary to
  implement this subchapter.
         SECTION 2.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2765 was passed by the House on May 4,
  2017, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2765 was passed by the Senate on May
  24, 2017, by the following vote:  Yeas 25, Nays 6.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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