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1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Physical Therapy Act is amended by
5		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
8		applicant for licensure under Sections 8, 8.1, and 11 shall
9		have his or her fingerprints submitted to the Illinois State
10		Police in an electronic format that complies with the form and
11		manner for requesting and furnishing criminal history record
12		information as prescribed by the Illinois State Police. These
13		fingerprints shall be checked against the Illinois State
14		Police and Federal Bureau of Investigation criminal history
15		record databases now and hereafter filed. The Illinois State
16		Police shall charge applicants a fee for conducting the
17		criminal history records check, which shall be deposited into
18		the State Police Services Fund and shall not exceed the actual
19		cost of the records check. The Illinois State Police shall
20		furnish, pursuant to positive identification, records of
21		Illinois convictions to the Department. The Department may
22		require applicants to pay a separate fingerprinting fee,
23		either to the Department or to a vendor designated or approved

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1		by the Department. The Department, in its discretion, may
2		allow an applicant or licensee who does not have reasonable
3		access to a designated vendor to provide his or her
4		fingerprints in an alternative manner. Communication between
5		the Department and an interstate compact governing body or
6		other entities may not include information received from the
7		Federal Bureau of Investigation relating to a State and
8		federal criminal history records check. The Department may
9		adopt any rules necessary to implement this Section.
10		(225 ILCS 90/33.5 new)
11		Sec. 33.5. Physical Therapy Licensure Compact. The State
12		of Illinois ratifies and approves the following Compact:
13		PHYSICAL THERAPY LICENSURE COMPACT
14		SECTION 1. PURPOSE
15		The purpose of this Compact is to facilitate interstate
16		practice of physical therapy with the goal of improving public
17		access to physical therapy services. The practice of physical
18		therapy occurs in the state where the patient/client is
19		located at the time of the patient/client encounter. The
20		Compact preserves the regulatory authority of states to
21		protect public health and safety through the current system of
22		state licensure.
23		This Compact is designed to achieve the following

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1		objectives:
2		1. Increase public access to physical therapy services
3		by providing for the mutual recognition of other member
4		state licenses;
5		2. Enhance the states' ability to protect the public's
6		health and safety;
7		3. Encourage the cooperation of member states in
8		regulating multi-state physical therapy practice;
9		4. Support spouses of relocating military members;
10		5. Enhance the exchange of licensure, investigative,
11		and disciplinary information between member states; and
12		6. Allow a remote state to hold a provider of services
13		with a compact privilege in that state accountable to that
14		state's practice standards.
15		SECTION 2. DEFINITIONS
16		As used in this Compact, and except as otherwise provided,
17		the following definitions shall apply:
18		1. "Active Duty Military" means full-time duty status in
19		the active uniformed service of the United States, including
20		members of the National Guard and Reserve on active duty
21		orders pursuant to 10 U.S.C. Section 1209 and 1211.
22		2. "Adverse Action" means disciplinary action taken by a
23		physical therapy licensing board based upon misconduct,
24		unacceptable performance, or a combination of both.
25		3. "Alternative Program" means a non-disciplinary

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1		monitoring or practice remediation process approved by a
2		physical therapy licensing board. This includes, but is not
3		limited to, substance abuse issues.
4		4. "Compact privilege" means the authorization granted by
5		a remote state to allow a licensee from another member state to
6		practice as a physical therapist or work as a physical
7		therapist assistant in the remote state under its laws and
8		rules. The practice of physical therapy occurs in the member
9		state where the patient/client is located at the time of the
10		patient/client encounter.
11		5. "Continuing competence" means a requirement, as a
12		condition of license renewal, to provide evidence of
13		participation in, and/or completion of, educational and
14		professional activities relevant to practice or area of work.
15		6. "Data system" means a repository of information about
16		licensees, including examination, licensure, investigative,
17		compact privilege, and adverse action.
18		7. "Encumbered license" means a license that a physical
19		therapy licensing board has limited in any way.
20		8. "Executive Board" means a group of directors elected or
21		appointed to act on behalf of, and within the powers granted to
22		them by, the Commission.
23		9. "Home state" means the member state that is the
24		licensee's primary state of residence.
25		10. "Investigative information" means information,
26		records, and documents received or generated by a physical

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1		therapy licensing board pursuant to an investigation.
2		11. "Jurisprudence Requirement" means the assessment of an
3		individual's knowledge of the laws and rules governing the
4		practice of physical therapy in a state.
5		12. "Licensee" means an individual who currently holds an
6		authorization from the state to practice as a physical
7		therapist or to work as a physical therapist assistant.
8		13. "Member state" means a state that has enacted the
9		Compact.
10		14. "Party state" means any member state in which a
11		licensee holds a current license or compact privilege or is
12		applying for a license or compact privilege.
13		15. "Physical therapist" means an individual who is
14		licensed by a state to practice physical therapy.
15		16. "Physical therapist assistant" means an individual who
16		is licensed/certified by a state and who assists the physical
17		therapist in selected components of physical therapy.
18		17. "Physical therapy," "physical therapy practice," and
19		"the practice of physical therapy" mean the care and services
20		provided by or under the direction and supervision of a
21		licensed physical therapist.
22		18. "Physical Therapy Compact Commission" or "Commission"
23		means the national administrative body whose membership
24		consists of all states that have enacted the Compact.
25		19. "Physical therapy licensing board" or "licensing
26		board" means the agency of a state that is responsible for the

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1		licensing and regulation of physical therapists and physical
2		therapist assistants.
3		20. "Remote State" means a member state other than the
4		home state, where a licensee is exercising or seeking to
5		exercise the compact privilege.
6		21. "Rule" means a regulation, principle, or directive
7		promulgated by the Commission that has the force of law.
8		22. "State" means any state, commonwealth, district, or
9		territory of the United States of America that regulates the
10		practice of physical therapy.
11		SECTION 3. STATE PARTICIPATION IN THE COMPACT
12		A. To participate in the Compact, a state must:
13		1. Participate fully in the Commission's data system,
14		including using the Commission's unique identifier as
15		defined in rules;
16		2. Have a mechanism in place for receiving and
17		investigating complaints about licensees;
18		3. Notify the Commission, in compliance with the terms
19		of the Compact and rules, of any adverse action or the
20		availability of investigative information regarding a
21		licensee;
22		4. Fully implement a criminal background check
23		requirement, within a time frame established by rule, by
24		receiving the results of the Federal Bureau of
25		Investigation record search on criminal background checks

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1		and use the results in making licensure decisions in
2		accordance with Section 3.B.;
3		5. Comply with the rules of the Commission;
4		6. Utilize a recognized national examination as a
5		requirement for licensure pursuant to the rules of the
6		Commission; and
7		7. Have continuing competence requirements as a
8		condition for license renewal.
9		B. Upon adoption of this statute, the member state shall
10		have the authority to obtain biometric-based information from
11		each physical therapy licensure applicant and submit this
12		information to the Federal Bureau of Investigation for a
13		criminal background check in accordance with 28 U.S.C. §534
14		and 42 U.S.C. §14616.
15		C. A member state shall grant the compact privilege to a
16		licensee holding a valid unencumbered license in another
17		member state in accordance with the terms of the Compact and
18		rules.
19		D. Member states may charge a fee for granting a compact
20		privilege
21		SECTION 4. COMPACT PRIVILEGE
22		A. To exercise the compact privilege under the terms and
23		provisions of the Compact, the licensee shall:
24		1. Hold a license in the home state;
25		2. Have no encumbrance on any state license;

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1		3. Be eligible for a compact privilege in any member
2		state in accordance with Section 4D, G and H;
3		4. Have not had any adverse action against any license
4		or compact privilege within the previous 2 years;
5		5. Notify the Commission that the licensee is seeking
6		the compact privilege within a remote state(s);
7		6. Pay any applicable fees, including any state fee,
8		for the compact privilege;
9		7. Meet any jurisprudence requirements established by
10		the remote state(s) in which the licensee is seeking a
11		compact privilege; and
12		8. Report to the Commission adverse action taken by
13		any non-member state within 30 days from the date the
14		adverse action is taken.
15		B. The compact privilege is valid until the expiration
16		date of the home license. The licensee must comply with the
17		requirements of Section 4.A. to maintain the compact privilege
18		in the remote state.
19		C. A licensee providing physical therapy in a remote state
20		under the compact privilege shall function within the laws and
21		regulations of the remote state.
22		D. A licensee providing physical therapy in a remote state
23		is subject to that state's regulatory authority. A remote
24		state may, in accordance with due process and that state's
25		laws, remove a licensee's compact privilege in the remote
26		state for a specific period of time, impose fines, and/or take

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1		any other necessary actions to protect the health and safety
2		of its citizens. The licensee is not eligible for a compact
3		privilege in any state until the specific time for removal has
4		passed and all fines are paid.
5		E. If a home state license is encumbered, the licensee
6		shall lose the compact privilege in any remote state until the
7		following occur:
8		1. The home state license is no longer encumbered; and
9		2. Two years have elapsed from the date of the adverse
10		action.
11		F. Once an encumbered license in the home state is
12		restored to good standing, the licensee must meet the
13		requirements of Section 4A to obtain a compact privilege in
14		any remote state.
15		G. If a licensee's compact privilege in any remote state
16		is removed, the individual shall lose the compact privilege in
17		any remote state until the following occur:
18		1. The specific period of time for which the compact
19		privilege was removed has ended;
20		2. All fines have been paid; and
21		3. Two years have elapsed from the date of the adverse
22		action.
23		H. Once the requirements of Section 4G have been met, the
24		license must meet the requirements in Section 4A to obtain a
25		compact privilege in a remote state.

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1		SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
2		A licensee who is active duty military or is the spouse of
3		an individual who is active duty military may designate one of
4		the following as the home state:
5		A. Home of record;
6		B. Permanent Change of Station (PCS); or
7		C. State of current residence if it is different than the
8		PCS state or home of record.
9		SECTION 6. ADVERSE ACTIONS
10		A. A home state shall have exclusive power to impose
11		adverse action against a license issued by the home state.
12		B. A home state may take adverse action based on the
13		investigative information of a remote state, so long as the
14		home state follows its own procedures for imposing adverse
15		action.
16		C. Nothing in this Compact shall override a member state's
17		decision that participation in an alternative program may be
18		used in lieu of adverse action and that such participation
19		shall remain non-public if required by the member state's
20		laws. Member states must require licensees who enter any
21		alternative programs in lieu of discipline to agree not to
22		practice in any other member state during the term of the
23		alternative program without prior authorization from such
24		other member state.
25		D. Any member state may investigate actual or alleged

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1		violations of the statutes and rules authorizing the practice
2		of physical therapy in any other member state in which a
3		physical therapist or physical therapist assistant holds a
4		license or compact privilege.
5		E. A remote state shall have the authority to:
6		1. Take adverse actions as set forth in Section 4.D.
7		against a licensee's compact privilege in the state;
8		2. Issue subpoenas for both hearings and
9		investigations that require the attendance and testimony
10		of witnesses, and the production of evidence. Subpoenas
11		issued by a physical therapy licensing board in a party
12		state for the attendance and testimony of witnesses,
13		and/or the production of evidence from another party
14		state, shall be enforced in the latter state by any court
15		of competent jurisdiction, according to the practice and
16		procedure of that court applicable to subpoenas issued in
17		proceedings pending before it. The issuing authority shall
18		pay any witness fees, travel expenses, mileage, and other
19		fees required by the service statutes of the state where
20		the witnesses and/or evidence are located; and
21		3. If otherwise permitted by state law, recover from
22		the licensee the costs of investigations and disposition
23		of cases resulting from any adverse action taken against
24		that licensee.
25		F. Joint Investigations
26		1. In addition to the authority granted to a member

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1		state by its respective physical therapy practice act or
2		other applicable state law, a member state may participate
3		with other member states in joint investigations of
4		licensees.
5		2. Member states shall share any investigative,
6		litigation, or compliance materials in furtherance of any
7		joint or individual investigation initiated under the
8		Compact.
9		SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
10		COMMISSION
11		A. The Compact member states hereby create and establish a
12		joint public agency known as the Physical Therapy Compact
13		Commission:
14		1. The Commission is an instrumentality of the Compact
15		states.
16		2. Venue is proper and judicial proceedings by or
17		against the Commission shall be brought solely and
18		exclusively in a court of competent jurisdiction where the
19		principal office of the Commission is located. The
20		Commission may waive venue and jurisdictional defenses to
21		the extent it adopts or consents to participate in
22		alternative dispute resolution proceedings.
23		3. Nothing in this Compact shall be construed to be a
24		waiver of sovereign immunity.
25		B. Membership, Voting, and Meetings

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1		1. Each member state shall have and be limited to one
2		(1) delegate selected by that member state's licensing
3		board.
4		2. The delegate shall be a current member of the
5		licensing board, who is a physical therapist, physical
6		therapist assistant, public member, or the board
7		administrator.
8		3. Any delegate may be removed or suspended from
9		office as provided by the law of the state from which the
10		delegate is appointed.
11		4. The member state board shall fill any vacancy
12		occurring in the Commission.
13		5. Each delegate shall be entitled to one (1) vote
14		with regard to the promulgation of rules and creation of
15		bylaws and shall otherwise have an opportunity to
16		participate in the business and affairs of the Commission.
17		6. A delegate shall vote in person or by such other
18		means as provided in the bylaws. The bylaws may provide
19		for delegates' participation in meetings by telephone or
20		other means of communication.
21		7. The Commission shall meet at least once during each
22		calendar year. Additional meetings shall be held as set
23		forth in the bylaws.
24		C. The Commission shall have the following powers and
25		duties:
26		1. Establish the fiscal year of the Commission;

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1		2. Establish bylaws;
2		3. Maintain its financial records in accordance with
3		the bylaws;
4		4. Meet and take such actions as are consistent with
5		the provisions of this Compact and the bylaws;
6		5. Promulgate uniform rules to facilitate and
7		coordinate implementation and administration of this
8		Compact. The rules shall have the force and effect of law
9		and shall be binding in all member states;
10		6. Bring and prosecute legal proceedings or actions in
11		the name of the Commission, provided that the standing of
12		any state physical therapy licensing board to sue or be
13		sued under applicable law shall not be affected;
14		7. Purchase and maintain insurance and bonds;
15		8. Borrow, accept, or contract for services of
16		personnel, including, but not limited to, employees of a
17		member state;
18		9. Hire employees, elect or appoint officers, fix
19		compensation, define duties, grant such individuals
20		appropriate authority to carry out the purposes of the
21		Compact, and to establish the Commission's personnel
22		policies and programs relating to conflicts of interest,
23		qualifications of personnel, and other related personnel
24		matters;
25		10. Accept any and all appropriate donations and
26		grants of money, equipment, supplies, materials and

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1		services, and to receive, utilize and dispose of the same;
2		provided that at all times the Commission shall avoid any
3		appearance of impropriety and/or conflict of interest;
4		11. Lease, purchase, accept appropriate gifts or
5		donations of, or otherwise to own, hold, improve or use,
6		any property, real, personal or mixed; provided that at
7		all times the Commission shall avoid any appearance of
8		impropriety;
9		12. Sell convey, mortgage, pledge, lease, exchange,
10		abandon, or otherwise dispose of any property real,
11		personal, or mixed;
12		13. Establish a budget and make expenditures;
13		14. Borrow money;
14		15. Appoint committees, including standing committees
15		composed of members, state regulators, state legislators
16		or their representatives, and consumer representatives,
17		and such other interested persons as may be designated in
18		this Compact and the bylaws;
19		16. Provide and receive information from, and
20		cooperate with, law enforcement agencies;
21		17. Establish and elect an Executive Board; and
22		18. Perform such other functions as may be necessary
23		or appropriate to achieve the purposes of this Compact
24		consistent with the state regulation of physical therapy
25		licensure and practice.
26		D. The Executive Board

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1		The Executive Board shall have the power to act on behalf
2		of the Commission according to the terms of this Compact
3		1. The Executive Board shall be composed of nine
4		members:
5		a. Seven voting members who are elected by the
6		Commission from the current membership of the
7		Commission;
8		b. One ex-officio, nonvoting member from the
9		recognized national physical therapy professional
10		association; and
11		c. One ex-officio, nonvoting member from the
12		recognized membership organization of the physical
13		therapy licensing boards.
14		2. The ex-officio members will be selected by their
15		respective organizations.
16		3. The Commission may remove any member of the
17		Executive Board as provided in bylaws.
18		4. The Executive Board shall meet at least annually.
19		5. The Executive Board shall have the following Duties
20		and responsibilities:
21		a. Recommend to the entire Commission changes to
22		the rules or bylaws, changes to this Compact
23		legislation, fees paid by Compact member states such
24		as annual dues, and any commission Compact fee charged
25		to licensees for the compact privilege;
26		b. Ensure Compact administration services are

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1		appropriately provided, contractual or otherwise;
2		c. Prepare and recommend the budget;
3		d. Maintain financial records on behalf of the
4		Commission;
5		e. Monitor Compact compliance of member states and
6		provide compliance reports to the Commission;
7		f. Establish additional committees as necessary;
8		and
9		g. Other duties as provided in rules or bylaws.
10		E. Meetings of the Commission
11		1. All meetings shall be open to the public, and
12		public notice of meetings shall be given in the same
13		manner as required under the rulemaking provisions in
14		Section 9.
15		2. The Commission or the Executive Board or other
16		committees of the Commission may convene in a closed,
17		non-public meeting if the Commission or Executive Board or
18		other committees of the Commission must discuss:
19		a. Non-compliance of a member state with its
20		obligations under the Compact;
21		b. The employment, compensation, discipline or
22		other matters, practices or procedures related to
23		specific employees or other matters related to the
24		Commission's internal personnel practices and
25		procedures;
26		c. Current, threatened, or reasonably anticipated

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1		litigation;
2		d. Negotiation of contracts for the purchase,
3		lease, or sale of goods, services, or real estate;
4		e. Accusing any person of a crime or formally
5		censuring any person;
6		f. Disclosure of trade secrets or commercial or
7		financial information that is privileged or
8		confidential;
9		g. Disclosure of information of a personal nature
10		where disclosure would constitute a clearly
11		unwarranted invasion of personal privacy;
12		h. Disclosure of investigative records compiled
13		for law enforcement purposes;
14		i. Disclosure of information related to any
15		investigative reports prepared by or on behalf of or
16		for use of the Commission or other committee charged
17		with responsibility of investigation or determination
18		of compliance issues pursuant to the Compact; or
19		j. Matters specifically exempted from disclosure
20		by federal or member state statute.
21		3. If a meeting, or portion of a meeting, is closed
22		pursuant to this provision, the Commission's legal counsel
23		or designee shall certify that the meeting may be closed
24		and shall reference each relevant exempting provision.
25		4. The Commission shall keep minutes that fully and
26		clearly describe all matters discussed in a meeting and

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1		shall provide a full and accurate summary of actions
2		taken, and the reasons therefore, including a description
3		of the views expressed. All documents considered in
4		connection with an action shall be identified in such
5		minutes. All minutes and documents of a closed meeting
6		shall remain under seal, subject to release by a majority
7		vote of the Commission or order of a court of competent
8		jurisdiction.
9		F. Financing of the Commission
10		1. The Commission shall pay, or provide for the
11		payment of, the reasonable expenses of its establishment,
12		organization, and ongoing activities.
13		2. The Commission may accept any and all appropriate
14		revenue sources, donations, and grants of money,
15		equipment, supplies, materials, and services.
16		3. The Commission may levy on and collect an annual
17		assessment from each member state or impose fees on other
18		parties to cover the cost of the operations and activities
19		of the Commission and its staff, which must be in a total
20		amount sufficient to cover its annual budget as approved
21		each year for which revenue is not provided by other
22		sources. The aggregate annual assessment amount shall be
23		allocated based upon a formula to be determined by the
24		Commission, which shall promulgate a rule binding upon all
25		member states.
26		4. The Commission shall not incur obligations of any

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1		kind prior to securing the funds adequate to meet the
2		same; nor shall the Commission pledge the credit of any of
3		the member states, except by and with the authority of the
4		member state.
5		5. The Commission shall keep accurate accounts of all
6		receipts and disbursements. The receipts and disbursements
7		of the Commission shall be subject to the audit and
8		accounting procedures established under its bylaws.
9		However, all receipts and disbursements of funds handled
10		by the Commission shall be audited yearly by a certified
11		or licensed public accountant, and the report of the audit
12		shall be included in and become part of the annual report
13		of the Commission.
14		G. Qualified Immunity, Defense, and Indemnification
15		1. The members, officers, executive director,
16		employees and representatives of the Commission shall be
17		immune from suit and liability, either personally or in
18		their official capacity, for any claim for damage to or
19		loss of property or personal injury or other civil
20		liability caused by or arising out of any actual or
21		alleged act, error or omission that occurred, or that the
22		person against whom the claim is made had a reasonable
23		basis for believing occurred within the scope of
24		Commission employment, duties or responsibilities;
25		provided that nothing in this paragraph shall be construed
26		to protect any such person from suit and/or liability for

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

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1		responsibilities, provided that the actual or alleged act,
2		error, or omission did not result from the intentional or
3		willful or wanton misconduct of that person.
4		SECTION 8. DATA SYSTEM
5		A. The Commission shall provide for the development,
6		maintenance, and utilization of a coordinated database and
7		reporting system containing licensure, adverse action, and
8		investigative information on all licensed individuals in
9		member states.
10		B. Notwithstanding any other provision of state law to the
11		contrary, a member state shall submit a uniform data set to the
12		data system on all individuals to whom this Compact is
13		applicable as required by the rules of the Commission,
14		including:
15		1. Identifying information;
16		2. Licensure data;
17		3. Adverse actions against a license or compact
18		privilege;
19		4. Non-confidential information related to alternative
20		program participation;
21		5. Any denial of application for licensure, and the
22		reason(s) for such denial; and
23		6. Other information that may facilitate the
24		administration of this Compact, as determined by the rules
25		of the Commission.

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1		C. Investigative information pertaining to a licensee in
2		any member state will only be available to other party states.
3		D. The Commission shall promptly notify all member states
4		of any adverse action taken against a licensee or an
5		individual applying for a license. Adverse action information
6		pertaining to a licensee in any member state will be available
7		to any other member state.
8		E. Member states contributing information to the data
9		system may designate information that may not be shared with
10		the public without the express permission of the contributing
11		state.
12		F. Any information submitted to the data system that is
13		subsequently required to be expunged by the laws of the member
14		state contributing the information shall be removed from the
15		data system.
16		SECTION 9. RULEMAKING
17		A. The Commission shall exercise its rulemaking powers
18		pursuant to the criteria set forth in this Section and the
19		rules adopted thereunder. Rules and amendments shall become
20		binding as of the date specified in each rule or amendment.
21		B. If a majority of the legislatures of the member states
22		rejects a rule, by enactment of a statute or resolution in the
23		same manner used to adopt the Compact within 4 years of the
24		date of adoption of the rule, then such rule shall have no
25		further force and effect in any member state.

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1		C. Rules or amendments to the rules shall be adopted at a
2		regular or special meeting of the Commission.
3		D. Prior to promulgation and adoption of a final rule or
4		rules by the Commission, and at least thirty (30) days in
5		advance of the meeting at which the rule will be considered and
6		voted upon, the Commission shall file a Notice of Proposed
7		Rulemaking:
8		1. On the website of the Commission or other publicly
9		accessible platform; and
10		2. On the website of each member state physical
11		therapy licensing board or other publicly accessible
12		platform or the publication in which each state would
13		otherwise publish proposed rules.
14		E. The Notice of Proposed Rulemaking shall include:
15		1. The proposed time, date, and location of the
16		meeting in which the rule will be considered and voted
17		upon;
18		2. The text of the proposed rule or amendment and the
19		reason for the proposed rule;
20		3. A request for comments on the proposed rule from
21		any interested person; and
22		4. The manner in which interested persons may submit
23		notice to the Commission of their intention to attend the
24		public hearing and any written comments.
25		F. Prior to adoption of a proposed rule, the Commission
26		shall allow persons to submit written data, facts, opinions,

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1		and arguments, which shall be made available to the public.
2		G. The Commission shall grant an opportunity for a public
3		hearing before it adopts a rule or amendment if a hearing is
4		requested by:
5		1. At least twenty-five (25) persons;
6		2. A state or federal governmental subdivision or
7		agency; or
8		3. An association having at least twenty-five (25)
9		members.
10		H. If a hearing is held on the proposed rule or amendment,
11		the Commission shall publish the place, time, and date of the
12		scheduled public hearing. If the hearing is held via
13		electronic means, the Commission shall publish the mechanism
14		for access to the electronic hearing.
15		1. All persons wishing to be heard at the hearing
16		shall notify the executive director of the Commission or
17		other designated member in writing of their desire to
18		appear and testify at the hearing not less than five (5)
19		business days before the scheduled date of the hearing.
20		2. Hearings shall be conducted in a manner providing
21		each person who wishes to comment a fair and reasonable
22		opportunity to comment orally or in writing.
23		3. All hearings will be recorded. A copy of the
24		recording will be made available on request.
25		4. Nothing in this section shall be construed as
26		requiring a separate hearing on each rule. Rules may be

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1		grouped for the convenience of the Commission at hearings
2		required by this Section.
3		I. Following the scheduled hearing date, or by the close
4		of business on the scheduled hearing date if the hearing was
5		not held, the Commission shall consider all written and oral
6		comments received.
7		J. If no written notice of intent to attend the public
8		hearing by interested parties is received, the Commission may
9		proceed with promulgation of the proposed rule without a
10		public hearing.
11		K. The Commission shall, by majority vote of all members,
12		take final action on the proposed rule and shall determine the
13		effective date of the rule, if any, based on the rulemaking
14		record and the full text of the rule.
15		L. Upon determination that an emergency exists, the
16		Commission may consider and adopt an emergency rule without
17		prior notice, opportunity for comment, or hearing, provided
18		that the usual rulemaking procedures provided in the Compact
19		and in this section shall be retroactively applied to the rule
20		as soon as reasonably possible, in no event later than ninety
21		(90) days after the effective date of the rule. For the
22		purposes of this provision, an emergency rule is one that must
23		be adopted immediately in order to:
24		1. Meet an imminent threat to public health, safety,
25		or welfare;
26		2. Prevent a loss of Commission or member state funds;

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1		3. Meet a deadline for the promulgation of an
2		administrative rule that is established by federal law or
3		rule; or
4		4. Protect public health and safety.
5		M. The Commission or an authorized committee of the
6		Commission may direct revisions to a previously adopted rule
7		or amendment for purposes of correcting typographical errors,
8		errors in format, errors in consistency, or grammatical
9		errors. Public notice of any revisions shall be posted on the
10		website of the Commission. The revision shall be subject to
11		challenge by any person for a period of thirty (30) days after
12		posting. The revision may be challenged only on grounds that
13		the revision results in a material change to a rule. A
14		challenge shall be made in writing, and delivered to the chair
15		of the Commission prior to the end of the notice period. If no
16		challenge is made, the revision will take effect without
17		further action. If the revision is challenged, the revision
18		may not take effect without the approval of the Commission.
19		SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
20		A. Oversight
21		1. The executive, legislative, and judicial branches
22		of state government in each member state shall enforce
23		this Compact and take all actions necessary and
24		appropriate to effectuate the Compact's purposes and
25		intent. The provisions of this Compact and the rules

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1		promulgated hereunder shall have standing as statutory
2		law.
3		2. All courts shall take judicial notice of the
4		Compact and the rules in any judicial or administrative
5		proceeding in a member state pertaining to the subject
6		matter of this Compact which may affect the powers,
7		responsibilities or actions of the Commission.
8		3. The Commission shall be entitled to receive service
9		of process in any such proceeding, and shall have standing
10		to intervene in such a proceeding for all purposes.
11		Failure to provide service of process to the Commission
12		shall render a judgment or order void as to the
13		Commission, this Compact, or promulgated rules.
14		B. Default, Technical Assistance, and Termination
15		1. If the Commission determines that a member state
16		has defaulted in the performance of its obligations or
17		responsibilities under this Compact or the promulgated
18		rules, the Commission shall:
19		a. Provide written notice to the defaulting state
20		and other member states of the nature of the default,
21		the proposed means of curing the default and/or any
22		other action to be taken by the Commission; and
23		b. Provide remedial training and specific
24		technical assistance regarding the default.
25		2. If a state in default fails to cure the default, the
26		defaulting state may be terminated from the Compact upon

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1		an affirmative vote of a majority of the member states,
2		and all rights, privileges and benefits conferred by this
3		Compact may be terminated on the effective date of
4		termination. A cure of the default does not relieve the
5		offending state of obligations or liabilities incurred
6		during the period of default.
7		3. Termination of membership in the Compact shall be
8		imposed only after all other means of securing compliance
9		have been exhausted. Notice of intent to suspend or
10		terminate shall be given by the Commission to the
11		governor, the majority and minority leaders of the
12		defaulting state's legislature, and each of the member
13		states.
14		4. A state that has been terminated is responsible for
15		all assessments, obligations, and liabilities incurred
16		through the effective date of termination, including
17		obligations that extend beyond the effective date of
18		termination.
19		5. The Commission shall not bear any costs related to
20		a state that is found to be in default or that has been
21		terminated from the Compact, unless agreed upon in writing
22		between the Commission and the defaulting state.
23		6. The defaulting state may appeal the action of the
24		Commission by petitioning the U.S. District Court for the
25		District of Columbia or the federal district where the
26		Commission has its principal offices. The prevailing

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1		member shall be awarded all costs of such litigation,
2		including reasonable attorney's fees.
3		C. Dispute Resolution
4		1. Upon request by a member state, the Commission
5		shall attempt to resolve disputes related to the Compact
6		that arise among member states and between member and
7		non-member states.
8		2. The Commission shall promulgate a rule providing
9		for both mediation and binding dispute resolution for
10		disputes as appropriate.
11		D. Enforcement
12		1. The Commission, in the reasonable exercise of its
13		discretion, shall enforce the provisions and rules of this
14		Compact.
15		2. By majority vote, the Commission may initiate legal
16		action in the United States District Court for the
17		District of Columbia or the federal district where the
18		Commission has its principal offices against a member
19		state in default to enforce compliance with the provisions
20		of the Compact and its promulgated rules and bylaws. The
21		relief sought may include both injunctive relief and
22		damages. In the event judicial enforcement is necessary,
23		the prevailing member shall be awarded all costs of such
24		litigation, including reasonable attorney's fees.
25		3. The remedies herein shall not be the exclusive
26		remedies of the Commission. The Commission may pursue any

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1		other remedies available under federal or state law.
2		SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE
3		COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,
4		WITHDRAWAL, AND AMENDMENT
5		A. The Compact shall come into effect on the date on which
6		the Compact statute is enacted into law in the tenth member
7		state. The provisions, which become effective at that time,
8		shall be limited to the powers granted to the Commission
9		relating to assembly and the promulgation of rules.
10		Thereafter, the Commission shall meet and exercise rulemaking
11		powers necessary to the implementation and administration of
12		the Compact.
13		B. Any state that joins the Compact subsequent to the
14		Commission's initial adoption of the rules shall be subject to
15		the rules as they exist on the date on which the Compact
16		becomes law in that state. Any rule that has been previously
17		adopted by the Commission shall have the full force and effect
18		of law on the day the Compact becomes law in that state.
19		C. Any member state may withdraw from this Compact by
20		enacting a statute repealing the same.
21		1. A member state's withdrawal shall not take effect
22		until six (6) months after enactment of the repealing
23		statute.
24		2. Withdrawal shall not affect the continuing
25		requirement of the withdrawing state's physical therapy

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1		licensing board to comply with the investigative and
2		adverse action reporting requirements of this act prior to
3		the effective date of withdrawal.
4		D. Nothing contained in this Compact shall be construed to
5		invalidate or prevent any physical therapy licensure agreement
6		or other cooperative arrangement between a member state and a
7		non-member state that does not conflict with the provisions of
8		this Compact.
9		E. This Compact may be amended by the member states. No
10		amendment to this Compact shall become effective and binding
11		upon any member state until it is enacted into the laws of all
12		member states.
13		SECTION 12. CONSTRUCTION AND SEVERABILITY
14		This Compact shall be liberally construed so as to
15		effectuate the purposes thereof. The provisions of this
16		Compact shall be severable and if any phrase, clause, sentence
17		or provision of this Compact is declared to be contrary to the
18		constitution of any party state or of the United States or the
19		applicability thereof to any government, agency, person or
20		circumstance is held invalid, the validity of the remainder of
21		this Compact and the applicability thereof to any government,
22		agency, person or circumstance shall not be affected thereby.
23		If this Compact shall be held contrary to the constitution of
24		any party state, the Compact shall remain in full force and
25		effect as to the remaining party states and in full force and

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