Bill Text: IA HF2296 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act establishing a physical therapy licensure compact. (See HF 2425.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-03-05 - Withdrawn. H.J. 459. [HF2296 Detail]
Download: Iowa-2017-HF2296-Introduced.html
House File 2296 - Introduced HOUSE FILE BY KOESTER A BILL FOR 1 An Act establishing a physical therapy licensure compact. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5668YH (8) 87 ss/rh PAG LIN 1 1 Section 1. NEW SECTION. 147C.1 Form of compact. 1 2 1. Article I == Purpose. 1 3 a. The purpose of this compact is to facilitate interstate 1 4 practice of physical therapy with the goal of improving public 1 5 access to physical therapy services. The practice of physical 1 6 therapy occurs in the state where the patient is located at 1 7 the time of the patient encounter. The compact preserves the 1 8 regulatory authority of states to protect public health and 1 9 safety through the current system of state licensure. 1 10 b. This compact is designed to achieve all of the following 1 11 objectives: 1 12 (1) Increase public access to physical therapy services 1 13 by providing for the mutual recognition of other member state 1 14 licenses. 1 15 (2) Enhance the states' ability to protect the public's 1 16 health and safety. 1 17 (3) Encourage the cooperation of member states in 1 18 regulating multistate physical therapy practice. 1 19 (4) Support spouses of relocating military members. 1 20 (5) Enhance the exchange of licensure, investigative, and 1 21 disciplinary information between member states. 1 22 (6) Allow a remote state to hold a provider of services with 1 23 a compact privilege in that state accountable to that state's 1 24 practice standards. 1 25 2. Article II == Definitions. 1 26 a. "Active duty military" means full=time duty status in 1 27 the active uniformed service of the United States, including 1 28 members of the national guard and reserve on active duty orders 1 29 pursuant to 10 U.S.C. {1209 and 10 U.S.C {1211. 1 30 b. "Adverse action" means disciplinary action taken by 1 31 a physical therapy licensing board based upon misconduct, 1 32 unacceptable performance, or a combination of both. 1 33 c. "Alternative program" means a nondisciplinary monitoring 1 34 or practice remediation process approved by a physical therapy 1 35 licensing board. This includes but is not limited to substance 2 1 abuse issues. 2 2 d. "Compact privilege" means the authorization granted by 2 3 a remote state to allow a licensee from another member state 2 4 to practice as a physical therapist or work as a physical 2 5 therapist assistant in the remote state under its laws and 2 6 rules. The practice of physical therapy occurs in the member 2 7 state where the patient is located at the time of the patient 2 8 encounter. 2 9 e. "Continuing competence" means a requirement, as 2 10 a condition of license renewal, to provide evidence of 2 11 participation in, and completion of, educational and 2 12 professional activities relevant to practice or area of work. 2 13 f. "Data system" means a repository of information about 2 14 licensees, including examination, licensure, investigative, 2 15 compact privilege, and adverse action. 2 16 g. "Encumbered license" means a license that a physical 2 17 therapy licensing board has limited in any way. 2 18 h. "Executive board" means a group of directors elected or 2 19 appointed to act on behalf of, and within the powers granted to 2 20 them by, the commission. 2 21 i. "Home state" means the member state that is the 2 22 licensee's primary state of residence. 2 23 j. "Investigative information" means information, records, 2 24 and documents received or generated by a physical therapy 2 25 licensing board pursuant to an investigation. 2 26 k. "Jurisprudence requirement" means the assessment of an 2 27 individual's knowledge of the laws and rules governing the 2 28 practice of physical therapy in a state. 2 29 l. "Licensee" means an individual who currently holds 2 30 an authorization from the state to practice as a physical 2 31 therapist or to work as a physical therapist assistant. 2 32 m. "Member state" means a state that has enacted the 2 33 compact. 2 34 n. "Party state" means any member state in which a licensee 2 35 holds a current license or compact privilege or is applying for 3 1 a license or compact privilege. 3 2 o. "Physical therapist" means an individual who is licensed 3 3 by a state to practice physical therapy. 3 4 p. "Physical therapist assistant" means an individual who is 3 5 licensed by a state and who assists the physical therapist in 3 6 selected components of physical therapy. 3 7 q. "Physical therapy", "physical therapy practice", and 3 8 "the practice of physical therapy" mean the care and services 3 9 provided by or under the direction and supervision of a 3 10 licensed physical therapist. 3 11 r. "Physical therapy compact commission" or "commission" 3 12 means the national administrative body whose membership 3 13 consists of all states that have enacted the compact. 3 14 s. "Physical therapy licensing board" or "licensing board" 3 15 means the agency of a state that is responsible for the 3 16 licensing and regulation of physical therapists and physical 3 17 therapist assistants. 3 18 t. "Remote state" means a member state other than the home 3 19 state, where a licensee is exercising or seeking to exercise 3 20 the compact privilege. 3 21 u. "Rule" means a regulation, principle, or directive 3 22 promulgated by the commission that has the force of law. 3 23 v. "State" means any state, commonwealth, district, or 3 24 territory of the United States that regulates the practice of 3 25 physical therapy. 3 26 3. Article III == State participation in the compact. 3 27 a. To participate in the compact, a state must meet all of 3 28 the following requirements: 3 29 (1) Participate fully in the commission's data system, 3 30 including using the commission's unique identifier as defined 3 31 in rules. 3 32 (2) Have a mechanism in place for receiving and 3 33 investigating complaints about licensees. 3 34 (3) Notify the commission, in compliance with the terms 3 35 of the compact and rules, of any adverse action or the 4 1 availability of investigative information regarding a licensee. 4 2 (4) Fully implement a criminal background check 4 3 requirement, within a time frame established by rule, by 4 4 receiving the results of the federal bureau of investigation 4 5 record search on criminal background checks and using the 4 6 results in making licensure decisions in accordance with 4 7 article III, paragraph "b". 4 8 (5) Comply with the rules of the commission. 4 9 (6) Utilize a recognized national examination as a 4 10 requirement for licensure pursuant to the rules of the 4 11 commission. 4 12 (7) Have continuing competence requirements as a condition 4 13 for license renewal. 4 14 b. Upon adoption of this statute, the member state shall 4 15 have the authority to obtain biometric=based information from 4 16 each physical therapy licensure applicant and submit this 4 17 information to the federal bureau of investigation for a 4 18 criminal background check in accordance with 28 U.S.C. {534 and 4 19 42 U.S.C. {14616. 4 20 c. A member state shall grant the compact privilege to a 4 21 licensee holding a valid unencumbered license in another member 4 22 state in accordance with the terms of the compact and rules. 4 23 d. Member states may charge a fee for granting a compact 4 24 privilege. 4 25 4. Article IV == Compact privilege. 4 26 a. To exercise the compact privilege under the terms and 4 27 provisions of the compact, the licensee shall meet all of the 4 28 following requirements: 4 29 (1) Hold a license in the home state. 4 30 (2) Have no encumbrance on any state license. 4 31 (3) Be eligible for a compact privilege in any member state 4 32 in accordance with article IV, paragraphs "d", "g", and "h". 4 33 (4) Have not had any adverse action against any license or 4 34 compact privilege within the previous two years. 4 35 (5) Notify the commission that the licensee is seeking the 5 1 compact privilege within a remote state. 5 2 (6) Pay any applicable fees, including any state fee, for 5 3 the compact privilege. 5 4 (7) Meet any jurisprudence requirements established by 5 5 the remote state in which the licensee is seeking a compact 5 6 privilege. 5 7 (8) Report to the commission adverse action taken by any 5 8 nonmember state within thirty days from the date the adverse 5 9 action is taken. 5 10 b. The compact privilege is valid until the expiration 5 11 date of the home license. The licensee must comply with the 5 12 requirements of article IV, paragraph "a", to maintain the 5 13 compact privilege in the remote state. 5 14 c. A licensee providing physical therapy in a remote state 5 15 under the compact privilege shall function within the laws and 5 16 regulations of the remote state. 5 17 d. A licensee providing physical therapy in a remote state 5 18 is subject to that state's regulatory authority. A remote 5 19 state may, in accordance with due process and that state's 5 20 laws, remove a licensee's compact privilege in the remote state 5 21 for a specific period of time, impose fines, and take any other 5 22 necessary actions to protect the health and safety of its 5 23 citizens. The licensee is not eligible for a compact privilege 5 24 in any state until the specific time for removal has passed and 5 25 all fines are paid. 5 26 e. If a home state license is encumbered, the licensee shall 5 27 lose the compact privilege in any remote state until all of the 5 28 following occur: 5 29 (1) The home state license is no longer encumbered. 5 30 (2) Two years have elapsed from the date of the adverse 5 31 action. 5 32 f. Once an encumbered license in the home state is restored 5 33 to good standing, the licensee must meet the requirements of 5 34 article IV, paragraph "a", to obtain a compact privilege in any 5 35 remote state. 6 1 g. If a licensee's compact privilege in any remote state is 6 2 removed, the individual shall lose the compact privilege in any 6 3 remote state until all of the following occur: 6 4 (1) The specific period of time for which the compact 6 5 privilege was removed has ended. 6 6 (2) All fines have been paid. 6 7 (3) Two years have elapsed from the date of the adverse 6 8 action. 6 9 h. Once the requirements of article IV, paragraph "g", have 6 10 been met, the license must meet the requirements in article IV, 6 11 paragraph "a", to obtain a compact privilege in a remote state. 6 12 5. Article V == Active duty military personnel or their 6 13 spouses. A licensee who is active duty military or is the 6 14 spouse of an individual who is active duty military may 6 15 designate any of the following as the home state: 6 16 a. Home of record. 6 17 b. Permanent change of station. 6 18 c. State of current residence if it is different than the 6 19 permanent change of station state or home of record. 6 20 6. Article VI == Adverse actions. 6 21 a. A home state shall have exclusive power to impose adverse 6 22 action against a license issued by the home state. 6 23 b. A home state may take adverse action based on the 6 24 investigative information of a remote state, so long as the 6 25 home state follows its own procedures for imposing adverse 6 26 action. 6 27 c. Nothing in this compact shall override a member state's 6 28 decision that participation in an alternative program may be 6 29 used in lieu of adverse action and that such participation 6 30 shall remain nonpublic if required by the member state's laws. 6 31 Member states must require licensees who enter any alternative 6 32 programs in lieu of discipline to agree not to practice in any 6 33 other member state during the term of the alternative program 6 34 without prior authorization from such other member state. 6 35 d. Any member state may investigate actual or alleged 7 1 violations of the statutes and rules authorizing the practice 7 2 of physical therapy in any other member state in which a 7 3 physical therapist or physical therapist assistant holds a 7 4 license or compact privilege. 7 5 e. A remote state shall have the authority to do all of the 7 6 following: 7 7 (1) Take adverse actions as set forth in article IV, 7 8 paragraph "d", against a licensee's compact privilege in the 7 9 state. 7 10 (2) Issue subpoenas for both hearings and investigations 7 11 that require the attendance and testimony of witnesses, and 7 12 the production of evidence. Subpoenas issued by a physical 7 13 therapy licensing board in a party state for the attendance 7 14 and testimony of witnesses or the production of evidence from 7 15 another party state shall be enforced in the latter state by 7 16 any court of competent jurisdiction, according to the practice 7 17 and procedure of that court applicable to subpoenas issued in 7 18 proceedings pending before it. The issuing authority shall 7 19 pay any witness fees, travel expenses, mileage, and other 7 20 fees required by the service statutes of the state where the 7 21 witnesses or evidence are located. 7 22 (3) If otherwise permitted by state law, recover from the 7 23 licensee the costs of investigations and disposition of cases 7 24 resulting from any adverse action taken against that licensee. 7 25 f. Joint investigations. 7 26 (1) In addition to the authority granted to a member state 7 27 by its respective physical therapy practice act or other 7 28 applicable state law, a member state may participate with other 7 29 member states in joint investigations of licensees. 7 30 (2) Member states shall share any investigative, 7 31 litigation, or compliance materials in furtherance of any joint 7 32 or individual investigation initiated under the compact. 7 33 7. Article VII == Establishment of the physical therapy 7 34 compact commission. 7 35 a. The compact member states hereby create and establish 8 1 a joint public agency known as the physical therapy compact 8 2 commission. 8 3 (1) The commission is an instrumentality of the compact 8 4 states. 8 5 (2) Venue is proper and judicial proceedings by or against 8 6 the commission shall be brought solely and exclusively in a 8 7 court of competent jurisdiction where the principal office of 8 8 the commission is located. The commission may waive venue and 8 9 jurisdictional defenses to the extent it adopts or consents to 8 10 participate in alternative dispute resolution proceedings. 8 11 (3) Nothing in this compact shall be construed to be a 8 12 waiver of sovereign immunity. 8 13 b. Membership, voting, and meetings. 8 14 (1) Each member state shall have and be limited to one 8 15 delegate selected by that member state's licensing board. 8 16 (2) The delegate shall be a current member of the licensing 8 17 board, who is a physical therapist, physical therapist 8 18 assistant, public member, or the board administrator. 8 19 (3) Any delegate may be removed or suspended from office 8 20 as provided by the law of the state from which the delegate is 8 21 appointed. 8 22 (4) The member state board shall fill any vacancy occurring 8 23 in the commission. 8 24 (5) Each delegate shall be entitled to one vote with regard 8 25 to the promulgation of rules and creation of bylaws and shall 8 26 otherwise have an opportunity to participate in the business 8 27 and affairs of the commission. 8 28 (6) A delegate shall vote in person or by such other 8 29 means as provided in the bylaws. The bylaws may provide for 8 30 delegates' participation in meetings by telephone or other 8 31 means of communication. 8 32 (7) The commission shall meet at least once during each 8 33 calendar year. Additional meetings shall be held as set forth 8 34 in the bylaws. 8 35 c. The commission shall have all of the following powers and 9 1 duties: 9 2 (1) Establish the fiscal year of the commission. 9 3 (2) Establish bylaws. 9 4 (3) Maintain its financial records in accordance with the 9 5 bylaws. 9 6 (4) Meet and take such actions as are consistent with the 9 7 provisions of this compact and the bylaws. 9 8 (5) Promulgate uniform rules to facilitate and coordinate 9 9 implementation and administration of this compact. The rules 9 10 shall have the force and effect of law and shall be binding in 9 11 all member states. 9 12 (6) Bring and prosecute legal proceedings or actions in 9 13 the name of the commission, provided that the standing of any 9 14 state physical therapy licensing board to sue or be sued under 9 15 applicable law shall not be affected. 9 16 (7) Purchase and maintain insurance and bonds. 9 17 (8) Borrow, accept, or contract for services of personnel, 9 18 including but not limited to employees of a member state. 9 19 (9) Hire employees, elect or appoint officers, fix 9 20 compensation, define duties, grant such individuals appropriate 9 21 authority to carry out the purposes of the compact, and 9 22 establish the commission's personnel policies and programs 9 23 relating to conflicts of interest, qualifications of personnel, 9 24 and other related personnel matters. 9 25 (10) Accept any and all appropriate donations and grants 9 26 of money, equipment, supplies, materials and services, and to 9 27 receive, utilize, and dispose of the same; provided that at all 9 28 times the commission shall avoid any appearance of impropriety 9 29 or conflict of interest. 9 30 (11) Lease, purchase, accept appropriate gifts or donations 9 31 of, or otherwise to own, hold, improve, or use, any property, 9 32 whether real, personal, or mixed; provided that at all times 9 33 the commission shall avoid any appearance of impropriety. 9 34 (12) Sell, convey, mortgage, pledge, lease, exchange, 9 35 abandon, or otherwise dispose of any property real, personal, 10 1 or mixed. 10 2 (13) Establish a budget and make expenditures. 10 3 (14) Borrow money. 10 4 (15) Appoint committees, including standing committees 10 5 comprised of members, state regulators, state legislators or 10 6 their representatives, and consumer representatives, and such 10 7 other interested persons as may be designated in this compact 10 8 and the bylaws. 10 9 (16) Provide and receive information from, and cooperate 10 10 with, law enforcement agencies. 10 11 (17) Establish and elect an executive board. 10 12 (18) Perform such other functions as may be necessary or 10 13 appropriate to achieve the purposes of this compact consistent 10 14 with the state regulation of physical therapy licensure and 10 15 practice. 10 16 d. The executive board. 10 17 (1) The executive board shall have the power to act on 10 18 behalf of the commission according to the terms of this 10 19 compact. 10 20 (2) The executive board shall be comprised of the following 10 21 nine members: 10 22 (a) Seven voting members who are elected by the commission 10 23 from the current membership of the commission. 10 24 (b) One ex officio, nonvoting member from the recognized 10 25 national physical therapy professional association. 10 26 (c) One ex officio, nonvoting member from the recognized 10 27 membership organization of the physical therapy licensing 10 28 boards. 10 29 (3) The ex officio members will be selected by their 10 30 respective organizations. 10 31 (4) The commission may remove any member of the executive 10 32 board as provided in bylaws. 10 33 (5) The executive board shall meet at least annually. 10 34 (6) The executive board shall have all of the following 10 35 duties and responsibilities: 11 1 (a) Recommend to the entire commission changes to the rules 11 2 or bylaws, changes to this compact, fees paid by compact member 11 3 states such as annual dues, and any commission compact fee 11 4 charged to licensees for the compact privilege. 11 5 (b) Ensure compact administration services are 11 6 appropriately provided, contractual or otherwise. 11 7 (c) Prepare and recommend the budget. 11 8 (d) Maintain financial records on behalf of the commission. 11 9 (e) Monitor compact compliance of member states and provide 11 10 compliance reports to the commission. 11 11 (f) Establish additional committees as necessary. 11 12 (g) Other duties as provided in rules or bylaws. 11 13 e. Meetings of the commission. 11 14 (1) All meetings shall be open to the public, and public 11 15 notice of meetings shall be given in the same manner as 11 16 required under the rulemaking provisions in article IX. 11 17 (2) The commission or the executive board or other 11 18 committees of the commission may convene in a closed, 11 19 nonpublic meeting if the commission or executive board or other 11 20 committees of the commission must discuss all of the following: 11 21 (a) Noncompliance of a member state with its obligations 11 22 under the compact. 11 23 (b) The employment, compensation, discipline, or other 11 24 matters, practices, or procedures related to specific employees 11 25 or other matters related to the commission's internal personnel 11 26 practices and procedures. 11 27 (c) Current, threatened, or reasonably anticipated 11 28 litigation. 11 29 (d) Negotiation of contracts for the purchase, lease, or 11 30 sale of goods, services, or real estate. 11 31 (e) Accusing any person of a crime or formally censuring any 11 32 person. 11 33 (f) Disclosure of trade secrets or commercial or financial 11 34 information that is privileged or confidential. 11 35 (g) Disclosure of information of a personal nature where 12 1 disclosure would constitute a clearly unwarranted invasion of 12 2 personal privacy. 12 3 (h) Disclosure of investigative records compiled for law 12 4 enforcement purposes of any of the following. 12 5 (i) Disclosure of information related to any investigative 12 6 reports prepared by or on behalf of or for use of the 12 7 commission or other committee charged with responsibility of 12 8 investigation or determination of compliance issues pursuant 12 9 to the compact. 12 10 (j) Matters specifically exempted from disclosure by 12 11 federal or member state statute. 12 12 (3) If a meeting, or portion of a meeting, is closed 12 13 pursuant to this provision, the commission's legal counsel or 12 14 designee shall certify that the meeting may be closed and shall 12 15 reference each relevant exempting provision. 12 16 (4) The commission shall keep minutes that fully and clearly 12 17 describe all matters discussed in a meeting and shall provide 12 18 a full and accurate summary of actions taken, and the reasons 12 19 therefor, including a description of the views expressed. All 12 20 documents considered in connection with an action shall be 12 21 identified in such minutes. All minutes and documents of a 12 22 closed meeting shall remain under seal, subject to release 12 23 by a majority vote of the commission or order of a court of 12 24 competent jurisdiction. 12 25 f. Financing of the commission. 12 26 (1) The commission shall pay, or provide for the payment of, 12 27 the reasonable expenses of its establishment, organization, and 12 28 ongoing activities. 12 29 (2) The commission may accept any and all appropriate 12 30 revenue sources, donations, and grants of money, equipment, 12 31 supplies, materials, and services. 12 32 (3) The commission may levy on and collect an annual 12 33 assessment from each member state or impose fees on other 12 34 parties to cover the cost of the operations and activities 12 35 of the commission and its staff, which must be in a total 13 1 amount sufficient to cover its annual budget as approved each 13 2 year for which revenue is not provided by other sources. The 13 3 aggregate annual assessment amount shall be allocated based 13 4 upon a formula to be determined by the commission, which shall 13 5 promulgate a rule binding upon all member states. 13 6 (4) The commission shall not incur obligations of any kind 13 7 prior to securing the funds adequate to meet the same; nor 13 8 shall the commission pledge the credit of any of the member 13 9 states, except by and with the authority of the member state. 13 10 (5) The commission shall keep accurate accounts of all 13 11 receipts and disbursements. The receipts and disbursements of 13 12 the commission shall be subject to the audit and accounting 13 13 procedures established under its bylaws. However, all receipts 13 14 and disbursements of funds handled by the commission shall be 13 15 audited yearly by a certified or licensed public accountant, 13 16 and the report of the audit shall be included in and become 13 17 part of the annual report of the commission. 13 18 g. Qualified immunity, defense, and indemnification. 13 19 (1) The members, officers, executive director, employees, 13 20 and representatives of the commission shall be immune from suit 13 21 and liability, either personally or in their official capacity, 13 22 for any claim for damage to or loss of property or personal 13 23 injury or other civil liability caused by or arising out of any 13 24 actual or alleged act, error, or omission that occurred, or 13 25 that the person against whom the claim is made had a reasonable 13 26 basis for believing occurred within the scope of commission 13 27 employment, duties, or responsibilities; provided that nothing 13 28 in this paragraph "g" shall be construed to protect any such 13 29 person from suit or liability for any damage, loss, injury, 13 30 or liability caused by the intentional or willful or wanton 13 31 misconduct of that person. 13 32 (2) The commission shall defend any member, officer, 13 33 executive director, employee, or representative of the 13 34 commission in any civil action seeking to impose liability 13 35 arising out of any actual or alleged act, error, or omission 14 1 that occurred within the scope of commission employment, 14 2 duties, or responsibilities, or that the person against 14 3 whom the claim is made had a reasonable basis for believing 14 4 occurred within the scope of commission employment, duties, 14 5 or responsibilities; provided that nothing herein shall be 14 6 construed to prohibit that person from retaining the person's 14 7 own counsel; and provided further, that the actual or alleged 14 8 act, error, or omission did not result from that person's 14 9 intentional, willful, or wanton misconduct. 14 10 (3) The commission shall indemnify and hold harmless 14 11 any member, officer, executive director, employee, or 14 12 representative of the commission for the amount of any 14 13 settlement or judgment obtained against that person arising 14 14 out of any actual or alleged act, error, or omission that 14 15 occurred within the scope of commission employment, duties, 14 16 or responsibilities, or that such person had a reasonable 14 17 basis for believing occurred within the scope of commission 14 18 employment, duties, or responsibilities, provided that the 14 19 actual or alleged act, error, or omission did not result from 14 20 the intentional, willful, or wanton misconduct of that person. 14 21 8. Article VIII == Data system. 14 22 a. The commission shall provide for the development, 14 23 maintenance, and utilization of a coordinated database and 14 24 reporting system containing licensure, adverse action, and 14 25 investigative information on all licensed individuals in member 14 26 states. 14 27 b. Notwithstanding any other provision of state law to 14 28 the contrary, a member state shall submit a uniform data set 14 29 to the data system on all individuals to whom this compact 14 30 is applicable as required by the rules of the commission, 14 31 including all of the following: 14 32 (1) Identifying information. 14 33 (2) Licensure data. 14 34 (3) Adverse actions against a license or compact privilege. 14 35 (4) Nonconfidential information related to alternative 15 1 program participation. 15 2 (5) Any denial of application for licensure, and the reason 15 3 for such denial. 15 4 (6) Other information that may facilitate the 15 5 administration of this compact, as determined by the rules of 15 6 the commission. 15 7 c. Investigative information pertaining to a licensee in any 15 8 member state will only be available to other party states. 15 9 d. The commission shall promptly notify all member states of 15 10 any adverse action taken against a licensee or an individual 15 11 applying for a license. Adverse action information pertaining 15 12 to a licensee in any member state will be available to any 15 13 other member state. 15 14 e. Member states contributing information to the data 15 15 system may designate information that may not be shared with 15 16 the public without the express permission of the contributing 15 17 state. 15 18 f. Any information submitted to the data system that is 15 19 subsequently required to be expunged by the laws of the member 15 20 state contributing the information shall be removed from the 15 21 data system. 15 22 9. Article IX == Rulemaking. 15 23 a. The commission shall exercise its rulemaking powers 15 24 pursuant to the criteria set forth in this section and the 15 25 rules adopted thereunder. Rules and amendments shall become 15 26 binding as of the date specified in each rule or amendment. 15 27 b. If a majority of the legislatures of the member states 15 28 rejects a rule, by enactment of a statute or resolution in the 15 29 same manner used to adopt the compact within four years of the 15 30 date of adoption of the rule, then such rule shall have no 15 31 further force and effect in any member state. 15 32 c. Rules or amendments to the rules shall be adopted at a 15 33 regular or special meeting of the commission. 15 34 d. Prior to promulgation and adoption of a final rule or 15 35 rules by the commission, and at least thirty days in advance 16 1 of the meeting at which the rule will be considered and voted 16 2 upon, the commission shall file a notice of proposed rulemaking 16 3 as follows: 16 4 (1) On the internet site of the commission or other publicly 16 5 accessible platform. 16 6 (2) On the internet site of each member state physical 16 7 therapy licensing board or other publicly accessible platform 16 8 or the publication in which each state would otherwise publish 16 9 proposed rules. 16 10 e. The notice of proposed rulemaking shall include all of 16 11 the following: 16 12 (1) The proposed time, date, and location of the meeting in 16 13 which the rule will be considered and voted upon. 16 14 (2) The text of the proposed rule or amendment and the 16 15 reason for the proposed rule. 16 16 (3) A request for comments on the proposed rule from any 16 17 interested person. 16 18 (4) The manner in which interested persons may submit notice 16 19 to the commission of their intention to attend the public 16 20 hearing and any written comments. 16 21 f. Prior to adoption of a proposed rule, the commission 16 22 shall allow persons to submit written data, facts, opinions, 16 23 and arguments, which shall be made available to the public. 16 24 g. The commission shall grant an opportunity for a public 16 25 hearing before it adopts a rule or amendment if a hearing is 16 26 requested by any of the following: 16 27 (1) At least twenty=five persons. 16 28 (2) A state or federal governmental subdivision or agency. 16 29 (3) An association having at least twenty=five members. 16 30 h. If a hearing is held on the proposed rule or amendment, 16 31 the commission shall publish the place, time, and date of 16 32 the scheduled public hearing. If the hearing is held via 16 33 electronic means, the commission shall publish the mechanism 16 34 for access to the electronic hearing. 16 35 (1) All persons wishing to be heard at the hearing shall 17 1 notify the executive director of the commission or other 17 2 designated member in writing of their desire to appear and 17 3 testify at the hearing not less than five business days before 17 4 the scheduled date of the hearing. 17 5 (2) Hearings shall be conducted in a manner providing each 17 6 person who wishes to comment a fair and reasonable opportunity 17 7 to comment orally or in writing. 17 8 (3) All hearings will be recorded. A copy of the recording 17 9 will be made available on request. 17 10 (4) Nothing in this section shall be construed as requiring 17 11 a separate hearing on each rule. Rules may be grouped for the 17 12 convenience of the commission at hearings required by this 17 13 section. 17 14 i. Following the scheduled hearing date, or by the close 17 15 of business on the scheduled hearing date if the hearing was 17 16 not held, the commission shall consider all written and oral 17 17 comments received. 17 18 j. If no written notice of intent to attend the public 17 19 hearing by interested parties is received, the commission may 17 20 proceed with promulgation of the proposed rule without a public 17 21 hearing. 17 22 k. The commission shall, by majority vote of all members, 17 23 take final action on the proposed rule and shall determine the 17 24 effective date of the rule, if any, based on the rulemaking 17 25 record and the full text of the rule. 17 26 l. Upon determination that an emergency exists, the 17 27 commission may consider and adopt an emergency rule without 17 28 prior notice, opportunity for comment, or hearing, provided 17 29 that the usual rulemaking procedures provided in the compact 17 30 and in this section shall be retroactively applied to the rule 17 31 as soon as reasonably possible, in no event later than ninety 17 32 days after the effective date of the rule. For the purposes of 17 33 this provision, an emergency rule is one that must be adopted 17 34 immediately in order to do any of the following: 17 35 (1) Meet an imminent threat to public health, safety, or 18 1 welfare. 18 2 (2) Prevent a loss of commission or member state funds. 18 3 (3) Meet a deadline for the promulgation of an 18 4 administrative rule that is established by federal law or rule. 18 5 (4) Protect public health and safety. 18 6 m. The commission or an authorized committee of the 18 7 commission may direct revisions to a previously adopted rule 18 8 or amendment for purposes of correcting typographical errors, 18 9 errors in format, errors in consistency, or grammatical 18 10 errors. Public notice of any revisions shall be posted on 18 11 the internet site of the commission. The revision shall be 18 12 subject to challenge by any person for a period of thirty days 18 13 after posting. The revision may be challenged only on grounds 18 14 that the revision results in a material change to a rule. A 18 15 challenge shall be made in writing, and delivered to the chair 18 16 of the commission prior to the end of the notice period. If 18 17 no challenge is made, the revision will take effect without 18 18 further action. If the revision is challenged, the revision 18 19 may not take effect without the approval of the commission. 18 20 10. Article X == Oversight, dispute resolution, and 18 21 enforcement. 18 22 a. Oversight. 18 23 (1) The executive, legislative, and judicial branches 18 24 of state government in each member state shall enforce this 18 25 compact and take all actions necessary and appropriate to 18 26 effectuate the compact's purposes and intent. The provisions 18 27 of this compact and the rules promulgated hereunder shall have 18 28 standing as statutory law. 18 29 (2) All courts shall take judicial notice of the compact 18 30 and the rules in any judicial or administrative proceeding in a 18 31 member state pertaining to the subject matter of this compact 18 32 which may affect the powers, responsibilities, or actions of 18 33 the commission. 18 34 (3) The commission shall be entitled to receive service 18 35 of process in any such proceeding, and shall have standing to 19 1 intervene in such a proceeding for all purposes. Failure to 19 2 provide service of process to the commission shall render a 19 3 judgment or order void as to the commission, this compact, or 19 4 promulgated rules. 19 5 b. Default, technical assistance, and termination. 19 6 (1) If the commission determines that a member state 19 7 has defaulted in the performance of its obligations or 19 8 responsibilities under this compact or the promulgated rules, 19 9 the commission shall do all of the following: 19 10 (a) Provide written notice to the defaulting state and other 19 11 member states of the nature of the default, the proposed means 19 12 of curing the default, or any other action to be taken by the 19 13 commission. 19 14 (b) Provide remedial training and specific technical 19 15 assistance regarding the default. 19 16 (2) If a state in default fails to cure the default, the 19 17 defaulting state may be terminated from the compact upon an 19 18 affirmative vote of a majority of the member states, and all 19 19 rights, privileges, and benefits conferred by this compact may 19 20 be terminated on the effective date of termination. A cure of 19 21 the default does not relieve the offending state of obligations 19 22 or liabilities incurred during the period of default. 19 23 (3) Termination of membership in the compact shall be 19 24 imposed only after all other means of securing compliance have 19 25 been exhausted. Notice of intent to suspend or terminate shall 19 26 be given by the commission to the governor, the majority and 19 27 minority leaders of the defaulting state's legislature, and 19 28 each of the member states. 19 29 (4) A state that has been terminated is responsible for 19 30 all assessments, obligations, and liabilities incurred through 19 31 the effective date of termination, including obligations that 19 32 extend beyond the effective date of termination. 19 33 (5) The commission shall not bear any costs related 19 34 to a state that is found to be in default or that has been 19 35 terminated from the compact unless agreed upon in writing 20 1 between the commission and the defaulting state. 20 2 (6) The defaulting state may appeal the action of the 20 3 commission by petitioning the United States district court 20 4 for the District of Columbia or the federal district where 20 5 the commission has its principal offices. The prevailing 20 6 member shall be awarded all costs of such litigation, including 20 7 reasonable attorney fees. 20 8 c. Dispute resolution. 20 9 (1) Upon request by a member state, the commission shall 20 10 attempt to resolve disputes related to the compact that arise 20 11 among member states and between member and nonmember states. 20 12 (2) The commission shall promulgate a rule providing for 20 13 both mediation and binding dispute resolution for disputes as 20 14 appropriate. 20 15 d. Enforcement. 20 16 (1) The commission, in the reasonable exercise of its 20 17 discretion, shall enforce the provisions and rules of this 20 18 compact. 20 19 (2) By majority vote, the commission may initiate legal 20 20 action in the United States district court for the District 20 21 of Columbia or the federal district where the commission has 20 22 its principal offices against a member state in default to 20 23 enforce compliance with the provisions of the compact and its 20 24 promulgated rules and bylaws. The relief sought may include 20 25 both injunctive relief and damages. In the event judicial 20 26 enforcement is necessary, the prevailing member shall be 20 27 awarded all costs of such litigation, including reasonable 20 28 attorney fees. 20 29 (3) The remedies herein shall not be the exclusive remedies 20 30 of the commission. The commission may pursue any other 20 31 remedies available under federal or state law. 20 32 11. Article XI == Date of implementation of the interstate 20 33 commission for physical therapy practice and associated rules, 20 34 withdrawal, and amendment. 20 35 a. The compact shall come into effect on the date on 21 1 which the compact statute is enacted into law in the tenth 21 2 member state. The provisions, which become effective at 21 3 that time, shall be limited to the powers granted to the 21 4 commission relating to assembly and the promulgation of rules. 21 5 Thereafter, the commission shall meet and exercise rulemaking 21 6 powers necessary to the implementation and administration of 21 7 the compact. 21 8 b. Any state that joins the compact subsequent to the 21 9 commission's initial adoption of the rules shall be subject 21 10 to the rules as they exist on the date on which the compact 21 11 becomes law in that state. Any rule that has been previously 21 12 adopted by the commission shall have the full force and effect 21 13 of law on the day the compact becomes law in that state. 21 14 c. Any member state may withdraw from this compact by 21 15 enacting a statute repealing the same. 21 16 (1) A member state's withdrawal shall not take effect until 21 17 six months after enactment of the repealing statute. 21 18 (2) Withdrawal shall not affect the continuing requirement 21 19 of the withdrawing state's physical therapy licensing board 21 20 to comply with the investigative and adverse action reporting 21 21 requirements of this compact prior to the effective date of 21 22 withdrawal. 21 23 d. Nothing contained in this compact shall be construed to 21 24 invalidate or prevent any physical therapy licensure agreement 21 25 or other cooperative arrangement between a member state and a 21 26 nonmember state that does not conflict with the provisions of 21 27 this compact. 21 28 e. This compact may be amended by the member states. No 21 29 amendment to this compact shall become effective and binding 21 30 upon any member state until it is enacted into the laws of all 21 31 member states. 21 32 12. Article XII == Construction and severability. 21 33 This compact shall be liberally construed so as to 21 34 effectuate the purposes thereof. The provisions of this 21 35 compact shall be severable, and if any phrase, clause, 22 1 sentence, or provision of this compact is declared to be 22 2 contrary to the constitution of any party state or of the 22 3 United States or the applicability thereof to any government, 22 4 agency, person, or circumstance is held invalid, the validity 22 5 of the remainder of this compact and the applicability thereof 22 6 to any government, agency, person, or circumstance shall not 22 7 be affected thereby. If this compact shall be held to be 22 8 contrary to the constitution of any party state, the compact 22 9 shall remain in full force and effect as to the remaining party 22 10 states and in full force and effect as to the party state 22 11 affected as to all severable matters. 22 12 EXPLANATION 22 13 The inclusion of this explanation does not constitute agreement with 22 14 the explanation's substance by the members of the general assembly. 22 15 This bill adopts the interstate physical therapy licensure 22 16 compact. The compact grants Iowa the authority to obtain 22 17 biometric information from applicants for physical therapy 22 18 licensure and to submit such information to the federal bureau 22 19 of investigation for a criminal background check. 22 20 The compact instructs member states to grant the compact 22 21 privilege to practice physical therapy to a person holding a 22 22 valid license to practice physical therapy in another member 22 23 state that is unencumbered, or not limited in any way. A 22 24 licensee seeking to exercise the compact privilege must not 22 25 have an encumbered license to practice physical therapy in 22 26 any state, must not have had any adverse action taken against 22 27 any such license or compact privilege in the previous two 22 28 years, must notify the physical therapy compact commission 22 29 (commission) that the licensee is seeking the compact 22 30 privilege, pass any tests regarding the rules of practicing 22 31 physical therapy required by the state in which the licensee 22 32 seeks to practice, and report to the commission any adverse 22 33 action taken against the licensee by the physical therapy 22 34 board of a nonmember state within 30 days. A member state may 22 35 charge a fee to a person applying for a compact privilege. A 23 1 compact privilege remains valid until the licensee's license to 23 2 practice physical therapy expires or until the license becomes 23 3 encumbered. 23 4 Under the compact, the state that granted a licensee's 23 5 license retains exclusive authority to discipline that license. 23 6 However, any member of the compact may investigate any actual 23 7 or alleged violations of the statutes and rules governing 23 8 the practice of physical therapy of another state. A state 23 9 that has granted a licensee a compact privilege may take 23 10 disciplinary actions against that compact privilege. Member 23 11 states may also engage in joint investigations of licensees. 23 12 The compact establishes a commission, consisting of one 23 13 delegate from each member state's physical therapy licensing 23 14 board, to promulgate rules and bylaws relating to the governing 23 15 of the compact; purchase, accept, borrow, and dispose of 23 16 property and money; appoint committees; cooperate with law 23 17 enforcement; establish and elect an executive board; and 23 18 perform such other functions as may be necessary or appropriate 23 19 to achieve the purposes of the compact. Any rules promulgated 23 20 by the commission shall be preceded by a notice at least 30 23 21 days before the meeting at which a rule will be considered 23 22 and voted upon, as well as an opportunity to submit written 23 23 comments, unless the commission determines that an emergency 23 24 exists. The commission shall grant an opportunity for a public 23 25 hearing if such a hearing is requested by at least 25 persons, 23 26 a state or federal governmental subdivision or agency, or an 23 27 association having at least 25 members. A rule adopted by the 23 28 commission shall have no further effect in any member state 23 29 if a majority of legislatures in member states adopt statutes 23 30 rejecting the rule within four years of the date of adoption 23 31 of the rule. 23 32 The commission may also levy annual assessments or other 23 33 fees against member states or other parties to cover the 23 34 costs of the operation of the commission. Except for certain 23 35 meetings relating to private or confidential information that 24 1 are certified to be subject to closure by the commission's 24 2 legal counsel, meetings of the committee shall be open to 24 3 the public and preceded by public notice. The members, 24 4 officers, executive director, employees, and representatives 24 5 of the commission are immune from suit for damages caused by 24 6 or arising from actions taken within the scope of commission 24 7 employment, provided that the immunity shall not extend to 24 8 intentional, willful, or wanton misconduct. The commission 24 9 shall defend, indemnify, and hold harmless any member, officer, 24 10 executive director, employee, or representative sued for 24 11 actions taken within the scope of commission employment, unless 24 12 the person intentionally, willfully, or wantonly committed 24 13 misconduct. 24 14 The executive board shall consist of seven voting members, 24 15 elected from among current members of the commission, and two 24 16 nonvoting members, one each from the national physical therapy 24 17 professional association and the membership organization of the 24 18 physical therapy licensing boards. The nonvoting members shall 24 19 be selected by their respective organizations. The executive 24 20 board shall recommend to the commission changes to laws, rules, 24 21 and bylaws governing the compact, ensure that administrative 24 22 services are appropriately provided, prepare and recommend the 24 23 budget, maintain financial records on behalf of the commission, 24 24 monitor compliance of member states with the compact and 24 25 provide compliance reports to the committee, establish 24 26 committees, and perform other duties provided for in bylaws. 24 27 The compact instructs the commission to create a database 24 28 and reporting system containing licensure, adverse action, and 24 29 investigative information on all licensed persons in member 24 30 states. Investigative information pertaining to a licensee 24 31 shall only be available to party states. A member state 24 32 contributing information to the system may designate that the 24 33 information shall not be shared with the public without the 24 34 express permission of the member state. The commission shall 24 35 notify all member states of any adverse action taken against a 25 1 licensee or an individual applying for a license. 25 2 The compact grants the commission the authority to receive 25 3 service of process for and intervene in any judicial proceeding 25 4 that may affect the powers, responsibilities, or actions of 25 5 the commission. A failure to provide such service renders 25 6 a judgment void as to the commission, the compact, and any 25 7 promulgated rules. 25 8 If the commission determines that a member state has 25 9 defaulted in its duties or obligations under the compact or 25 10 promulgated rules, it shall notify all member states as to 25 11 the nature of the default, the proposed means of curing the 25 12 default, and any other actions to be taken by the commission. 25 13 The commission shall also provide remedial training and 25 14 technical assistance regarding the default. If a member state 25 15 fails to cure a default after all other means of securing 25 16 compliance have been exhausted, the member state may be 25 17 terminated from the compact upon an affirmative vote of a 25 18 majority of member states. A defaulting state may appeal the 25 19 action of the commission by petitioning the United States 25 20 district court for the District of Columbia or the federal 25 21 district where the commission has its principal offices. 25 22 The commission may also, following an affirmative vote of a 25 23 majority of members, initiate legal action against a defaulting 25 24 state in the United States district court for the District of 25 25 Columbia or the federal district where the commission has its 25 26 principal offices. 25 27 A member state may withdraw from the compact by enacting a 25 28 statute repealing it. Such a withdrawal shall not take effect 25 29 until six months after the enactment of the statute. Member 25 30 states may amend the compact, but any such amendments are not 25 31 effective or binding upon any member state until all member 25 32 states enact the amendment into their laws. LSB 5668YH (8) 87 ss/rh
