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AB438,25,2417 3. The commission shall indemnify and hold harmless any member, officer,
18executive director, employee, or representative of the commission for the amount of
19any settlement or judgment obtained against that person arising out of any actual
20or alleged act, error, or omission that occurred within the scope of commission
21employment, duties, or responsibilities, or that such person had a reasonable basis
22for believing occurred within the scope of commission employment, duties, or
23responsibilities, provided that the actual or alleged act, error, or omission did not
24result from the intentional or willful or wanton misconduct of that person.
AB438,26,4
1(8) Data system. (a) The commission shall provide for the development,
2maintenance, and utilization of a coordinated database and reporting system
3containing licensure, adverse action, and investigative information on all licensed
4individuals in member states.
AB438,26,85 (b) Notwithstanding any other provision of state law to the contrary, a member
6state shall submit a uniform data set to the data system on all individuals to whom
7this compact is applicable as required by the rules of the commission, including all
8of the following:
AB438,26,99 1. Identifying information.
AB438,26,1010 2. Licensure data.
AB438,26,1111 3. Adverse actions against a license or compact privilege.
AB438,26,1212 4. Nonconfidential information related to alternative program participation.
AB438,26,1313 5. Any denial of application for licensure, and the reason(s) for such denial.
AB438,26,1514 6. Other information that may facilitate the administration of this compact, as
15determined by the rules of the commission.
AB438,26,1716 (c) Investigative information pertaining to a licensee in any member state will
17only be available to other party states.
AB438,26,2118 (d) The commission shall promptly notify all member states of any adverse
19action taken against a licensee or an individual applying for a license. Adverse action
20information pertaining to a licensee in any member state will be available to any
21other member state.
AB438,26,2422 (e) Member states contributing information to the data system may designate
23information that may not be shared with the public without the express permission
24of the contributing state.
AB438,27,3
1(f) Any information submitted to the data system that is subsequently required
2to be expunged by the laws of the member state contributing the information shall
3be removed from the data system.
AB438,27,7 4(9) Rule making. (a) The commission shall exercise its rule-making powers
5pursuant to the criteria set forth in this section and the rules adopted thereunder.
6Rules and amendments shall become binding as of the date specified in each rule or
7amendment.
AB438,27,118 (b) If a majority of the legislatures of the member states rejects a rule, by
9enactment of a statute or resolution in the same manner used to adopt the compact
10within 4 years of the date of adoption of the rule, then such rule shall have no further
11force and effect in any member state.
AB438,27,1312 (c) Rules or amendments to the rules shall be adopted at a regular or special
13meeting of the commission.
AB438,27,1714 (d) Prior to promulgation and adoption of a final rule or rules by the
15commission, and at least 30 days in advance of the meeting at which the rule will be
16considered and voted upon, the commission shall file a notice of proposed rule
17making at all of the following:
AB438,27,1818 1. On the website of the commission or other publicly accessible platform.
AB438,27,2119 2. On the website of each member state physical therapy licensing board or
20other publicly accessible platform or the publication in which each state would
21otherwise publish proposed rules.
AB438,27,2222 (e) The notice of proposed rule making shall include all of the following:
AB438,27,2423 1. The proposed time, date, and location of the meeting in which the rule will
24be considered and voted upon.
AB438,28,2
12. The text of the proposed rule or amendment and the reason for the proposed
2rule.
AB438,28,33 3. A request for comments on the proposed rule from any interested person.
AB438,28,64 4. The manner in which interested persons may submit notice to the
5commission of their intention to attend the public hearing and any written
6comments.
AB438,28,97 (f) Prior to adoption of a proposed rule, the commission shall allow persons to
8submit written data, facts, opinions, and arguments, which shall be made available
9to the public.
AB438,28,1110 (g) The commission shall grant an opportunity for a public hearing before it
11adopts a rule or amendment if a hearing is requested by any of the following:
AB438,28,1212 1. At least 25 persons.
AB438,28,1313 2. A state or federal governmental subdivision or agency.
AB438,28,1414 3. An association having at least 25 members.
AB438,28,1815 (h) 1. If a hearing is held on the proposed rule or amendment, the commission
16shall publish the place, time, and date of the scheduled public hearing. If the hearing
17is held via electronic means, the commission shall publish the mechanism for access
18to the electronic hearing.
AB438,28,2219 2. All persons wishing to be heard at the hearing shall notify the executive
20director of the commission or other designated member in writing of their desire to
21appear and testify at the hearing not less than 5 business days before the scheduled
22date of the hearing.
AB438,28,2423 3. Hearings shall be conducted in a manner providing each person who wishes
24to comment a fair and reasonable opportunity to comment orally or in writing.
AB438,29,2
14. All hearings will be recorded. A copy of the recording will be made available
2on request.
AB438,29,53 5. Nothing in this section shall be construed as requiring a separate hearing
4on each rule. Rules may be grouped for the convenience of the commission at
5hearings required by this section.
AB438,29,86 (i) Following the scheduled hearing date, or by the close of business on the
7scheduled hearing date if the hearing was not held, the commission shall consider
8all written and oral comments received.
AB438,29,119 (j) If no written notice of intent to attend the public hearing by interested
10parties is received, the commission may proceed with promulgation of the proposed
11rule without a public hearing.
AB438,29,1412 (k) The commission shall, by majority vote of all members, take final action on
13the proposed rule and shall determine the effective date of the rule, if any, based on
14the rule-making record and the full text of the rule.
AB438,29,2115 (L) Upon determination that an emergency exists, the commission may
16consider and adopt an emergency rule without prior notice, opportunity for
17comment, or hearing, provided that the usual rule-making procedures provided in
18the compact and in this section shall be retroactively applied to the rule as soon as
19reasonably possible, in no event later than 90 days after the effective date of the rule.
20For the purposes of this provision, an emergency rule is one that must be adopted
21immediately in order to do any of the following:
AB438,29,2222 1. Meet an imminent threat to public health, safety, or welfare.
AB438,29,2323 2. Prevent a loss of commission or member state funds.
AB438,29,2524 3. Meet a deadline for the promulgation of an administrative rule that is
25established by federal law or rule.
AB438,30,1
14. Protect public health and safety.
AB438,30,112 (m) The commission or an authorized committee of the commission may direct
3revisions to a previously adopted rule or amendment for purposes of correcting
4typographical errors, errors in format, errors in consistency, or grammatical errors.
5Public notice of any revisions shall be posted on the website of the commission. The
6revision shall be subject to challenge by any person for a period of 30 days after
7posting. The revision may be challenged only on grounds that the revision results
8in a material change to a rule. A challenge shall be made in writing, and delivered
9to the chair of the commission prior to the end of the notice period. If no challenge
10is made, the revision will take effect without further action. If the revision is
11challenged, the revision may not take effect without the approval of the commission.
AB438,30,16 12(10) Oversight, dispute resolution, and enforcement. (a) Oversight. 1. The
13executive, legislative, and judicial branches of state government in each member
14state shall enforce this compact and take all actions necessary and appropriate to
15effectuate the compact's purposes and intent. The provisions of this compact and the
16rules promulgated hereunder shall have standing as statutory law.
AB438,30,2017 2. All courts shall take judicial notice of the compact and the rules in any
18judicial or administrative proceeding in a member state pertaining to the subject
19matter of this compact which may affect the powers, responsibilities, or actions of the
20commission.
AB438,30,2421 3. The commission shall be entitled to receive service of process in any such
22proceeding, and shall have standing to intervene in such a proceeding for all
23purposes. Failure to provide service of process to the commission shall render a
24judgment or order void as to the commission, this compact, or promulgated rules.
AB438,31,4
1(b) Default, technical assistance, and termination. 1. If the commission
2determines that a member state has defaulted in the performance of its obligations
3or responsibilities under this compact or the promulgated rules, the commission
4shall do all of the following:
AB438,31,75 a. Provide written notice to the defaulting state and other member states of the
6nature of the default, the proposed means of curing the default, and/or any other
7action to be taken by the commission.
AB438,31,98 b. Provide remedial training and specific technical assistance regarding the
9default.
AB438,31,1410 2. If a state in default fails to cure the default, the defaulting state may be
11terminated from the compact upon an affirmative vote of a majority of the member
12states, and all rights, privileges, and benefits conferred by this compact may be
13terminated on the effective date of termination. A cure of the default does not relieve
14the offending state of obligations or liabilities incurred during the period of default.
AB438,31,1915 3. Termination of membership in the compact shall be imposed only after all
16other means of securing compliance have been exhausted. Notice of intent to
17suspend or terminate shall be given by the commission to the governor, the majority
18and minority leaders of the defaulting state's legislature, and each of the member
19states.
AB438,31,2220 4. A state that has been terminated is responsible for all assessments,
21obligations, and liabilities incurred through the effective date of termination,
22including obligations that extend beyond the effective date of termination.
AB438,31,2523 5. The commission shall not bear any costs related to a state that is found to
24be in default or that has been terminated from the compact, unless agreed upon in
25writing between the commission and the defaulting state.
AB438,32,4
16. The defaulting state may appeal the action of the commission by petitioning
2the U.S. District Court for the District of Columbia or the federal district where the
3commission has its principal offices. The prevailing member shall be awarded all
4costs of such litigation, including reasonable attorney's fees.
AB438,32,75 (c) Dispute resolution. 1. Upon request by a member state, the commission
6shall attempt to resolve disputes related to the compact that arise among member
7states and between member and nonmember states.
AB438,32,98 2. The commission shall promulgate a rule providing for both mediation and
9binding dispute resolution for disputes as appropriate.
AB438,32,1110 (d) Enforcement. 1. The commission, in the reasonable exercise of its
11discretion, shall enforce the provisions and rules of this compact.
AB438,32,1812 2. By majority vote, the commission may initiate legal action in the U.S.
13District Court for the District of Columbia or the federal district where the
14commission has its principal offices against a member state in default to enforce
15compliance with the provisions of the compact and its promulgated rules and bylaws.
16The relief sought may include both injunctive relief and damages. In the event
17judicial enforcement is necessary, the prevailing member shall be awarded all costs
18of such litigation, including reasonable attorney's fees.
AB438,32,2019 3. The remedies herein shall not be the exclusive remedies of the commission.
20The commission may pursue any other remedies available under federal or state law.
AB438,33,3 21(11) Date of implementation of the interstate commission for physical
22therapy practice and associated rules, withdrawal, and amendments.
(a) The
23compact shall come into effect on the date on which the compact statute is enacted
24into law in the 10th member state. The provisions, which become effective at that
25time, shall be limited to the powers granted to the commission relating to assembly

1and the promulgation of rules. Thereafter, the commission shall meet and exercise
2rule-making powers necessary to the implementation and administration of the
3compact.
AB438,33,84 (b) Any state that joins the compact subsequent to the commission's initial
5adoption of the rules shall be subject to the rules as they exist on the date on which
6the compact becomes law in that state. Any rule that has been previously adopted
7by the commission shall have the full force and effect of law on the day the compact
8becomes law in that state.
AB438,33,109 (c) 1. Any member state may withdraw from this compact by enacting a statute
10repealing the same.
AB438,33,1211 2. A member state's withdrawal shall not take effect until 6 months after
12enactment of the repealing statute.
AB438,33,1513 3. Withdrawal shall not affect the continuing requirement of the withdrawing
14state's physical therapy licensing board to comply with the investigative and adverse
15action reporting requirements of this act prior to the effective date of withdrawal.
AB438,33,1916 (d) Nothing contained in this compact shall be construed to invalidate or
17prevent any physical therapy licensure agreement or other cooperative arrangement
18between a member state and a nonmember state that does not conflict with the
19provisions of this compact.
AB438,33,2220 (e) This compact may be amended by the member states. No amendment to this
21compact shall become effective and binding upon any member state until it is enacted
22into the laws of all member states.
AB438,34,7 23(12) Construction and severability. This compact shall be liberally construed
24so as to effectuate the purposes thereof. The provisions of this compact shall be
25severable and if any phrase, clause, sentence, or provision of this compact is declared

1to be contrary to the constitution of any party state or of the United States or the
2applicability thereof to any government, agency, person, or circumstance is held
3invalid, the validity of the remainder of this compact and the applicability thereof to
4any government, agency, person, or circumstance shall not be affected thereby. If this
5compact shall be held contrary to the constitution of any party state, the compact
6shall remain in full force and effect as to the remaining party states and in full force
7and effect as to the party state affected as to all severable matters.
AB438,24 8Section 24 . 448.986 of the statutes is created to read:
AB438,34,10 9448.986 Implementation of the physical therapy licensure compact.
10(1) In this section:
AB438,34,1111 (a) “Compact” means the physical therapy licensure compact under s. 448.985.
AB438,34,1312 (b) “Compact privilege” means a compact privilege, as defined in s. 448.985 (2)
13(d), that is granted under the compact to an individual to practice in this state.
AB438,34,1414 (c) “Examining board” means the physical therapy examining board.
AB438,34,16 15(2) The department may impose a fee for an individual to receive a compact
16privilege as provided in s. 448.985 (3) (d).
AB438,34,20 17(3) The examining board may, by rule, require an individual seeking a compact
18privilege to meet a jurisprudence requirement in accordance with s. 448.985 (4) (a)
197., if such a requirement is imposed by the examining board under s. 448.54 in order
20to obtain a license under s. 448.53 or 448.535.
AB438,34,22 21(4) (a) An individual who holds a compact privilege shall comply with s. 440.03
22(13) (am).
AB438,35,223 (b) Subject to s. 448.985 and any rules promulgated thereunder, ss. 440.20 to
24440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who

1holds a compact privilege in the same manner that they apply to holders of licenses
2issued under subch. III.
AB438,25 3Section 25 . 450.10 (3) (a) 5. of the statutes is amended to read:
AB438,35,74 450.10 (3) (a) 5. A physician, physician assistant, podiatrist, physical
5therapist, physical therapist assistant, occupational therapist, or occupational
6therapy assistant licensed under ch. 448 or a physical therapist or physical therapist
7assistant who holds a compact privilege under subch. IX of ch. 448
.
AB438,26 8Section 26 . 451.02 (1) of the statutes is amended to read:
AB438,35,129 451.02 (1) An individual holding a license, permit or certificate under ch. 441,
10446, 447, 448, or 449 or a compact privilege under subch. IX of ch. 448 who engages
11in a practice of acupuncture that is also included within the scope of his or her license,
12permit or certificate.
AB438,27 13Section 27 . 462.04 of the statutes is amended to read:
AB438,35,22 14462.04 Prescription or order required. A person who holds a license or
15limited X-ray machine operator permit under this chapter may not use diagnostic
16X-ray equipment on humans for diagnostic purposes unless authorized to do so by
17prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed
18under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed
19under s. 446.02, an advanced practice nurse certified under s. 441.16 (2), a physician
20assistant licensed under s. 448.04 (1) (f), or, subject to s. 448.56 (7) (a), a physical
21therapist who is licensed under s. 448.53 or who holds a compact privilege under
22subch. IX of ch. 448
.
AB438,28 23Section 28 . Nonstatutory provisions.
AB438,36,724 (1) The physical therapy examining board and the department of safety and
25professional services may promulgate emergency rules under s. 227.24 necessary to

1implement this act. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules
2promulgated under this subsection remain in effect until May 1, 2021, or the date on
3which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24
4(1) (a) and (3), neither the board nor the department is required to provide evidence
5that promulgating a rule under this subsection as an emergency rule is necessary for
6the preservation of the public peace, health, safety, or welfare or provide a finding
7of emergency for a rule promulgated under this subsection.
AB438,29 8Section 29 . Effective dates. This act takes effect on the day after publication,
9except as follows:
AB438,36,1310 (1) The repeal and recreation of ss. 440.03 (13) (b) (intro.) and 440.15 takes
11effect on December 16, 2019, or on the day after publication, whichever occurs later,
12except that if either 2019 Assembly Bill 70 or 2019 Senate Bill 74 is enacted into law,
13the repeal and recreation of ss. 440.03 (13) (b) (intro.) and 440.15 is void.
AB438,36,1414 (End)
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