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AB438,16,1212 3. Two years have elapsed from the date of the adverse action.
AB438,16,1413 (h) Once the requirements of par. (g) have been met, the license must meet the
14requirements in par. (a) to obtain a compact privilege in a remote state.
AB438,16,17 15(5) Active duty military personnel or their spouses. A licensee who is active
16duty military or is the spouse of an individual who is active duty military may
17designate one of the following as the home state:
AB438,16,1818 (a) Home of record.
AB438,16,1919 (b) Permanent change of station (PCS).
AB438,16,2120 (c) State of current residence if it is different than the PCS state or home of
21record.
AB438,16,23 22(6) Adverse actions. (a) A home state shall have exclusive power to impose
23adverse action against a license issued by the home state.
AB438,17,3
1(b) A home state may take adverse action based on the investigative
2information of a remote state, so long as the home state follows its own procedures
3for imposing adverse action.
AB438,17,104 (c) Nothing in this compact shall override a member state's decision that
5participation in an alternative program may be used in lieu of adverse action and
6that such participation shall remain nonpublic if required by the member state's
7laws. Member states must require licensees who enter any alternative programs in
8lieu of discipline to agree not to practice in any other member state during the term
9of the alternative program without prior authorization from such other member
10state.
AB438,17,1411 (d) Any member state may investigate actual or alleged violations of the
12statutes and rules authorizing the practice of physical therapy in any other member
13state in which a physical therapist or physical therapist assistant holds a license or
14compact privilege.
AB438,17,1515 (e) A remote state shall have the authority to do all of the following:
AB438,17,1716 1. Take adverse actions as set forth in sub. (4) (d) against a licensee's compact
17privilege in the state.
AB438,18,218 2. Issue subpoenas for both hearings and investigations that require the
19attendance and testimony of witnesses, and the production of evidence. Subpoenas
20issued by a physical therapy licensing board in a party state for the attendance and
21testimony of witnesses, and/or the production of evidence from another party state,
22shall be enforced in the latter state by any court of competent jurisdiction, according
23to the practice and procedure of that court applicable to subpoenas issued in
24proceedings pending before it. The issuing authority shall pay any witness fees,

1travel expenses, mileage, and other fees required by the service statutes of the state
2where the witnesses and/or evidence are located.
AB438,18,53 3. If otherwise permitted by state law, recover from the licensee the costs of
4investigations and disposition of cases resulting from any adverse action taken
5against that licensee.
AB438,18,66 (f) Joint investigations:
AB438,18,97 1. In addition to the authority granted to a member state by its respective
8physical therapy practice act or other applicable state law, a member state may
9participate with other member states in joint investigations of licensees.
AB438,18,1210 2. Member states shall share any investigative, litigation, or compliance
11materials in furtherance of any joint or individual investigation initiated under the
12compact.
AB438,18,15 13(7) Establishment of the physical therapy compact commission. (a) The
14compact member states hereby create and establish a joint public agency known as
15the physical therapy compact commission:
AB438,18,1616 1. The commission is an instrumentality of the compact states.
AB438,18,2117 2. Venue is proper and judicial proceedings by or against the commission shall
18be brought solely and exclusively in a court of competent jurisdiction where the
19principal office of the commission is located. The commission may waive venue and
20jurisdictional defenses to the extent it adopts or consents to participate in alternative
21dispute resolution proceedings.
AB438,18,2322 3. Nothing in this compact shall be construed to be a waiver of sovereign
23immunity.
AB438,18,2424 (b) Membership, voting, and meetings:
AB438,19,2
11. Each member state shall have and be limited to one delegate selected by that
2member state's licensing board.
AB438,19,53 2. The delegate shall be a current member of the licensing board, who is a
4physical therapist, physical therapist assistant, public member, or the board
5administrator.
AB438,19,76 3. Any delegate may be removed or suspended from office as provided by the
7law of the state from which the delegate is appointed.
AB438,19,88 4. The member state board shall fill any vacancy occurring in the commission.
AB438,19,119 5. Each delegate shall be entitled to one vote with regard to the promulgation
10of rules and creation of bylaws and shall otherwise have an opportunity to participate
11in the business and affairs of the commission.
AB438,19,1412 6. A delegate shall vote in person or by such other means as provided in the
13bylaws. The bylaws may provide for delegates' participation in meetings by
14telephone or other means of communication.
AB438,19,1615 7. The commission shall meet at least once during each calendar year.
16Additional meetings shall be held as set forth in the bylaws.
AB438,19,1717 (c) The commission shall have all of the following powers and duties:
AB438,19,1818 1. Establish the fiscal year of the commission.
AB438,19,1919 2. Establish bylaws.
AB438,19,2020 3. Maintain its financial records in accordance with the bylaws.
AB438,19,2221 4. Meet and take such actions as are consistent with the provisions of this
22compact and the bylaws.
AB438,19,2523 5. Promulgate uniform rules to facilitate and coordinate implementation and
24administration of this compact. The rules shall have the force and effect of law and
25shall be binding in all member states.
AB438,20,3
16. Bring and prosecute legal proceedings or actions in the name of the
2commission, provided that the standing of any state physical therapy licensing board
3to sue or be sued under applicable law shall not be affected.
AB438,20,44 7. Purchase and maintain insurance and bonds.
AB438,20,65 8. Borrow, accept, or contract for services of personnel, including, but not
6limited to, employees of a member state.
AB438,20,117 9. Hire employees, elect or appoint officers, fix compensation, define duties,
8grant such individuals appropriate authority to carry out the purposes of the
9compact, and to establish the commission's personnel policies and programs relating
10to conflicts of interest, qualifications of personnel, and other related personnel
11matters.
AB438,20,1512 10. Accept any and all appropriate donations and grants of money, equipment,
13supplies, materials, and services, and to receive, utilize, and dispose of the same;
14provided that at all times the commission shall avoid any appearance of impropriety
15and/or conflict of interest.
AB438,20,1816 11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to
17own, hold, improve, or use, any property, real, personal, or mixed; provided that at
18all times the commission shall avoid any appearance of impropriety.
AB438,20,2019 12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
20dispose of any property, real, personal, or mixed.
AB438,20,2121 13. Establish a budget and make expenditures.
AB438,20,2222 14. Borrow money.
AB438,21,223 15. Appoint committees, including standing committees composed of members,
24state regulators, state legislators or their representatives, and consumer

1representatives, and such other interested persons as may be designated in this
2compact and the bylaws.
AB438,21,43 16. Provide and receive information from, and cooperate with, law enforcement
4agencies.
AB438,21,55 17. Establish and elect an executive board.
AB438,21,86 18. Perform such other functions as may be necessary or appropriate to achieve
7the purposes of this compact consistent with the state regulation of physical therapy
8licensure and practice.
AB438,21,99 (d) The executive board:
AB438,21,1110 1. The executive board shall have the power to act on behalf of the commission
11according to the terms of this compact.
AB438,21,1212 2. The executive board shall be composed of nine members:
AB438,21,1413 a. Seven voting members who are elected by the commission from the current
14membership of the commission.
AB438,21,1615 b. One ex-officio, nonvoting member from the recognized national physical
16therapy professional association.
AB438,21,1817 c. One ex-officio, nonvoting member from the recognized membership
18organization of the physical therapy licensing boards.
AB438,21,1919 3. The ex-officio members will be selected by their respective organizations.
AB438,21,2120 4. The commission may remove any member of the executive board as provided
21in bylaws.
AB438,21,2222 5. The executive board shall meet at least annually.
AB438,21,2423 6. The executive board shall have all of the following duties and
24responsibilities:
AB438,22,3
1a. Recommend to the entire commission changes to the rules or bylaws, changes
2to this compact legislation, fees paid by compact member states such as annual dues,
3and any commission compact fee charged to licensees for the compact privilege.
AB438,22,54 b. Ensure compact administration services are appropriately provided,
5contractual or otherwise.
AB438,22,66 c. Prepare and recommend the budget.
AB438,22,77 d. Maintain financial records on behalf of the commission.
AB438,22,98 e. Monitor compact compliance of member states and provide compliance
9reports to the commission.
AB438,22,1010 f. Establish additional committees as necessary.
AB438,22,1111 g. Other duties as provided in rules or bylaws.
AB438,22,1212 (e) Meetings of the commission:
AB438,22,1513 1. All meetings shall be open to the public, and public notice of meetings shall
14be given in the same manner as required under the rule-making provisions in sub.
15(9).
AB438,22,1916 2. The commission or the executive board or other committees of the
17commission may convene in a closed, nonpublic meeting if the commission or
18executive board or other committees of the commission must discuss any of the
19following:
AB438,22,2020 a. Noncompliance of a member state with its obligations under the compact.
AB438,22,2321 b. The employment, compensation, discipline or other matters, practices, or
22procedures related to specific employees or other matters related to the commission's
23internal personnel practices and procedures.
AB438,22,2424 c. Current, threatened, or reasonably anticipated litigation.
AB438,23,2
1d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
2real estate.
AB438,23,33 e. Accusing any person of a crime or formally censuring any person.
AB438,23,54 f. Disclosure of trade secrets or commercial or financial information that is
5privileged or confidential.
AB438,23,76 g. Disclosure of information of a personal nature where disclosure would
7constitute a clearly unwarranted invasion of personal privacy.
AB438,23,88 h. Disclosure of investigative records compiled for law enforcement purposes.
AB438,23,129 i. Disclosure of information related to any investigative reports prepared by or
10on behalf of or for use of the commission or other committee charged with
11responsibility of investigation or determination of compliance issues pursuant to the
12compact.
AB438,23,1413 j. Matters specifically exempted from disclosure by federal or member state
14statute.
AB438,23,1715 3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
16commission's legal counsel or designee shall certify that the meeting may be closed
17and shall reference each relevant exempting provision.
AB438,23,2418 4. The commission shall keep minutes that fully and clearly describe all
19matters discussed in a meeting and shall provide a full and accurate summary of
20actions taken, and the reasons therefore, including a description of the views
21expressed. All documents considered in connection with an action shall be identified
22in such minutes. All minutes and documents of a closed meeting shall remain under
23seal, subject to release by a majority vote of the commission or order of a court of
24competent jurisdiction.
AB438,23,2525 (f) Financing of the commission:
AB438,24,2
11. The commission shall pay, or provide for the payment of, the reasonable
2expenses of its establishment, organization, and ongoing activities.
AB438,24,43 2. The commission may accept any and all appropriate revenue sources,
4donations, and grants of money, equipment, supplies, materials, and services.
AB438,24,115 3. The commission may levy on and collect an annual assessment from each
6member state or impose fees on other parties to cover the cost of the operations and
7activities of the commission and its staff, which must be in a total amount sufficient
8to cover its annual budget as approved each year for which revenue is not provided
9by other sources. The aggregate annual assessment amount shall be allocated based
10upon a formula to be determined by the commission, which shall promulgate a rule
11binding upon all member states.
AB438,24,1412 4. The commission shall not incur obligations of any kind prior to securing the
13funds adequate to meet the same; nor shall the commission pledge the credit of any
14of the member states, except by and with the authority of the member state.
AB438,24,2015 5. The commission shall keep accurate accounts of all receipts and
16disbursements. The receipts and disbursements of the commission shall be subject
17to the audit and accounting procedures established under its bylaws. However, all
18receipts and disbursements of funds handled by the commission shall be audited
19yearly by a certified or licensed public accountant, and the report of the audit shall
20be included in and become part of the annual report of the commission.
AB438,24,2121 (g) Qualified immunity, defense, and indemnification:
AB438,25,622 1. The members, officers, executive director, employees, and representatives
23of the commission shall be immune from suit and liability, either personally or in
24their official capacity, for any claim for damage to or loss of property or personal
25injury or other civil liability caused by or arising out of any actual or alleged act,

1error, or omission that occurred, or that the person against whom the claim is made
2had a reasonable basis for believing occurred within the scope of commission
3employment, duties, or responsibilities; provided that nothing in this paragraph
4shall be construed to protect any such person from suit and/or liability for any
5damage, loss, injury, or liability caused by the intentional or willful or wanton
6misconduct of that person.
AB438,25,167 2. The commission shall defend any member, officer, executive director,
8employee, or representative of the commission in any civil action seeking to impose
9liability arising out of any actual or alleged act, error, or omission that occurred
10within the scope of commission employment, duties, or responsibilities, or that the
11person against whom the claim is made had a reasonable basis for believing occurred
12within the scope of commission employment, duties, or responsibilities; provided
13that nothing herein shall be construed to prohibit that person from retaining his or
14her own counsel; and provided further, that the actual or alleged act, error, or
15omission did not result from that person's intentional or willful or wanton
16misconduct.
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