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(d) Advertised, practiced
, or attempted to practice under another's name.
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(e) Subject to ss. 111.321, 111.322, and 111.34, practiced or assisted in the
11practice of physical therapy while the applicant's
or
, licensee's
, or compact privilege
12holder's ability to practice or assist was impaired by alcohol or other drugs.
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13(4) The examining board shall prepare and disseminate to the public an annual
14report that describes final disciplinary action taken against licensees
and compact
15privilege holders during the preceding year.
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16(5) The examining board may report final disciplinary action taken against a
17licensee
or compact privilege holder to any national database that includes
18information about disciplinary action taken against health care professionals.
AB438,22
19Section 22
. 448.956 (1m) and (4) of the statutes are amended to read:
AB438,9,2420
448.956
(1m) Subject to sub. (1) (a), a licensee may provide athletic training
21to an individual without a referral, except that a licensee may not provide athletic
22training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation
23setting unless the licensee has obtained a written referral for the individual from a
24practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter;
1under ch. 446; or under s. 441.16 (2)
or from a practitioner who holds a compact
2privilege under subch. IX of ch. 448.
AB438,10,8
3(4) If a licensee or the consulting physician of the licensee determines that a
4patient's medical condition is beyond the scope of practice of the licensee, the licensee
5shall, in accordance with the protocol established under sub. (1) (a), refer the patient
6to a health care practitioner who is licensed under ch. 446 or 447 or subch. II, III or
7IV of ch. 448
; or who holds a compact privilege under subch. IX of ch. 448 and who
8can provide appropriate treatment to the patient.
AB438,23
9Section 23
. Subchapter IX of chapter 448 [precedes 448.985] of the statutes
10is created to read:
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CHAPTER 448
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SUBCHAPTER IX
13
Physical therapy
14
licensure compact
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15448.985 Physical therapy licensure compact. (1) Purpose. (a) The
16purpose of this compact is to facilitate interstate practice of physical therapy with
17the goal of improving public access to physical therapy services. The practice of
18physical therapy occurs in the state where the patient/client is located at the time
19of the patient/client encounter. The compact preserves the regulatory authority of
20states to protect public health and safety through the current system of state
21licensure.
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(b) This compact is designed to achieve all of the following objectives:
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1. Increase public access to physical therapy services by providing for the
24mutual recognition of other member state licenses.
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2. Enhance the states' ability to protect the public's health and safety.
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13. Encourage the cooperation of member states in regulating multistate
2physical therapy practice.
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4. Support spouses of relocating military members.
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5. Enhance the exchange of licensure, investigative, and disciplinary
5information between member states.
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6. Allow a remote state to hold a provider of services with a compact privilege
7in that state accountable to that state's practice standards.
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8(2) Definitions. As used in this compact, and except as otherwise provided, the
9following definitions shall apply:
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(a) “Active duty military” means full-time duty status in the active uniformed
11service of the United States, including members of the National Guard and Reserve
12on active duty orders pursuant to
10 USC 1209 and
1211.
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(b) “Adverse action” means disciplinary action taken by a physical therapy
14licensing board based upon misconduct, unacceptable performance, or a combination
15of both.
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(c) “Alternative program” means a nondisciplinary monitoring or practice
17remediation process approved by a physical therapy licensing board. This includes,
18but is not limited to, substance abuse issues.
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(d) “Compact privilege” means the authorization granted by a remote state to
20allow a licensee from another member state to practice as a physical therapist or
21work as a physical therapist assistant in the remote state under its laws and rules.
22The practice of physical therapy occurs in the member state where the patient/client
23is located at the time of the patient/client encounter.
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1(e) “Continuing competence” means a requirement, as a condition of license
2renewal, to provide evidence of participation in, and/or completion of, educational
3and professional activities relevant to practice or area of work.
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(f) “Data system” means a repository of information about licensees, including
5examination, licensure, investigative, compact privilege, and adverse action.
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(g) “Encumbered license” means a license that a physical therapy licensing
7board has limited in any way.
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(h) “Executive board” means a group of directors elected or appointed to act on
9behalf of, and within the powers granted to them by, the commission.
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(i) “Home state” means the member state that is the licensee's primary state
11of residence.
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(j) “Investigative information” means information, records, and documents
13received or generated by a physical therapy licensing board pursuant to an
14investigation.
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(k) “Jurisprudence requirement” means the assessment of an individual's
16knowledge of the laws and rules governing the practice of physical therapy in a state.
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(L)
“Licensee” means an individual who currently holds an authorization from
18the state to practice as a physical therapist or to work as a physical therapist
19assistant.
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(m) “Member state” means a state that has enacted the compact.
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(n) “Party state” means any member state in which a licensee holds a current
22license or compact privilege or is applying for a license or compact privilege.
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(o) “Physical therapist” means an individual who is licensed by a state to
24practice physical therapy.
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1(p) “Physical therapist assistant” means an individual who is licensed/certified
2by a state and who assists the physical therapist in selected components of physical
3therapy.
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(q) “Physical therapy,” “physical therapy practice,” and “the practice of physical
5therapy” mean the care and services provided by or under the direction and
6supervision of a licensed physical therapist.
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(r) “Physical therapy compact commission” or “commission” means the national
8administrative body whose membership consists of all states that have enacted the
9compact.
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(s)
“Physical therapy licensing board” or “licensing board” means the agency
11of a state that is responsible for the licensing and regulation of physical therapists
12and physical therapist assistants.
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(t) “Remote state” means a member state other than the home state, where a
14licensee is exercising or seeking to exercise the compact privilege.
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(u) “Rule” means a regulation, principle, or directive promulgated by the
16commission that has the force of law.
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(v) “State” means any state, commonwealth, district, or territory of the United
18States of America that regulates the practice of physical therapy.
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19(3) State participation in the compact. (a) To participate in the compact, a
20state must do all of the following:
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1. Participate fully in the commission's data system, including using the
22commission's unique identifier as defined in rules.
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2. Have a mechanism in place for receiving and investigating complaints about
24licensees.
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13. Notify the commission, in compliance with the terms of the compact and
2rules, of any adverse action or the availability of investigative information regarding
3a licensee.
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4. Fully implement a criminal background check requirement, within a time
5frame established by rule, by receiving the results of the federal bureau of
6investigation record search on criminal background checks and use the results in
7making licensure decisions in accordance with par. (b).
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5. Comply with the rules of the commission.
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6. Utilize a recognized national examination as a requirement for licensure
10pursuant to the rules of the commission.
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7. Have continuing competence requirements as a condition for license
12renewal.
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(b) Upon adoption of this statute, the member state shall have the authority
14to obtain biometric-based information from each physical therapy licensure
15applicant and submit this information to the federal bureau of investigation for a
16criminal background check in accordance with
28 USC 534 and
42 USC 14616.
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(c) A member state shall grant the compact privilege to a licensee holding a
18valid unencumbered license in another member state in accordance with the terms
19of the compact and rules.
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(d) Member states may charge a fee for granting a compact privilege.
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21(4) Compact privilege. (a) To exercise the compact privilege under the terms
22and provisions of the compact, the licensee shall satisfy all of the following:
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1. Hold a license in the home state.
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2. Have no encumbrance on any state license.
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13. Be eligible for a compact privilege in any member state in accordance with
2pars. (d), (g), and (h).
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4. Have not had any adverse action against any license or compact privilege
4within the previous 2 years.
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5. Notify the commission that the licensee is seeking the compact privilege
6within a remote state(s).
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6. Pay any applicable fees, including any state fee, for the compact privilege.
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7. Meet any jurisprudence requirements established by the remote state(s) in
9which the licensee is seeking a compact privilege.
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8. Report to the commission adverse action taken by any nonmember state
11within 30 days from the date the adverse action is taken.
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(b) The compact privilege is valid until the expiration date of the home license.
13The licensee must comply with the requirements of par. (a) to maintain the compact
14privilege in the remote state.
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(c) A licensee providing physical therapy in a remote state under the compact
16privilege shall function within the laws and regulations of the remote state.
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(d) A licensee providing physical therapy in a remote state is subject to that
18state's regulatory authority. A remote state may, in accordance with due process and
19that state's laws, remove a licensee's compact privilege in the remote state for a
20specific period of time, impose fines, and/or take any other necessary actions to
21protect the health and safety of its citizens. The licensee is not eligible for a compact
22privilege in any state until the specific time for removal has passed and all fines are
23paid.
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(e) If a home state license is encumbered, the licensee shall lose the compact
25privilege in any remote state until all of the following occur:
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11. The home state license is no longer encumbered.
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2. Two years have elapsed from the date of the adverse action.
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(f) Once an encumbered license in the home state is restored to good standing,
4the licensee must meet the requirements of par. (a) to obtain a compact privilege in
5any remote state.
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(g) If a licensee's compact privilege in any remote state is removed, the
7individual shall lose the compact privilege in any remote state until all of the
8following occur:
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1. The specific period of time for which the compact privilege was removed has
10ended.
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2. All fines have been paid.
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3. Two years have elapsed from the date of the adverse action.
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(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.
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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.
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(b) Permanent change of station (PCS).
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(c) State of current residence if it is different than the PCS state or home of
21record.
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22(6) A
dverse actions. (a) A home state shall have exclusive power to impose
23adverse action against a license issued by the home state.
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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.
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(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.
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(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.
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(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.
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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.
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(f) Joint investigations:
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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.
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2. Member states shall share any investigative, litigation, or compliance
11materials in furtherance of any joint or individual investigation initiated under the
12compact.
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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: