AB438: Bill Text

AB438,11,3 4. Support spouses of relocating military members.

AB438,11,5 5. Enhance the exchange of licensure, investigative, and disciplinary information between member states.

AB438,11,7 6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.

AB438,11,9 (2) Definitions. As used in this compact, and except as otherwise provided, the following definitions shall apply:

AB438,11,12 (a) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 USC 1209 and 1211.

AB438,11,15 (b) “Adverse action” means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.

AB438,11,18 (c) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.

AB438,11,23 (d) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.

AB438,12,3 (e) “Continuing competence” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

AB438,12,5 (f) “Data system” means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.

AB438,12,7 (g) “Encumbered license” means a license that a physical therapy licensing board has limited in any way.

AB438,12,9 (h) “Executive board” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

AB438,12,11 (i) “Home state” means the member state that is the licensee's primary state of residence.

AB438,12,14 (j) “Investigative information” means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.

AB438,12,16 (k) “Jurisprudence requirement” means the assessment of an individual's knowledge of the laws and rules governing the practice of physical therapy in a state.

AB438,12,19 (L) “Licensee” means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.

AB438,12,20 (m) “Member state” means a state that has enacted the compact.

AB438,12,22 (n) “Party state” means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.

AB438,12,24 (o) “Physical therapist” means an individual who is licensed by a state to practice physical therapy.

AB438,13,3 (p) “Physical therapist assistant” means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.

AB438,13,6 (q) “Physical therapy,” “physical therapy practice,” and “the practice of physical therapy” mean the care and services provided by or under the direction and supervision of a licensed physical therapist.

AB438,13,9 (r) “Physical therapy compact commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.

AB438,13,12 (s) “Physical therapy licensing board” or “licensing board” means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.

AB438,13,14 (t) “Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.

AB438,13,16 (u) “Rule” means a regulation, principle, or directive promulgated by the commission that has the force of law.

AB438,13,18 (v) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.

AB438,13,20 (3) State participation in the compact. (a) To participate in the compact, a state must do all of the following:

AB438,13,22 1. Participate fully in the commission's data system, including using the commission's unique identifier as defined in rules.

AB438,13,24 2. Have a mechanism in place for receiving and investigating complaints about licensees.

AB438,14,3 3. Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee.

AB438,14,7 4. Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions in accordance with par. (b).

AB438,14,8 5. Comply with the rules of the commission.

AB438,14,10 6. Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the commission.

AB438,14,12 7. Have continuing competence requirements as a condition for license renewal.

AB438,14,16 (b) Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the federal bureau of investigation for a criminal background check in accordance with 28 USC 534 and 42 USC 14616.

AB438,14,19 (c) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.

AB438,14,20 (d) Member states may charge a fee for granting a compact privilege.

AB438,14,22 (4) Compact privilege. (a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall satisfy all of the following:

AB438,14,23 1. Hold a license in the home state.

AB438,14,24 2. Have no encumbrance on any state license.

AB438,15,2 3. Be eligible for a compact privilege in any member state in accordance with pars. (d), (g), and (h).

AB438,15,4 4. Have not had any adverse action against any license or compact privilege within the previous 2 years.

AB438,15,6 5. Notify the commission that the licensee is seeking the compact privilege within a remote state(s).

AB438,15,7 6. Pay any applicable fees, including any state fee, for the compact privilege.

AB438,15,9 7. Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege.

AB438,15,11 8. Report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.

AB438,15,14 (b) The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of par. (a) to maintain the compact privilege in the remote state.

AB438,15,16 (c) A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

AB438,15,23 (d) A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.

AB438,15,25 (e) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until all of the following occur:

AB438,16,1 1. The home state license is no longer encumbered.

AB438,16,2 2. Two years have elapsed from the date of the adverse action.

AB438,16,5 (f) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of par. (a) to obtain a compact privilege in any remote state.

AB438,16,8 (g) If a licensee's compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until all of the following occur:

AB438,16,10 1. The specific period of time for which the compact privilege was removed has ended.

AB438,16,11 2. All fines have been paid.

AB438,16,12 3. Two years have elapsed from the date of the adverse action.

AB438,16,14 (h) Once the requirements of par. (g) have been met, the license must meet the requirements in par. (a) to obtain a compact privilege in a remote state.

AB438,16,17 (5) Active duty military personnel or their spouses. A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:

AB438,16,18 (a) Home of record.

AB438,16,19 (b) Permanent change of station (PCS).

AB438,16,21 (c) State of current residence if it is different than the PCS state or home of record.

AB438,16,23 (6) Adverse actions. (a) A home state shall have exclusive power to impose adverse action against a license issued by the home state.

AB438,17,3 (b) A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.

AB438,17,10 (c) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state's laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.

AB438,17,14 (d) Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.

AB438,17,15 (e) A remote state shall have the authority to do all of the following:

AB438,17,17 1. Take adverse actions as set forth in sub. (4) (d) against a licensee's compact privilege in the state.

AB438,18,2 2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located.

AB438,18,5 3. If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.

AB438,18,6 (f) Joint investigations:

AB438,18,9 1. In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.

AB438,18,12 2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

AB438,18,15 (7) Establishment of the physical therapy compact commission. (a) The compact member states hereby create and establish a joint public agency known as the physical therapy compact commission:

AB438,18,16 1. The commission is an instrumentality of the compact states.

AB438,18,21 2. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

AB438,18,23 3. Nothing in this compact shall be construed to be a waiver of sovereign immunity.

AB438,18,24 (b) Membership, voting, and meetings:

AB438,19,2 1. Each member state shall have and be limited to one delegate selected by that member state's licensing board.

AB438,19,5 2. The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.

AB438,19,7 3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

AB438,19,8 4. The member state board shall fill any vacancy occurring in the commission.

AB438,19,11 5. Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.

AB438,19,14 6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.

AB438,19,16 7. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

AB438,19,17 (c) The commission shall have all of the following powers and duties:

AB438,19,18 1. Establish the fiscal year of the commission.

AB438,19,19 2. Establish bylaws.

AB438,19,20 3. Maintain its financial records in accordance with the bylaws.