AB438: Bill Text

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.

AB438,19,22 4. Meet and take such actions as are consistent with the provisions of this compact and the bylaws.

AB438,19,25 5. Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states.

AB438,20,3 6. Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected.

AB438,20,4 7. Purchase and maintain insurance and bonds.

AB438,20,6 8. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.

AB438,20,11 9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

AB438,20,15 10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety and/or conflict of interest.

AB438,20,18 11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the commission shall avoid any appearance of impropriety.

AB438,20,20 12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.

AB438,20,21 13. Establish a budget and make expenditures.

AB438,20,22 14. Borrow money.

AB438,21,2 15. Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws.

AB438,21,4 16. Provide and receive information from, and cooperate with, law enforcement agencies.

AB438,21,5 17. Establish and elect an executive board.

AB438,21,8 18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of physical therapy licensure and practice.

AB438,21,9 (d) The executive board:

AB438,21,11 1. The executive board shall have the power to act on behalf of the commission according to the terms of this compact.

AB438,21,12 2. The executive board shall be composed of nine members:

AB438,21,14 a. Seven voting members who are elected by the commission from the current membership of the commission.

AB438,21,16 b. One ex-officio, nonvoting member from the recognized national physical therapy professional association.

AB438,21,18 c. One ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.

AB438,21,19 3. The ex-officio members will be selected by their respective organizations.

AB438,21,21 4. The commission may remove any member of the executive board as provided in bylaws.

AB438,21,22 5. The executive board shall meet at least annually.

AB438,21,24 6. The executive board shall have all of the following duties and responsibilities:

AB438,22,3 a. Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege.

AB438,22,5 b. Ensure compact administration services are appropriately provided, contractual or otherwise.

AB438,22,6 c. Prepare and recommend the budget.