AB438: Bill Text

AB438,31,25 5. The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.

AB438,32,4 6. The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.

AB438,32,7 (c) Dispute resolution. 1. Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.

AB438,32,9 2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

AB438,32,11 (d) Enforcement. 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

AB438,32,18 2. By majority vote, the commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.

AB438,32,20 3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

AB438,33,3 (11) Date of implementation of the interstate commission for physical therapy practice and associated rules, withdrawal, and amendments. (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rule-making powers necessary to the implementation and administration of the compact.

AB438,33,8 (b) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.

AB438,33,10 (c) 1. Any member state may withdraw from this compact by enacting a statute repealing the same.

AB438,33,12 2. A member state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.

AB438,33,15 3. Withdrawal shall not affect the continuing requirement of the withdrawing state's physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

AB438,33,19 (d) Nothing contained in this compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.

AB438,33,22 (e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

AB438,34,7 (12) Construction and severability. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.

AB438,24 Section 24 . 448.986 of the statutes is created to read:

AB438,34,10 448.986 Implementation of the physical therapy licensure compact. (1) In this section:

AB438,34,11 (a) “Compact” means the physical therapy licensure compact under s. 448.985.

AB438,34,13 (b) “Compact privilege” means a compact privilege, as defined in s. 448.985 (2) (d), that is granted under the compact to an individual to practice in this state.

AB438,34,14 (c) “Examining board” means the physical therapy examining board.

AB438,34,16 (2) The department may impose a fee for an individual to receive a compact privilege as provided in s. 448.985 (3) (d).

AB438,34,20 (3) The examining board may, by rule, require an individual seeking a compact privilege to meet a jurisprudence requirement in accordance with s. 448.985 (4) (a) 7., if such a requirement is imposed by the examining board under s. 448.54 in order to obtain a license under s. 448.53 or 448.535.

AB438,34,22 (4) (a) An individual who holds a compact privilege shall comply with s. 440.03 (13) (am).

AB438,35,2 (b) Subject to s. 448.985 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who holds a compact privilege in the same manner that they apply to holders of licenses issued under subch. III.

AB438,25 Section 25 . 450.10 (3) (a) 5. of the statutes is amended to read:

AB438,35,7 450.10 (3) (a) 5. A physician, physician assistant, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448 or a physical therapist or physical therapist assistant who holds a compact privilege under subch. IX of ch. 448.

AB438,26 Section 26 . 451.02 (1) of the statutes is amended to read:

AB438,35,12 451.02 (1) An individual holding a license, permit or certificate under ch. 441, 446, 447, 448, or 449 or a compact privilege under subch. IX of ch. 448 who engages in a practice of acupuncture that is also included within the scope of his or her license, permit or certificate.

AB438,27 Section 27 . 462.04 of the statutes is amended to read:

AB438,35,22 462.04 Prescription or order required. A person who holds a license or limited X-ray machine operator permit under this chapter may not use diagnostic X-ray equipment on humans for diagnostic purposes unless authorized to do so by prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced practice nurse certified under s. 441.16 (2), a physician assistant licensed under s. 448.04 (1) (f), or, subject to s. 448.56 (7) (a), a physical therapist who is licensed under s. 448.53 or who holds a compact privilege under subch. IX of ch. 448.

AB438,28 Section 28 . Nonstatutory provisions.

AB438,36,7 (1) The physical therapy examining board and the department of safety and professional services may promulgate emergency rules under s. 227.24 necessary to implement this act. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until May 1, 2021, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), neither the board nor the department is required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare or provide a finding of emergency for a rule promulgated under this subsection.

AB438,29 Section 29 . Effective dates. This act takes effect on the day after publication, except as follows:

AB438,36,13 (1) The repeal and recreation of ss. 440.03 (13) (b) (intro.) and 440.15 takes effect on December 16, 2019, or on the day after publication, whichever occurs later, except that if either 2019 Assembly Bill 70 or 2019 Senate Bill 74 is enacted into law, the repeal and recreation of ss. 440.03 (13) (b) (intro.) and 440.15 is void.

AB438,36,14 (End)