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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.
AB438,25,2417 3. The commission shall indemnify and hold harmless any member, officer,
18executive director, employee, or representative of the commission for the amount of
19any settlement or judgment obtained against that person arising out of any actual
20or alleged act, error, or omission that occurred within the scope of commission
21employment, duties, or responsibilities, or that such person had a reasonable basis
22for believing occurred within the scope of commission employment, duties, or
23responsibilities, provided that the actual or alleged act, error, or omission did not
24result from the intentional or willful or wanton misconduct of that person.
AB438,26,4
1(8) Data system. (a) The commission shall provide for the development,
2maintenance, and utilization of a coordinated database and reporting system
3containing licensure, adverse action, and investigative information on all licensed
4individuals in member states.
AB438,26,85 (b) Notwithstanding any other provision of state law to the contrary, a member
6state shall submit a uniform data set to the data system on all individuals to whom
7this compact is applicable as required by the rules of the commission, including all
8of the following:
AB438,26,99 1. Identifying information.
AB438,26,1010 2. Licensure data.
AB438,26,1111 3. Adverse actions against a license or compact privilege.
AB438,26,1212 4. Nonconfidential information related to alternative program participation.
AB438,26,1313 5. Any denial of application for licensure, and the reason(s) for such denial.
AB438,26,1514 6. Other information that may facilitate the administration of this compact, as
15determined by the rules of the commission.
AB438,26,1716 (c) Investigative information pertaining to a licensee in any member state will
17only be available to other party states.
AB438,26,2118 (d) The commission shall promptly notify all member states of any adverse
19action taken against a licensee or an individual applying for a license. Adverse action
20information pertaining to a licensee in any member state will be available to any
21other member state.
AB438,26,2422 (e) Member states contributing information to the data system may designate
23information that may not be shared with the public without the express permission
24of the contributing state.
AB438,27,3
1(f) Any information submitted to the data system that is subsequently required
2to be expunged by the laws of the member state contributing the information shall
3be removed from the data system.
AB438,27,7 4(9) Rule making. (a) The commission shall exercise its rule-making powers
5pursuant to the criteria set forth in this section and the rules adopted thereunder.
6Rules and amendments shall become binding as of the date specified in each rule or
7amendment.
AB438,27,118 (b) If a majority of the legislatures of the member states rejects a rule, by
9enactment of a statute or resolution in the same manner used to adopt the compact
10within 4 years of the date of adoption of the rule, then such rule shall have no further
11force and effect in any member state.
AB438,27,1312 (c) Rules or amendments to the rules shall be adopted at a regular or special
13meeting of the commission.
AB438,27,1714 (d) Prior to promulgation and adoption of a final rule or rules by the
15commission, and at least 30 days in advance of the meeting at which the rule will be
16considered and voted upon, the commission shall file a notice of proposed rule
17making at all of the following:
AB438,27,1818 1. On the website of the commission or other publicly accessible platform.
AB438,27,2119 2. On the website of each member state physical therapy licensing board or
20other publicly accessible platform or the publication in which each state would
21otherwise publish proposed rules.
AB438,27,2222 (e) The notice of proposed rule making shall include all of the following:
AB438,27,2423 1. The proposed time, date, and location of the meeting in which the rule will
24be considered and voted upon.
AB438,28,2
12. The text of the proposed rule or amendment and the reason for the proposed
2rule.
AB438,28,33 3. A request for comments on the proposed rule from any interested person.
AB438,28,64 4. The manner in which interested persons may submit notice to the
5commission of their intention to attend the public hearing and any written
6comments.
AB438,28,97 (f) Prior to adoption of a proposed rule, the commission shall allow persons to
8submit written data, facts, opinions, and arguments, which shall be made available
9to the public.
AB438,28,1110 (g) The commission shall grant an opportunity for a public hearing before it
11adopts a rule or amendment if a hearing is requested by any of the following:
AB438,28,1212 1. At least 25 persons.
AB438,28,1313 2. A state or federal governmental subdivision or agency.
AB438,28,1414 3. An association having at least 25 members.
AB438,28,1815 (h) 1. If a hearing is held on the proposed rule or amendment, the commission
16shall publish the place, time, and date of the scheduled public hearing. If the hearing
17is held via electronic means, the commission shall publish the mechanism for access
18to the electronic hearing.
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