SB390,24,43 2. The commission may accept any and all appropriate revenue sources,
4donations, and grants of money, equipment, supplies, materials, and services.
SB390,24,115 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.
SB390,24,1412 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.
SB390,24,2015 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.
SB390,24,2121 (g) Qualified immunity, defense, and indemnification:
SB390,25,622 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.
SB390,25,167 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.
SB390,25,2417 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.
SB390,26,4
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.
SB390,26,85 (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:
SB390,26,99 1. Identifying information.
SB390,26,1010 2. Licensure data.
SB390,26,1111 3. Adverse actions against a license or compact privilege.
SB390,26,1212 4. Nonconfidential information related to alternative program participation.
SB390,26,1313 5. Any denial of application for licensure, and the reason(s) for such denial.
SB390,26,1514 6. Other information that may facilitate the administration of this compact, as
15determined by the rules of the commission.
SB390,26,1716 (c) Investigative information pertaining to a licensee in any member state will
17only be available to other party states.
SB390,26,2118 (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.
SB390,26,2422 (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.
SB390,27,3
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.
SB390,27,7 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.
SB390,27,118 (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.
SB390,27,1312 (c) Rules or amendments to the rules shall be adopted at a regular or special
13meeting of the commission.
SB390,27,1714 (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:
SB390,27,1818 1. On the website of the commission or other publicly accessible platform.
SB390,27,2119 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.
SB390,27,2222 (e) The notice of proposed rule making shall include all of the following:
SB390,27,2423 1. The proposed time, date, and location of the meeting in which the rule will
24be considered and voted upon.
SB390,28,2
12. The text of the proposed rule or amendment and the reason for the proposed
2rule.