§ 24-60-3702 — Compact approved and ratified

Colorado § 24-60-3702

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Interstate Compacts and Agreements

Text

The general assembly hereby
approves and ratifies, and the governor shall enter into, a compact on behalf of the
state of Colorado with any of the United States or other jurisdictions legally joining
therein in the form substantially as follows:

PHYSICAL THERAPY LICENSURE COMPACT

SECTION 1. PURPOSE

The purpose of this Compact is to facilitate interstate practice of physical therapy
with the goal of improving public access to physical therapy services. The practice
of physical therapy occurs in the state where the patient/client is located at the
time of the patient/client encounter. The Compact preserves the regulatory
authority of states to protect public health and safety through the current system
of state licensure.

This Compact is designed to achieve the following objectives:

1. Increase public access to physical therapy services by providing for the
mutual recognition of other member state licenses;

2. Enhance the states' ability to protect the public's health and safety;

3. Encourage the cooperation of member states in regulating multi-state
physical therapy practice;

4. Support spouses of relocating military members;

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

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.

SECTION 2. DEFINITIONS

As used in this Compact, and except as otherwise provided, the following
definitions shall apply:

1. 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 U.S.C. Section 1209 and 1211.

2. Adverse Action means disciplinary action taken by a physical therapy
licensing board based upon misconduct, unacceptable performance, or a
combination of both.

3. Alternative Program means a non-disciplinary monitoring or practice
remediation process approved by a physical therapy licensing board. This includes,
but is not limited to, substance abuse issues.

4. 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.

5. 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.

6. Data system means a repository of information about licensees,
including examination, licensure, investigative, compact privilege, and adverse
action.

7. Encumbered license means a license that a physical therapy licensing
board has limited in any way.

8. 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.

9. Home state means the member state that is the licensee's primary state
of residence.

10. Investigative information means information, records, and documents
received or generated by a physical therapy licensing board pursuant to an
investigation.

11. Jurisprudence Requirement means the assessment of an individual's
knowledge of the laws and rules governing the practice of physical therapy in a
state.

12. 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.

13. Member state means a state that has enacted the Compact.

14. 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.

15. Physical therapist means an individual who is licensed by a state to
practice physical therapy.

16. 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.

17. 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.

18. Physical Therapy Compact Commission or Commission means the
national administrative body whose membership consists of all states that have
enacted the Compact.

19. 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.

20. Remote State means a member state other than the home state,
where a licensee is exercising or seeking to exercise the compact privilege.

21. Rule means a regulation, principle, or directive promulgated by the
Commission that has the force of law.

22. State means any state, commonwealth, district, or territory of the
United States of America that regulates the practice of physical therapy.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

A. To participate in the Compact, a state must:

1. Participate fully in the Commission's data system, including using the
Commission's unique identifier as defined in rules;

2. Have a mechanism in place for receiving and investigating complaints
about licensees;

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;

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 Section 3.B.;

5. Comply with the rules of the Commission;

6. Utilize a recognized national examination as a requirement for licensure
pursuant to the rules of the Commission; and

7. Have continuing competence requirements as a condition for license
renewal.

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 U.S.C. �534 and 42 U.S.C. �14616.

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.

D. Member states may charge a fee for granting a compact privilege.

SECTION 4. COMPACT PRIVILEGE

A. To exercise the compact privilege under the terms and provisions of the
Compact, the licensee shall:

1. Hold a license in the home state;

2. Have no encumbrance on any state license;

3. Be eligible for a compact privilege in any member state in accordance with
Section 4D, G and H;

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

5. Notify the Commission that the licensee is seeking the compact privilege
within a remote state(s);

6. Pay any applicable fees, including any state fee, for the compact privilege;

7. Meet any jurisprudence requirements established by the remote state(s) in
which the licensee is seeking a compact privilege; and

8. Report to the Commission adverse action taken by any non-member state
within 30 days from the date the adverse action is taken.

B. The compact privilege is valid until the expiration date of the home
license. The licensee must comply with the requirements of Section 4.A. to maintain
the compact privilege in the remote state.

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.

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.

E. If a home state license is encumbered, the licensee shall lose the compact
privilege in any remote state until the following occur:

1. The home state license is no longer encumbered; and

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

F. Once an encumbered license in the home state is restored to good
standing, the licensee must meet the requirements of Section 4A to obtain a
compact privilege in any remote state.

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 the following
occur:

1. The specific period of time for which the compact privilege was removed
has ended;

2. All fines have been paid; and

3. Two years have elapsed from the date of the adverse action.

H. Once the requirements of Section 4G have been met, the license must
meet the requirements in Section 4A to obtain a compact privilege in a remote
state.

SECTION 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:

A. Home of record;

B. Permanent Change of Station (PCS); or

C. State of current residence if it is different than the PCS state or home of
record.

SECTION 6. ADVERSE ACTIONS

A. A home state shall have exclusive power to impose adverse action against
a license issued by the home state.

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.

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 non-public 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.

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.

E. A remote state shall have the authority to:

1. Take adverse actions as set forth in Section 4.D. against a licensee's
compact privilege in the state;

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; and

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.

F. Joint Investigations

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.

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

SECTION 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:

1. The Commission is an instrumentality of the Compact states.

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.

3. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity.

B. Membership, Voting, and Meetings

1. Each member state shall have and be limited to one (1) delegate selected
by that member state's licensing board.

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.

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

4. The member state board shall fill any vacancy occurring in the
Commission.

5. Each delegate shall be entitled to one (1) 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.

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.

7. The Commission shall meet at least once during each calendar year.
Additional meetings shall be held as set forth in the bylaws.

C. The Commission shall have the following powers and duties:

1. Establish the fiscal year of the Commission;

2. Establish bylaws;

3. Maintain its financial records in accordance with the bylaws;

4. Meet and take such actions as are consistent with the provisions of this
Compact and the bylaws;

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;

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;

7. Purchase and maintain insurance and bonds;

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

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;

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;

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;

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

13. Establish a budget and make expenditures;

14. Borrow money;

15. Appoint committees, including standing committees comprised 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;

16. Provide and receive information from, and cooperate with, law
enforcement agencies;

17. Establish and elect an Executive Board; and

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.

D. The Executive Board

The Executive Board shall have the power to act on behalf of the Commission
according to the terms of this Compact.

1. The Executive Board shall be comprised of nine members:

a. Seven voting members who are elected by the Commission from the
current membership of the Commission;

b. One ex-officio, nonvoting member from the recognized national physical
therapy professional association; and

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

2. The ex-officio members will be selected by their respective organizations.

3. The Commission may remove any member of the Executive Board as
provided in bylaws.

4. The Executive Board shall meet at least annually.

5. The Executive Board shall have the following Duties and responsibilities:

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;

b. Ensure Compact administration services are appropriately provided,
contractual or otherwise;

c. Prepare and recommend the budget;

d. Maintain financial records on behalf of the Commission;

e. Monitor Compact compliance of member states and provide compliance
reports to the Commission;

f. Establish additional committees as necessary; and

g. Other duties as provided in rules or bylaws.

E. Meetings of the Commission

1. All meetings shall be open to the public, and public notice of meetings
shall be given in the same manner as required under the rulemaking provisions in
Section 9.

2. The Commission or the Executive Board or other committees of the
Commission may convene in a closed, non-public meeting if the Commission or
Executive Board or other committees of the Commission must discuss:

a. Non-compliance of a member state with its obligations under the
Compact;

b. The employment, compensation, discipline or other matters, practices or
procedures related to specific employees or other matters related to the
Commission's internal personnel practices and procedures;

c. Current, threatened, or reasonably anticipated litigation;

d. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;

e. Accusing any person of a crime or formally censuring any person;

f. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;

g. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;

h. Disclosure of investigative records compiled for law enforcement
purposes;

i. Disclosure of information related to any investigative reports prepared by
or on behalf of or for use of the Commission or other committee charged with
responsibility of investigation or determination of compliance issues pursuant to
the Compact; or

j. Matters specifically exempted from disclosure by federal or member state
statute.

3. If a meeting, or portion of a meeting, is closed pursuant to this provision,
the Commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exempting provision.

4. The Commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of
actions taken, and the reasons therefore, including a description of the views
expressed. All documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release by a majority vote of the Commission or order
of a court of competent jurisdiction.

F. Financing of the Commission

1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.

2. The Commission may accept any and all appropriate revenue sources,
donations, and grants of money, equipment, supplies, materials, and services.

3. The Commission may levy on and collect an annual assessment from each
member state or impose fees on other parties to cover the cost of the operations
and activities of the Commission and its staff, which must be in a total amount
sufficient to cover its annual budget as approved each year for which revenue is not
provided by other sources. The aggregate annual assessment amount shall be
allocated based upon a formula to be determined by the Commission, which shall
promulgate a rule binding upon all member states.

4. The Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Commission pledge the credit
of any of the member states, except by and with the authority of the member state.

5. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject
to the audit and accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Commission shall be audited
yearly by a certified or licensed public accountant, and the report of the audit shall
be included in and become part of the annual report of the Commission.

G. Qualified Immunity, Defense, and Indemnification

1. The members, officers, executive director, employees and representatives
of the Commission shall be immune from suit and liability, either personally or in
their official capacity, for any claim for damage to or loss of property or personal
injury or other civil liability caused by or arising out of any actual or alleged act,
error or omission that occurred, or that the person against whom the claim is made
had a reasonable basis for believing occurred within the scope of Commission
employment, duties or responsibilities; provided that nothing in this paragraph shall
be construed to protect any such person from suit and/or liability for any damage,
loss, injury, or liability caused by the intentional or willful or wanton misconduct of
that person.

2. The Commission shall defend any member, officer, executive director,
employee or representative of the Commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or omission that occurred
within the scope of Commission employment, duties, or responsibilities, or that the
person against whom the claim is made had a reasonable basis for believing
occurred within the scope of Commission employment, duties, or responsibilities;
provided that nothing herein shall be construed to prohibit that person from
retaining his or her own counsel; and provided further, that the actual or alleged
act, error, or omission did not result from that person's intentional or willful or
wanton misconduct.

3. The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the Commission for the amount
of any settlement or judgment obtained against that person arising out of any
actual or alleged act, error or omission that occurred within the scope of
Commission employment, duties, or responsibilities, or that such person had a
reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities, provided that the actual or alleged act,
error, or omission did not result from the intentional or willful or wanton misconduct
of that person.

SECTION 8. DATA SYSTEM

A. The Commission shall provide for the development, maintenance, and
utilization of a coordinated database and reporting system containing licensure,
adverse action, and investigative information on all licensed individuals in member
states.

B. Notwithstanding any other provision of state law to the contrary, a
member state shall submit a uniform data set to the data system on all individuals
to whom this Compact is applicable as required by the rules of the Commission,
including:

1. Identifying information;

2. Licensure data;

3. Adverse actions against a license or compact privilege;

4. Non-confidential information related to alternative program participation;

5. Any denial of application for licensure, and the reason(s) for such denial;
and

6. Other information that may facilitate the administration of this Compact,
as determined by the rules of the Commission.

C. Investigative information pertaining to a licensee in any member state will
only be available to other party states.

D. The Commission shall promptly notify all member states of any adverse
action taken against a licensee or an individual applying for a license. Adverse
action information pertaining to a licensee in any member state will be available to
any other member state.

E. Member states contributing information to the data system may designate
information that may not be shared with the public without the express permission
of the contributing state.

F. Any information submitted to the data system that is subsequently
required to be expunged by the laws of the member state contributing the
information shall be removed from the data system.

SECTION 9. RULEMAKING

A. The Commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this Section and the rules adopted thereunder. Rules and
amendments shall become binding as of the date specified in each rule or
amendment.

B. If a majority of the legislatures of the member states rejects a rule, by
enactment of a statute or resolution in the same manner used to adopt the Compact
within 4 years of the date of adoption of the rule, then such rule shall have no
further force and effect in any member state.

C. Rules or amendments to the rules shall be adopted at a regular or special
meeting of the Commission.

D. Prior to promulgation and adoption of a final rule or rules by the
Commission, and at least thirty (30) days in advance of the meeting at which the
rule will be considered and voted upon, the Commission shall file a Notice of
Proposed Rulemaking:

1. On the website of the Commission or other publicly accessible platform;
and

2. On the website of each member state physical therapy licensing board or
other publicly accessible platform or the publication in which each state would
otherwise publish proposed rules.

E. The Notice of Proposed Rulemaking shall include:

1. The proposed time, date, and location of the meeting in which the rule will
be considered and voted upon;

2. The text of the proposed rule or amendment and the reason for the
proposed rule;

3. A request for comments on the proposed rule from any interested person;
and

4. The manner in which interested persons may submit notice to the
Commission of their intention to attend the public hearing and any written
comments.

F. Prior to adoption of a proposed rule, the Commission shall allow persons
to submit written data, facts, opinions, and arguments, which shall be made
available to the public.

G. The Commission shall grant an opportunity for a public hearing before it
adopts a rule or amendment if a hearing is requested by:

1. At least twenty-five (25) persons;

2. A state or federal governmental subdivision or agency; or

3. An association having at least twenty-five (25) members.

H. If a hearing is held on the proposed rule or amendment, the Commission
shall publish the place, time, and date of the scheduled public hearing. If the
hearing is held via electronic means, the Commission shall publish the mechanism
for access to the electronic hearing.

1. All persons wishing to be heard at the hearing shall notify the executive
director of the Commission or other designated member in writing of their desire to
appear and testify at the hearing not less than five (5) business days before the
scheduled date of the hearing.

2. Hearings shall be conducted in a manner providing each person who
wishes to comment a fair and reasonable opportunity to comment orally or in
writing.

3. All hearings will be recorded. A copy of the recording will be made
available on request.

4. Nothing in this section shall be construed as requiring a separate hearing
on each rule. Rules may be grouped for the convenience of the Commission at
hearings required by this section.

I. Following the scheduled hearing date, or by the close of business on the
scheduled hearing date if the hearing was not held, the Commission shall consider
all written and oral comments received.

J. If no written notice of intent to attend the public hearing by interested
parties is received, the Commission may proceed with promulgation of the proposed
rule without a public hearing.

K. The Commission shall, by majority vote of all members, take final action
on the proposed rule and shall determine the effective date of the rule, if any,
based on the rulemaking record and the full text of the rule.

L. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency rule without prior notice, opportunity for
comment, or hearing, provided that the usual rulemaking procedures provided in
the Compact and in this section shall be retroactively applied to the rule as soon as
reasonably possible, in no event later than ninety (90) days after the effective date
of the rule. For the purposes of this provision, an emergency rule is one that must
be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or member state funds;

3. Meet a deadline for the promulgation of an administrative rule that is
established by federal law or rule; or

4. Protect public health and safety.

M. The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted rule or amendment for purposes of
correcting typographical errors, errors in format, errors in consistency, or
grammatical errors. Public notice of any revisions shall be posted on the website of
the Commission. The revision shall be subject to challenge by any person for a
period of thirty (30) days after posting. The revision may be challenged only on
grounds that the revision results in a material change to a rule. A challenge shall be
made in writing, and delivered to the chair of the Commission prior to the end of the
notice period. If no challenge is made, the revision will take effect without further
action. If the revision is challenged, the revision may not take effect without the
approval of the Commission.

SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight

1. The executive, legislative, and judicial branches of state government in
each member state shall enforce this Compact and take all actions necessary and
appropriate to effectuate the Compact's purposes and intent. The provisions of this
Compact and the rules promulgated hereunder shall have standing as statutory
law.

2. All courts shall take judicial notice of the Compact and the rules in any
judicial or administrative proceeding in a member state pertaining to the subject
matter of this Compact which may affect the powers, responsibilities or actions of
the Commission.

3. The Commission shall be entitled to receive service of process in any such
proceeding, and shall have standing to intervene in such a proceeding for all
purposes. Failure to provide service of process to the Commission shall render a
judgment or order void as to the Commission, this Compact, or promulgated rules.

B. Default, Technical Assistance, and Termination

1. If the Commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this Compact or the
promulgated rules, the Commission shall:

a. Provide written notice to the defaulting state and other member states of
the nature of the default, the proposed means of curing the default and/or any
other action to be taken by the Commission; and

b. Provide remedial training and specific technical assistance regarding the
default.

2. If a state in default fails to cure the default, the defaulting state may be
terminated from the Compact upon an affirmative vote of a majority of the member
states, and all rights, privileges and benefits conferred by this Compact may be
terminated on the effective date of termination. A cure of the default does not
relieve the offending state of obligations or liabilities incurred during the period of
default.

3. Termination of membership in the Compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the Commission to the governor, the
majority and minority leaders of the defaulting state's legislature, and each of the
member states.

4. A state that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination,
including obligations that extend beyond the effective date of termination.

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.

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.

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 non-member states.

2. The Commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.

D. Enforcement

1. The Commission, in the reasonable exercise of its discretion, shall enforce
the provisions and rules of this Compact.

2. By majority vote, the Commission may initiate legal action in the United
States 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.

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.

SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE
COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,
WITHDRAWAL, AND AMENDMENT

A. The Compact shall come into effect on the date on which the Compact
statute is enacted into law in the tenth 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 rulemaking powers necessary to the implementation and
administration of the Compact.

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.

C. Any member state may withdraw from this Compact by enacting a statute
repealing the same.

1. A member state's withdrawal shall not take effect until six (6) months
after enactment of the repealing statute.

2. 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.

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 non-member state that does not
conflict with the provisions of this Compact.

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.

SECTION 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.

Legislative History

Source: L. 2017: Entire part added, (HB 17-1057), ch. 200, p. 725, � 1, effective May 10.