§ 25-27-2-6 — Adverse actions

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 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.
(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) of this chapter
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 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 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.

Legislative History

As added by P.L.196-2021, SEC.17.