§ 25-27-2-7 — Establishment of physical therapy compact commission

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
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
composed 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 shall have the power to act on behalf of the
Commission according to the terms of this Compact.
(1) The Executive Board shall be composed of nine (9) members:
(A) seven (7) voting members who are elected by the
Commission from the current membership of the Commission;
(B) one (1) ex-officio, nonvoting member from the recognized
national physical therapy professional association; and
(C) one (1) 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 of this chapter.
(2) The Commission or the Executive Board or other committees
of the Commission may convene in a closed, nonpublic meeting
if the Commission or Executive Board or other committees of the
Commission must discuss:
(A) noncompliance 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 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.

Legislative History

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