§ 5-40.2-8. 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 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 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.
(8) 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 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. The executive board shall be composed of nine (9) members:
(1) Seven (7) voting members who are elected by the commission from the current membership
of the commission;
(2) One ex-officio, non-voting member from the recognized national physical therapy professional
association; and
(3) One ex-officio, non-voting member from the recognized membership organization of the
physical therapy licensing boards.
(4) The ex-officio members will be selected by their respective organizations.
(5) The commission may remove any member of the executive board as provided in the bylaws.
(e) The executive board shall meet at least annually.
(f) The executive board shall have the following duties and responsibilities:
(1) Recommend to the entire commission changes to the rules or bylaws, changes to this
compact, fees paid by compact member states such as annual dues, and any commission
compact fee charged to licensees for the compact privilege;
(2) Ensure compact administration services are appropriately provided, contractual or
otherwise;
(3) Prepare and recommend the budget;
(4) Maintain financial records on behalf of the commission;
(5) Monitor compact compliance of member states and provide compliance reports to the
commission;
(6) Establish additional committees as necessary; and
(7) Other duties as provided in rules or bylaws.
(g)(1) All meetings of the commission shall be open to the public, and public notice of meetings
shall be given in the same manner as required under the rulemaking provisions of § 5-40.2-10.
(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:
(i) Non-compliance of a member state with its obligations under the compact;
(ii) 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;
(iii) Current, threatened, or reasonably anticipated litigation;
(iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
(v) Accusing any person of a crime or formally censuring any person;
(vi) Disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
(vii) Disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
(viii) Disclosure of investigative records compiled for law enforcement purposes;
(ix) 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
(x) Matters specifically exempted from disclosure by federal or member state statute.
(h) 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.
(i) 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.
(j) The commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization, and ongoing activities.
(1) The commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services.
(2) 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 shall 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.
(3) 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.
(4) 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.
(k) 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, however, that nothing in this section 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.
(1) 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, however, that nothing
herein shall be construed to prohibit that person from retaining their 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.
(2) 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.