2022 -- H 8136

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LC005412

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- RHODE ISLAND PHYSICAL

THERAPIST LICENSURE COMPACT ACT

     Introduced By: Representatives McGaw, Potter, Casimiro, Fogarty, and Ajello

     Date Introduced: April 13, 2022

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 40.2

RHODE ISLAND PHYSICAL THERAPIST LICENSURE COMPACT

     5-40.2-1. Short title.

     This chapter shall be known and may be cited as the "Rhode Island Physical Therapist

Licensure Compact Act."

     5-40.2-2. Purpose.

     (a) The purpose of the physical therapist licensure 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 the state to protect

public health and safety through the current system of state licensure. The 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.

     5-40.2-3. 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. Sections 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, which 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

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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" means the formal compact authorized in this chapter.

     (19) "Physical therapy compact commission" or "commission" means the national

administrative body whose membership consists of all states that have enacted the compact.

     (20) "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.

     (21) "Remote state" means a member state other than the home state, where a licensee is

exercising or seeking to exercise the compact privilege.

     (22) "Rule" means a regulation, principle, or directive promulgated by the commission that

has the force of law.

     (23) "State" means any state, commonwealth, district, or territory of the United States of

America that regulates the practice of physical therapy.

     5-40.2-4. State participation in the compact.

     (a) To participate in the compact, a state shall:

     (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

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criminal background checks and use the results in making licensure decisions in accordance with

subsection (b) of this section;

     (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.

     5-40.2-5. 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 subsections

(d), (g), and (h) of this section;

     (4) Have not had any adverse action against any license or compact privilege within the

previous two (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 thirty

(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

shall comply with the requirements of subsection (a) of this section to maintain the compact

privilege in the remote state.

     (c) A licensee providing physical therapy in a remote state under the compact privilege

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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 (2) 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

shall meet the requirements of subsection (a) of this section 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 (2) years have elapsed from the date of the adverse action.

     (h) Once the requirements of subsection (g) of this section have been met, the licensee shall

meet the requirements in subsection (a) of this section to obtain a compact privilege in a remote

state.

     5-40.2-6. 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:

     (1) Home of record;

     (2) Permanent change of station (PCS); or

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

     5-40.2-7. 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, as 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

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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 shall 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 § 5-40.2-5(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.

     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

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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

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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:

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     (1) 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;

     (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.

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     (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 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.

     (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,

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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 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.

     (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.

     5-40.2-9. 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

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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.

     5-40.2-10. 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 four (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

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     (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

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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.

     5-40.2-11. Oversight, dispute resolution, and enforcement.

     (a) 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.

     (b) 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.

     (c) 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.

     (d) 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:

     (1) 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

     (2) Provide remedial training and specific technical assistance regarding the default.

     (e) 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.

     (f) 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

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legislature, and each of the member states.

     (g) 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.

     (h) 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.

     (i) 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 attorneys' fees.

     (j) 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.

     (k) The commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes as appropriate.

     (l) The commission, in the reasonable exercise of its discretion, shall enforce the provisions

and rules of this compact.

     (m) 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 attorneys' fees.

     (n) 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.

     5-40.2-12. 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

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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 chapter 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.

     5-40.2-13. 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.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- RHODE ISLAND PHYSICAL

THERAPIST LICENSURE COMPACT ACT

***

     This act would establish the physical therapist licensure compact in order to facilitate

interstate practice of physical therapy with the goal of improving public access to physical therapy

services. The act would promulgate a commission to set rules, budgets, and disciplinary action

among compact member states and participating physical therapists. The goal would be to permit

physical therapists licensed in other states to treat patients in Rhode Island, and those licensed in

Rhode Island, to treat patients in other states. All members and member states would be required

to practice within the rules and regulations adopted by the commission.

     This act would take effect upon passage.

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