APPROVED CHAPTER
JUNE 26, 2023 329
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 694 - L.D. 1749
An Act to Establish the Physical Therapy Licensure Compact
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA c. 149 is enacted to read:
CHAPTER 149
PHYSICAL THERAPY LICENSURE COMPACT
§18701. Short title
This chapter may be known and cited as "the Physical Therapy Licensure Compact,"
referred to in this chapter as "the compact."
§18702. 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 is located at the time of the physical therapy
services. 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. License recognition. Increase public access to physical therapy services by
providing for the mutual recognition of other member state licenses;
2. State powers. Enhance the states' ability to protect the public's health and safety;
3. Multistate practice. Encourage the cooperation of member states in regulating
multistate physical therapy practice;
4. Military spouses. Support spouses of relocating active duty military personnel;
5. Information exchange. Enhance the exchange of licensure, investigative and
disciplinary information among member states; and
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 6. Compact privilege. Allow a remote state to hold a provider of services with a
compact privilege in that state accountable to that state's practice standards.
§18703. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Active duty military. "Active duty military" means full-time duty status in the
active uniformed service of the United States, including members of the National Guard
and Reserves of the United States Armed Forces on active duty orders pursuant to 10
United States Code, Chapters 1209 and 1211.
2. Adverse action. "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. "Alternative program" means a nondisciplinary monitoring
or practice remediation process approved by a physical therapy licensing board, including,
but not limited to, addressing substance use disorder issues.
4. Compact privilege. "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 is
located at the time of the physical therapy services.
5. Continuing competence. "Continuing competence" means a requirement, as a
condition of license renewal, to provide evidence of participation in, or completion of,
educational and professional activities relevant to practice or area of work.
6. Data system. "Data system" means a repository of information about licensees,
including examination, licensure, investigative, compact privilege and adverse action
information.
7. Encumbered license. "Encumbered license" means a license that a physical
therapy licensing board has limited in any way.
8. Executive board. "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. "Home state" means the member state that is the licensee's primary
state of residence.
10. Investigative information. "Investigative information" means information,
records and documents received or generated by a physical therapy licensing board
pursuant to an investigation.
11. Jurisprudence requirement. "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. "Licensee" means an individual who currently holds an authorization
from a state to practice as a physical therapist or to work as a physical therapist assistant.
13. Member state. "Member state" means a state that has enacted the compact.
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 14. Party state. "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. "Physical therapist" means an individual who is licensed by
a state to practice physical therapy.
16. Physical therapist assistant. "Physical therapist assistant" means an individual
who is licensed or certified by a state and who assists a physical therapist in selected
components of physical therapy.
17. Physical therapy, physical therapy practice or the practice of physical
therapy. "Physical therapy," "physical therapy practice" or "the practice of physical
therapy" means the care and services provided by or under the direction and supervision of
a licensed physical therapist.
18. Physical therapy compact commission or commission. "Physical therapy
compact commission" or "commission" means the national administrative body whose
membership consists of all states that have enacted the compact pursuant to section 18708.
19. Physical therapy licensing board or licensing board. "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. "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. "Rule" means a regulation, principle or directive promulgated by the
commission that has the force of law.
22. State. "State" means any state, commonwealth, district or territory of the United
States that regulates the practice of physical therapy.
§18704. State participation in the compact
1. Participation requirements. To participate in the compact, a state must:
A. Participate fully in the commission's data system, including using the commission's
unique identifier as defined in rules;
B. Have a mechanism in place for receiving and investigating complaints about
licensees;
C. 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;
D. 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 subsection 2;
E. Comply with the rules of the commission;
F. Utilize a recognized national examination as a requirement for licensure pursuant
to the rules of the commission; and
G. Have continuing competence requirements as a condition for license renewal.
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 2. Biometric-based information. Upon adoption of this compact, the member state
has 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 United States Code, Section 534 and
42 United States Code, Section 14616.
3. Compact privilege. 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.
4. Fees. Member states may charge a fee for granting a compact privilege.
§18705. Compact privilege
1. Compact privilege. To exercise the compact privilege under the terms and
provisions of the compact, the licensee:
A. Must hold a license in the home state;
B. May not have an encumbrance on any state license;
C. Must be eligible for a compact privilege in any member state in accordance with
subsections 4, 7 and 8;
D. May not have an adverse action against any license or compact privilege within the
previous 2 years;
E. Must notify the commission that the licensee is seeking the compact privilege within
a remote state;
F. Must pay any applicable fees, including any state fee, for the compact privilege;
G. Must meet any jurisprudence requirements established by the remote state in which
the licensee is seeking a compact privilege; and
H. Must report to the commission adverse action taken by any nonmember state within
30 days from the date the adverse action is taken.
2. Validity. The compact privilege is valid until the expiration date of the home state
license. The licensee must comply with the requirements of subsection 1 to maintain the
compact privilege in the remote state.
3. Laws and regulations. A licensee providing physical therapy in a remote state
under the compact privilege shall function within the laws and regulations of the remote
state.
4. Regulation. 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 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 member
state until the specific time for removal has passed and all fines are paid.
5. Encumbrance. If a home state license is encumbered, the licensee must lose the
compact privilege in any remote state until the following occur:
A. The home state license is no longer encumbered; and
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 B. Two years have elapsed from the date of the adverse action.
6. Restoration after encumbrance. Once an encumbered license in the home state
is restored to good standing, the licensee must meet the requirements of subsection 1 to
obtain a compact privilege in any remote state.
7. Removal. If a licensee's compact privilege in any remote state is removed, the
individual must lose the compact privilege in any remote state until the following occur:
A. The specific period of time for which the compact privilege was removed has
ended;
B. All fines have been paid; and
C. Two years have elapsed from the date of the adverse action.
8. Restoration after removal. Once the requirements of subsection 7 have been met,
the licensee must meet the requirements in subsection 1 to obtain a compact privilege in a
remote state.
§18706. 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. Home of record;
2. Permanent change of station. Permanent change of station; or
3. Current residence. State of current residence if it is different than the permanent
change of station state or home of record.
§18707. Adverse actions
1. Adverse action authority. A home state has exclusive power to take adverse action
against a license issued by the home state.
2. Remote state investigative information. A home state may take adverse action
based on the investigative information of a remote state, as long as the home state follows
the home state's procedures for taking adverse action.
3. Alternative program. Nothing in this compact overrides a member state's decision
that participation in an alternative program may be used in lieu of adverse action and that
such participation remains 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.
4. Member state authority. Any member state may investigate actual or alleged
violations of the laws 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.
5. Remote state authority. A remote state has the authority to:
A. Take adverse actions as set forth in section 18705, subsection 4 against a licensee's
compact privilege in the state;
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 B. 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
or the production of evidence from another party state must 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 laws of the state where the witnesses or evidence are located; and
C. 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.
6. Joint investigations. 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.
Member states shall share any investigative, litigation or compliance materials in
furtherance of any joint or individual investigation initiated under the compact.
§18708. Establishment of physical therapy compact commission
1. Commission established. The member states hereby create and establish a joint
public agency known as the physical therapy compact commission.
A. The commission is an instrumentality of the compact states.
B. Venue is proper and judicial proceedings by or against the commission must 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.
C. Nothing in this compact may be construed to be a waiver of sovereign immunity.
2. Membership; voting; meetings. Membership, voting and meetings are governed
by this subsection.
A. Each member state has and is limited to one delegate selected by that member state's
licensing board.
B. The delegate must be either:
(1) A current member of the licensing board, who is a physical therapist, physical
therapist assistant or public member; or
(2) An administrator of the licensing board.
C. Any delegate may be removed or suspended from office as provided by the law of
the state from which the delegate is appointed.
D. The member state licensing board shall fill any vacancy occurring on the
commission.
E. Each delegate is entitled to one vote with regard to the promulgation of rules and
creation of bylaws and must otherwise have an opportunity to participate in the
business and affairs of the commission.
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F. 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.
G. The commission shall meet at least once during each calendar year. Additional
meetings must be held as set forth in the bylaws.
3. Powers and duties. The commission has the following powers and duties:
A. Establish the fiscal year of the commission;
B. Establish bylaws;
C. Maintain its financial records in accordance with the bylaws;
D. Meet and take such actions as are consistent with the provisions of this compact
and the bylaws;
E. Promulgate uniform rules to facilitate and coordinate implementation and
administration of this compact. The rules have the force and effect of law and are
binding in all member states;
F. Bring and prosecute legal proceedings or actions in the name of the commission, as
long as the standing of any state physical therapy licensing board to sue or be sued
under applicable law is not affected;
G. Purchase and maintain insurance and bonds;
H. Borrow, accept or contract for services of personnel, including, but not limited to,
employees of a member state;
I. Hire employees, elect or appoint officers, fix compensation, define duties and grant
such individuals appropriate authority to carry out the purposes of the compact and
establish the commission's personnel policies and programs relating to conflicts of
interest, qualifications of personnel and other related personnel matters;
J. Accept appropriate donations and grants of money, equipment, supplies, materials
and services and receive, utilize and dispose of the same, as long as at all times the
commission avoids any appearance of impropriety or conflict of inte