A bill for an act
relating to health occupations; creating a physical therapy interstate licensure
compact; proposing coding for new law in Minnesota Statutes, chapter 148.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [148.675] PHYSICAL THERAPY LICENSURE COMPACT.
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new text begin The physical therapy licensure compact is enacted into law and entered into with all
other jurisdictions legally joining in the compact in the form substantially specified in this
section.
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new text begin ARTICLE I
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new text begin PURPOSE
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new text begin 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 or client is located at the time of the patient or
client encounter. The compact preserves the regulatory authority of states to protect public
health and safety through the current system of state licensure.
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new text begin This compact is designed to achieve the following objectives:
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new text begin (1) increase public access to physical therapy services by providing for the mutual
recognition of other member state licenses;
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new text begin (2) enhance the states' ability to protect the public's health and safety;
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new text begin (3) encourage the cooperation of member states in regulating multistate physical therapy
practice;
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new text begin (4) support spouses of relocating military members;
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new text begin (5) enhance the exchange of licensure, investigative, and disciplinary information between
member states; and
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new text begin (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.
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new text begin ARTICLE II
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new text begin DEFINITIONS
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new text begin As used in this compact, and except as otherwise provided, the following terms have
the meanings given them.
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new text begin (a) "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 United States Code, title 10, chapters 1209 and 1211.
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new text begin (b) "Adverse action" means disciplinary action taken by a physical therapy licensing
board based upon misconduct, unacceptable performance, or a combination of both.
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new text begin (c) "Alternative program" means a nondisciplinary monitoring or practice remediation
process approved by a physical therapy licensing board. Alternative program includes but
is not limited to substance abuse issues.
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new text begin (d) "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 or client is located at the time of the
patient or client encounter.
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new text begin (e) "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.
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new text begin (f) "Data system" means a repository of information about licensees, including
examination, licensure, investigative, compact privilege, and adverse action.
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new text begin (g) "Encumbered license" means a license that a physical therapy licensing board has
limited in any way.
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new text begin (h) "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.
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new text begin (i) "Home state" means the member state that is the licensee's primary state of residence.
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new text begin (j) "Investigative information" means information, records, and documents received or
generated by a physical therapy licensing board pursuant to an investigation.
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new text begin (k) "Jurisprudence requirement" means the assessment of an individual's knowledge of
the laws and rules governing the practice of physical therapy in a state.
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new text begin (l) "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.
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new text begin (m) "Member state" means a state that has enacted the compact.
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new text begin (n) "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.
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new text begin (o) "Physical therapist" means an individual who is licensed by a state to practice physical
therapy.
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new text begin (p) "Physical therapist assistant" means an individual who is licensed or certified by a
state and who assists the physical therapist in selected components of physical therapy.
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new text begin (q) "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.
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new text begin (r) "Physical Therapy Compact Commission" or "commission" means the national
administrative body whose membership consists of all states that have enacted the compact.
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new text begin (s) "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.
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new text begin (t) "Remote state" means a member state other than the home state where a licensee is
exercising or seeking to exercise the compact privilege.
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new text begin (u) "Rule" means a regulation, principle, or directive promulgated by the commission
that has the force of law.
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new text begin (v) "State" means any state, commonwealth, district, or territory of the United States
that regulates the practice of physical therapy.
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new text begin ARTICLE III
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new text begin STATE PARTICIPATION IN THE COMPACT
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new text begin (a) To participate in the compact, a state must:
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new text begin (1) participate fully in the commission's data system, including using the commission's
unique identifier as defined in rules;
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new text begin (2) have a mechanism in place for receiving and investigating complaints about licensees;
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new text begin (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;
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new text begin (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 criminal background checks and use the results in making licensure decisions in
accordance with paragraph (b);
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new text begin (5) comply with the rules of the commission;
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new text begin (6) utilize a recognized national examination as a requirement for licensure pursuant to
the rules of the commission; and
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new text begin (7) have continuing competence requirements as a condition for license renewal.
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new text begin (b) Upon adoption of this compact, 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 United States Code, title 28, section 534, and United States Code, title 42,
section 14616.
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new text begin (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.
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new text begin (d) Member states may charge a fee for granting a compact privilege.
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new text begin ARTICLE IV
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new text begin COMPACT PRIVILEGE
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new text begin (a) To exercise the compact privilege under the terms and provisions of the compact,
the licensee shall:
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