1 SB82
2 203231-3
3 By Senator Whatley
4 RFD: Veterans and Military Affairs
5 First Read: 02-FEB-21
6 PFD: 01/27/2021
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1 SB82
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4 ENROLLED, An Act,
5 Relating to the licensed practice of physical
6 therapy; to provide and adopt the Physical Therapy Licensure
7 Compact to allow interstate practice by licensed physical
8 therapists and physical therapist assistants among party
9 states; to authorize regulatory authorities in party states to
10 legally recognize, in a manner consistent with terms of the
11 compact, physical therapists and physical therapist assistants
12 licensed within those states; to provide eligibility
13 requirements for licensed physical therapists and physical
14 therapist assistants to practice pursuant to the compact; to
15 provide for a coordinated database and reporting system
16 containing licensure, adverse action, and investigative
17 information on licensees; to provide for investigations and
18 disciplinary actions; to establish the Physical Therapy
19 Compact Commission, and to provide for membership, powers, and
20 duties, and provide for rulemaking functions of the
21 commission; to provide for oversight of the compact,
22 enforcement of the compact, dispute resolution, and withdrawal
23 of party states; and to amend Section 34-24-211, Code of
24 Alabama 1975, to require applicants seeking licensure as a
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1 physical therapist or physical therapist assistant to submit
2 to a criminal background check.
3 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
4 Section 1. PURPOSE.
5 (a) The purpose of this compact is to facilitate
6 interstate practice of physical therapy with the goal of
7 improving public access to physical therapy services. The
8 practice of physical therapy occurs in the state where the
9 patient/client is located at the time of the patient/client
10 encounter. The compact preserves the regulatory authority of
11 states to protect public health and safety through the current
12 system of state licensure.
13 (b) This compact is designed to achieve the
14 following objectives:
15 (1) Increase public access to physical therapy
16 services by providing for the mutual recognition of other
17 member state licenses.
18 (2) Enhance the states' ability to protect public
19 health and safety.
20 (3) Encourage the cooperation of member states in
21 regulating multi-state physical therapy practice.
22 (4) Support spouses of relocating military members.
23 (5) Enhance the exchange of licensure,
24 investigative, and disciplinary information between member
25 states.
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1 (6) Allow a remote state to hold a provider of
2 services with a compact privilege in that state accountable
3 under that state's practice standards.
4 Section 2. DEFINITIONS.
5 As used in this compact, and except as otherwise
6 provided, the following terms have the following meanings:
7 (1) ACTIVE DUTY MILITARY. Full-time duty status in
8 the active uniformed service of the United States, including
9 members of the National Guard and Reserve on active duty
10 orders pursuant to 10 U.S.C. 1209 and 1211.
11 (2) ADVERSE ACTION. Disciplinary action taken by a
12 physical therapy licensing board based upon misconduct,
13 unacceptable performance, or both.
14 (3) ALTERNATIVE PROGRAM. A non-disciplinary
15 monitoring or practice remediation process approved by a
16 physical therapy licensing board, including, but not limited
17 to, substance abuse issues.
18 (4) COMPACT PRIVILEGE. The authorization granted by
19 a remote state to allow a licensee from another member state
20 to practice as a physical therapist or work as a physical
21 therapist assistant in the remote state under its laws and
22 rules. The practice of physical therapy occurs in the member
23 state where the patient/client is located at the time of the
24 patient/client encounter.
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1 (5) CONTINUING COMPETENCE. A requirement, as a
2 condition of license renewal, to provide evidence of
3 participation in, or completion of, educational and
4 professional activities relevant to practice or area of work.
5 (6) DATA SYSTEM. A repository of information about
6 licensees, including examination, licensure, investigative
7 information, compact privilege, and adverse action.
8 (7) ENCUMBERED LICENSE. A license that a physical
9 therapy licensing board has limited in any way.
10 (8) EXECUTIVE BOARD. A group of directors elected or
11 appointed to act on behalf of, and within the powers granted
12 to them by, the commission.
13 (9) HOME STATE. The member state that is the
14 licensee's primary state of residence.
15 (10) INVESTIGATIVE INFORMATION. Information,
16 records, and documents received or generated by a physical
17 therapy licensing board pursuant to an investigation.
18 (11) JURISPRUDENCE REQUIREMENT. The assessment of an
19 individual's knowledge of the laws and rules governing the
20 practice of physical therapy in a state.
21 (12) LICENSEE. An individual who currently holds an
22 authorization from a state to practice as a physical therapist
23 or to work as a physical therapist assistant.
24 (13) MEMBER STATE. A state that has enacted this
25 compact.
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1 (14) PARTY STATE. Any member state in which a
2 licensee holds a current license or compact privilege or is
3 applying for a license or compact privilege.
4 (15) PHYSICAL THERAPIST. An individual who is
5 licensed by a state to practice physical therapy.
6 (16) PHYSICAL THERAPIST ASSISTANT. An individual who
7 is licensed or certified by a state and who assists the
8 physical therapist in selected components of physical therapy.
9 (17) PHYSICAL THERAPY COMPACT COMMISSION or
10 COMMISSION. The national administrative body whose membership
11 consists of all states that have enacted this compact.
12 (18) PHYSICAL THERAPY, PHYSICAL THERAPY PRACTICE, or
13 THE PRACTICE OF PHYSICAL THERAPY. The care and services
14 provided by or under the direction and supervision of a
15 licensed physical therapist.
16 (19) PHYSICAL THERAPY LICENSING BOARD or LICENSING
17 BOARD. The agency of a state that is responsible for the
18 licensing and regulation of physical therapists and physical
19 therapist assistants.
20 (20) REMOTE STATE. A member state other than the
21 home state where a licensee is exercising or seeking to
22 exercise the compact privilege.
23 (21) RULE. A regulation, principle, or directive
24 adopted by the commission that has the force of law.
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1 (22) STATE. Any state, commonwealth, district, or
2 territory of the United States that regulates the practice of
3 physical therapy.
4 Section 3. STATE PARTICIPATION IN COMPACT.
5 (a) To participate in the compact, a state shall do
6 all of the following:
7 (1) Participate fully in the commission's data
8 system, including using the commission's unique identifier as
9 defined in rules.
10 (2) Have a mechanism in place for receiving and
11 investigating complaints about licensees.
12 (3) Notify the commission, in compliance with the
13 terms of the compact and rules, of any adverse action or the
14 availability of investigative information regarding a
15 licensee.
16 (4) Fully implement a criminal background check
17 requirement, within a time frame established by rule, by
18 receiving the results of the Federal Bureau of Investigation
19 record search on criminal background checks and use the
20 results in making licensure decisions in accordance with
21 subsection (b).
22 (5) Comply with the rules of the commission.
23 (6) Utilize a recognized national examination as a
24 requirement for licensure pursuant to the rules of the
25 commission.
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1 (7) Have continuing competence requirements as a
2 condition for license renewal.
3 (b) Upon adoption of this compact, the member state
4 shall have the authority to obtain biometric-based information
5 from each physical therapy licensure applicant and submit this
6 information to the Federal Bureau of Investigation for a
7 criminal background check in accordance with 28 U.S.C. 534
8 and 42 U.S.C. 14616.
9 (c) A member state shall grant the compact privilege
10 to a licensee holding a valid unencumbered license in another
11 member state in accordance with the terms of the compact and
12 rules.
13 (d) Member states may charge a fee for granting a
14 compact privilege.
15 Section 4. COMPACT PRIVILEGE.
16 (a) To exercise the compact privilege under the
17 terms and provisions of the compact, the licensee shall meet
18 all of the following requirements:
19 (1) Hold a license in the home state.
20 (2) Have no encumbrance on any state license.
21 (3) Be eligible for a compact privilege in any
22 member state in accordance with subsections (g) and (h).
23 (4) Have not had any adverse action against any
24 license or compact privilege within the previous two years.
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1 (5) Notify the commission that the licensee is
2 seeking the compact privilege within a remote state or states.
3 (6) Pay any applicable fees, including any state
4 fee, for the compact privilege.
5 (7) Meet any jurisprudence requirements established
6 by the remote state or states in which the licensee is seeking
7 a compact privilege.
8 (8) Report to the commission adverse action taken by
9 any non-member state within 30 days from the date the adverse
10 action is taken.
11 (b) The compact privilege is valid until the
12 expiration date of the home license. The licensee must comply
13 with the requirements of subsection (a) to maintain the
14 compact privilege in the remote state.
15 (c) A licensee providing physical therapy in a
16 remote state under the compact privilege shall function within
17 the laws and rules of the remote state.
18 (d) A licensee providing physical therapy in a
19 remote state is subject to that state's regulatory authority.
20 A remote state, in accordance with due process and that
21 state's laws, may remove a licensee's compact privilege in the
22 remote state for a specific period of time, impose fines, or
23 take any other necessary action to protect the health and
24 safety of its residents. The licensee is not eligible for a
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1 compact privilege in any state until the specific time for
2 removal has passed and all fines are paid.
3 (e) If a home state license is encumbered, the
4 licensee shall lose the compact privilege in any remote state
5 until both of the following occur:
6 (1) The home state license is no longer encumbered.
7 (2) Two years have elapsed from the date of the
8 adverse action.
9 (f) Once an encumbered license in the home state is
10 restored to good standing, the licensee shall meet the
11 requirements of subsection (a) to obtain a compact privilege
12 in any remote state.
13 (g) If a licensee's compact privilege in any remote
14 state is removed, the individual shall lose the compact
15 privilege in every remote state until all of the following
16 occur:
17 (1) The specific period of time for which the
18 compact privilege was removed has ended.
19 (2) All fines have been paid.
20 (3) Two years have elapsed from the date of the
21 adverse action.
22 (h) Once the requirements of subsection (g) have
23 been met, the licensee shall meet the requirements in
24 subsection (a) to obtain a compact privilege in a remote
25 state.
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1 Section 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR
2 SPOUSES.
3 A licensee who is active duty military or is the
4 spouse of an individual who is active duty military may
5 designate one of the following as the home state:
6 (1) Home of record.
7 (2) Permanent Change of Station (PCS).
8 (3) State of current residence if it is different
9 from the PCS state or home of record.
10 Section 6. ADVERSE ACTIONS.
11 (a) A home state shall have exclusive power to
12 impose adverse action against a license issued by the home
13 state.
14 (b) A home state may take adverse action based on
15 the investigative information of a remote state, provided that
16 the home state follows its own procedures for imposing adverse
17 action.
18 (c) Nothing in this compact shall override a member
19 state's decision that participation in an alternative program
20 may be used in lieu of adverse action and that such
21 participation shall remain non-public if required by the
22 member state's laws. Member states shall require licensees who
23 enter any alternative programs in lieu of discipline to agree
24 not to practice in any other member state during the term of
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1 the alternative program without prior authorization from such
2 other member state.
3 (d) Any member state may investigate actual or
4 alleged violations of the laws and rules authorizing the
5 practice of physical therapy in any other member state in
6 which a physical therapist or physical therapist assistant
7 holds a license or compact privilege.
8 (e) A remote state may do all of the following:
9 (1) Take adverse action as set forth in subsection
10 (d) of Section 4 against a licensee's compact privilege in the
11 state.
12 (2) Issue subpoenas for both hearings and
13 investigations that require the attendance and testimony of
14 witnesses and the production of evidence. Subpoenas issued by
15 a physical therapy licensing board in a party state for the
16 attendance and testimony of witnesses or the production of
17 evidence from another party state shall be enforced in the
18 latter state by any court of competent jurisdiction, according
19 to the practice and procedure of that court applicable to
20 subpoenas issued in proceedings pending before it. The issuing
21 authority shall pay any witness fees, travel expenses,
22 mileage, and other fees required by the service statutes of
23 the state where the witnesses or evidence are located.
24 (3) If otherwise permitted by state law, recover
25 from the licensee the costs of investigations and disposition
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1 of cases resulting from any adverse action taken against that
2 licensee.
3 (f) Joint investigations.
4 (1) In addition to the authority granted to a member
5 state by its respective physical therapy practice act or other
6 applicable state law, a member state may participate with
7 other member states in joint investigations of licensees.
8 (2) Member states shall share any investigative,
9 litigation, or compliance materials in furtherance of any
10 joint or individual investigation initiated under the compact.
11 Section 7. ESTABLISHMENT OF THE PHYSICAL THERAPY
12 COMPACT COMMISSION.
13 (a) The compact member states shall create and
14 establish a joint public agency known as the Physical Therapy
15 Compact Commission.
16 (1) The commission is an instrumentality of the
17 compact member states.
18 (2) Venue is proper and judicial proceedings by or
19 against the commission shall be brought solely and exclusively
20 in a court of competent jurisdiction where the principal
21 office of the commission is located. The commission may waive
22 venue and jurisdictional defenses to the extent it adopts or
23 consents to participate in alternative dispute resolution
24 proceedings.
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1 (3) Nothing in this compact shall be construed to be
2 a waiver of sovereign immunity.
3 (b) Membership, voting, and meetings.
4 (1) Each member state shall have and be limited to
5 one delegate selected by that member state's licensing board.
6 (2) The delegate shall be a current member of the
7 licensing board, who is a physical therapist, physical
8 th