Florida Senate - 2023 SB 156



By Senator Harrell





31-00160-23 2023156__
1 A bill to be entitled
2 An act relating to the Physical Therapy Licensure
3 Compact; creating s. 486.112, F.S.; creating the
4 Physical Therapy Licensure Compact; providing a
5 purpose and objectives of the compact; defining terms;
6 specifying requirements for state participation in the
7 compact; authorizing member states to obtain
8 biometric-based information from and conduct criminal
9 background checks on licensees applying for a compact
10 privilege; requiring member states to grant the
11 compact privilege to licensees if they meet specified
12 criteria; specifying criteria licensees must meet to
13 exercise the compact privilege under the compact;
14 providing for the expiration of the compact privilege;
15 requiring licensees practicing in a remote state under
16 the compact privilege to comply with the laws and
17 rules of that state; subjecting licensees to the
18 regulatory authority of remote states where they
19 practice under the compact privilege; providing for
20 disciplinary action; specifying circumstances under
21 which licensees are ineligible for a compact
22 privilege; specifying conditions that a licensee must
23 meet to regain his or her compact privilege after an
24 adverse action; specifying locations active duty
25 military personnel and their spouses may use to
26 designate their home state for purposes of the
27 compact; providing that only a home state may impose
28 adverse action against a license issued by that state;
29 authorizing home states to take adverse action based
30 on investigative information of a remote state,
31 subject to certain requirements; directing member
32 states that use alternative programs in lieu of
33 discipline to require the licensee to agree not to
34 practice in other member states while participating in
35 the program, unless authorized by the member state;
36 authorizing member states to investigate violations by
37 licensees in other member states; authorizing member
38 states to take adverse action against compact
39 privileges issued in their respective states;
40 providing for joint investigations of licensees under
41 the compact; establishing the Physical Therapy Compact
42 Commission; providing for the venue and jurisdiction
43 for court proceedings by or against the commission;
44 providing construction; providing for commission
45 membership, voting, and meetings; authorizing the
46 commission to convene closed, nonpublic meetings under
47 certain circumstances; specifying duties and powers of
48 the commission; providing for membership and duties of
49 the executive board of the commission; providing for
50 financing of the commission; providing for qualified
51 immunity, defense, and indemnification of the
52 commission; requiring the commission to develop and
53 maintain a coordinated database and reporting system
54 for certain information about licensees under the
55 compact; requiring member states to submit specified
56 information to the system; requiring that information
57 contained in the system be available only to member
58 states; requiring the commission to promptly notify
59 all member states of reported adverse action taken
60 against licensees or applicants for licensure;
61 authorizing member states to designate reported
62 information as exempt from public disclosure;
63 providing for the removal of submitted information
64 from the system under certain circumstances; providing
65 for commission rulemaking; providing construction;
66 providing for state enforcement of the compact;
67 providing for the default and termination of compact
68 membership; providing for appeals and costs; providing
69 procedures for the resolution of certain disputes;
70 providing for enforcement against a defaulting state;
71 providing construction; providing for implementation
72 and administration of the compact and associated
73 rules; providing that compact states that join after
74 initial adoption of the commission’s rules are subject
75 to such rules; specifying procedures for compact
76 states to withdraw from the compact; providing
77 construction; providing for amendment of the compact;
78 providing construction and severability; amending s.
79 456.073, F.S.; requiring the Department of Health to
80 report certain investigative information to the data
81 system; amending s. 456.076, F.S.; requiring
82 monitoring contracts for certain impaired
83 practitioners participating in treatment programs to
84 contain specified terms; amending s. 486.023, F.S.;
85 requiring the Board of Physical Therapy Practice to
86 appoint an individual to serve as the state’s delegate
87 on the Physical Therapy Compact Commission; amending
88 ss. 486.028, 486.031, 486.081, 486.102, and 486.107,
89 F.S.; exempting physical therapists and physical
90 therapist assistants from licensure requirements if
91 they are practicing in this state pursuant to a
92 compact privilege under the compact; amending s.
93 486.125, F.S.; authorizing the board to take adverse
94 action against the compact privilege of physical
95 therapists and physical therapist assistants for
96 specified prohibited acts; amending s. 768.28, F.S.;
97 designating the state delegate and other members or
98 employees of the commission as state agents for the
99 purpose of applying sovereign immunity and waivers of
100 sovereign immunity; requiring the commission to pay
101 certain claims or judgments; authorizing the
102 commission to maintain insurance coverage to pay such
103 claims or judgments; amending ss. 486.025, 486.0715,
104 and 486.1065, F.S.; conforming cross-references;
105 providing an effective date.
106
107 Be It Enacted by the Legislature of the State of Florida:
108
109 Section 1. Section 486.112, Florida Statutes, is created to
110 read:
111 486.112 Physical Therapy Licensure Compact.—The Physical
112 Therapy Licensure Compact is hereby enacted into law and entered
113 into by this state with all other jurisdictions legally joining
114 therein in the form substantially as follows:
115
116 ARTICLE I
117 PURPOSE AND OBJECTIVES
118 (1) The purpose of the compact is to facilitate interstate
119 practice of physical therapy with the goal of improving public
120 access to physical therapy services. The compact preserves the
121 regulatory authority of member states to protect public health
122 and safety through their current systems of state licensure. For
123 purposes of state regulation under the compact, the practice of
124 physical therapy is deemed to have occurred in the state where
125 the patient is located at the time physical therapy is provided
126 to the patient.
127 (2) The compact is designed to achieve all of the following
128 objectives:
129 (a) Increase public access to physical therapy services by
130 providing for the mutual recognition of other member state
131 licenses.
132 (b) Enhance the states’ ability to protect the public’s
133 health and safety.
134 (c) Encourage the cooperation of member states in
135 regulating multistate physical therapy practice.
136 (d) Support spouses of relocating military members.
137 (e) Enhance the exchange of licensure, investigative, and
138 disciplinary information between member states.
139 (f) Allow a remote state to hold a provider of services
140 with a compact privilege in that state accountable to that
141 state’s practice standards.
142
143 ARTICLE II
144 DEFINITIONS
145 As used in the compact, and except as otherwise provided,
146 the term:
147 (1)“Active duty military” means full-time duty status in
148 the active uniformed service of the United States, including
149 members of the National Guard and Reserve on active duty orders
150 pursuant to 10 U.S.C. chapter 1209 or chapter 1211.
151 (2) “Adverse action” means disciplinary action taken by a
152 physical therapy licensing board based upon misconduct,
153 unacceptable performance, or a combination of both.
154 (3) “Alternative program” means a nondisciplinary
155 monitoring or practice remediation process approved by a state’s
156 physical therapy licensing board. The term includes, but is not
157 limited to, programs that address substance abuse issues.
158 (4) “Compact privilege” means the authorization granted by
159 a remote state to allow a licensee from another member state to
160 practice as a physical therapist or physical therapist assistant
161 in the remote state under its laws and rules.
162 (5) “Continuing competence” means a requirement, as a
163 condition of license renewal, to provide evidence of
164 participation in, and completion of, educational and
165 professional activities relevant to the practice of physical
166 therapy.
167 (6) “Data system” means the coordinated database and
168 reporting system created by the Physical Therapy Compact
169 Commission for the exchange of information between member states
170 relating to licensees or applicants under the compact, including
171 identifying information, licensure data, investigative
172 information, adverse actions, nonconfidential information
173 related to alternative program participation, any denials of
174 applications for licensure, and other information as specified
175 by commission rule.
176 (7) “Encumbered license” means a license that a physical
177 therapy licensing board has limited in any way.
178 (8) “Executive board” means a group of directors elected or
179 appointed to act on behalf of, and within the powers granted to
180 them by, the commission.
181 (9) “Home state” means the member state that is the
182 licensee’s primary state of residence.
183 (10) “Investigative information” means information,
184 records, and documents received or generated by a physical
185 therapy licensing board pursuant to an investigation.
186 (11) “Jurisprudence requirement” means the assessment of an
187 individual’s knowledge of the laws and rules governing the
188 practice of physical therapy in a specific state.
189 (12) “Licensee” means an individual who currently holds an
190 authorization from a state to practice as a physical therapist
191 or physical therapist assistant.
192 (13) “Member state” means a state that has enacted the
193 compact.
194 (14) “Physical therapist” means an individual licensed by a
195 state to practice physical therapy.
196 (15) “Physical therapist assistant” means an individual
197 licensed by a state to assist a physical therapist in specified
198 areas of physical therapy.
199 (16) “Physical therapy” or “the practice of physical
200 therapy” means the care and services provided by or under the
201 direction and supervision of a licensed physical therapist.
202 (17) “Physical Therapy Compact Commission” or “commission”
203 means the national administrative body whose membership consists
204 of all states that have enacted the compact.
205 (18) “Physical therapy licensing board” means the agency of
206 a state which is responsible for the licensing and regulation of
207 physical therapists and physical therapist assistants.
208 (19) “Remote state” means a member state other than the
209 home state where a licensee is exercising or seeking to exercise
210 the compact privilege.
211 (20) “Rule” means a regulation, principle, or directive
212 adopted by the commission which has the force of law.
213 (21) “State” means any state, commonwealth, district, or
214 territory of the United States of America which regulates the
215 practice of physical therapy.
216
217 ARTICLE III
218 STATE PARTICIPATION IN THE COMPACT
219 (1) To participate in the compact, a state must do all of
220 the following:
221 (a) Participate fully in the commission’s data system,
222 including using the commission’s unique identifier, as defined
223 by commission rule.
224 (b) Have a mechanism in place for receiving and
225 investigating complaints about licensees.
226 (c) Notify the commission, in accordance with the terms of
227 the compact and rules, of any adverse action or the availability
228 of investigative information regarding a licensee.
229 (d) Fully implement a criminal background check
230 requirement, within a timeframe established by commission rule,
231 which uses results from the Federal Bureau of Investigation
232 record search on criminal background checks to make licensure
233 decisions in accordance with subsection (2).
234 (e) Comply with the commission’s rules.
235 (f) Use a recognized national examination as a requirement
236 for licensure pursuant to the commission’s rules.
237 (g) Have continuing competence requirements as a condition
238 for license renewal.
239 (2) Upon adoption of the compact, a member state has the
240 authority to obtain biometric-based information from each
241 licensee applying for a compact privilege and submit this
242 information to the Federal Bureau of Investigation for a
243 criminal background check in accordance with 28 U.S.C. s. 534
244 and 34 U.S.C. s. 40316.
245 (3) A member state must grant the compact privilege to a
246 licensee holding a valid unencumbered license in another member
247 state in accordance with the terms of the compact and rules.
248
249 ARTICLE IV
250 COMPACT PRIVILEGE
251 (1) To exercise the compact privilege under the compact, a
252 licensee must satisfy all of the following conditions:
253 (a) Hold a license in the home state.
254 (b) Not have an encumbrance on any state license.
255 (c) Be eligible for a compact privilege in all member
256 states in accordance with subsections (4), (7), and (8).
257 (d) Not have had an adverse action against any license or
258 compact privilege within the preceding 2 years.
259 (e) Notify the commission that the licensee is seeking the
260 compact privilege within a remote state.
261 (f) Meet any jurisprudence requirements established by the
262 remote state in which the licensee is seeking a compact
263 privilege.
264 (g) Report to the commission adverse action taken by any
265 nonmember state within 30 days after the date the adverse action
266 is taken.
267 (2) The compact privilege is valid until the expiration
268 date of the home license. The licensee must continue to meet the
269 requirements of subsection (1) to maintain the compact privilege
270 in a remote state.
271 (3) A licensee providing physical therapy in a remote state
272 under the compact privilege must comply with the laws and rules
273 of the remote state.
274 (4) A licensee providing physical therapy in a remote state
275 is subject to that state’s regulatory authority. A remote state
276 may, in accordance with due process and that state’s laws,
277 remove a licensee’s compact privilege in the remote state for a
278 specific period of time, impose fines, and take any other
279 necessary actions to protect the health and safety of its
280 citizens. The licensee is not eligible for a compact privilege
281 in any member state until the specific period of time for
282 removal has ended and all fines are paid.
283 (5) If a home state license is encumbered, the licensee
284 loses the compact privilege in any remote state until the
285 following conditions are met:
286 (a) The home state license is no longer encumbered.
287 (b) Two years have elapsed from the date of the adverse
288 action.