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 commissionâs 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 stateâs 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.âSection 486.112, Florida Statutes, is created to 110 read: 111 486.112âPhysical Therapy Licensure Compact.âThe 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)âThe 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)âThe compact is designed to achieve all of the following 128 objectives: 129 (a)âIncrease public access to physical therapy services by 130 providing for the mutual recognition of other member state 131 licenses. 132 (b)âEnhance the statesâ ability to protect the publicâs 133 health and safety. 134 (c)âEncourage the cooperation of member states in 135 regulating multistate physical therapy practice. 136 (d)âSupport spouses of relocating military members. 137 (e)âEnhance the exchange of licensure, investigative, and 138 disciplinary information between member states. 139 (f)âAllow a remote state to hold a provider of services 140 with a compact privilege in that state accountable to that 141 stateâs practice standards. 142 143 ARTICLE II 144 DEFINITIONS 145 As used in the compact, and except as otherwise provided, 146 the term: 147 (1)âActive duty militaryâ 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)ââAdverse actionâ means disciplinary action taken by a 152 physical therapy licensing board based upon misconduct, 153 unacceptable performance, or a combination of both. 154 (3)ââAlternative programâ means a nondisciplinary 155 monitoring or practice remediation process approved by a stateâs 156 physical therapy licensing board. The term includes, but is not 157 limited to, programs that address substance abuse issues. 158 (4)ââCompact privilegeâ 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)ââContinuing competenceâ 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)ââData systemâ 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)ââEncumbered licenseâ means a license that a physical 177 therapy licensing board has limited in any way. 178 (8)ââExecutive boardâ 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)ââHome stateâ means the member state that is the 182 licenseeâs primary state of residence. 183 (10)ââInvestigative informationâ means information, 184 records, and documents received or generated by a physical 185 therapy licensing board pursuant to an investigation. 186 (11)ââJurisprudence requirementâ means the assessment of an 187 individualâs knowledge of the laws and rules governing the 188 practice of physical therapy in a specific state. 189 (12)ââLicenseeâ 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)ââMember stateâ means a state that has enacted the 193 compact. 194 (14)ââPhysical therapistâ means an individual licensed by a 195 state to practice physical therapy. 196 (15)ââPhysical therapist assistantâ means an individual 197 licensed by a state to assist a physical therapist in specified 198 areas of physical therapy. 199 (16)ââPhysical therapyâ or âthe practice of physical 200 therapyâ means the care and services provided by or under the 201 direction and supervision of a licensed physical therapist. 202 (17)ââPhysical Therapy Compact Commissionâ or âcommissionâ 203 means the national administrative body whose membership consists 204 of all states that have enacted the compact. 205 (18)ââPhysical therapy licensing boardâ 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)ââRemote stateâ 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)ââRuleâ means a regulation, principle, or directive 212 adopted by the commission which has the force of law. 213 (21)ââStateâ 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)âTo participate in the compact, a state must do all of 220 the following: 221 (a)âParticipate fully in the commissionâs data system, 222 including using the commissionâs unique identifier, as defined 223 by commission rule. 224 (b)âHave a mechanism in place for receiving and 225 investigating complaints about licensees. 226 (c)âNotify 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)âFully 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)âComply with the commissionâs rules. 235 (f)âUse a recognized national examination as a requirement 236 for licensure pursuant to the commissionâs rules. 237 (g)âHave continuing competence requirements as a condition 238 for license renewal. 239 (2)âUpon 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)âA 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)âTo exercise the compact privilege under the compact, a 252 licensee must satisfy all of the following conditions: 253 (a)âHold a license in the home state. 254 (b)âNot have an encumbrance on any state license. 255 (c)âBe eligible for a compact privilege in all member 256 states in accordance with subsections (4), (7), and (8). 257 (d)âNot have had an adverse action against any license or 258 compact privilege within the preceding 2 years. 259 (e)âNotify the commission that the licensee is seeking the 260 compact privilege within a remote state. 261 (f)âMeet any jurisprudence requirements established by the 262 remote state in which the licensee is seeking a compact 263 privilege. 264 (g)âReport 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)âThe 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)âA 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)âA licensee providing physical therapy in a remote state 275 is subject to that stateâs regulatory authority. A remote state 276 may, in accordance with due process and that stateâs laws, 277 remove a licenseeâs 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)âIf 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)âThe home state license is no longer encumbered. 287 (b)âTwo years have elapsed from the date of the adverse 288 action.