F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 281 2023
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
Page 1 of 51
CODING: Words stricken are deletions; words underlined are additions.
hb0281-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 281 2023
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; providing
32 construction; directing member states that use
33 alternative programs in lieu of discipline to require
34 the licensee to agree not to practice in other member
35 states while participating in the program, unless
36 authorized by the member state; authorizing member
37 states to investigate violations by licensees in other
38 member states; authorizing member states to take
39 adverse action against compact privileges issued in
40 their respective states; providing for joint
41 investigations of licensees under the compact;
42 establishing the Physical Therapy Compact Commission;
43 providing for the venue and jurisdiction for court
44 proceedings by or against the commission; providing
45 construction; providing for commission membership,
46 voting, and meetings; authorizing the commission to
47 convene closed, nonpublic meetings under certain
48 circumstances; specifying duties and powers of the
49 commission; providing for membership and duties of the
50 executive board of the commission; providing for
Page 2 of 51
CODING: Words stricken are deletions; words underlined are additions.
hb0281-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 281 2023
51 financing of the commission; providing for qualified
52 immunity, defense, and indemnification of the
53 commission; requiring the commission to develop and
54 maintain a coordinated database and reporting system
55 for certain information about licensees under the
56 compact; requiring member states to submit specified
57 information to the system; requiring that information
58 contained in the system be available only to member
59 states; requiring the commission to promptly notify
60 all member states of reported adverse action taken
61 against licensees or applicants for licensure;
62 authorizing member states to designate reported
63 information as exempt from public disclosure;
64 providing for the removal of submitted information
65 from the system under certain circumstances; providing
66 for commission rulemaking; providing for state
67 enforcement of the compact; providing for the default
68 and termination of compact membership; providing for
69 appeals and costs; providing procedures for the
70 resolution of certain disputes; providing for
71 enforcement against a defaulting state; providing
72 construction; providing for implementation and
73 administration of the compact and associated rules;
74 providing that compact states that join after initial
75 adoption of the commission's rules are subject to such
Page 3 of 51
CODING: Words stricken are deletions; words underlined are additions.
hb0281-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 281 2023
76 rules; specifying procedures for compact states to
77 withdraw from the compact; providing construction;
78 providing for amendment of the compact; providing
79 construction and severability; amending s. 456.073,
80 F.S.; requiring the Department of Health to report
81 certain investigative information to the data system;
82 amending s. 456.076, F.S.; requiring monitoring
83 contracts for certain impaired practitioners
84 participating in treatment programs to contain
85 specified terms; amending s. 486.023, F.S.; requiring
86 the Board of Physical Therapy Practice to appoint an
87 individual to serve as the state's delegate on the
88 Physical Therapy Compact Commission; amending ss.
89 486.028, 486.031, 486.081, 486.102, and 486.107, F.S.;
90 exempting physical therapists and physical therapist
91 assistants from licensure requirements if they are
92 practicing in this state pursuant to a compact
93 privilege under the compact; amending s. 486.125,
94 F.S.; authorizing the board to take adverse action
95 against the compact privilege of physical therapists
96 and physical therapist assistants for specified
97 prohibited acts; amending s. 768.28, F.S.; designating
98 the state delegate and other members or employees of
99 the commission as state agents for the purpose of
100 applying sovereign immunity and waivers of sovereign
Page 4 of 51
CODING: Words stricken are deletions; words underlined are additions.
hb0281-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 281 2023
101 immunity; requiring the commission to pay certain
102 claims or judgments; authorizing the commission to
103 maintain insurance coverage to pay such claims or
104 judgments; amending ss. 486.025, 486.0715, and
105 486.1065, F.S.; conforming cross-references; providing
106 an effective date.
107 Be It Enacted by the Legislature of the State of Florida:
108
109 Section 1. Section 486.112, Florida Statutes, is created
110 to 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 pres erves 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
Page 5 of 51
CODING: Words stricken are deletions; words underlined are additions.
hb0281-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 281 2023
126 to the patient.
127 (2) The compact is designed to achieve all of the
128 following 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.
Page 6 of 51
CODING: Words stricken are deletions; words underlined are additions.
hb0281-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 281 2023
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.
Page 7 of 51
CODING: Words stricken are deletions; words underlined are additions.
hb0281-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 281 2023
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
179 or appointed to act on behalf of, and within the powers granted
180 to 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
187 an 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
195 a 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
Page 8 of 51
CODING: Words stricken are deletions; words underlined are additions.
hb0281-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 281 2023
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
206 of a state which is responsible for the licensing and regulation
207 of 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