Session of 2021
By Committee on Health and Human Services

1 AN ACT concerning physical therapy; enacting the physical therapy
2 licensure compact; providing for interstate practice authority for
3 physical therapists in compact states; authorizing criminal history
4 record checks; amending K.S.A. 65-2920 and 65-2923 and repealing
5 the existing sections.
7 Be it enacted by the Legislature of the State of Kansas:
8 New Section 1. This act shall be known and may be cited as the
9 physical therapy licensure compact.
13 (a) The purpose of this compact is to facilitate the interstate practice of
14 physical therapy with the goal of improving public access to physical
15 therapy services. The practice of physical therapy occurs in the state where
16 the patient or client is located at the time of the patient or client encounter.
17 The compact preserves the regulatory authority of states to protect public
18 health and safety through the current system of state licensure.
19 (b) This compact is designed to achieve the following objectives:
20 (1) Increase public access to physical therapy services by providing
21 for the mutual recognition of other member state licenses;
22 (2) enhance the states' ability to protect the public's health and safety;
23 (3) encourage the cooperation of member states in regulating multi-
24 state physical therapy practice;
25 (4) support spouses of relocating military members;
26 (5) enhance the exchange of licensure, investigative and disciplinary
27 information between member states; and
28 (6) allow a remote state to hold a provider of services with a compact
29 privilege in that state accountable to that state's practice standards.
32 As used in this compact, and except as otherwise provided, the
33 following definitions shall apply:
34 (a) "Active duty military" means full-time duty status in the active
35 uniformed service of the United States, including members of the national
36 guard and reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and
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1 1211.
2 (b) "Adverse action" means disciplinary action taken by a physical
3 therapy licensing board based upon misconduct, unacceptable
4 performance, or a combination of both.
5 (c) "Alternative program" means a non-disciplinary monitoring or
6 practice remediation process approved by a physical therapy licensing
7 board. This includes, but is not limited to, substance abuse issues.
8 (d) "Compact privilege" means the authorization granted by a remote
9 state to allow a licensee from another member state to practice as a
10 physical therapist or work as a physical therapist assistant in the remote
11 state under its laws and rules. The practice of physical therapy occurs in
12 the member state where the patient or client is located at the time of the
13 patient or client encounter.
14 (e) "Continuing competence" means a requirement, as a condition of
15 license renewal, to provide evidence of participation in, or completion of,
16 or both, educational and professional activities relevant to practice or the
17 area of work.
18 (f) "Data system" means a repository of information about licensees,
19 including examination, licensure, investigative, compact privilege and
20 adverse action.
21 (g) "Encumbered license" means a license that a physical therapy
22 licensing board has limited in any way.
23 (h) "Executive board" means a group of directors elected or appointed
24 to act on behalf of and, within the powers granted to them, by the
25 commission.
26 (i) "Home state" means the member state that is the licensee's primary
27 state of residence.
28 (j) "Investigative information" means information, records and
29 documents received or generated by a physical therapy licensing board
30 pursuant to an investigation.
31 (k) "Jurisprudence requirement" means the assessment of an
32 individual's knowledge of the laws and rules governing the practice of
33 physical therapy in a state.
34 (l) "Licensee" means an individual who currently holds an
35 authorization from the state to practice as a physical therapist or to work as
36 a physical therapist assistant.
37 (m) "Member state" means a state that has enacted the compact.
38 (n) "Party state" means any member state in which a licensee holds a
39 current license or compact privilege or is applying for a license or compact
40 privilege.
41 (o) "Physical therapist" means an individual who is licensed by a
42 state to practice physical therapy.
43 (p) "Physical therapist assistant" means an individual who is licensed
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1 or certified by a state and who assists the physical therapist in selected
2 components of physical therapy.
3 (q) "Physical therapy," "physical therapy practice," and "the practice
4 of physical therapy" means the care and services provided by or under the
5 direction and supervision of a licensed physical therapist.
6 (r) "Physical therapy compact commission" or "commission" means
7 the national administrative body whose membership consists of all states
8 that have enacted the compact.
9 (s) "Physical therapy licensing board" or "licensing board" means the
10 agency of a state that is responsible for the licensing and regulation of
11 physical therapists and physical therapist assistants.
12 (t) "Remote state" means a member state other than the home state,
13 where a licensee is exercising or seeking to exercise the compact privilege.
14 (u) "Rule" means a rule, regulation, principle or directive
15 promulgated by the commission that has the force of law.
16 (v) "State" means any state, commonwealth, district or territory of the
17 United States that regulates the practice of physical therapy.
20 (a) To participate in the compact, a state must:
21 (1) Participate fully in the commission's data system, including using
22 the commission's unique identifier as defined in rules;
23 (2) have a mechanism in place for receiving and investigating
24 complaints about licensees;
25 (3) notify the commission, in compliance with the terms of the
26 compact and rules, of any adverse action or the availability of investigative
27 information regarding a licensee;
28 (4) fully implement a criminal background check requirement, within
29 a time frame established by rule, by receiving the results of the federal
30 bureau of investigation record search on criminal background checks and
31 use the results in making licensure decisions in accordance with this
32 compact;
33 (5) comply with the rules of the commission;
34 (6) utilize a recognized national examination as a requirement for
35 licensure pursuant to the rules of the commission; and
36 (7) have continuing competence requirements as a condition for
37 license renewal.
38 (b) Upon adoption of this compact, the member state shall have the
39 authority to obtain biometric-based information from each physical
40 therapy licensure applicant and submit this information to the federal
41 bureau of investigation for a criminal background check in accordance
42 with 28 U.S.C. § 534 and 42 U.S.C. §14616.
43 (c) A member state shall grant the compact privilege to a licensee
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1 holding a valid unencumbered license in another member state in
2 accordance with the terms of the compact and rules.
3 (d) Member states may charge a fee for granting a compact privilege.
6 (a) To exercise the compact privilege under the terms and provisions of
7 the compact, the licensee shall:
8 (1) Hold a license in the home state;
9 (2) have no encumbrance on any state license;
10 (3) be eligible for a compact privilege in any member state in
11 accordance with section 4(d), (g) and (h);
12 (4) have not had any adverse action against any license or compact
13 privilege within the previous two years;
14 (5) notify the commission that the licensee is seeking the compact
15 privilege within a remote state;
16 (6) pay any applicable fees, including any state fee, for the compact
17 privilege;
18 (7) meet any jurisprudence requirements established by the remote
19 state in which the licensee is seeking a compact privilege; and
20 (8) report to the commission adverse action taken by any non-
21 member state within 30 days from the date the adverse action is taken.
22 (b) The compact privilege is valid until the expiration date of the
23 home license. The licensee must comply with the requirements of section
24 4(a) to maintain the compact privilege in the remote state.
25 (c) A licensee providing physical therapy in a remote state under the
26 compact privilege shall function within the laws and regulations of the
27 remote state.
28 (d) A licensee providing physical therapy in a remote state is subject
29 to that state's regulatory authority. A remote state may, in accordance with
30 due process and that state's laws, remove a licensee's compact privilege in
31 the remote state for a specific period of time or impose fines, or both, and
32 may take any other necessary actions to protect the health and safety of its
33 citizens. The licensee is not eligible for a compact privilege in any state
34 until the specific time for removal has passed and all fines are paid.
35 (e) If a home state license is encumbered, the licensee shall lose the
36 compact privilege in any remote state until the following occur:
37 (1) The home state license is no longer encumbered; and
38 (2) two years have elapsed from the date of the adverse action.
39 (f) Once an encumbered license in the home state is restored to good
40 standing, the licensee must meet the requirements of section 4(a) to obtain
41 a compact privilege in any remote state.
42 (g) If a licensees compact privilege in any remote state is removed,
43 the individual shall lose the compact privilege in any remote state until the
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1 following occur:
2 (1) The specific period of time for which the compact privilege was
3 removed has ended;
4 (2) all fines have been paid; and
5 (3) two years have elapsed from the date of the adverse action.
6 (h) Once the requirements of section 4(g) have been met, the licensee
7 must meet the requirements in section 4(a) to obtain a compact privilege in
8 a remote state.
11 A licensee who is active duty military or is the spouse of an individual
12 who is active duty military may designate one of the following as the
13 home state:
14 (a) Home of record;
15 (b) permanent change of station (PCS); or
16 (c) state of current residence, if it is different than the PCS state or
17 home of record.
20 (a) A home state shall have exclusive power to impose adverse action
21 against a license issued by the home state.
22 (b) A home state may take adverse action based on the investigative
23 information of a remote state, so long as the home state follows its own
24 procedures for imposing adverse action.
25 (c) Nothing in this compact shall override a member state's decision
26 that participation in an alternative program may be used in lieu of adverse
27 action and that such participation shall remain non-public if required by
28 the member state's laws. Member states must require licensees who enter
29 any alternative programs in lieu of discipline to agree not to practice in any
30 other member state during the term of the alternative program without
31 prior authorization from such other member state.
32 (d) Any member state may investigate actual or alleged violations of
33 the statutes and rules authorizing the practice of physical therapy in any
34 other member state in which a physical therapist or physical therapist
35 assistant holds a license or compact privilege.
36 (e) A remote state shall have the authority to:
37 (1) Take adverse actions as set forth in section 4(d) against a
38 licensee's compact privilege in the state;
39 (2) issue subpoenas for both hearings and investigations that require
40 the attendance and testimony of witnesses and the production of evidence.
41 Subpoenas issued by a physical therapy licensing board in a party state for
42 the attendance and testimony of witnesses, or the production of evidence,
43 or both, from another party state shall be enforced in the latter state by any
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1 court of competent jurisdiction according to the practice and procedure of
2 that court applicable to subpoenas issued in proceedings pending before
3 that court. The issuing authority shall pay any witness fees, travel
4 expenses, mileage and other fees required by the service statutes of the
5 state where the witnesses or evidence, or both, are located; and
6 (3) if otherwise permitted by state law, recover from the licensee the
7 costs of investigations and disposition of cases resulting from any adverse
8 action taken against that licensee.
9 (f) Joint investigations:
10 (1) In addition to the authority granted to a member state by its
11 respective physical therapy practice act or other applicable state law, a
12 member state may participate with other member states in joint
13 investigations of licensees.
14 (2) Member states shall share any investigative, litigation or
15 compliance materials in furtherance of any joint or individual investigation
16 initiated under the compact.
20 (a) The compact member states hereby create and establish a joint
21 public agency known as the physical therapy compact commission:
22 (1) The commission is an instrumentality of the compact states.
23 (2) Venue is proper and judicial proceedings by or against the
24 commission shall be brought solely and exclusively in a court of
25 competent jurisdiction where the principal office of the commission is
26 located. The commission may waive venue and jurisdictional defenses to
27 the extent it adopts or consents to participate in alternative dispute
28 resolution proceedings.
29 (3) Nothing in this compact shall be construed to be a waiver of
30 sovereign immunity.
31 (b) Membership, voting, and meetings:
32 (1) Each member state shall have and be limited to one delegate
33 selected by that member state's licensing board.
34 (2) The delegate shall be a current member of the licensing board,
35 who is a physical therapist, physical therapist assistant, public member or
36 the board administrator.
37 (3) Any delegate may be removed or suspended from office as
38 provided by the law of the state from which the delegate is appointed.
39 (4) The member state board shall fill any vacancy occurring in the
40 commission.
41 (5) Each delegate shall be entitled to one vote with regard to the
42 promulgation of rules and creation of bylaws and shall otherwise have an
43 opportunity to participate in the business and affairs of the commission.
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1 (6) A delegate shall vote in person or by such other means as
2 provided in the bylaws. The bylaws may provide for delegates'
3 participation in meetings by telephone or other means of communication.
4 (7) The commission shall meet at least once during each calendar
5 year. Additional meetings shall be held as set forth in the bylaws.
6 (c) The commission shall have the following powers and duties:
7 (1) Establish the fiscal year of the commission;
8 (2) establish bylaws;
9 (3) maintain its financial records in accordance with the bylaws;
10 (4) meet and take such actions as are consistent with the provisions of
11 this compact and the bylaws;
12 (5) promulgate uniform rules to facilitate and coordinate
13 implementation and administration of this compact. The rules shall have
14 the force and effect of law and shall be binding in all member states;
15 (6) bring and prosecute legal proceedings or actions in the name of
16 the commission, provided that the standing of any state physical therapy
17 licensing board to sue or be sued under applicable law shall not be
18 affected;
19 (7) purchase and maintain insurance and bonds;
20 (8) borrow, accept or contract for services of personnel including, but
21 not limited to, employees of a member state;
22 (9) hire employees, elect or appoint officers, fix compensation, define
23 duties, grant such individuals appropriate authority to carry out the
24 purposes of the compact, and establish the commission's personnel policies
25 and programs relating to conflicts of interest, qualifications of personnel