PHYSICAL THERAPY LICENSURE COMPACT S.B. 18:
ANALYSIS AS PASSED BY THE SENATE
Senate Bill 18 (as passed by the Senate)
Committee: Health Policy and Human Services
RATIONALE
The Public Health Code defines the "practice of physical therapy" as the evaluation of, education of, consultation with, or treatment of an individual by the employment of effective properties of physical measures and the use of therapeutic exercises and rehabilitative procedures, with or without assistive devices, for the purpose of preventing, correcting, or alleviating a physical or mental disability. In order to engage in the practice of physical therapy in Michigan, an individual must be licensed by the Department of Licensing and Regulatory Affairs.
The Physical Therapy Licensure Compact is an agreement between members states "to provide a state-developed collaborative structure to protect the public by increasing consumer access to physical therapy services by reducing regulatory barriers to interstate mobility and cross-state practice", according to its website. Generally, a licensee whose home state is a member of the Compact has Compact privileges to practice in other member states. As of April 26, 2022, 25 states are actively issuing and accepting Compact privileges, and an additional eight states have enacted legislation to join the Compact. It has been suggested that Michigan enact legislation to join the Compact in order to improve patient access to physical therapy services and to address increased staffing demands.
CONTENT
The bill would enact within the Article 15 (Occupations) of the Public Health Code the Physical Therapy Licensure Compact, which allows the interstate practice of physical therapy. Specifically, the Compact does the following:
-- Prescribes the requirements to participate in the Compact, including participating fully in the Physical Therapy Compact Commission's data system and having a mechanism in place for receiving and investigating complaints about licensees, among other things.
-- Requires a member state to grant the Compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with terms of the Compact and rules.
-- Requires a licensee, to exercise the Compact privilege under the terms and provisions of the Compact, to meet requirements prescribed by the bill, including holding a license in the home state and having no encumbrance on any state license, among other things.
-- Specifies that, if a licensee loses Compact privilege in any remote state, the individual loses the Compact privilege in any remote state until he or she meets certain requirements.
-- Provides a home state with the exclusive power to impose adverse action against a license issued by the home state.
-- Allows any member state to investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant held a license or Compact privilege.
-- Requires the Compact member states to create and establish the Physical Therapy Compact Commission, and prescribes the Commission's membership, powers, and duties.
-- Provides the Commission's executive board the power to act on the Commission's behalf according to the terms of the Compact, and prescribes the executive board's membership, powers, and duties.
-- Requires the Commission to provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action and investigative information on all licensed individuals in member states.
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