PHYSICAL THERAPY COMPACT

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HB4609 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4609

Introduced 2/3/2026, by Rep. Kevin John Olickal

SYNOPSIS AS INTRODUCED:

225 ILCS 90/8.7 new
225 ILCS 90/33.5 new

Amends the Illinois Physical Therapy Act. Adds a provision requiring
that applicants for licensure as a physical therapist or physical
therapist assistant shall submit their fingerprints for the purpose of
criminal history records background checks. Provides that the Department
of Financial and Professional Regulation may adopt rules necessary to
implement the amendatory provisions. Provides that the State of Illinois
ratifies and approves the Physical Therapy Licensure Compact. Provides
that the purpose of the Compact is to facilitate interstate practice of
physical therapy with the goal of improving public access to physical
therapy services, and states that the Compact preserves the regulatory
authority of states to protect public health and safety through the
current system of state licensure. In the Compact, contains provisions
concerning definitions; state participation in the Compact; active duty
military personnel and their spouses; adverse actions; the establishment
of the Physical Therapy Compact Commission; a data system; rulemaking;
oversight, dispute resolution, and enforcement; the date of
implementation; withdrawal; construction; and severability.
LRB104 17921 AAS 31357 b

A BILL FOR

HB4609
LRB104 17921 AAS 31357 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Physical Therapy Act is amended by
5
adding Sections 8.7 and 33.5 as follows:

6

(225 ILCS 90/8.7 new)
7

Sec. 8.7.
Criminal history records background check.
Each
8
applicant for licensure under Sections 8, 8.1, and 11 shall
9
have his or her fingerprints submitted to the Illinois State
10
Police in an electronic format that complies with the form and
11
manner for requesting and furnishing criminal history record
12
information as prescribed by the Illinois State Police. These
13
fingerprints shall be checked against the Illinois State
14
Police and Federal Bureau of Investigation criminal history
15
record databases now and hereafter filed. The Illinois State
16
Police shall charge applicants a fee for conducting the
17
criminal history records check, which shall be deposited into
18
the State Police Services Fund and shall not exceed the actual
19
cost of the records check. The Illinois State Police shall
20
furnish, pursuant to positive identification, records of
21
Illinois convictions to the Department. The Department may
22
require applicants to pay a separate fingerprinting fee,
23
either to the Department or to a vendor designated or approved

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1
by the Department. The Department, in its discretion, may
2
allow an applicant or licensee who does not have reasonable
3
access to a designated vendor to provide his or her
4
fingerprints in an alternative manner. Communication between
5
the Department and an interstate compact governing body or
6
other entities may not include information received from the
7
Federal Bureau of Investigation relating to a State and
8
federal criminal history records check. The Department may
9
adopt any rules necessary to implement this Section.

10

(225 ILCS 90/33.5 new)
11

Sec. 33.5.
Physical Therapy Licensure Compact.
The State
12
of Illinois ratifies and approves the following Compact:

13
PHYSICAL THERAPY LICENSURE COMPACT

14

SECTION 1. PURPOSE
15

The purpose of this Compact is to facilitate interstate
16
practice of physical therapy with the goal of improving public
17
access to physical therapy services. The practice of physical
18
therapy occurs in the state where the patient/client is
19
located at the time of the patient/client encounter. The
20
Compact preserves the regulatory authority of states to
21
protect public health and safety through the current system of
22
state licensure.
23

This Compact is designed to achieve the following

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objectives:
2

1. Increase public access to physical therapy services
3

by providing for the mutual recognition of other member
4

state licenses;
5

2. Enhance the states' ability to protect the public's
6

health and safety;
7

3. Encourage the cooperation of member states in
8

regulating multi-state physical therapy practice;
9

4. Support spouses of relocating military members;
10

5. Enhance the exchange of licensure, investigative,
11

and disciplinary information between member states; and
12

6. Allow a remote state to hold a provider of services
13

with a compact privilege in that state accountable to that
14

state's practice standards.

15

SECTION 2. DEFINITIONS
16

As used in this Compact, and except as otherwise provided,
17
the following definitions shall apply:
18

1. "Active Duty Military" means full-time duty status in
19
the active uniformed service of the United States, including
20
members of the National Guard and Reserve on active duty
21
orders pursuant to 10 U.S.C. Section 1209 and 1211.
22

2. "Adverse Action" means disciplinary action taken by a
23
physical therapy licensing board based upon misconduct,
24
unacceptable performance, or a combination of both.
25

3. "Alternative Program" means a non-disciplinary

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monitoring or practice remediation process approved by a
2
physical therapy licensing board. This includes, but is not
3
limited to, substance abuse issues.
4

4. "Compact privilege" means the authorization granted by
5
a remote state to allow a licensee from another member state to
6
practice as a physical therapist or work as a physical
7
therapist assistant in the remote state under its laws and
8
rules. The practice of physical therapy occurs in the member
9
state where the patient/client is located at the time of the
10
patient/client encounter.
11

5. "Continuing competence" means a requirement, as a
12
condition of license renewal, to provide evidence of
13
participation in, and/or completion of, educational and
14
professional activities relevant to practice or area of work.
15

6. "Data system" means a repository of information about
16
licensees, including examination, licensure, investigative,
17
compact privilege, and adverse action.
18

7. "Encumbered license" means a license that a physical
19
therapy licensing board has limited in any way.
20

8. "Executive Board" means a group of directors elected or
21
appointed to act on behalf of, and within the powers granted to
22
them by, the Commission.
23

9. "Home state" means the member state that is the
24
licensee's primary state of residence.
25

10. "Investigative information" means information,
26
records, and documents received or generated by a physical

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therapy licensing board pursuant to an investigation.
2

11. "Jurisprudence Requirement" means the assessment of an
3
individual's knowledge of the laws and rules governing the
4
practice of physical therapy in a state.
5

12. "Licensee" means an individual who currently holds an
6
authorization from the state to practice as a physical
7
therapist or to work as a physical therapist assistant.
8

13. "Member state" means a state that has enacted the
9
Compact.
10

14. "Party state" means any member state in which a
11
licensee holds a current license or compact privilege or is
12
applying for a license or compact privilege.
13

15. "Physical therapist" means an individual who is
14
licensed by a state to practice physical therapy.
15

16. "Physical therapist assistant" means an individual who
16
is licensed/certified by a state and who assists the physical
17
therapist in selected components of physical therapy.
18

17. "Physical therapy," "physical therapy practice," and
19
"the practice of physical therapy" mean the care and services
20
provided by or under the direction and supervision of a
21
licensed physical therapist.
22

18. "Physical Therapy Compact Commission" or "Commission"
23
means the national administrative body whose membership
24
consists of all states that have enacted the Compact.
25

19. "Physical therapy licensing board" or "licensing
26
board" means the agency of a state that is responsible for the

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licensing and regulation of physical therapists and physical
2
therapist assistants.
3

20. "Remote State" means a member state other than the
4
home state, where a licensee is exercising or seeking to
5
exercise the compact privilege.
6

21. "Rule" means a regulation, principle, or directive
7
promulgated by the Commission that has the force of law.
8

22. "State" means any state, commonwealth, district, or
9
territory of the United States of America that regulates the
10
practice of physical therapy.

11

SECTION 3. STATE PARTICIPATION IN THE COMPACT
12

A. To participate in the Compact, a state must:
13

1. Participate fully in the Commission's data system,
14

including using the Commission's unique identifier as
15

defined in rules;
16

2. Have a mechanism in place for receiving and
17

investigating complaints about licensees;
18

3. Notify the Commission, in compliance with the terms
19

of the Compact and rules, of any adverse action or the
20

availability of investigative information regarding a
21

licensee;
22

4. Fully implement a criminal background check
23

requirement, within a time frame established by rule, by
24

receiving the results of the Federal Bureau of
25

Investigation record search on criminal background checks

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and use the results in making licensure decisions in
2

accordance with Section 3.B.;
3

5. Comply with the rules of the Commission;
4

6. Utilize a recognized national examination as a
5

requirement for licensure pursuant to the rules of the
6

Commission; and
7

7. Have continuing competence requirements as a
8

condition for license renewal.
9

B. Upon adoption of this statute, the member state shall
10
have the authority to obtain biometric-based information from
11
each physical therapy licensure applicant and submit this
12
information to the Federal Bureau of Investigation for a
13
criminal background check in accordance with 28 U.S.C. §534
14
and 42 U.S.C. §14616.
15

C. A member state shall grant the compact privilege to a
16
licensee holding a valid unencumbered license in another
17
member state in accordance with the terms of the Compact and
18
rules.
19

D. Member states may charge a fee for granting a compact
20
privilege

21

SECTION 4. COMPACT PRIVILEGE
22

A. To exercise the compact privilege under the terms and
23
provisions of the Compact, the licensee shall:
24

1. Hold a license in the home state;
25

2. Have no encumbrance on any state license;

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3. Be eligible for a compact privilege in any member
2

state in accordance with Section 4D, G and H;
3

4. Have not had any adverse action against any license
4

or compact privilege within the previous 2 years;
5

5. Notify the Commission that the licensee is seeking
6

the compact privilege within a remote state(s);
7

6. Pay any applicable fees, including any state fee,
8

for the compact privilege;
9

7. Meet any jurisprudence requirements established by
10

the remote state(s) in which the licensee is seeking a
11

compact privilege; and
12

8. Report to the Commission adverse action taken by
13

any non-member state within 30 days from the date the
14

adverse action is taken.
15

B. The compact privilege is valid until the expiration
16
date of the home license. The licensee must comply with the
17
requirements of Section 4.A. to maintain the compact privilege
18
in the remote state.
19

C. A licensee providing physical therapy in a remote state
20
under the compact privilege shall function within the laws and
21
regulations of the remote state.
22

D. A licensee providing physical therapy in a remote state
23
is subject to that state's regulatory authority. A remote
24
state may, in accordance with due process and that state's
25
laws, remove a licensee's compact privilege in the remote
26
state for a specific period of time, impose fines, and/or take

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1
any other necessary actions to protect the health and safety
2
of its citizens. The licensee is not eligible for a compact
3
privilege in any state until the specific time for removal has
4
passed and all fines are paid.
5

E. If a home state license is encumbered, the licensee
6
shall lose the compact privilege in any remote state until the
7
following occur:
8

1. The home state license is no longer encumbered; and
9

2. Two years have elapsed from the date of the adverse
10

action.
11

F. Once an encumbered license in the home state is
12
restored to good standing, the licensee must meet the
13
requirements of Section 4A to obtain a compact privilege in
14
any remote state.
15

G. If a licensee's compact privilege in any remote state
16
is removed, the individual shall lose the compact privilege in
17
any remote state until the following occur:
18

1. The specific period of time for which the compact
19

privilege was removed has ended;
20

2. All fines have been paid; and
21

3. Two years have elapsed from the date of the adverse
22

action.
23

H. Once the requirements of Section 4G have been met, the
24
license must meet the requirements in Section 4A to obtain a
25
compact privilege in a remote state.

HB4609
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LRB104 17921 AAS 31357 b
1

SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
2

A licensee who is active duty military or is the spouse of
3
an individual who is active duty military may designate one of
4
the following as the home state:
5

A. Home of record;
6

B. Permanent Change of Station (PCS); or
7

C. State of current residence if it is different than the
8
PCS state or home of record.

9

SECTION 6. ADVERSE ACTIONS
10

A. A home state shall have exclusive power to impose
11
adverse action against a license issued by the home state.
12

B. A home state may take adverse action based on the
13
investigative information of a remote state, so long as the
14
home state follows its own procedures for imposing adverse
15
action.

16

C. Nothing in this Compact shall override a member state's
17
decision that participation in an alternative program may be
18
used in lieu of adverse action and that such participation
19
shall remain non-public if required by the member state's
20
laws. Member states must require licensees who enter any
21
alternative programs in lieu of discipline to agree not to
22
practice in any other member state during the term of the
23
alternative program without prior authorization from such
24
other member state.
25

D. Any member state may investigate actual or alleged

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LRB104 17921 AAS 31357 b
1
violations of the statutes and rules authorizing the practice
2
of physical therapy in any other member state in which a
3
physical therapist or physical therapist assistant holds a
4
license or compact privilege.
5

E. A remote state shall have the authority to:
6

1. Take adverse actions as set forth in Section 4.D.
7

against a licensee's compact privilege in the state;
8

2. Issue subpoenas for both hearings and
9

investigations that require the attendance and testimony
10

of witnesses, and the production of evidence. Subpoenas
11

issued by a physical therapy licensing board in a party
12

state for the attendance and testimony of witnesses,
13

and/or the production of evidence from another party
14

state, shall be enforced in the latter state by any court
15

of competent jurisdiction, according to the practice and
16

procedure of that court applicable to subpoenas issued in
17

proceedings pending before it. The issuing authority shall
18

pay any witness fees, travel expenses, mileage, and other
19

fees required by the service statutes of the state where
20

the witnesses and/or evidence are located; and
21

3. If otherwise permitted by state law, recover from
22

the licensee the costs of investigations and disposition
23

of cases resulting from any adverse action taken against
24

that licensee.
25

F. Joint Investigations
26

1. In addition to the authority granted to a member

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1

state by its respective physical therapy practice act or
2

other applicable state law, a member state may participate
3

with other member states in joint investigations of
4

licensees.
5

2. Member states shall share any investigative,
6

litigation, or compliance materials in furtherance of any
7

joint or individual investigation initiated under the
8

Compact.

9

SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
10
COMMISSION
11

A. The Compact member states hereby create and establish a
12
joint public agency known as the Physical Therapy Compact
13
Commission:
14

1. The Commission is an instrumentality of the Compact
15

states.
16

2. Venue is proper and judicial proceedings by or
17

against the Commission shall be brought solely and
18

exclusively in a court of competent jurisdiction where the
19

principal office of the Commission is located. The
20

Commission may waive venue and jurisdictional defenses to
21

the extent it adopts or consents to participate in
22

alternative dispute resolution proceedings.
23

3. Nothing in this Compact shall be construed to be a
24

waiver of sovereign immunity.
25

B. Membership, Voting, and Meetings

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1. Each member state shall have and be limited to one
2

(1) delegate selected by that member state's licensing
3

board.
4

2. The delegate shall be a current member of the
5

licensing board, who is a physical therapist, physical
6

therapist assistant, public member, or the board
7

administrator.
8

3. Any delegate may be removed or suspended from
9

office as provided by the law of the state from which the
10

delegate is appointed.
11

4. The member state board shall fill any vacancy
12

occurring in the Commission.
13

5. Each delegate shall be entitled to one (1) vote
14

with regard to the promulgation of rules and creation of
15

bylaws and shall otherwise have an opportunity to
16

participate in the business and affairs of the Commission.
17

6. A delegate shall vote in person or by such other
18

means as provided in the bylaws. The bylaws may provide
19

for delegates' participation in meetings by telephone or
20

other means of communication.
21

7. The Commission shall meet at least once during each
22

calendar year. Additional meetings shall be held as set
23

forth in the bylaws.
24

C. The Commission shall have the following powers and
25
duties:
26

1. Establish the fiscal year of the Commission;

HB4609
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2. Establish bylaws;
2

3. Maintain its financial records in accordance with
3

the bylaws;
4

4. Meet and take such actions as are consistent with
5

the provisions of this Compact and the bylaws;
6

5. Promulgate uniform rules to facilitate and
7

coordinate implementation and administration of this
8

Compact. The rules shall have the force and effect of law
9

and shall be binding in all member states;
10

6. Bring and prosecute legal proceedings or actions in
11

the name of the Commission, provided that the standing of
12

any state physical therapy licensing board to sue or be
13

sued under applicable law shall not be affected;
14

7. Purchase and maintain insurance and bonds;
15

8. Borrow, accept, or contract for services of
16

personnel, including, but not limited to, employees of a
17

member state;
18

9. Hire employees, elect or appoint officers, fix
19

compensation, define duties, grant such individuals
20

appropriate authority to carry out the purposes of the
21

Compact, and to establish the Commission's personnel
22

policies and programs relating to conflicts of interest,
23

qualifications of personnel, and other related personnel
24

matters;
25

10. Accept any and all appropriate donations and
26

grants of money, equipment, supplies, materials and

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1

services, and to receive, utilize and dispose of the same;
2

provided that at all times the Commission shall avoid any
3

appearance of impropriety and/or conflict of interest;
4

11. Lease, purchase, accept appropriate gifts or
5

donations of, or otherwise to own, hold, improve or use,
6

any property, real, personal or mixed; provided that at
7

all times the Commission shall avoid any appearance of
8

impropriety;
9

12. Sell convey, mortgage, pledge, lease, exchange,
10

abandon, or otherwise dispose of any property real,
11

personal, or mixed;
12

13. Establish a budget and make expenditures;
13

14. Borrow money;
14

15. Appoint committees, including standing committees
15

composed of members, state regulators, state legislators
16

or their representatives, and consumer representatives,
17

and such other interested persons as may be designated in
18

this Compact and the bylaws;
19

16. Provide and receive information from, and
20

cooperate with, law enforcement agencies;
21

17. Establish and elect an Executive Board; and
22

18. Perform such other functions as may be necessary
23

or appropriate to achieve the purposes of this Compact
24

consistent with the state regulation of physical therapy
25

licensure and practice.
26

D. The Executive Board

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The Executive Board shall have the power to act on behalf
2
of the Commission according to the terms of this Compact
3

1. The Executive Board shall be composed of nine
4

members:
5

a. Seven voting members who are elected by the
6

Commission from the current membership of the
7

Commission;
8

b. One ex-officio, nonvoting member from the
9

recognized national physical therapy professional
10

association; and
11

c. One ex-officio, nonvoting member from the
12

recognized membership organization of the physical
13

therapy licensing boards.
14

2. The ex-officio members will be selected by their
15

respective organizations.
16

3. The Commission may remove any member of the
17

Executive Board as provided in bylaws.
18

4. The Executive Board shall meet at least annually.
19

5. The Executive Board shall have the following Duties
20

and responsibilities:
21

a. Recommend to the entire Commission changes to
22

the rules or bylaws, changes to this Compact
23

legislation, fees paid by Compact member states such
24

as annual dues, and any commission Compact fee charged
25

to licensees for the compact privilege;
26

b. Ensure Compact administration services are

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appropriately provided, contractual or otherwise;
2

c. Prepare and recommend the budget;
3

d. Maintain financial records on behalf of the
4

Commission;
5

e. Monitor Compact compliance of member states and
6

provide compliance reports to the Commission;
7

f. Establish additional committees as necessary;
8

and
9

g. Other duties as provided in rules or bylaws.
10

E. Meetings of the Commission
11

1. All meetings shall be open to the public, and
12

public notice of meetings shall be given in the same
13

manner as required under the rulemaking provisions in
14

Section 9.
15

2. The Commission or the Executive Board or other
16

committees of the Commission may convene in a closed,
17

non-public meeting if the Commission or Executive Board or
18

other committees of the Commission must discuss:
19

a. Non-compliance of a member state with its
20

obligations under the Compact;
21

b. The employment, compensation, discipline or
22

other matters, practices or procedures related to
23

specific employees or other matters related to the
24

Commission's internal personnel practices and
25

procedures;
26

c. Current, threatened, or reasonably anticipated

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1

litigation;
2

d. Negotiation of contracts for the purchase,
3

lease, or sale of goods, services, or real estate;
4

e. Accusing any person of a crime or formally
5

censuring any person;
6

f. Disclosure of trade secrets or commercial or
7

financial information that is privileged or
8

confidential;
9

g. Disclosure of information of a personal nature
10

where disclosure would constitute a clearly
11

unwarranted invasion of personal privacy;
12

h. Disclosure of investigative records compiled
13

for law enforcement purposes;
14

i. Disclosure of information related to any
15

investigative reports prepared by or on behalf of or
16

for use of the Commission or other committee charged
17

with responsibility of investigation or determination
18

of compliance issues pursuant to the Compact; or
19

j. Matters specifically exempted from disclosure
20

by federal or member state statute.
21

3. If a meeting, or portion of a meeting, is closed
22

pursuant to this provision, the Commission's legal counsel
23

or designee shall certify that the meeting may be closed
24

and shall reference each relevant exempting provision.
25

4. The Commission shall keep minutes that fully and
26

clearly describe all matters discussed in a meeting and

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shall provide a full and accurate summary of actions
2

taken, and the reasons therefore, including a description
3

of the views expressed. All documents considered in
4

connection with an action shall be identified in such
5

minutes. All minutes and documents of a closed meeting
6

shall remain under seal, subject to release by a majority
7

vote of the Commission or order of a court of competent
8

jurisdiction.
9

F. Financing of the Commission
10

1. The Commission shall pay, or provide for the
11

payment of, the reasonable expenses of its establishment,
12

organization, and ongoing activities.
13

2. The Commission may accept any and all appropriate
14

revenue sources, donations, and grants of money,
15

equipment, supplies, materials, and services.
16

3. The Commission may levy on and collect an annual
17

assessment from each member state or impose fees on other
18

parties to cover the cost of the operations and activities
19

of the Commission and its staff, which must be in a total
20

amount sufficient to cover its annual budget as approved
21

each year for which revenue is not provided by other
22

sources. The aggregate annual assessment amount shall be
23

allocated based upon a formula to be determined by the
24

Commission, which shall promulgate a rule binding upon all
25

member states.
26

4. The Commission shall not incur obligations of any

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1

kind prior to securing the funds adequate to meet the
2

same; nor shall the Commission pledge the credit of any of
3

the member states, except by and with the authority of the
4

member state.
5

5. The Commission shall keep accurate accounts of all
6

receipts and disbursements. The receipts and disbursements
7

of the Commission shall be subject to the audit and
8

accounting procedures established under its bylaws.
9

However, all receipts and disbursements of funds handled
10

by the Commission shall be audited yearly by a certified
11

or licensed public accountant, and the report of the audit
12

shall be included in and become part of the annual report
13

of the Commission.
14

G. Qualified Immunity, Defense, and Indemnification
15

1. The members, officers, executive director,
16

employees and representatives of the Commission shall be
17

immune from suit and liability, either personally or in
18

their official capacity, for any claim for damage to or
19

loss of property or personal injury or other civil
20

liability caused by or arising out of any actual or
21

alleged act, error or omission that occurred, or that the
22

person against whom the claim is made had a reasonable
23

basis for believing occurred within the scope of
24

Commission employment, duties or responsibilities;
25

provided that nothing in this paragraph shall be construed
26

to protect any such person from suit and/or liability for

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1

any damage, loss, injury, or liability caused by the
2

intentional or willful or wanton misconduct of that
3

person.
4

2. The Commission shall defend any member, officer,
5

executive director, employee or representative of the
6

Commission in any civil action seeking to impose liability
7

arising out of any actual or alleged act, error, or
8

omission that occurred within the scope of Commission
9

employment, duties, or responsibilities, or that the
10

person against whom the claim is made had a reasonable
11

basis for believing occurred within the scope of
12

Commission employment, duties, or responsibilities;
13

provided that nothing herein shall be construed to
14

prohibit that person from retaining his or her own
15

counsel; and provided further, that the actual or alleged
16

act, error, or omission did not result from that person's
17

intentional or willful or wanton misconduct.
18

3. The Commission shall indemnify and hold harmless
19

any member, officer, executive director, employee, or
20

representative of the Commission for the amount of any
21

settlement or judgment obtained against that person
22

arising out of any actual or alleged act, error or
23

omission that occurred within the scope of Commission
24

employment, duties, or responsibilities, or that such
25

person had a reasonable basis for believing occurred
26

within the scope of Commission employment, duties, or

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1

responsibilities, provided that the actual or alleged act,
2

error, or omission did not result from the intentional or
3

willful or wanton misconduct of that person.

4

SECTION 8. DATA SYSTEM
5

A. The Commission shall provide for the development,
6
maintenance, and utilization of a coordinated database and
7
reporting system containing licensure, adverse action, and
8
investigative information on all licensed individuals in
9
member states.
10

B. Notwithstanding any other provision of state law to the
11
contrary, a member state shall submit a uniform data set to the
12
data system on all individuals to whom this Compact is
13
applicable as required by the rules of the Commission,
14
including:
15

1. Identifying information;
16

2. Licensure data;
17

3. Adverse actions against a license or compact
18

privilege;
19

4. Non-confidential information related to alternative
20

program participation;
21

5. Any denial of application for licensure, and the
22

reason(s) for such denial; and
23

6. Other information that may facilitate the
24

administration of this Compact, as determined by the rules
25

of the Commission.

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C. Investigative information pertaining to a licensee in
2
any member state will only be available to other party states.
3

D. The Commission shall promptly notify all member states
4
of any adverse action taken against a licensee or an
5
individual applying for a license. Adverse action information
6
pertaining to a licensee in any member state will be available
7
to any other member state.
8

E. Member states contributing information to the data
9
system may designate information that may not be shared with
10
the public without the express permission of the contributing
11
state.
12

F. Any information submitted to the data system that is
13
subsequently required to be expunged by the laws of the member
14
state contributing the information shall be removed from the
15
data system.

16

SECTION 9. RULEMAKING
17

A. The Commission shall exercise its rulemaking powers
18
pursuant to the criteria set forth in this Section and the
19
rules adopted thereunder. Rules and amendments shall become
20
binding as of the date specified in each rule or amendment.
21

B. If a majority of the legislatures of the member states
22
rejects a rule, by enactment of a statute or resolution in the
23
same manner used to adopt the Compact within 4 years of the
24
date of adoption of the rule, then such rule shall have no
25
further force and effect in any member state.

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C. Rules or amendments to the rules shall be adopted at a
2
regular or special meeting of the Commission.
3

D. Prior to promulgation and adoption of a final rule or
4
rules by the Commission, and at least thirty (30) days in
5
advance of the meeting at which the rule will be considered and
6
voted upon, the Commission shall file a Notice of Proposed
7
Rulemaking:
8

1. On the website of the Commission or other publicly
9

accessible platform; and
10

2. On the website of each member state physical
11

therapy licensing board or other publicly accessible
12

platform or the publication in which each state would
13

otherwise publish proposed rules.
14

E. The Notice of Proposed Rulemaking shall include:
15

1. The proposed time, date, and location of the
16

meeting in which the rule will be considered and voted
17

upon;
18

2. The text of the proposed rule or amendment and the
19

reason for the proposed rule;
20

3. A request for comments on the proposed rule from
21

any interested person; and
22

4. The manner in which interested persons may submit
23

notice to the Commission of their intention to attend the
24

public hearing and any written comments.
25

F. Prior to adoption of a proposed rule, the Commission
26
shall allow persons to submit written data, facts, opinions,

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1
and arguments, which shall be made available to the public.
2

G. The Commission shall grant an opportunity for a public
3
hearing before it adopts a rule or amendment if a hearing is
4
requested by:
5

1. At least twenty-five (25) persons;
6

2. A state or federal governmental subdivision or
7

agency; or
8

3. An association having at least twenty-five (25)
9

members.
10

H. If a hearing is held on the proposed rule or amendment,
11
the Commission shall publish the place, time, and date of the
12
scheduled public hearing. If the hearing is held via
13
electronic means, the Commission shall publish the mechanism
14
for access to the electronic hearing.
15

1. All persons wishing to be heard at the hearing
16

shall notify the executive director of the Commission or
17

other designated member in writing of their desire to
18

appear and testify at the hearing not less than five (5)
19

business days before the scheduled date of the hearing.
20

2. Hearings shall be conducted in a manner providing
21

each person who wishes to comment a fair and reasonable
22

opportunity to comment orally or in writing.
23

3. All hearings will be recorded. A copy of the
24

recording will be made available on request.
25

4. Nothing in this section shall be construed as
26

requiring a separate hearing on each rule. Rules may be

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1

grouped for the convenience of the Commission at hearings
2

required by this Section.
3

I. Following the scheduled hearing date, or by the close
4
of business on the scheduled hearing date if the hearing was
5
not held, the Commission shall consider all written and oral
6
comments received.
7

J. If no written notice of intent to attend the public
8
hearing by interested parties is received, the Commission may
9
proceed with promulgation of the proposed rule without a
10
public hearing.
11

K. The Commission shall, by majority vote of all members,
12
take final action on the proposed rule and shall determine the
13
effective date of the rule, if any, based on the rulemaking
14
record and the full text of the rule.
15

L. Upon determination that an emergency exists, the
16
Commission may consider and adopt an emergency rule without
17
prior notice, opportunity for comment, or hearing, provided
18
that the usual rulemaking procedures provided in the Compact
19
and in this section shall be retroactively applied to the rule
20
as soon as reasonably possible, in no event later than ninety
21
(90) days after the effective date of the rule. For the
22
purposes of this provision, an emergency rule is one that must
23
be adopted immediately in order to:
24

1. Meet an imminent threat to public health, safety,
25

or welfare;
26

2. Prevent a loss of Commission or member state funds;

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1

3. Meet a deadline for the promulgation of an
2

administrative rule that is established by federal law or
3

rule; or
4

4. Protect public health and safety.
5

M. The Commission or an authorized committee of the
6
Commission may direct revisions to a previously adopted rule
7
or amendment for purposes of correcting typographical errors,
8
errors in format, errors in consistency, or grammatical
9
errors. Public notice of any revisions shall be posted on the
10
website of the Commission. The revision shall be subject to
11
challenge by any person for a period of thirty (30) days after
12
posting. The revision may be challenged only on grounds that
13
the revision results in a material change to a rule. A
14
challenge shall be made in writing, and delivered to the chair
15
of the Commission prior to the end of the notice period. If no
16
challenge is made, the revision will take effect without
17
further action. If the revision is challenged, the revision
18
may not take effect without the approval of the Commission.

19

SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
20

A. Oversight
21

1. The executive, legislative, and judicial branches
22

of state government in each member state shall enforce
23

this Compact and take all actions necessary and
24

appropriate to effectuate the Compact's purposes and
25

intent. The provisions of this Compact and the rules

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1

promulgated hereunder shall have standing as statutory
2

law.
3

2. All courts shall take judicial notice of the
4

Compact and the rules in any judicial or administrative
5

proceeding in a member state pertaining to the subject
6

matter of this Compact which may affect the powers,
7

responsibilities or actions of the Commission.
8

3. The Commission shall be entitled to receive service
9

of process in any such proceeding, and shall have standing
10

to intervene in such a proceeding for all purposes.
11

Failure to provide service of process to the Commission
12

shall render a judgment or order void as to the
13

Commission, this Compact, or promulgated rules.
14

B. Default, Technical Assistance, and Termination
15

1. If the Commission determines that a member state
16

has defaulted in the performance of its obligations or
17

responsibilities under this Compact or the promulgated
18

rules, the Commission shall:
19

a. Provide written notice to the defaulting state
20

and other member states of the nature of the default,
21

the proposed means of curing the default and/or any
22

other action to be taken by the Commission; and
23

b. Provide remedial training and specific
24

technical assistance regarding the default.
25

2. If a state in default fails to cure the default, the
26

defaulting state may be terminated from the Compact upon

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1

an affirmative vote of a majority of the member states,
2

and all rights, privileges and benefits conferred by this
3

Compact may be terminated on the effective date of
4

termination. A cure of the default does not relieve the
5

offending state of obligations or liabilities incurred
6

during the period of default.
7

3. Termination of membership in the Compact shall be
8

imposed only after all other means of securing compliance
9

have been exhausted. Notice of intent to suspend or
10

terminate shall be given by the Commission to the
11

governor, the majority and minority leaders of the
12

defaulting state's legislature, and each of the member
13

states.
14

4. A state that has been terminated is responsible for
15

all assessments, obligations, and liabilities incurred
16

through the effective date of termination, including
17

obligations that extend beyond the effective date of
18

termination.
19

5. The Commission shall not bear any costs related to
20

a state that is found to be in default or that has been
21

terminated from the Compact, unless agreed upon in writing
22

between the Commission and the defaulting state.
23

6. The defaulting state may appeal the action of the
24

Commission by petitioning the U.S. District Court for the
25

District of Columbia or the federal district where the
26

Commission has its principal offices. The prevailing

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1

member shall be awarded all costs of such litigation,
2

including reasonable attorney's fees.
3

C. Dispute Resolution
4

1. Upon request by a member state, the Commission
5

shall attempt to resolve disputes related to the Compact
6

that arise among member states and between member and
7

non-member states.
8

2. The Commission shall promulgate a rule providing
9

for both mediation and binding dispute resolution for
10

disputes as appropriate.
11

D. Enforcement
12

1. The Commission, in the reasonable exercise of its
13

discretion, shall enforce the provisions and rules of this
14

Compact.
15

2. By majority vote, the Commission may initiate legal
16

action in the United States District Court for the
17

District of Columbia or the federal district where the
18

Commission has its principal offices against a member
19

state in default to enforce compliance with the provisions
20

of the Compact and its promulgated rules and bylaws. The
21

relief sought may include both injunctive relief and
22

damages. In the event judicial enforcement is necessary,
23

the prevailing member shall be awarded all costs of such
24

litigation, including reasonable attorney's fees.
25

3. The remedies herein shall not be the exclusive
26

remedies of the Commission. The Commission may pursue any

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1

other remedies available under federal or state law.

2

SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE
3
COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,
4
WITHDRAWAL, AND AMENDMENT
5

A. The Compact shall come into effect on the date on which
6
the Compact statute is enacted into law in the tenth member
7
state. The provisions, which become effective at that time,
8
shall be limited to the powers granted to the Commission
9
relating to assembly and the promulgation of rules.
10
Thereafter, the Commission shall meet and exercise rulemaking
11
powers necessary to the implementation and administration of
12
the Compact.
13

B. Any state that joins the Compact subsequent to the
14
Commission's initial adoption of the rules shall be subject to
15
the rules as they exist on the date on which the Compact
16
becomes law in that state. Any rule that has been previously
17
adopted by the Commission shall have the full force and effect
18
of law on the day the Compact becomes law in that state.
19

C. Any member state may withdraw from this Compact by
20
enacting a statute repealing the same.
21

1. A member state's withdrawal shall not take effect
22

until six (6) months after enactment of the repealing
23

statute.
24

2. Withdrawal shall not affect the continuing
25

requirement of the withdrawing state's physical therapy

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1

licensing board to comply with the investigative and
2

adverse action reporting requirements of this act prior to
3

the effective date of withdrawal.
4

D. Nothing contained in this Compact shall be construed to
5
invalidate or prevent any physical therapy licensure agreement
6
or other cooperative arrangement between a member state and a
7
non-member state that does not conflict with the provisions of
8
this Compact.
9

E. This Compact may be amended by the member states. No
10
amendment to this Compact shall become effective and binding
11
upon any member state until it is enacted into the laws of all
12
member states.

13

SECTION 12. CONSTRUCTION AND SEVERABILITY
14

This Compact shall be liberally construed so as to
15
effectuate the purposes thereof. The provisions of this
16
Compact shall be severable and if any phrase, clause, sentence
17
or provision of this Compact is declared to be contrary to the
18
constitution of any party state or of the United States or the
19
applicability thereof to any government, agency, person or
20
circumstance is held invalid, the validity of the remainder of
21
this Compact and the applicability thereof to any government,
22
agency, person or circumstance shall not be affected thereby.
23
If this Compact shall be held contrary to the constitution of
24
any party state, the Compact shall remain in full force and
25
effect as to the remaining party states and in full force and

HB4609
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1
effect as to the party state affected as to all severable
2
matters.

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