SECTION 2. DEFINITIONS As used in this compact, and except as otherwise provided, the term: (1) 'Active Duty Military' means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211. (2) 'Adverse Action' means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both. (3) 'Alternative Program' means a non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues. (4) 'Compact privilege' means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter. (5) 'Continuing competence' means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work. (6) 'Data system' means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action. (7) 'Encumbered license' means a license that a physical therapy licensing board has limited in any way. (8) 'Executive Board' means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission. (9) 'Home state' means the member state that is the licensee's primary state of residence. (10) 'Investigative information' means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation. (11) 'Jurisprudence Requirement' means the assessment of an individual's knowledge of the laws and rules governing the practice of physical therapy in a state. (12) 'Licensee' means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant. (13) 'Member state' means a state that has enacted the Compact. (14) 'Party state' means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege. (15) 'Physical therapist' means an individual who is licensed by a state to practice physical therapy. (16) 'Physical therapist assistant' means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy. (17) 'Physical therapy,' 'physical therapy practice,' and 'the practice of physical therapy' mean the care and services provided by or under the direction and supervision of a licensed physical therapist. (18) 'Physical Therapy Compact Commission' or 'Commission' means the national administrative body whose membership consists of all states that have enacted the Compact. (19) 'Physical therapy licensing board' or 'licensing board' means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants. (20) 'Remote State' means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege. (21) 'Rule' means a regulation, principle, or directive promulgated by the Commission that has the force of law.
In its discretion, the board may restore and reissue a license issued under this article or any antecedent law and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this article. A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting the acts or omissions of a licensee or applicant which violate the provisions of subsection (a), (b), or (c) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any proceeding involving a violation of the provisions of subsection (a), (b), or (c) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant shall be immune from civil and criminal liability for so testifying. The provisions of this Code section shall not prevent any other health care provider from administering techniques authorized within his or her scope of practice. § 43-33-19. Unlicensed practice as constituting public nuisance; injunctions The practice of physical therapy is declared to be an activity affecting the public interest and involving the health, safety, and welfare of the public. Such practice when engaged in by a person who is not licensed is declared to be harmful to the public health, safety,and welfare. The board or the district attorney of the circuit where such unlicensed practice exists, or any person or organization having an interest therein, may bring a petition to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides. It shall not be necessary in order to obtain an injunction under this Code section to allege or prove that there is no adequate remedy at law, or to allege or prove any special injury. § 43-33-20. Penalty Any person convicted of violating this article shall be guilty of a misdemeanor. 43-33-30.76. This article shall be known and may be cited as the 'Physical Therapy Licensure Compact 77 Act. 43-33-31. The Physical Therapy Licensure Compact is enacted into law and entered into by the State of Georgia with any and all other states legally joining therein in the form substantially as follows. PHYSICAL THERAPY LICENSURE COMPACT 83 SECTION 1. PURPOSE (a) The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient or client is located at the time of the patient or client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. (b) This Compact is designed to achieve the following objectives: (1) Increase public access to physical therapy services by providing for the mutual 91 recognition of other member state licenses; (2) Enhance the states' ability to protect the public's health and safety; (3) Encourage the cooperation of member states in regulating multi-state physical therapy practice; (4) Support spouses of relocating military members; (5) Enhance the exchange of licensure, investigative, and disciplinary information between member states; and (6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.
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