(22) 'State' means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy. SECTION 3. STATE PARTICIPATION IN THE COMPACT (a) To participate in the compact, a state must: (1) Participate fully in the Commission's data system, including using the Commission's unique identifier as defined in rules; (2) Have a mechanism in place for receiving and investigating complaints about 158 licensees; (3) Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee; (4) Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background (5) Comply with the rules of the Commission; (6) Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and (7) Have continuing competence requirements as a condition for license renewal. (b) Upon adoption of this article, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. §534 and 42 U.S.C. §14616. (c) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules. (d) Member states may charge a fee for granting a compact privilege. SECTION 4. COMPACT PRIVILEGE (a) To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall: (1) Hold a license in the home state; (2) Have no encumbrance on any state license; (3) Be eligible for a compact privilege in any member state in accordance with Section 4D, G and H; (4) Have not had any adverse action against any license or compact privilege within the previous 2 years; (5) Notify the Commission that the licensee is seeking the compact privilege within a remote state(s); (6) Pay any applicable fees, including any state fee, for the compact privilege; (7) Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and (8) Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken. checks and use the results in making licensure decisions in accordance with Section 3.B.; (b) The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of Section 4.A. to maintain the compact privilege in the remote state. (c) A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (d) A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact
privilege in any state until the specific time for removal has passed and all fines are paid. (e) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur: (1) The home state license is no longer encumbered; and (2) Two years have elapsed from the date of the adverse action. (f) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state. (g) If a licensee's compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur: (1) The specific period of time for which the compact privilege was removed has ended; (2) All fines have been paid; and (3) Two years have elapsed from the date of the adverse action. (h) Once the requirements of Section 4G have been met, the license must meet the requirements in Section 4A to obtain a compact privilege in a remote state. SECTION 5. ACTIVE MILITARY PERSONNEL OR THEIR SPOUSES A licensee who is active military or is the spouse of an individual who is active-duty military may designate one of the following as the home state: (a) Home of record; (b) Permanent Change of Station (PCS); or (c) State of current residence if it is different than the PCS state or home of record. SECTION 6. ADVERSE ACTIONS (a) A home state shall have exclusive power to impose adverse action against a license issued by the home state. (b) A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action. (c) Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state's laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state. (d) Any member state may 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 holds a license or compact privilege. (e) A remote state shall have the authority to: (1) Take adverse actions as set forth in Section 4.D. against a licensee's compact privilege in the state; (2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the
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