state where the witness and/or evidence are located; and (3) If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee. (f) Joint Investigations (1) In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees. (2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact. SECTION 7. ESTABLISHMENT OF THE 260 PHYSICAL THERAPY COMPACT COMMISSION (a) The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission : (1) The Commission is an instrumentality of the Compact states. (2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity. (b) Membership, Voting, and Meetings (1) Each member state shall have and be limited to one (1) delegate selected by that member state's licensing board. (2) The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator. (3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. (4) The member state board shall fill any vacancy occurring in the Commission. (5) Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. (6) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication. (7) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. (c) The Commission shall have the following powers and duties: (1) Establish the fiscal year of the Commission; (2) Establish bylaws; (3) Maintain its financial records in accordance with the bylaws; (4) Meet and take such actions as are consistent with the provisions of this Compact and the bylaws; (5) Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states; (6) Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the
standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected; (7) Purchase and maintain insurance and bonds; (8) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state; (9) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (10) Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest; (11) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety; (12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; (13) Establish a budget and make expenditures; (14) Borrow money; (15) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws; (16) Provide and receive information from, and cooperate with, law enforcement agencies; (17) Establish and elect an Executive Board; and (18) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of physical therapy licensure and practice. (d) The Executive Board The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact. (1) The Executive Board shall be compared of nine members: (A) Seven voting members who are elected by the Commission from the current membership of the Commission; (B) One ex-officio, nonvoting member from the recognized national physical therapy professional association; and (C) One ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards. (2) The ex-officio members will be selected by their respective organizations. (3) The Commission may remove any member of the Executive Board as provided in bylaws. (4) The Executive Board shall meet at least annually. (5) The Executive Board shall have the following duties and responsibilities: (A) Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege; (B) Ensure Compact administration services are appropriately provided, contractual or otherwise; (C) Prepare and recommend the budget;
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