By: Clardy (Senate Sponsor - Taylor of Collin) H.B. No. 2765          (In the Senate - Received from the House May 5, 2017;   May 9, 2017, read first time and referred to Committee on Business &   Commerce; May 17, 2017, reported favorably by the following vote:     Yeas 7, Nays 0; May 17, 2017, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the Physical Therapy Licensure Compact; authorizing   fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 453, Occupations Code, is amended by   adding Subchapter K to read as follows:   SUBCHAPTER K.  PHYSICAL THERAPY LICENSURE COMPACT          Sec. 453.501.  PHYSICAL THERAPY LICENSURE COMPACT. The   Physical Therapy Licensure Compact is enacted and entered into with   all other jurisdictions that legally join in the compact, which   reads as follows:          SECTION 1.  PURPOSE   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/client is located at the time of the   patient/client encounter. The Compact preserves the regulatory   authority of states to protect public health and safety through the   current system of state licensure.          This Compact is designed to achieve the following objectives:          1.  Increase public access to physical therapy services by   providing for the mutual 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.          SECTION 2.  DEFINITIONS   As used in this Compact, and except as otherwise provided, the   following definitions shall apply:                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.                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 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 checks and use the results in making   licensure decisions in accordance with Section   3.B.;                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 statute, 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. Section 534 and 42 U.S.C. Section   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.          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 4.A. 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 DUTY MILITARY PERSONNEL OR THEIR SPOUSES          A licensee who is active duty 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 state where the   witnesses 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 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 composed 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;                      d.  Maintain financial records on behalf of the   Commission;                      e.  Monitor Compact compliance of member states   and provide compliance reports to the   Commission;                      f.  Establish additional committees as necessary;   and                      g.  Other duties as provided in rules or bylaws.          E.  Meetings of the Commission                1.  All meetings shall be open to the public, and public   notice of meetings shall be given in the same   manner as required under the rulemaking provisions   in Section 9.                2.  The Commission or the Executive Board or other   committees of the Commission may convene in a   closed, non-public meeting if the Commission or   Executive Board or other committees of the   Commission must discuss:                      a.  Non-compliance of a member state with its   obligations under the Compact;                      b.  The employment, compensation, discipline or   other matters, practices or procedures   related to specific employees or other   matters related to the Commission's internal   personnel practices and procedures;                      c.  Current, threatened, or reasonably   anticipated litigation;                      d.  Negotiation of contracts for the purchase,   lease, or sale of goods, services, or real   estate;                      e.  Accusing any person of a crime or formally   censuring any person;                      f.  Disclosure of trade secrets or commercial or   financial information that is privileged or   confidential;                      g.  Disclosure of information of a personal nature   where disclosure would constitute a clearly   unwarranted invasion of personal privacy;                      h.  Disclosure of investigative records compiled   for law enforcement purposes;                      i.  Disclosure of information related to any   investigative reports prepared by or on   behalf of or for use of the Commission or   other committee charged with responsibility   of investigation or determination of   compliance issues pursuant to the Compact; or                      j.  Matters specifically exempted from disclosure   by federal or member state statute.                3.  If a meeting, or portion of a meeting, is closed   pursuant to this provision, the Commission's legal   counsel or designee shall certify that the meeting   may be closed and shall reference each relevant   exempting provision.                4.  The Commission shall keep minutes that fully and   clearly describe all matters discussed in a meeting   and shall provide a full and accurate summary of   actions taken, and the reasons therefore,   including a description of the views expressed. All   documents considered in connection with an action   shall be identified in such minutes. All minutes   and documents of a closed meeting shall remain   under seal, subject to release by a majority vote   of the Commission or order of a court of competent   jurisdiction.          F.  Financing of the Commission                1.  The Commission shall pay, or provide for the   payment of, the reasonable expenses of its   establishment, organization, and ongoing   activities.                2.  The Commission may accept any and all appropriate   revenue sources, donations, and grants of money,   equipment, supplies, materials, and services.                3.  The Commission may levy on and collect an annual   assessment from each member state or impose fees on   other parties to cover the cost of the operations   and activities of the Commission and its staff,   which must be in a total amount sufficient to cover   its annual budget as approved each year for which   revenue is not provided by other sources. The   aggregate annual assessment amount shall be   allocated based upon a formula to be determined by   the Commission, which shall promulgate a rule   binding upon all member states.                4.  The Commission shall not incur obligations of any   kind prior to securing the funds adequate to meet   the same; nor shall the Commission pledge the   credit of any of the member states, except by and   with the authority of the member state.                5.  The Commission shall keep accurate accounts of all   receipts and disbursements. The receipts and   disbursements of the Commission shall be subject to   the audit and accounting procedures established   under its bylaws. However, all receipts and   disbursements of funds handled by the Commission   shall be audited yearly by a certified or licensed   public accountant, and the report of the audit   shall be included in and become part of the annual   report of the Commission.          G.  Qualified Immunity, Defense, and Indemnification                1.  The members, officers, executive director,   employees and representatives of the Commission   shall be immune from suit and liability, either   personally or in their official capacity, for any   claim for damage to or loss of property or personal   injury or other civil liability caused by or   arising out of any actual or alleged act, error or   omission that occurred, or that the person against   whom the claim is made had a reasonable basis for   believing occurred within the scope of Commission   employment, duties or responsibilities; provided   that nothing in this paragraph shall be construed   to protect any such person from suit and/or   liability for any damage, loss, injury, or   liability caused by the intentional or willful or   wanton misconduct of that person.                2.  The Commission shall defend any member, officer,   executive director, employee or representative of   the Commission in any civil action seeking to   impose liability arising out of any actual or   alleged act, error, or omission that occurred   within the scope of Commission employment, duties,   or responsibilities, or that the person against   whom the claim is made had a reasonable basis for   believing occurred within the scope of Commission   employment, duties, or responsibilities; provided   that nothing herein shall be construed to prohibit   that person from retaining his or her own counsel;   and provided further, that the actual or alleged   act, error, or omission did not result from that   person's intentional or willful or wanton   misconduct.                3.  The Commission shall indemnify and hold harmless   any member, officer, executive director, employee,   or representative of the Commission for the amount   of any settlement or judgment obtained against that   person arising out of any actual or alleged act,   error or omission that occurred within the scope of   Commission employment, duties, or   responsibilities, or that such person had a   reasonable basis for believing occurred within the   scope of Commission employment, duties, or   responsibilities, provided that the actual or   alleged act, error, or omission did not result from   the intentional or willful or wanton misconduct of   that person.          SECTION 8.  DATA SYSTEM          A.  The Commission shall 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.          B.  Notwithstanding any other provision of state law to the   contrary, a member state shall submit a uniform data set to the data   system on all individuals to whom this Compact is applicable as   required by the rules of the Commission, including:                1.  Identifying information;                2.  Licensure data;                3.  Adverse actions against a license or compact   privilege;                4.  Non-confidential information related to   alternative program participation;                5.  Any denial of application for licensure, and the   reason(s) for such denial; and                6.  Other information that may facilitate the   administration of this Compact, as determined by   the rules of the Commission.          C.  Investigative information pertaining to a licensee in   any member state will only be available to other party states.          D.  The Commission shall promptly notify all member states of   any adverse action taken against a licensee or an individual   applying for a license. Adverse action information pertaining to a   licensee in any member state will be available to any other member   state.          E.  Member states contributing information to the data   system may designate information that may not be shared with the   public without the express permission of the contributing state.          F.  Any information submitted to the data system that is   subsequently required to be expunged by the laws of the member state   contributing the information shall be removed from the data system.          SECTION 9.  RULEMAKING          A.  The Commission shall exercise its rulemaking powers   pursuant to the criteria set forth in this Section and the rules   adopted thereunder. Rules and amendments shall become binding as of   the date specified in each rule or amendment.          B.  If a majority of the legislatures of the member states   rejects a rule, by enactment of a statute or resolution in the same   manner used to adopt the Compact within 4 years of the date of   adoption of the rule, then such rule shall have no further force and   effect in any member state.          C.  Rules or amendments to the rules shall be adopted at a   regular or special meeting of the Commission.          D.  Prior to promulgation and adoption of a final rule or   rules by the Commission, and at least thirty (30) days in advance of   the meeting at which the rule will be considered and voted upon, the   Commission shall file a Notice of Proposed Rulemaking:                1.  On the website of the Commission or other publicly   accessible platform; and                2.  On the website of each member state physical   therapy licensing board or other publicly   accessible platform or the publication in which   each state would otherwise publish proposed rules.          E.  The Notice of Proposed Rulemaking shall include:                1.  The proposed time, date, and location of the   meeting in which the rule will be considered and   voted upon;                2.  The text of the proposed rule or amendment and the   reason for the proposed rule;                3.  A request for comments on the proposed rule from any   interested person; and                4.  The manner in which interested persons may submit   notice to the Commission of their intention to   attend the public hearing and any written comments.          F.  Prior to adoption of a proposed rule, the Commission   shall allow persons to submit written data, facts, opinions, and   arguments, which shall be made available to the public.          G.  The Commission shall grant an opportunity for a public   hearing before it adopts a rule or amendment if a hearing is   requested by:                1.  At least twenty-five (25) persons;                2.  A state or federal governmental subdivision or   agency; or                3.  An association having at least twenty-five (25)   members.          H.  If a hearing is held on the proposed rule or amendment,   the Commission shall publish the place, time, and date of the   scheduled public hearing. If the hearing is held via electronic   means, the Commission shall publish the mechanism for access to the   electronic hearing.                1.  All persons wishing to be heard at the hearing shall   notify the executive director of the Commission or   other designated member in writing of their desire   to appear and testify at the hearing not less than   five (5) business days before the scheduled date of   the hearing.                2.  Hearings shall be conducted in a manner providing   each person who wishes to comment a fair and   reasonable opportunity to comment orally or in   writing.                3.  All hearings will be recorded. A copy of the   recording will be made available on request.                4.  Nothing in this section shall be construed as   requiring a separate hearing on each rule. Rules   may be grouped for the convenience of the   Commission at hearings required by this section.          I.  Following the scheduled hearing date, or by the close of   business on the scheduled hearing date if the hearing was not held,   the Commission shall consider all written and oral comments   received.          J.  If no written notice of intent to attend the public   hearing by interested parties is received, the Commission may   proceed with promulgation of the proposed rule without a public   hearing.          K.  The Commission shall, by majority vote of all members,   take final action on the proposed rule and shall determine the   effective date of the rule, if any, based on the rulemaking record   and the full text of the rule.          L.  Upon determination that an emergency exists, the   Commission may consider and adopt an emergency rule without prior   notice, opportunity for comment, or hearing, provided that the   usual rulemaking procedures provided in the Compact and in this   section shall be retroactively applied to the rule as soon as   reasonably possible, in no event later than ninety (90) days after   the effective date of the rule. For the purposes of this provision,   an emergency rule is one that must be adopted immediately in order   to:                1.  Meet an imminent threat to public health, safety,   or welfare;                2.  Prevent a loss of Commission or member state funds;                3.  Meet a deadline for the promulgation of an   administrative rule that is established by federal   law or rule; or                4.  Protect public health and safety.          M.  The Commission or an authorized committee of the   Commission may direct revisions to a previously adopted rule or   amendment for purposes of correcting typographical errors, errors   in format, errors in consistency, or grammatical errors. Public   notice of any revisions shall be posted on the website of the   Commission. The revision shall be subject to challenge by any   person for a period of thirty (30) days after posting. The revision   may be challenged only on grounds that the revision results in a   material change to a rule. A challenge shall be made in writing, and   delivered to the chair of the Commission prior to the end of the   notice period. If no challenge is made, the revision will take   effect without further action. If the revision is challenged, the   revision may not take effect without the approval of the   Commission.          SECTION 10.  OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT          A.  Oversight                1.  The executive, legislative, and judicial branches   of state government in each member state shall   enforce this Compact and take all actions necessary   and appropriate to effectuate the Compact's   purposes and intent. The provisions of this Compact   and the rules promulgated hereunder shall have   standing as statutory law.                2.  All courts shall take judicial notice of the   Compact and the rules in any judicial or   administrative proceeding in a member state   pertaining to the subject matter of this Compact   which may affect the powers, responsibilities or   actions of the Commission.                3.  The Commission shall be entitled to receive service   of process in any such proceeding, and shall have   standing to intervene in such a proceeding for all   purposes. Failure to provide service of process to   the Commission shall render a judgment or order   void as to the Commission, this Compact, or   promulgated rules.          B.  Default, Technical Assistance, and Termination                1.  If the Commission determines that a member state   has defaulted in the performance of its obligations   or responsibilities under this Compact or the   promulgated rules, the Commission shall:                      a.  Provide written notice to the defaulting state   and other member states of the nature of the   default, the proposed means of curing the   default and/or any other action to be taken by   the Commission; and                      b.  Provide remedial training and specific   technical assistance regarding the default.                2.  If a state in default fails to cure the default, the   defaulting state may be terminated from the Compact   upon an affirmative vote of a majority of the   member states, and all rights, privileges and   benefits conferred by this Compact may be   terminated on the effective date of termination. A   cure of the default does not relieve the offending   state of obligations or liabilities incurred   during the period of default.                3.  Termination of membership in the Compact shall be   imposed only after all other means of securing   compliance have been exhausted. Notice of intent to   suspend or terminate shall be given by the   Commission to the governor, the majority and   minority leaders of the defaulting state's   legislature, and each of the member states.                4.  A state that has been terminated is responsible for   all assessments, obligations, and liabilities   incurred through the effective date of   termination, including obligations that extend   beyond the effective date of termination.                5.  The Commission shall not bear any costs related to a   state that is found to be in default or that has   been terminated from the Compact, unless agreed   upon in writing between the Commission and the   defaulting state.                6.  The defaulting state may appeal the action of the   Commission by petitioning the U.S. District Court   for the District of Columbia or the federal   district where the Commission has its principal   offices. The prevailing member shall be awarded all   costs of such litigation, including reasonable   attorney's fees.          C.  Dispute Resolution                1.  Upon request by a member state, the Commission   shall attempt to resolve disputes related to the   Compact that arise among member states and between   member and non-member states.                2.  The Commission shall promulgate a rule providing   for both mediation and binding dispute resolution   for disputes as appropriate.          D.  Enforcement                1.  The Commission, in the reasonable exercise of its   discretion, shall enforce the provisions and rules   of this Compact.                2.  By majority vote, the Commission may initiate legal   action in the United States District Court for the   District of Columbia or the federal district where   the Commission has its principal offices against a   member state in default to enforce compliance with   the provisions of the Compact and its promulgated   rules and bylaws. The relief sought may include   both injunctive relief and damages. In the event   judicial enforcement is necessary, the prevailing   member shall be awarded all costs of such   litigation, including reasonable attorney's fees.                3.  The remedies herein shall not be the exclusive   remedies of the Commission. The Commission may   pursue any other remedies available under federal or   state law.          SECTION 11.  DATE OF IMPLEMENTATION OF THE INTERSTATE   COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,   WITHDRAWAL, AND AMENDMENT          A.  The Compact shall come into effect on the date on which   the Compact statute is enacted into law in the tenth member state.   The provisions, which become effective at that time, shall be   limited to the powers granted to the Commission relating to   assembly and the promulgation of rules. Thereafter, the Commission   shall meet and exercise rulemaking powers necessary to the   implementation and administration of the Compact.          B.  Any state that joins the Compact subsequent to the   Commission's initial adoption of the rules shall be subject to the   rules as they exist on the date on which the Compact becomes law in   that state. Any rule that has been previously adopted by the   Commission shall have the full force and effect of law on the day   the Compact becomes law in that state.          C.  Any member state may withdraw from this Compact by   enacting a statute repealing the same.                1.  A member state's withdrawal shall not take effect   until six (6) months after enactment of the   repealing statute.                2.  Withdrawal shall not affect the continuing   requirement of the withdrawing state's physical   therapy licensing board to comply with the   investigative and adverse action reporting   requirements of this act prior to the effective   date of withdrawal.          D.  Nothing contained in this Compact shall be construed to   invalidate or prevent any physical therapy licensure agreement or   other cooperative arrangement between a member state and a   non-member state that does not conflict with the provisions of this   Compact.          E.  This Compact may be amended by the member states. No   amendment to this Compact shall become effective and binding upon   any member state until it is enacted into the laws of all member   states.          SECTION 12.  CONSTRUCTION AND SEVERABILITY          This Compact shall be liberally construed so as to effectuate   the purposes thereof. The provisions of this Compact shall be   severable and if any phrase, clause, sentence or provision of this   Compact is declared to be contrary to the constitution of any party   state or of the United States or the applicability thereof to any   government, agency, person or circumstance is held invalid, the   validity of the remainder of this Compact and the applicability   thereof to any government, agency, person or circumstance shall not   be affected thereby. If this Compact shall be held contrary to the   constitution of any party state, the Compact shall remain in full   force and effect as to the remaining party states and in full force   and effect as to the party state affected as to all severable   matters.          Sec. 453.502.  ADMINISTRATION OF COMPACT. The board is the   Physical Therapy Licensure Compact administrator for this state.          Sec. 453.503.  RULES.  The board may adopt rules necessary to   implement this subchapter.          SECTION 2.  This Act takes effect September 1, 2017.     * * * * *