AB438,21,2222 5. The executive board shall meet at least annually.
AB438,21,2423 6. The executive board shall have all of the following duties and
24responsibilities:
AB438,22,3
1a. Recommend to the entire commission changes to the rules or bylaws, changes
2to this compact legislation, fees paid by compact member states such as annual dues,
3and any commission compact fee charged to licensees for the compact privilege.
AB438,22,54 b. Ensure compact administration services are appropriately provided,
5contractual or otherwise.
AB438,22,66 c. Prepare and recommend the budget.
AB438,22,77 d. Maintain financial records on behalf of the commission.
AB438,22,98 e. Monitor compact compliance of member states and provide compliance
9reports to the commission.
AB438,22,1010 f. Establish additional committees as necessary.
AB438,22,1111 g. Other duties as provided in rules or bylaws.
AB438,22,1212 (e) Meetings of the commission:
AB438,22,1513 1. All meetings shall be open to the public, and public notice of meetings shall
14be given in the same manner as required under the rule-making provisions in sub.
15(9).
AB438,22,1916 2. The commission or the executive board or other committees of the
17commission may convene in a closed, nonpublic meeting if the commission or
18executive board or other committees of the commission must discuss any of the
19following:
AB438,22,2020 a. Noncompliance of a member state with its obligations under the compact.
AB438,22,2321 b. The employment, compensation, discipline or other matters, practices, or
22procedures related to specific employees or other matters related to the commission's
23internal personnel practices and procedures.
AB438,22,2424 c. Current, threatened, or reasonably anticipated litigation.
AB438,23,2
1d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
2real estate.
AB438,23,33 e. Accusing any person of a crime or formally censuring any person.
AB438,23,54 f. Disclosure of trade secrets or commercial or financial information that is
5privileged or confidential.
AB438,23,76 g. Disclosure of information of a personal nature where disclosure would
7constitute a clearly unwarranted invasion of personal privacy.
AB438,23,88 h. Disclosure of investigative records compiled for law enforcement purposes.
AB438,23,129 i. Disclosure of information related to any investigative reports prepared by or
10on behalf of or for use of the commission or other committee charged with
11responsibility of investigation or determination of compliance issues pursuant to the
12compact.
AB438,23,1413 j. Matters specifically exempted from disclosure by federal or member state
14statute.
AB438,23,1715 3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
16commission's legal counsel or designee shall certify that the meeting may be closed
17and shall reference each relevant exempting provision.
AB438,23,2418 4. The commission shall keep minutes that fully and clearly describe all
19matters discussed in a meeting and shall provide a full and accurate summary of
20actions taken, and the reasons therefore, including a description of the views
21expressed. All documents considered in connection with an action shall be identified
22in such minutes. All minutes and documents of a closed meeting shall remain under
23seal, subject to release by a majority vote of the commission or order of a court of
24competent jurisdiction.
AB438,23,2525 (f) Financing of the commission:
AB438,24,2
11. The commission shall pay, or provide for the payment of, the reasonable
2expenses of its establishment, organization, and ongoing activities.
AB438,24,43 2. The commission may accept any and all appropriate revenue sources,
4donations, and grants of money, equipment, supplies, materials, and services.
AB438,24,115 3. The commission may levy on and collect an annual assessment from each
6member state or impose fees on other parties to cover the cost of the operations and
7activities of the commission and its staff, which must be in a total amount sufficient
8to cover its annual budget as approved each year for which revenue is not provided
9by other sources. The aggregate annual assessment amount shall be allocated based
10upon a formula to be determined by the commission, which shall promulgate a rule
11binding upon all member states.
AB438,24,1412 4. The commission shall not incur obligations of any kind prior to securing the
13funds adequate to meet the same; nor shall the commission pledge the credit of any
14of the member states, except by and with the authority of the member state.
AB438,24,2015 5. The commission shall keep accurate accounts of all receipts and
16disbursements. The receipts and disbursements of the commission shall be subject
17to the audit and accounting procedures established under its bylaws. However, all
18receipts and disbursements of funds handled by the commission shall be audited
19yearly by a certified or licensed public accountant, and the report of the audit shall
20be included in and become part of the annual report of the commission.
AB438,24,2121 (g) Qualified immunity, defense, and indemnification:
AB438,25,622 1. The members, officers, executive director, employees, and representatives
23of the commission shall be immune from suit and liability, either personally or in
24their official capacity, for any claim for damage to or loss of property or personal
25injury or other civil liability caused by or arising out of any actual or alleged act,

1error, or omission that occurred, or that the person against whom the claim is made
2had a reasonable basis for believing occurred within the scope of commission
3employment, duties, or responsibilities; provided that nothing in this paragraph
4shall be construed to protect any such person from suit and/or liability for any
5damage, loss, injury, or liability caused by the intentional or willful or wanton
6misconduct of that person.
AB438,25,167 2. The commission shall defend any member, officer, executive director,
8employee, or representative of the commission in any civil action seeking to impose
9liability arising out of any actual or alleged act, error, or omission that occurred
10within the scope of commission employment, duties, or responsibilities, or that the
11person against whom the claim is made had a reasonable basis for believing occurred
12within the scope of commission employment, duties, or responsibilities; provided
13that nothing herein shall be construed to prohibit that person from retaining his or
14her own counsel; and provided further, that the actual or alleged act, error, or
15omission did not result from that person's intentional or willful or wanton
16misconduct.
AB438,25,2417 3. The commission shall indemnify and hold harmless any member, officer,
18executive director, employee, or representative of the commission for the amount of
19any settlement or judgment obtained against that person arising out of any actual
20or alleged act, error, or omission that occurred within the scope of commission
21employment, duties, or responsibilities, or that such person had a reasonable basis
22for believing occurred within the scope of commission employment, duties, or
23responsibilities, provided that the actual or alleged act, error, or omission did not
24result from the intentional or willful or wanton misconduct of that person.
AB438,26,4
1(8) Data system. (a) The commission shall provide for the development,
2maintenance, and utilization of a coordinated database and reporting system
3containing licensure, adverse action, and investigative information on all licensed
4individuals in member states.
AB438,26,85 (b) Notwithstanding any other provision of state law to the contrary, a member
6state shall submit a uniform data set to the data system on all individuals to whom
7this compact is applicable as required by the rules of the commission, including all
8of the following:
AB438,26,99 1. Identifying information.
AB438,26,1010 2. Licensure data.
AB438,26,1111 3. Adverse actions against a license or compact privilege.
AB438,26,1212 4. Nonconfidential information related to alternative program participation.
AB438,26,1313 5. Any denial of application for licensure, and the reason(s) for such denial.
AB438,26,1514 6. Other information that may facilitate the administration of this compact, as
15determined by the rules of the commission.
AB438,26,1716 (c) Investigative information pertaining to a licensee in any member state will
17only be available to other party states.
AB438,26,2118 (d) The commission shall promptly notify all member states of any adverse
19action taken against a licensee or an individual applying for a license. Adverse action
20information pertaining to a licensee in any member state will be available to any
21other member state.
AB438,26,2422 (e) Member states contributing information to the data system may designate
23information that may not be shared with the public without the express permission
24of the contributing state.
AB438,27,3
1(f) Any information submitted to the data system that is subsequently required
2to be expunged by the laws of the member state contributing the information shall
3be removed from the data system.
AB438,27,7 4(9) Rule making. (a) The commission shall exercise its rule-making powers
5pursuant to the criteria set forth in this section and the rules adopted thereunder.
6Rules and amendments shall become binding as of the date specified in each rule or
7amendment.
AB438,27,118 (b) If a majority of the legislatures of the member states rejects a rule, by
9enactment of a statute or resolution in the same manner used to adopt the compact
10within 4 years of the date of adoption of the rule, then such rule shall have no further
11force and effect in any member state.
AB438,27,1312 (c) Rules or amendments to the rules shall be adopted at a regular or special
13meeting of the commission.
AB438,27,1714 (d) Prior to promulgation and adoption of a final rule or rules by the
15commission, and at least 30 days in advance of the meeting at which the rule will be
16considered and voted upon, the commission shall file a notice of proposed rule
17making at all of the following:
AB438,27,1818 1. On the website of the commission or other publicly accessible platform.
AB438,27,2119 2. On the website of each member state physical therapy licensing board or
20other publicly accessible platform or the publication in which each state would
21otherwise publish proposed rules.
AB438,27,2222 (e) The notice of proposed rule making shall include all of the following:
AB438,27,2423 1. The proposed time, date, and location of the meeting in which the rule will
24be considered and voted upon.
AB438,28,2
12. The text of the proposed rule or amendment and the reason for the proposed
2rule.
AB438,28,33 3. A request for comments on the proposed rule from any interested person.
AB438,28,64 4. The manner in which interested persons may submit notice to the
5commission of their intention to attend the public hearing and any written
6comments.
AB438,28,97 (f) Prior to adoption of a proposed rule, the commission shall allow persons to
8submit written data, facts, opinions, and arguments, which shall be made available
9to the public.
AB438,28,1110 (g) The commission shall grant an opportunity for a public hearing before it
11adopts a rule or amendment if a hearing is requested by any of the following:
AB438,28,1212 1. At least 25 persons.
AB438,28,1313 2. A state or federal governmental subdivision or agency.
AB438,28,1414 3. An association having at least 25 members.
AB438,28,1815 (h) 1. If a hearing is held on the proposed rule or amendment, the commission
16shall publish the place, time, and date of the scheduled public hearing. If the hearing
17is held via electronic means, the commission shall publish the mechanism for access
18to the electronic hearing.
AB438,28,2219 2. All persons wishing to be heard at the hearing shall notify the executive
20director of the commission or other designated member in writing of their desire to
21appear and testify at the hearing not less than 5 business days before the scheduled
22date of the hearing.
AB438,28,2423 3. Hearings shall be conducted in a manner providing each person who wishes
24to comment a fair and reasonable opportunity to comment orally or in writing.
AB438,29,2
14. All hearings will be recorded. A copy of the recording will be made available
2on request.
AB438,29,53 5. Nothing in this section shall be construed as requiring a separate hearing
4on each rule. Rules may be grouped for the convenience of the commission at
5hearings required by this section.
AB438,29,86 (i) Following the scheduled hearing date, or by the close of business on the
7scheduled hearing date if the hearing was not held, the commission shall consider
8all written and oral comments received.
AB438,29,119 (j) If no written notice of intent to attend the public hearing by interested
10parties is received, the commission may proceed with promulgation of the proposed
11rule without a public hearing.
AB438,29,1412 (k) The commission shall, by majority vote of all members, take final action on
13the proposed rule and shall determine the effective date of the rule, if any, based on
14the rule-making record and the full text of the rule.
AB438,29,2115 (L) Upon determination that an emergency exists, the commission may
16consider and adopt an emergency rule without prior notice, opportunity for
17comment, or hearing, provided that the usual rule-making procedures provided in
18the compact and in this section shall be retroactively applied to the rule as soon as
19reasonably possible, in no event later than 90 days after the effective date of the rule.
20For the purposes of this provision, an emergency rule is one that must be adopted
21immediately in order to do any of the following:
AB438,29,2222 1. Meet an imminent threat to public health, safety, or welfare.
AB438,29,2323 2. Prevent a loss of commission or member state funds.
AB438,29,2524 3. Meet a deadline for the promulgation of an administrative rule that is
25established by federal law or rule.
AB438,30,1
14. Protect public health and safety.
AB438,30,112 (m) The commission or an authorized committee of the commission may direct
3revisions to a previously adopted rule or amendment for purposes of correcting
4typographical errors, errors in format, errors in consistency, or grammatical errors.
5Public notice of any revisions shall be posted on the website of the commission. The
6revision shall be subject to challenge by any person for a period of 30 days after
7posting. The revision may be challenged only on grounds that the revision results
8in a material change to a rule. A challenge shall be made in writing, and delivered
9to the chair of the commission prior to the end of the notice period. If no challenge
10is made, the revision will take effect without further action. If the revision is
11challenged, the revision may not take effect without the approval of the commission.
AB438,30,16 12(10) Oversight, dispute resolution, and enforcement. (a) Oversight. 1. The
13executive, legislative, and judicial branches of state government in each member
14state shall enforce this compact and take all actions necessary and appropriate to
15effectuate the compact's purposes and intent. The provisions of this compact and the
16rules promulgated hereunder shall have standing as statutory law.
AB438,30,2017 2. All courts shall take judicial notice of the compact and the rules in any
18judicial or administrative proceeding in a member state pertaining to the subject
19matter of this compact which may affect the powers, responsibilities, or actions of the
20commission.
AB438,30,2421 3. The commission shall be entitled to receive service of process in any such
22proceeding, and shall have standing to intervene in such a proceeding for all
23purposes. Failure to provide service of process to the commission shall render a
24judgment or order void as to the commission, this compact, or promulgated rules.
AB438,31,4
1(b) Default, technical assistance, and termination. 1. If the commission
2determines that a member state has defaulted in the performance of its obligations
3or responsibilities under this compact or the promulgated rules, the commission
4shall do all of the following:
AB438,31,75 a. Provide written notice to the defaulting state and other member states of the
6nature of the default, the proposed means of curing the default, and/or any other
7action to be taken by the commission.
AB438,31,98 b. Provide remedial training and specific technical assistance regarding the
9default.
AB438,31,1410 2. If a state in default fails to cure the default, the defaulting state may be
11terminated from the compact upon an affirmative vote of a majority of the member
12states, and all rights, privileges, and benefits conferred by this compact may be
13terminated on the effective date of termination. A cure of the default does not relieve
14the offending state of obligations or liabilities incurred during the period of default.
AB438,31,1915 3. Termination of membership in the compact shall be imposed only after all
16other means of securing compliance have been exhausted. Notice of intent to
17suspend or terminate shall be given by the commission to the governor, the majority
18and minority leaders of the defaulting state's legislature, and each of the member
19states.
AB438,31,2220 4. A state that has been terminated is responsible for all assessments,
21obligations, and liabilities incurred through the effective date of termination,
22including obligations that extend beyond the effective date of termination.
AB438,31,2523 5. The commission shall not bear any costs related to a state that is found to
24be in default or that has been terminated from the compact, unless agreed upon in
25writing between the commission and the defaulting state.
AB438,32,4
16. The defaulting state may appeal the action of the commission by petitioning
2the U.S. District Court for the District of Columbia or the federal district where the
3commission has its principal offices. The prevailing member shall be awarded all
4costs of such litigation, including reasonable attorney's fees.
AB438,32,75 (c) Dispute resolution. 1. Upon request by a member state, the commission
6shall attempt to resolve disputes related to the compact that arise among member
7states and between member and nonmember states.
AB438,32,98 2. The commission shall promulgate a rule providing for both mediation and
9binding dispute resolution for disputes as appropriate.
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