AB942,25,136 3. The commission shall indemnify and hold harmless any member, officer,
7executive director, employee, or representative of the commission for the amount of
8any settlement or judgment obtained against that person arising out of any actual
9or alleged act, error, or omission that occurred within the scope of commission
10employment, duties, or responsibilities, or that such person had a reasonable basis
11for believing occurred within the scope of commission employment, duties, or
12responsibilities, provided that the actual or alleged act, error, or omission did not
13result from the intentional or willful or wanton misconduct of that person.
AB942,25,17 14(8) Data system. (a) The commission shall provide for the development,
15maintenance, and utilization of a coordinated database and reporting system
16containing licensure, adverse action, and investigative information on all licensed
17individuals in member states.
AB942,25,2118 (b) Notwithstanding any other provision of state law to the contrary, a member
19state shall submit a uniform data set to the data system on all individuals to whom
20this compact is applicable as required by the rules of the commission, including all
21of the following:
AB942,25,2222 1. Identifying information.
AB942,25,2323 2. Licensure data.
AB942,25,2424 3. Adverse actions against a license or compact privilege.
AB942,25,2525 4. Nonconfidential information related to alternative program participation.
AB942,26,1
15. Any denial of application for licensure, and the reason(s) for such denial.
AB942,26,32 6. Other information that may facilitate the administration of this compact, as
3determined by the rules of the commission.
AB942,26,54 (c) Investigative information pertaining to a licensee in any member state will
5only be available to other party states.
AB942,26,96 (d) The commission shall promptly notify all member states of any adverse
7action taken against a licensee or an individual applying for a license. Adverse action
8information pertaining to a licensee in any member state will be available to any
9other member state.
AB942,26,1210 (e) Member states contributing information to the data system may designate
11information that may not be shared with the public without the express permission
12of the contributing state.
AB942,26,1513 (f) Any information submitted to the data system that is subsequently required
14to be expunged by the laws of the member state contributing the information shall
15be removed from the data system.
AB942,26,19 16(9) Rule making. (a) The commission shall exercise its rule-making powers
17pursuant to the criteria set forth in this section and the rules adopted thereunder.
18Rules and amendments shall become binding as of the date specified in each rule or
19amendment.
AB942,26,2320 (b) If a majority of the legislatures of the member states rejects a rule, by
21enactment of a statute or resolution in the same manner used to adopt the compact
22within 4 years of the date of adoption of the rule, then such rule shall have no further
23force and effect in any member state.
AB942,26,2524 (c) Rules or amendments to the rules shall be adopted at a regular or special
25meeting of the commission.
AB942,27,4
1(d) Prior to promulgation and adoption of a final rule or rules by the
2commission, and at least 30 days in advance of the meeting at which the rule will be
3considered and voted upon, the commission shall file a notice of proposed rule
4making at all of the following:
AB942,27,55 1. On the website of the commission or other publicly accessible platform.
AB942,27,86 2. On the website of each member state physical therapy licensing board or
7other publicly accessible platform or the publication in which each state would
8otherwise publish proposed rules.
AB942,27,99 (e) The notice of proposed rule making shall include all of the following:
AB942,27,1110 1. The proposed time, date, and location of the meeting in which the rule will
11be considered and voted upon.
AB942,27,1312 2. The text of the proposed rule or amendment and the reason for the proposed
13rule.
AB942,27,1414 3. A request for comments on the proposed rule from any interested person.
AB942,27,1715 4. The manner in which interested persons may submit notice to the
16commission of their intention to attend the public hearing and any written
17comments.
AB942,27,2018 (f) Prior to adoption of a proposed rule, the commission shall allow persons to
19submit written data, facts, opinions, and arguments, which shall be made available
20to the public.
AB942,27,2221 (g) The commission shall grant an opportunity for a public hearing before it
22adopts a rule or amendment if a hearing is requested by any of the following:
AB942,27,2323 1. At least 25 persons.
AB942,27,2424 2. A state or federal governmental subdivision or agency.
AB942,27,2525 3. An association having at least 25 members.
AB942,28,4
1(h) 1. If a hearing is held on the proposed rule or amendment, the commission
2shall publish the place, time, and date of the scheduled public hearing. If the hearing
3is held via electronic means, the commission shall publish the mechanism for access
4to the electronic hearing.
AB942,28,85 2. All persons wishing to be heard at the hearing shall notify the executive
6director of the commission or other designated member in writing of their desire to
7appear and testify at the hearing not less than 5 business days before the scheduled
8date of the hearing.
AB942,28,109 3. Hearings shall be conducted in a manner providing each person who wishes
10to comment a fair and reasonable opportunity to comment orally or in writing.
AB942,28,1211 4. All hearings will be recorded. A copy of the recording will be made available
12on request.
AB942,28,1513 5. Nothing in this section shall be construed as requiring a separate hearing
14on each rule. Rules may be grouped for the convenience of the commission at
15hearings required by this section.
AB942,28,1816 (i) Following the scheduled hearing date, or by the close of business on the
17scheduled hearing date if the hearing was not held, the commission shall consider
18all written and oral comments received.
AB942,28,2119 (j) If no written notice of intent to attend the public hearing by interested
20parties is received, the commission may proceed with promulgation of the proposed
21rule without a public hearing.
AB942,28,2422 (k) The commission shall, by majority vote of all members, take final action on
23the proposed rule and shall determine the effective date of the rule, if any, based on
24the rule-making record and the full text of the rule.
AB942,29,7
1(L) Upon determination that an emergency exists, the commission may
2consider and adopt an emergency rule without prior notice, opportunity for
3comment, or hearing, provided that the usual rule-making procedures provided in
4the compact and in this section shall be retroactively applied to the rule as soon as
5reasonably possible, in no event later than 90 days after the effective date of the rule.
6For the purposes of this provision, an emergency rule is one that must be adopted
7immediately in order to do any of the following:
AB942,29,88 1. Meet an imminent threat to public health, safety, or welfare.
AB942,29,99 2. Prevent a loss of commission or member state funds.
AB942,29,1110 3. Meet a deadline for the promulgation of an administrative rule that is
11established by federal law or rule.
AB942,29,1212 4. Protect public health and safety.
AB942,29,2213 (m) The commission or an authorized committee of the commission may direct
14revisions to a previously adopted rule or amendment for purposes of correcting
15typographical errors, errors in format, errors in consistency, or grammatical errors.
16Public notice of any revisions shall be posted on the website of the commission. The
17revision shall be subject to challenge by any person for a period of 30 days after
18posting. The revision may be challenged only on grounds that the revision results
19in a material change to a rule. A challenge shall be made in writing, and delivered
20to the chair of the commission prior to the end of the notice period. If no challenge
21is made, the revision will take effect without further action. If the revision is
22challenged, the revision may not take effect without the approval of the commission.
AB942,30,2 23(10) Oversight, dispute resolution, and enforcement. (a) Oversight. 1. The
24executive, legislative, and judicial branches of state government in each member
25state shall enforce this compact and take all actions necessary and appropriate to

1effectuate the compact's purposes and intent. The provisions of this compact and the
2rules promulgated hereunder shall have standing as statutory law.
AB942,30,63 2. All courts shall take judicial notice of the compact and the rules in any
4judicial or administrative proceeding in a member state pertaining to the subject
5matter of this compact which may affect the powers, responsibilities, or actions of the
6commission.
AB942,30,107 3. The commission shall be entitled to receive service of process in any such
8proceeding, and shall have standing to intervene in such a proceeding for all
9purposes. Failure to provide service of process to the commission shall render a
10judgment or order void as to the commission, this compact, or promulgated rules.
AB942,30,1411 (b) Default, technical assistance, and termination. 1. If the commission
12determines that a member state has defaulted in the performance of its obligations
13or responsibilities under this compact or the promulgated rules, the commission
14shall do all of the following:
AB942,30,1715 a. Provide written notice to the defaulting state and other member states of the
16nature of the default, the proposed means of curing the default, and/or any other
17action to be taken by the commission.
AB942,30,1918 b. Provide remedial training and specific technical assistance regarding the
19default.
AB942,30,2420 2. If a state in default fails to cure the default, the defaulting state may be
21terminated from the compact upon an affirmative vote of a majority of the member
22states, and all rights, privileges, and benefits conferred by this compact may be
23terminated on the effective date of termination. A cure of the default does not relieve
24the offending state of obligations or liabilities incurred during the period of default.
AB942,31,5
13. Termination of membership in the compact shall be imposed only after all
2other means of securing compliance have been exhausted. Notice of intent to
3suspend or terminate shall be given by the commission to the governor, the majority
4and minority leaders of the defaulting state's legislature, and each of the member
5states.
AB942,31,86 4. A state that has been terminated is responsible for all assessments,
7obligations, and liabilities incurred through the effective date of termination,
8including obligations that extend beyond the effective date of termination.
AB942,31,119 5. The commission shall not bear any costs related to a state that is found to
10be in default or that has been terminated from the compact, unless agreed upon in
11writing between the commission and the defaulting state.
AB942,31,1512 6. The defaulting state may appeal the action of the commission by petitioning
13the U.S. District Court for the District of Columbia or the federal district where the
14commission has its principal offices. The prevailing member shall be awarded all
15costs of such litigation, including reasonable attorney's fees.
AB942,31,1816 (c) Dispute resolution. 1. Upon request by a member state, the commission
17shall attempt to resolve disputes related to the compact that arise among member
18states and between member and nonmember states.
AB942,31,2019 2. The commission shall promulgate a rule providing for both mediation and
20binding dispute resolution for disputes as appropriate.
AB942,31,2221 (d) Enforcement. 1. The commission, in the reasonable exercise of its
22discretion, shall enforce the provisions and rules of this compact.
AB942,32,423 2. By majority vote, the commission may initiate legal action in the U.S.
24District Court for the District of Columbia or the federal district where the
25commission has its principal offices against a member state in default to enforce

1compliance with the provisions of the compact and its promulgated rules and bylaws.
2The relief sought may include both injunctive relief and damages. In the event
3judicial enforcement is necessary, the prevailing member shall be awarded all costs
4of such litigation, including reasonable attorney's fees.
AB942,32,65 3. The remedies herein shall not be the exclusive remedies of the commission.
6The commission may pursue any other remedies available under federal or state law.
AB942,32,14 7(11) Date of implementation of the interstate commission for physical
8therapy practice and associated rules, withdrawal, and amendments.
(a) The
9compact shall come into effect on the date on which the compact statute is enacted
10into law in the 10th member state. The provisions, which become effective at that
11time, shall be limited to the powers granted to the commission relating to assembly
12and the promulgation of rules. Thereafter, the commission shall meet and exercise
13rule-making powers necessary to the implementation and administration of the
14compact.
AB942,32,1915 (b) Any state that joins the compact subsequent to the commission's initial
16adoption of the rules shall be subject to the rules as they exist on the date on which
17the compact becomes law in that state. Any rule that has been previously adopted
18by the commission shall have the full force and effect of law on the day the compact
19becomes law in that state.
AB942,32,2120 (c) 1. Any member state may withdraw from this compact by enacting a statute
21repealing the same.
AB942,32,2322 2. A member state's withdrawal shall not take effect until 6 months after
23enactment of the repealing statute.
AB942,33,3
13. Withdrawal shall not affect the continuing requirement of the withdrawing
2state's physical therapy licensing board to comply with the investigative and adverse
3action reporting requirements of this act prior to the effective date of withdrawal.
AB942,33,74 (d) Nothing contained in this compact shall be construed to invalidate or
5prevent any physical therapy licensure agreement or other cooperative arrangement
6between a member state and a nonmember state that does not conflict with the
7provisions of this compact.
AB942,33,108 (e) This compact may be amended by the member states. No amendment to this
9compact shall become effective and binding upon any member state until it is enacted
10into the laws of all member states.
AB942,33,20 11(12) Construction and severability. This compact shall be liberally construed
12so as to effectuate the purposes thereof. The provisions of this compact shall be
13severable and if any phrase, clause, sentence, or provision of this compact is declared
14to be contrary to the constitution of any party state or of the United States or the
15applicability thereof to any government, agency, person, or circumstance is held
16invalid, the validity of the remainder of this compact and the applicability thereof to
17any government, agency, person, or circumstance shall not be affected thereby. If this
18compact shall be held contrary to the constitution of any party state, the compact
19shall remain in full force and effect as to the remaining party states and in full force
20and effect as to the party state affected as to all severable matters.
AB942,22 21Section 22 . 448.986 of the statutes is created to read:
AB942,33,23 22448.986 Implementation of the physical therapy licensure compact.
23(1) In this section:
AB942,33,2424 (a) “Compact” means the physical therapy licensure compact under s. 448.985.
AB942,34,2
1(b) “Compact privilege” means a compact privilege, as defined in s. 448.985 (2)
2(d), that is granted under the compact to an individual to practice in this state.
AB942,34,33 (c) “Examining board” means the physical therapy examining board.
AB942,34,5 4(2) The department may impose a fee for an individual to receive a compact
5privilege as provided in s. 448.985 (3) (d).
AB942,34,9 6(3) The examining board may, by rule, require an individual seeking a compact
7privilege to meet a jurisprudence requirement in accordance with s. 448.985 (4) (a)
87., if such a requirement is imposed by the examining board under s. 448.54 in order
9to obtain a license under s. 448.53 or 448.535.
AB942,34,11 10(4) (a) An individual who holds a compact privilege shall comply with s. 440.03
11(13) (am).
AB942,34,1512 (b) Subject to s. 448.985 and any rules promulgated thereunder, ss. 440.20 to
13440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
14holds a compact privilege in the same manner that they apply to holders of licenses
15issued under subch. III.
AB942,23 16Section 23. 450.10 (3) (a) 5. of the statutes is amended to read:
AB942,34,2017 450.10 (3) (a) 5. A physician, physician assistant, podiatrist, physical
18therapist, physical therapist assistant, occupational therapist, or occupational
19therapy assistant licensed under ch. 448 or a physical therapist or physical therapist
20assistant who holds a compact privilege under subch. IX of ch. 448
.
AB942,24 21Section 24. 451.02 (1) of the statutes is amended to read:
AB942,34,2522 451.02 (1) An individual holding a license, permit or certificate under ch. 441,
23446, 447, 448, or 449 or a compact privilege under subch. IX of ch. 448 who engages
24in a practice of acupuncture that is also included within the scope of his or her license,
25permit or certificate.
AB942,25
1Section 25. 462.04 of the statutes is amended to read:
AB942,35,10 2462.04 Prescription or order required. A person who holds a license or
3limited X-ray machine operator permit under this chapter may not use diagnostic
4X-ray equipment on humans for diagnostic purposes unless authorized to do so by
5prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed
6under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed
7under s. 446.02, an advanced practice nurse certified under s. 441.16 (2), a physician
8assistant licensed under s. 448.04 (1) (f), or, subject to s. 448.56 (7) (a), a physical
9therapist who is licensed under s. 448.53 or who holds a compact privilege under
10subch. IX of ch. 448
.
AB942,26 11Section 26. Nonstatutory provisions.
AB942,35,2012 (1) The physical therapy examining board may promulgate emergency rules
13under section 227.24 of the statutes necessary to implement this act.
14Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules
15promulgated under this subsection remain in effect until May 1, 2019, or the date on
16which permanent rules take effect, whichever is sooner. Notwithstanding section
17227.24 (1) (a) and (3) of the statutes, the board is not required to provide evidence that
18promulgating a rule under this subsection as an emergency rule is necessary for the
19preservation of the public peace, health, safety, or welfare and is not required to
20provide a finding of emergency for a rule promulgated under this subsection.
AB942,27 21Section 27. Effective dates. This act takes effect on the day after publication,
22except as follows:
AB942,35,2423 (1) The repeal and recreation of sections 440.03 (13) (b) (intro.) and 440.15 of
24the statutes takes effect on December 16, 2019.
AB942,35,2525 (End)
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