Chief Sponsor: Evan J. Vickers

House Sponsor: Douglas V. Sagers


8     General Description:
9          This bill enacts the Physical Therapy Licensure Compact.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends qualifications for licensure;
13          ▸     enacts the Physical Therapy Licensure Compact; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          58-24b-302, as last amended by Laws of Utah 2016, Chapter 238
22     ENACTS:
23          58-24c-101, Utah Code Annotated 1953
24          58-24c-102, Utah Code Annotated 1953
25          58-24c-103, Utah Code Annotated 1953
26          58-24c-104, Utah Code Annotated 1953

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 58-24b-302 is amended to read:

30          58-24b-302. Licensure.
31          (1) An applicant for a license as a physical therapist shall:
32          (a) be of good moral character;
33          (b) complete the application process, including payment of fees;
34          (c) submit proof of graduation from a professional physical therapist education
35     program that is accredited by a recognized accreditation agency;
36          (d) after complying with Subsection (1)(c), pass a licensing examination;
37          (e) be able to read, write, speak, understand, and be understood in the English language
38     and demonstrate proficiency to the satisfaction of the board if requested by the board; and
39          (f) meet any other requirements established by [the division, by rule] division rule
40     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
41          (2) An applicant for a license as a physical therapist assistant shall:
42          (a) be of good moral character;
43          (b) complete the application process, including payment of fees set by the division, in
44     accordance with Section 63J-1-504, to recover the costs of administering the licensing
45     requirements relating to physical therapist assistants;
46          (c) submit proof of graduation from a physical therapist assistant education program
47     that is accredited by a recognized accreditation agency;
48          (d) after complying with Subsection (2)(c), pass a licensing examination approved by
49     division rule made in collaboration with the board and in accordance with Title 63G, Chapter
50     3, Utah Administrative Rulemaking Act;
51          (e) be able to read, write, speak, understand, and be understood in the English language
52     and demonstrate proficiency to the satisfaction of the board if requested by the board; [and]
53          (f) submit to, and pass, a criminal background check, in accordance with standards
54     established by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
55     Rulemaking Act; and
56          [(f)] (g) meet any other requirements established by the division, by rule made in
57     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

58          (3) An applicant for a license as a physical therapist who is educated outside of the
59     United States shall:
60          (a) be of good moral character;
61          (b) complete the application process, including payment of fees;
62          (c) (i) provide satisfactory evidence that the applicant graduated from a professional
63     physical therapist education program that is accredited by a recognized accreditation agency; or
64          (ii) (A) provide satisfactory evidence that the applicant graduated from a physical
65     therapist education program that prepares the applicant to engage in the practice of physical
66     therapy, without restriction;
67          (B) provide satisfactory evidence that the education program described in Subsection
68     (3)(c)(ii)(A) is recognized by the government entity responsible for recognizing a physical
69     therapist education program in the country where the program is located; and
70          (C) pass a credential evaluation to ensure that the applicant has satisfied uniform
71     educational requirements;
72          (d) after complying with Subsection (3)(c), pass a licensing examination;
73          (e) be able to read, write, speak, understand, and be understood in the English language
74     and demonstrate proficiency to the satisfaction of the board if requested by the board; and
75          (f) meet any other requirements established by the division, by rule made in accordance
76     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
77          (4) The division shall issue a license to a person who holds a current unrestricted
78     license to practice physical therapy in a state, district, or territory of the United States of
79     America, other than Utah, if the person:
80          (a) is of good moral character;
81          (b) completes the application process, including payment of fees; and
82          (c) is able to read, write, speak, understand, and be understood in the English language
83     and demonstrate proficiency to the satisfaction of the board if requested by the board.
84          (5) (a) Notwithstanding Subsection 58-1-307(1)(c), an individual may not engage in an
85     internship in physical therapy, unless the person is:

86          (i) certified by the division; or
87          (ii) exempt from licensure under Section 58-24b-304.
88          (b) The provisions of Subsection (5)(a) apply, regardless of whether the individual is
89     participating in the supervised clinical training program for the purpose of becoming a physical
90     therapist or a physical therapist assistant.
91          Section 2. Section 58-24c-101 is enacted to read:

93          58-24c-101. Title.
94          This chapter is known as the "Physical Therapy Licensure Compact."
95          Section 3. Section 58-24c-102 is enacted to read:
96          58-24c-102. Physical Therapy Licensure Compact.
98          SECTION 1. PURPOSE
99          The purpose of this Compact is to facilitate interstate practice of physical therapy with
100     the goal of improving public access to physical therapy services. The practice of physical
101     therapy occurs in the state where the patient/client is located at the time of the patient/client
102     encounter. The Compact preserves the regulatory authority of states to protect public health and
103     safety through the current system of state licensure.
104          This Compact is designed to achieve the following objectives:
105          1. Increase public access to physical therapy services by providing for the mutual
106     recognition of other member state licenses;
107          2. Enhance the states' ability to protect the public's health and safety;
108          3. Encourage the cooperation of member states in regulating multi-state physical
109     therapy practice;
110          4. Support spouses of relocating military members;
111          5. Enhance the exchange of licensure, investigative, and disciplinary information
112     between member states; and
113          6. Allow a remote state to hold a provider of services with a compact privilege in that

114     state accountable to that state's practice standards.
116          As used in this Compact, and except as otherwise provided, the following definitions
117     shall apply:
118          1. "Active Duty Military" means full-time duty status in the active uniformed service of
119     the United States, including members of the National Guard and Reserve on active duty orders
120     pursuant to 10 U.S.C. Section 1209 and 1211.
121          2. "Adverse Action" means disciplinary action taken by a physical therapy licensing
122     board based upon misconduct, unacceptable performance, or a combination of both.
123          3. "Alternative Program" means a non-disciplinary monitoring or practice remediation
124     process approved by a physical therapy licensing board. This includes, but is not limited to,
125     substance abuse issues.
126          4. "Compact privilege" means the authorization granted by a remote state to allow a
127     licensee from another member state to practice as a physical therapist or work as a physical
128     therapist assistant in the remote state under its laws and rules. The practice of physical therapy
129     occurs in the member state where the patient/client is located at the time of the patient/client
130     encounter.
131          5. "Continuing competence" means a requirement, as a condition of license renewal, to
132     provide evidence of participation in, and/or completion of, educational and professional
133     activities relevant to practice or area of work.
134          6. "Data system" means a repository of information about licensees, including
135     examination, licensure, investigative, compact privilege, and adverse action.
136          7. "Encumbered license" means a license that a physical therapy licensing board has
137     limited in any way.
138          8. "Executive Board" means a group of directors elected or appointed to act on behalf
139     of, and within the powers granted to them by, the Commission.
140          9. "Home state" means the member state that is the licensee's primary state of residence.
141          10. "Investigative information" means information, records, and documents received or

142     generated by a physical therapy licensing board pursuant to an investigation.
143          11. "Jurisprudence Requirement" means the assessment of an individual's knowledge of
144     the laws and rules governing the practice of physical therapy in a state.
145          12. "Licensee" means an individual who currently holds an authorization from the state
146     to practice as a physical therapist or to work as a physical therapist assistant.
147          13. "Member state" means a state that has enacted the Compact.
148          14. "Party state" means any member state in which a licensee holds a current license or
149     compact privilege or is applying for a license or compact privilege.
150          15. "Physical therapist" means an individual who is licensed by a state to practice
151     physical therapy.
152          16. "Physical therapist assistant" means an individual who is licensed/certified by a
153     state and who assists the physical therapist in selected components of physical therapy.
154          17. "Physical therapy," "physical therapy practice," and "the practice of physical
155     therapy" mean the care and services provided by or under the direction and supervision of a
156     licensed physical therapist.
157          18. "Physical Therapy Compact Commission" or "Commission" means the national
158     administrative body whose membership consists of all states that have enacted the Compact.
159          19. "Physical therapy licensing board" or "licensing board" means the agency of a state
160     that is responsible for the licensing and regulation of physical therapists and physical therapist
161     assistants.
162          20. "Remote State" means a member state other than the home state, where a licensee is
163     exercising or seeking to exercise the compact privilege.
164          21. "Rule" means a regulation, principle, or directive promulgated by the Commission
165     that has the force of administrative rule.
166          22. "State" means any state, commonwealth, district, or territory of the United States of
167     America that regulates the practice of physical therapy.
169          A. To participate in the Compact, a state must:

170          1. Participate fully in the Commission's data system, including using the Commission's
171     unique identifier as defined in rules;
172          2. Have a mechanism in place for receiving and investigating complaints about
173     licensees;
174          3. Notify the Commission, in compliance with the terms of the Compact and rules, of
175     any adverse action or the availability of investigative information regarding a licensee;
176          4. Fully implement a criminal background check requirement, within a time frame
177     established by rule, by receiving the results of the Federal Bureau of Investigation record search
178     on criminal background checks and use the results in making licensure decisions in accordance
179     with Section 3B;
180          5. Comply with the rules of the Commission;
181          6. Utilize a recognized national examination as a requirement for licensure pursuant to
182     the rules of the Commission; and
183          7. Have continuing competence requirements as a condition for license renewal.
184          B. Upon adoption of this statute, the member state shall have the authority to obtain
185     biometric-based information from each physical therapy licensure applicant and submit this
186     information to the Federal Bureau of Investigation for a criminal background check in
187     accordance with 28 U.S.C. SEC. 534 and 42 U.S.C. SEC. 14616.
188          C. A member state shall grant the compact privilege to a licensee holding a valid
189     unencumbered license in another member state in accordance with the terms of the Compact
190     and rules.
191          D. Member states may charge a fee for granting a compact privilege.
193          A. To exercise the compact privilege under the terms and provisions of the Compact,
194     the licensee shall:
195          1. Hold a license in the home state;
196          2. Have no encumbrance on any state license;
197          3. Be eligible for a compact privilege in any member state in accordance with Section

198     4D, G and H;
199          4. Have not had any adverse action against any license or compact privilege within the
200     previous 2 years;
201          5. Notify the Commission that the licensee is seeking the compact privilege within a
202     remote state(s);
203          6. Pay any applicable fees, including any state fee, for the compact privilege;
204          7. Meet any jurisprudence requirements established by the remote state(s) in which the
205     licensee is seeking a compact privilege; and
206          8. Report to the Commission adverse action taken by any non-member state within 30
207     days from the date the adverse action is taken.
208          B. The compact privilege is valid until the expiration date of the home license. The
209     licensee must comply with the requirements of Section 4A to maintain the compact privilege in
210     the remote state.
211          C. A licensee providing physical therapy in a remote state under the compact privilege
212     shall function within the laws and regulations of the remote state.
213          D. A licensee providing physical therapy in a remote state is subject to that state's
214     regulatory authority. A remote state may, in accordance with due process and that state's laws,
215     remove a licensee's compact privilege in the remote state for a specific period of time, impose
216     fines, and/or take any other necessary actions to protect the health and safety of its citizens. The
217     licensee is not eligible for a compact privilege in any state until the specific time for removal
218     has passed and all fines are paid.
219          E. If a home state license is encumbered, the licensee shall lose the compact privilege in
220     any remote state until the following occur:
221          1. The home state license is no longer encumbered; and
222          2. Two years have elapsed from the date of the adverse action.
223          F. Once an encumbered license in the home state is restored to good standing, the
224     licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote
225     state.

226          G. If a licensee's compact privilege in any remote state is removed, the individual shall
227     lose the compact privilege in any remote state until the following occur:
228          1. The specific period of time for which the compact privilege was removed has ended;
229          2. All fines have been paid; and
230          3. Two years have elapsed from the date of the adverse action.
231          H. Once the requirements of Section 4G have been met, the license must meet the
232     requirements in Section 4A to obtain a compact privilege in a remote state.
234          A licensee who is active duty military or is the spouse of an individual who is active
235     duty military may designate one of the following as the home state:
236          A. Home of record;
237          B. Permanent Change of Station (PCS); or
238          C. State of current residence if it is different than the PCS state or home of record.
240          A. A home state shall have exclusive power to impose adverse action against a license
241     issued by the home state.
242          B. A home state may take adverse action based on the investigative information of a
243     remote state, so long as the home state follows its own procedures for imposing adverse action.
244          C. Nothing in this Compact shall override a member state's decision that participation
245     in an alternative program may be used in lieu of adverse action and that such participation shall
246     remain non-public if required by the member state's laws. Member states must require licensees
247     who enter any alternative programs in lieu of discipline to agree not to practice in any other
248     member state during the term of the alternative program without prior authorization from such
249     other member state.
250          D. Any member state may investigate actual or alleged violations of the statutes and
251     rules authorizing the practice of physical therapy in any other member state in which a physical
252     therapist or physical therapist assistant holds a license or compact privilege.
253          E. A remote state shall have the authority to:

254          1. Take adverse actions as set forth in Section 4D against a licensee's compact privilege
255     in the state;
256          2. Issue subpoenas for both hearings and investigations that require the attendance and
257     testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy
258     licensing board in a party state for the attendance and testimony of witnesses, and/or the
259     production of evidence from another party state, shall be enforced in the latter state by any
260     court of competent jurisdiction, according to the practice and procedure of that court applicable
261     to subpoenas issued in proceedings pending before it. The issuing authority shall pay any
262     witness fees, travel expenses, mileage, and other fees required by the service statutes of the
263     state where the witnesses and/or evidence are located; and
264          3. If otherwise permitted by state law, recover from the licensee the costs of
265     investigations and disposition of cases resulting from any adverse action taken against that
266     licensee.
267          F. Joint Investigations
268          1. In addition to the authority granted to a member state by its respective physical
269     therapy practice act or other applicable state law, a member state may participate with other
270     member states in joint investigations of licensees.
271          2. Member states shall share any investigative, litigation, or compliance materials in
272     furtherance of any joint or individual investigation initiated under the Compact.
275          A. The Compact member states hereby create and establish a joint public agency known
276     as the Physical Therapy Compact Commission:
277          1. The Commission is an instrumentality of the Compact states.
278          2. Venue is proper and judicial proceedings by or against the Commission shall be
279     brought solely and exclusively in a court of competent jurisdiction where the principal office of
280     the Commission is located. The Commission may waive venue and jurisdictional defenses to
281     the extent it adopts or consents to participate in alternative dispute resolution proceedings.

282          3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
283          B. Membership, Voting, and Meetings
284          1. Each member state shall have and be limited to one (1) delegate selected by that
285     member state's licensing board.
286          2. The delegate shall be a current member of the licensing board, who is a physical
287     therapist, physical therapist assistant, public member, or the board administrator.
288          3. Any delegate may be removed or suspended from office as provided by the law of the
289     state from which the delegate is appointed.
290          4. The member state board shall fill any vacancy occurring in the Commission.
291          5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of
292     rules and creation of bylaws and shall otherwise have an opportunity to participate in the
293     business and affairs of the Commission.
294          6. A delegate shall vote in person or by such other means as provided in the bylaws.
295     The bylaws may provide for delegates' participation in meetings by telephone or other means of
296     communication.
297          7. The Commission shall meet at least once during each calendar year. Additional
298     meetings shall be held as set forth in the bylaws.
299          C. The Commission shall have the following powers and duties:
300          1. Establish the fiscal year of the Commission;
301          2. Establish bylaws;
302          3. Maintain its financial records in accordance with the bylaws;
303          4. Meet and take such actions as are consistent with the provisions of this Compact and
304     the bylaws;
305          5. Promulgate uniform rules to facilitate and coordinate implementation and
306     administration of this Compact. The rules shall have the force and effect of administrative rule
307     and shall be binding in all member states;
308          6. Bring and prosecute legal proceedings or actions in the name of the Commission,
309     provided that the standing of any state physical therapy licensing board to sue or be sued under

310     applicable law shall not be affected;
311          7. Purchase and maintain insurance and bonds;
312          8. Borrow, accept, or contract for services of personnel, including, but not limited to,
313     employees of a member state;
314          9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such
315     individuals appropriate authority to carry out the purposes of the Compact, and to establish the
316     Commission's personnel policies and programs relating to conflicts of interest, qualifications of
317     personnel, and other related personnel matters;
318          10. Accept any and all appropriate donations and grants of money, equipment, supplies,
319     materials and services, and to receive, utilize and dispose of the same; provided that at all times
320     the Commission shall avoid any appearance of impropriety and/or conflict of interest;
321          11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,
322     improve or use, any property, real, personal or mixed; provided that at all times the
323     Commission shall avoid any appearance of impropriety;
324          12. Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
325     any property real, personal, or mixed;
326          13. Establish a budget and make expenditures;
327          14. Borrow money;
328          15. Appoint committees, including standing committees composed of members, state
329     regulators, state legislators or their representatives, and consumer representatives, and such
330     other interested persons as may be designated in this Compact and the bylaws;
331          16. Provide and receive information from, and cooperate with, law enforcement
332     agencies;
333          17. Establish and elect an Executive Board; and
334          18. Perform such other functions as may be necessary or appropriate to achieve the
335     purposes of this Compact consistent with the state regulation of physical therapy licensure and
336     practice.
337          D. The Executive Board

338          The Executive Board shall have the power to act on behalf of the Commission
339     according to the terms of this Compact.
340          1. The Executive Board shall be composed of nine members:
341          a. Seven voting members who are elected by the Commission from the current
342     membership of the Commission;
343          b. One ex-officio, nonvoting member from the recognized national physical therapy
344     professional association; and
345          c. One ex-officio, nonvoting member from the recognized membership organization of
346     the physical therapy licensing boards.
347          2. The ex-officio members will be selected by their respective organizations.
348          3. The Commission may remove any member of the Executive Board as provided in
349     bylaws.
350          4. The Executive Board shall meet at least annually.
351          5. The Executive Board shall have the following Duties and responsibilities:
352          a. Recommend to the entire Commission changes to the rules or bylaws, changes to this
353     Compact legislation, fees paid by Compact member states such as annual dues, and any
354     commission Compact fee charged to licensees for the compact privilege;
355          b. Ensure Compact administration services are appropriately provided, contractual or
356     otherwise;
357          c. Prepare and recommend the budget;
358          d. Maintain financial records on behalf of the Commission;
359          e. Monitor Compact compliance of member states and provide compliance reports to
360     the Commission;
361          f. Establish additional committees as necessary; and
362          g. Other duties as provided in rules or bylaws.
363          E. Meetings of the Commission
364          1. All meetings shall be open to the public, and public notice of meetings shall be given
365     in the same manner as required under the rulemaking provisions in Section 9.

366          2. The Commission or the Executive Board or other committees of the Commission
367     may convene in a closed, non-public meeting if the Commission or Executive Board or other
368     committees of the Commission must discuss:
369          a. Non-compliance of a member state with its obligations under the Compact;
370          b. The employment, compensation, discipline or other matters, practices or procedures
371     related to specific employees or other matters related to the Commission's internal personnel
372     practices and procedures;
373          c. Current, threatened, or reasonably anticipated litigation;
374          d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
375     estate;
376          e. Accusing any person of a crime or formally censuring any person;
377          f. Disclosure of trade secrets or commercial or financial information that is privileged
378     or confidential;
379          g. Disclosure of information of a personal nature where disclosure would constitute a
380     clearly unwarranted invasion of personal privacy;
381          h. Disclosure of investigative records compiled for law enforcement purposes;
382          i. Disclosure of information related to any investigative reports prepared by or on behalf
383     of or for use of the Commission or other committee charged with responsibility of investigation
384     or determination of compliance issues pursuant to the Compact; or
385          j. Matters specifically exempted from disclosure by federal or member state statute.
386          3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
387     Commission's legal counsel or designee shall certify that the meeting may be closed and shall
388     reference each relevant exempting provision.
389          4. The Commission shall keep minutes that fully and clearly describe all matters
390     discussed in a meeting and shall provide a full and accurate summary of actions taken, and the
391     reasons therefore, including a description of the views expressed. All documents considered in
392     connection with an action shall be identified in such minutes. All minutes and documents of a
393     closed meeting shall remain under seal, subject to release by a majority vote of the Commission

394     or order of a court of competent jurisdiction.
395          F. Financing of the Commission
396          1. The Commission shall pay, or provide for the payment of, the reasonable expenses of
397     its establishment, organization, and ongoing activities.
398          2. The Commission may accept any and all appropriate revenue sources, donations, and
399     grants of money, equipment, supplies, materials, and services.
400          3. The Commission may levy on and collect an annual assessment from each member
401     state or impose fees on other parties to cover the cost of the operations and activities of the
402     Commission and its staff, which must be in a total amount sufficient to cover its annual budget
403     as approved each year for which revenue is not provided by other sources. The aggregate
404     annual assessment amount shall be allocated based upon a formula to be determined by the
405     Commission, which shall promulgate a rule binding upon all member states.
406          4. The Commission shall not incur obligations of any kind prior to securing the funds
407     adequate to meet the same; nor shall the Commission pledge the credit of any of the member
408     states, except by and with the authority of the member state.
409          5. The Commission shall keep accurate accounts of all receipts and disbursements. The
410     receipts and disbursements of the Commission shall be subject to the audit and accounting
411     procedures established under its bylaws. However, all receipts and disbursements of funds
412     handled by the Commission shall be audited yearly by a certified or licensed public accountant,
413     and the report of the audit shall be included in and become part of the annual report of the
414     Commission.
415          G. Qualified Immunity, Defense, and Indemnification
416          1. The members, officers, executive director, employees and representatives of the
417     Commission shall be immune from suit and liability, either personally or in their official
418     capacity, for any claim for damage to or loss of property or personal injury or other civil
419     liability caused by or arising out of any actual or alleged act, error or omission that occurred, or
420     that the person against whom the claim is made had a reasonable basis for believing occurred
421     within the scope of Commission employment, duties or responsibilities; provided that nothing

422     in this paragraph shall be construed to protect any such person from suit and/or liability for any
423     damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of
424     that person.
425          2. The Commission shall defend any member, officer, executive director, employee or
426     representative of the Commission in any civil action seeking to impose liability arising out of
427     any actual or alleged act, error, or omission that occurred within the scope of Commission
428     employment, duties, or responsibilities, or that the person against whom the claim is made had
429     a reasonable basis for believing occurred within the scope of Commission employment, duties,
430     or responsibilities; provided that nothing herein shall be construed to prohibit that person from
431     retaining his or her own counsel; and provided further, that the actual or alleged act, error, or
432     omission did not result from that person's intentional or willful or wanton misconduct.
433          3. The Commission shall indemnify and hold harmless any member, officer, executive
434     director, employee, or representative of the Commission for the amount of any settlement or
435     judgment obtained against that person arising out of any actual or alleged act, error or omission
436     that occurred within the scope of Commission employment, duties, or responsibilities, or that
437     such person had a reasonable basis for believing occurred within the scope of Commission
438     employment, duties, or responsibilities, provided that the actual or alleged act, error, or
439     omission did not result from the intentional or willful or wanton misconduct of that person.
440          SECTION 8. DATA SYSTEM
441          A. The Commission shall provide for the development, maintenance, and utilization of
442     a coordinated database and reporting system containing licensure, adverse action, and
443     investigative information on all licensed individuals in member states.
444          B. Notwithstanding any other provision of state law to the contrary, a member state
445     shall submit a uniform data set to the data system on all individuals to whom this Compact is
446     applicable as required by the rules of the Commission, including:
447          1. Identifying information;
448          2. Licensure data;
449          3. Adverse actions against a license or compact privilege;

450          4. Non-confidential information related to alternative program participation;
451          5. Any denial of application for licensure, and the reason(s) for such denial; and
452          6. Other information that may facilitate the administration of this Compact, as
453     determined by the rules of the Commission.
454          C. Investigative information pertaining to a licensee in any member state will only be
455     available to other party states.
456          D. The Commission shall promptly notify all member states of any adverse action taken
457     against a licensee or an individual applying for a license. Adverse action information pertaining
458     to a licensee in any member state will be available to any other member state.
459          E. Member states contributing information to the data system may designate
460     information that may not be shared with the public without the express permission of the
461     contributing state.
462          F. Any information submitted to the data system that is subsequently required to be
463     expunged by the laws of the member state contributing the information shall be removed from
464     the data system.
465          SECTION 9. RULEMAKING
466          A. The Commission shall exercise its rulemaking powers pursuant to the criteria set
467     forth in this Section and the rules adopted thereunder. Rules and amendments shall become
468     binding as of the date specified in each rule or amendment.
469          B. If a majority of the legislatures of the member states rejects a rule, by enactment of a
470     statute or resolution in the same manner used to adopt the Compact within 4 years of the date
471     of adoption of the rule, then such rule shall have no further force and effect in any member
472     state.
473          C. Rules or amendments to the rules shall be adopted at a regular or special meeting of
474     the Commission.
475          D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at
476     least thirty (30) days in advance of the meeting at which the rule will be considered and voted
477     upon, the Commission shall file a Notice of Proposed Rulemaking:

478          1. On the website of the Commission or other publicly accessible platform; and
479          2. On the website of each member state physical therapy licensing board or other
480     publicly accessible platform or the publication in which each state would otherwise publish
481     proposed rules.
482          E. The Notice of Proposed Rulemaking shall include:
483          1. The proposed time, date, and location of the meeting in which the rule will be
484     considered and voted upon;
485          2. The text of the proposed rule or amendment and the reason for the proposed rule;
486          3. A request for comments on the proposed rule from any interested person; and
487          4. The manner in which interested persons may submit notice to the Commission of
488     their intention to attend the public hearing and any written comments.
489          F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit
490     written data, facts, opinions, and arguments, which shall be made available to the public.
491          G. The Commission shall grant an opportunity for a public hearing before it adopts a
492     rule or amendment if a hearing is requested by:
493          1. At least twenty-five (25) persons;
494          2. A state or federal governmental subdivision or agency; or
495          3. An association having at least twenty-five (25) members.
496          H. If a hearing is held on the proposed rule or amendment, the Commission shall
497     publish the place, time, and date of the scheduled public hearing. If the hearing is held via
498     electronic means, the Commission shall publish the mechanism for access to the electronic
499     hearing.
500          1. All persons wishing to be heard at the hearing shall notify the executive director of
501     the Commission or other designated member in writing of their desire to appear and testify at
502     the hearing not less than five (5) business days before the scheduled date of the hearing.
503          2. Hearings shall be conducted in a manner providing each person who wishes to
504     comment a fair and reasonable opportunity to comment orally or in writing.
505          3. All hearings will be recorded. A copy of the recording will be made available on

506     request.
507          4. Nothing in this section shall be construed as requiring a separate hearing on each
508     rule. Rules may be grouped for the convenience of the Commission at hearings required by this
509     section.
510          I. Following the scheduled hearing date, or by the close of business on the scheduled
511     hearing date if the hearing was not held, the Commission shall consider all written and oral
512     comments received.
513          J. If no written notice of intent to attend the public hearing by interested parties is
514     received, the Commission may proceed with promulgation of the proposed rule without a
515     public hearing.
516          K. The Commission shall, by majority vote of all members, take final action on the
517     proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking
518     record and the full text of the rule.
519          L. Upon determination that an emergency exists, the Commission may consider and
520     adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided
521     that the usual rulemaking procedures provided in the Compact and in this section shall be
522     retroactively applied to the rule as soon as reasonably possible, in no event later than ninety
523     (90) days after the effective date of the rule. For the purposes of this provision, an emergency
524     rule is one that must be adopted immediately in order to:
525          1. Meet an imminent threat to public health, safety, or welfare;
526          2. Prevent a loss of Commission or member state funds;
527          3. Meet a deadline for the promulgation of an administrative rule that is established by
528     federal law or rule; or
529          4. Protect public health and safety.
530          M. The Commission or an authorized committee of the Commission may direct
531     revisions to a previously adopted rule or amendment for purposes of correcting typographical
532     errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
533     revisions shall be posted on the website of the Commission. The revision shall be subject to

534     challenge by any person for a period of thirty (30) days after posting. The revision may be
535     challenged only on grounds that the revision results in a material change to a rule. A challenge
536     shall be made in writing, and delivered to the chair of the Commission prior to the end of the
537     notice period. If no challenge is made, the revision will take effect without further action. If the
538     revision is challenged, the revision may not take effect without the approval of the
539     Commission.
541          A. Oversight
542          1. The executive, legislative, and judicial branches of state government in each member
543     state shall enforce this Compact and take all actions necessary and appropriate to effectuate the
544     Compact's purposes and intent.
545          2. All courts shall take judicial notice of the Compact and the rules in any judicial or
546     administrative proceeding in a member state pertaining to the subject matter of this Compact
547     which may affect the powers, responsibilities or actions of the Commission.
548          3. The Commission shall be entitled to receive service of process in any such
549     proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure
550     to provide service of process to the Commission shall render a judgment or order void as to the
551     Commission, this Compact, or promulgated rules.
552          B. Default, Technical Assistance, and Termination
553          1. If the Commission determines that a member state has defaulted in the performance
554     of its obligations or responsibilities under this Compact or the promulgated rules, the
555     Commission shall:
556          a. Provide written notice to the defaulting state and other member states of the nature of
557     the default, the proposed means of curing the default and/or any other action to be taken by the
558     Commission; and
559          b. Provide remedial training and specific technical assistance regarding the default.
560          2. If a state in default fails to cure the default, the defaulting state may be terminated
561     from the Compact upon an affirmative vote of a majority of the member states, and all rights,

562     privileges and benefits conferred by this Compact may be terminated on the effective date of
563     termination. A cure of the default does not relieve the offending state of obligations or
564     liabilities incurred during the period of default.
565          3. Termination of membership in the Compact shall be imposed only after all other
566     means of securing compliance have been exhausted. Notice of intent to suspend or terminate
567     shall be given by the Commission to the governor, the majority and minority leaders of the
568     defaulting state's Legislature, and each of the member states.
569          4. A state that has been terminated is responsible for all assessments, obligations, and
570     liabilities incurred through the effective date of termination, including obligations that extend
571     beyond the effective date of termination.
572          5. The Commission shall not bear any costs related to a state that is found to be in
573     default or that has been terminated from the Compact, unless agreed upon in writing between
574     the Commission and the defaulting state.
575          6. The defaulting state may appeal the action of the Commission by petitioning the U.S.
576     District Court for the District of Columbia or the federal district where the Commission has its
577     principal offices. The prevailing member shall be awarded all costs of such litigation, including
578     reasonable attorney's fees.
579          C. Dispute Resolution
580          1. Upon request by a member state, the Commission shall attempt to resolve disputes
581     related to the Compact that arise among member states and between member and non-member
582     states.
583          2. The Commission shall promulgate a rule providing for both mediation and binding
584     dispute resolution for disputes as appropriate.
585          D. Enforcement
586          1. The Commission, in the reasonable exercise of its discretion, shall enforce the
587     provisions and rules of this Compact.
588          2. By majority vote, the Commission may initiate legal action in the United States
589     District Court for the District of Columbia or the federal district where the Commission has its

590     principal offices against a member state in default to enforce compliance with the provisions of
591     the Compact and its promulgated rules and bylaws. The relief sought may include both
592     injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
593     member shall be awarded all costs of such litigation, including reasonable attorney's fees.
594          3. The remedies herein shall not be the exclusive remedies of the Commission. The
595     Commission may pursue any other remedies available under federal or state law.
599          A. The Compact shall come into effect on the date on which the Compact statute is
600     enacted into law in the tenth member state. The provisions, which become effective at that
601     time, shall be limited to the powers granted to the Commission relating to assembly and the
602     promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers
603     necessary to the implementation and administration of the Compact.
604          B. Any state that joins the Compact subsequent to the Commission's initial adoption of
605     the rules shall be subject to the rules as they exist on the date on which the Compact becomes
606     law in that state. Any rule that has been previously adopted by the Commission shall have the
607     full force and effect of administrative rule on the day the Compact becomes law in that state.
608          C. Any member state may withdraw from this Compact by enacting a statute repealing
609     the same.
610          1. A member state's withdrawal shall not take effect until six (6) months after
611     enactment of the repealing statute.
612          2. Withdrawal shall not affect the continuing requirement of the withdrawing state's
613     physical therapy licensing board to comply with the investigative and adverse action reporting
614     requirements of this act prior to the effective date of withdrawal.
615          D. Nothing contained in this Compact shall be construed to invalidate or prevent any
616     physical therapy licensure agreement or other cooperative arrangement between a member state
617     and a non-member state that does not conflict with the provisions of this Compact.

618          E. This Compact may be amended by the member states. No amendment to this
619     Compact shall become effective and binding upon any member state until it is enacted into the
620     laws of all member states.
622          This Compact shall be liberally construed so as to effectuate the purposes thereof. The
623     provisions of this Compact shall be severable and if any phrase, clause, sentence or provision
624     of this Compact is declared to be contrary to the constitution of any party state or of the United
625     States or the applicability thereof to any government, agency, person or circumstance is held
626     invalid, the validity of the remainder of this Compact and the applicability thereof to any
627     government, agency, person or circumstance shall not be affected thereby. If this Compact shall
628     be held contrary to the constitution of any party state, the Compact shall remain in full force
629     and effect as to the remaining party states and in full force and effect as to the party state
630     affected as to all severable matters.
631          Section 4. Section 58-24c-103 is enacted to read:
632          58-24c-103. Rulemaking authority.
633          The division may adopt rules necessary to implement the provisions of this chapter in
634     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
635          Section 5. Section 58-24c-104 is enacted to read:
636          58-24c-104. Physical therapy licensing board.
637          As used in the compact, with reference to this state, "physical therapy licensing board"
638     or "licensing board" means the physical therapy licensing board created in Section 58-24b-201.