SB 640 — An Act authorizing the Commonwealth of Pennsylvania to join the Physical Therapy Licensure Compact; and providing for the form of the compact.

PRIOR PRINTER'S NO.

771 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1345 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

WARD,WARD AND K.

WARD, DINNIMAN AND KILLION, MAY 10, 2019 SENATORREFERRED TOMLINSON,TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, ASMAY AMENDED,10, OCTOBER 30, 2019 AN ACT AuthorizingAutPhysical the Commonwealth of Pennsylvania to join the Physical Therapy Licensure Compact;

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"Alternative program" means a non-disciplinary monitoring 20190SB0640PN0771 - 2 - or practice remediation process approved by a physical therapy licensing board.

"Jurisprudence requirement" means the assessment of an 20190SB0640PN1345 - 3 - individual's knowledge of the laws and rules governing 20190SB0640PN0771 - 3 - the practice of physical therapy in a state.

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"Rule" means a regulation, principle, or directive 20190SB0640PN0771 - 4 - promulgated by the Commission that has the force of law.

Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from 20190SB0640PN1345 - 5 - each physical therapy licensure applicant and submit this 20190SB0640PN0771 - 5 - information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C.

The licensee must comply with the 20190SB0640PN1345 - 6 - requirements of Section 4A to maintain the compact privilege in 20190SB0640PN0771 - 6 - the remote state.

Two years have elapsed from the date of the adverse 20190SB0640PN1345 - 7 - action.

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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 20190SB0640PN1345 - 8 - compact privilege.

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Member states shall share any investigative, litigation, or compliance materials in furtherance of 20190SB0640PN1345 - 9 - any joint or individual investigation initiated under 20190SB0640PN0771 - 9 - the Compact.

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The member state board shall fill any vacancy 20190SB0640PN0771 - 10 - occurring in the Commission.

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 20190SB0640PN1345 - 11 - not be affected;

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Appoint committees, including standing committees comprising of members, state regulators, state 20190SB0640PN1345 - 12 - legislators or their representatives, and consumer 20190SB0640PN0771 - 12 - representatives, and such other interested persons as may be designated in this Compact and the bylaws;

The Executive Board shall have the following duties 20190SB0640PN1345 - 13 - and responsibilities:

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The employment, compensation, discipline or other matters, practices or procedures related to 20190SB0640PN1345 - 14 - specific employees or other matters related to the 20190SB0640PN0771 - 14 - Commission's internal personnel practices and procedures;

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The Commission shall keep minutes that fully and 20190SB0640PN0771 - 15 - 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.

The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the 20190SB0640PN1345 - 16 - same;

nor shall the Commission pledge the credit of 20190SB0640PN0771 - 16 - any of the member states, except by and with the authority of the member state.

The Commission shall defend any member, officer, executive director, employee or representative of the 20190SB0640PN1345 - 17 - Commission in any civil action seeking to impose 20190SB0640PN0771 - 17 - 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;

The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and 20190SB0640PN1345 - 18 - investigative information on all licensed individuals in member 20190SB0640PN0771 - 18 - states.

Any information submitted to the data system that is subsequently required to be expunged by the laws of the member 20190SB0640PN1345 - 19 - state contributing the information shall be removed from the 20190SB0640PN0771 - 19 - data system.

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A request for comments on the proposed rule from any 20190SB0640PN0771 - 20 - interested person;

Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in 20190SB0640PN1345 - 21 - writing.

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All courts shall take judicial notice of the Compact and the rules in any judicial or administrative 20190SB0640PN1345 - 23 - proceeding in a member state pertaining to the 20190SB0640PN0771 - 23 - subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission.

A cure of the default does not relieve the offending state of obligations 20190SB0640PN1345 - 24 - or liabilities incurred during the period of default.