HF 2425 — A bill for an act establishing a physical therapy licensure compact. (Formerly HF 2296.) Effective 7-1-18.

(b) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees orHouse otherFile matters2425, relatedp. to the commission’s internal personnel practices and procedures.

11 or other matters related to the commission’s internal personnel practices and procedures.

(g) Disclosure of information of a personal nature where LSBdisclosure 5668HVwould (1)constitute 87a -11-clearly ss/rhunwarranted 11/25invasion H.F.of personal privacy.

2425 disclosure would constitute a clearly unwarranted invasion of personal privacy.

(2)House TheFile commission2425, mayp. accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

(3)12 (2) The commission may levyaccept onany and collectall anappropriate annualrevenue assessmentsources, fromdonations, eachand membergrants state or impose fees on other parties to cover the cost of themoney, operationsequipment, andsupplies, activitiesmaterials, of the commission and itsservices. staff, which must be in a total LSB 5668HV (1) 87 -12- ss/rh 12/25 H.F.

2425(3) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources.

(2) The commission shall defend any member, officer, executiveHouse director,File employee,2425, orp. representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission LSB 5668HV (1) 87 -13- ss/rh 13/25 H.F.

242513 executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities;

(4) Nonconfidential information related to alternative LSBprogram 5668HVparticipation. (1) 87 -14- ss/rh 14/25 H.F.

2425House programFile participation.2425, p.

14 (5) Any denial of application for licensure, and the reason for such denial.

Prior to promulgation and adoption of a final rule or rules by the commission, and at least thirty days in advance LSBof 5668HVthe (1)meeting 87at -15-which ss/rhthe 15/25rule H.F.will be considered and voted upon, the commission shall file a notice of proposed rulemaking as follows:

2425 of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking as follows:

(2)House OnFile the2425, internetp. site of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

15 (2) On the internet site of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

(1) All persons wishing to be heard at the hearing shall LSBnotify 5668HVthe (1)executive 87director -16-of ss/rhthe 16/25commission H.F.or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.

2425 notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.

(4)House NothingFile in2425, thisp. section shall be construed as requiring a separate hearing on each rule.

16 (4) Nothing in this section shall be construed as requiring a separate hearing on each rule.

(1) Meet an imminent threat to public health, safety, or LSBwelfare. 5668HV (1) 87 -17- ss/rh 17/25 H.F.

2425 welfare.

The revision may be challenged only on grounds thatHouse theFile revision2425, resultsp. in a material change to a rule.

17 that the revision results in a material change to a rule.

(3) The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to LSBintervene 5668HVin (1)such 87a -18-proceeding ss/rhfor 18/25all H.F.purposes.

2425 intervene in such a proceeding for all purposes.

(2) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmativeHouse voteFile of2425, ap. majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination.

18 affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination.

(5) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact unless agreed upon in writing LSBbetween 5668HVthe (1)commission 87and -19-the ss/rhdefaulting 19/25state. H.F.

2425 between the commission and the defaulting state.

(2) By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has itsHouse principalFile offices2425, againstp. a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws.

19 its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws.

The compact shall come into effect on the date on LSBwhich 5668HVthe (1)compact 87statute -20-is ss/rhenacted 20/25into H.F.law in the tenth member state.

2425 which the compact statute is enacted into law in the tenth member state.

Nothing contained in this compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a nonmemberHouse stateFile that2425, doesp. not conflict with the provisions of this compact.

20 nonmember state that does not conflict with the provisions of this compact.

The provisions of this compact shall be severable, and if any phrase, clause, LSBsentence, 5668HVor (1)provision 87of -21-this ss/rhcompact 21/25is H.F.declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.

2425 sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.

EXPLANATION______________________________ the______________________________ explanation’sLINDA substanceUPMEYER byCHARLES SCHNEIDER Speaker of the membersHouse President of the generalSenate assembly.hI Thishereby certify that this bill adoptsoriginated in the interstateHouse physicaland therapyis licensureknown compact.as House File 2425, Eighty-seventh General Assembly.

The______________________________ compactCARMINE grantsBOAL IowaChief theClerk authorityof to obtain biometric information from applicants for physical therapy licensure and to submit such information to the federalHouse bureauApproved of_______________, investigation2018 for______________________________ aKIM criminalREYNOLDS backgroundGovernor check.

The compact instructs member states to grant the compact privilege to practice physical therapy to a person holding a valid license to practice physical therapy in another member state that is unencumbered, or not limited in any way.

A licensee seeking to exercise the compact privilege must not have an encumbered license to practice physical therapy in any state, must not have had any adverse action taken against any such license or compact privilege in the previous two years, must notify the physical therapy compact commission (commission) that the licensee is seeking the compact privilege, pass any tests regarding the rules of practicing physical therapy required by the state in which the licensee seeks to practice, and report to the commission any adverse action taken against the licensee by the physical therapy board of a nonmember state within 30 days.

A member state may charge a fee to a person applying for a compact privilege.

A LSB 5668HV (1) 87 -22- ss/rh 22/25 H.F.

2425 compact privilege remains valid until the licensee’s license to practice physical therapy expires or until the license becomes encumbered.

Under the compact, the state that granted a licensee’s license retains exclusive authority to discipline that license.

However, any member of the compact may investigate any actual or alleged violations of the statutes and rules governing the practice of physical therapy of another state.

A state that has granted a licensee a compact privilege may take disciplinary actions against that compact privilege.

Member states may also engage in joint investigations of licensees.

The compact establishes a commission, consisting of one delegate from each member state’s physical therapy licensing board, to promulgate rules and bylaws relating to the governing of the compact;

purchase, accept, borrow, and dispose of property and money;

appoint committees;

cooperate with law enforcement;

establish and elect an executive board;

and perform such other functions as may be necessary or appropriate to achieve the purposes of the compact.

Any rules promulgated by the commission shall be preceded by a notice at least 30 days before the meeting at which a rule will be considered and voted upon, as well as an opportunity to submit written comments, unless the commission determines that an emergency exists.

The commission shall grant an opportunity for a public hearing if such a hearing is requested by at least 25 persons, a state or federal governmental subdivision or agency, or an association having at least 25 members.

A rule adopted by the commission shall have no further effect in any member state if a majority of legislatures in member states adopt statutes rejecting the rule within four years of the date of adoption of the rule.

The commission may also levy annual assessments or other fees against member states or other parties to cover the costs of the operation of the commission.

Except for certain meetings relating to private or confidential information that LSB 5668HV (1) 87 -23- ss/rh 23/25 H.F.

2425 are certified to be subject to closure by the commission’s legal counsel, meetings of the committee shall be open to the public and preceded by public notice.

The members, officers, executive director, employees, and representatives of the commission are immune from suit for damages caused by or arising from actions taken within the scope of commission employment, provided that the immunity shall not extend to intentional, willful, or wanton misconduct.

The commission shall defend, indemnify, and hold harmless any member, officer, executive director, employee, or representative sued for actions taken within the scope of commission employment, unless the person intentionally, willfully, or wantonly committed misconduct.

The executive board shall consist of seven voting members, elected from among current members of the commission, and two nonvoting members, one each from the national physical therapy professional association and the membership organization of the physical therapy licensing boards.

The nonvoting members shall be selected by their respective organizations.

The executive board shall recommend to the commission changes to laws, rules, and bylaws governing the compact, ensure that administrative services are appropriately provided, prepare and recommend the budget, maintain financial records on behalf of the commission, monitor compliance of member states with the compact and provide compliance reports to the committee, establish committees, and perform other duties provided for in bylaws.

The compact instructs the commission to create a database and reporting system containing licensure, adverse action, and investigative information on all licensed persons in member states.

Investigative information pertaining to a licensee shall only be available to party states.

A member state contributing information to the system may designate that the information shall not be shared with the public without the express permission of the member state.

The commission shall notify all member states of any adverse action taken against a LSB 5668HV (1) 87 -24- ss/rh 24/25 H.F.

2425 licensee or an individual applying for a license.

The compact grants the commission the authority to receive service of process for and intervene in any judicial proceeding that may affect the powers, responsibilities, or actions of the commission.

A failure to provide such service renders a judgment void as to the commission, the compact, and any promulgated rules.

If the commission determines that a member state has defaulted in its duties or obligations under the compact or promulgated rules, it shall notify all member states as to the nature of the default, the proposed means of curing the default, and any other actions to be taken by the commission.

The commission shall also provide remedial training and technical assistance regarding the default.

If a member state fails to cure a default after all other means of securing compliance have been exhausted, the member state may be terminated from the compact upon an affirmative vote of a majority of member states.

A defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices.

The commission may also, following an affirmative vote of a majority of members, initiate legal action against a defaulting state in the United States district court for the District of Columbia or the federal district where the commission has its principal offices.

A member state may withdraw from the compact by enacting a statute repealing it.

Such a withdrawal shall not take effect until six months after the enactment of the statute.

Member states may amend the compact, but any such amendments are not effective or binding upon any member state until all member states enact the amendment into their laws.

LSB 5668HV (1) 87 -25- ss/rh 25/25