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Subchapter 001: GENERAL PROVISIONS
§ 2081. Repealed. 1997, No. 40, § 27.
§ 2081a. Definitions
As used in this chapter:
(1) [Repealed.]
(2) “Disciplinary action” or “disciplinary cases” includes any action taken by the administrative
law officer appointed under 3 V.S.A. § 129(j) against a licensee or applicant premised upon a finding of wrongdoing or unprofessional
conduct by the licensee or applicant. It includes all sanctions of any kind, including
obtaining injunctions, suspending or revoking licenses, issuing conditions on practice,
warnings, and other similar sanctions.
(3) “Distance consultation” means the rendering of professional or expert opinion or advice
to a licensed physical therapist, including the review or transfer of patient records
or related information by means of audio, video, or data communications.
(4) “Physical therapist” means a person who has met all the conditions of this chapter
and is licensed for the practice of physical therapy in this State.
(5) “Physical therapist assistant” means a person who has met the conditions of this chapter
and is licensed to perform selected physical therapy interventions and related tasks
that have been assigned by the supervising physical therapist.
(6) “Physical therapy” means the care and services provided by or under the direction
and supervision of a physical therapist who is licensed pursuant to this chapter.
(7) “Physical therapy aide” means a person, trained under the direction of a physical
therapist, who performs designated and supervised routine physical therapy tasks.
(8) “Practice of physical therapy” means:
(A) examining, evaluating, and testing, in order to determine a plan of care inclusive
of appropriate therapeutic interventions and expected outcome and effect of the interventions
of individuals with:
(i) mechanical, physiological, and developmental impairments;
(ii) functional limitations in physical movement and mobility;
(iii) disabilities; and
(iv) other movement-related conditions;
(B) alleviating impairments and functional limitations in physical movement and mobility
and disabilities by developing, implementing, and modifying treatment interventions;
or
(C) reducing the risk of injury, impairment, functional limitation, and disability related
to physical movement and mobility, including the promotion and maintenance of fitness,
health, and wellness related to movement and function. (Added 1997, No. 40, § 25; amended 2005, No. 27, § 54; 2007, No. 141 (Adj. Sess.), § 3, eff. July 1, 2009; 2007, No. 163 (Adj. Sess.), § 14.)
§ 2082. Prohibition; offenses
(a) No person shall:
(1) practice or attempt to practice physical therapy or hold himself or herself out as
being able to do so in this State without first having obtained a license; or
(2) use in connection with the person’s name or business the words “physical therapy,”
“physical therapist,” “physical therapist assistant,” “physiotherapy,” “physiotherapist,”
the initials “PT,” “PTA,” “DPT,” or any letters, words, abbreviations, or insignia
indicating or implying that the person is a physical therapist or physical therapist
assistant unless the person is licensed in accordance with this chapter; or
(3) practice or attempt to practice physical therapy during license revocation or suspension.
(4) [Repealed.]
(b) A person violating any of the provisions of subsection (a) of this section shall be
subject to the penalties provided in 3 V.S.A. § 127(c).
(c) A physical therapist shall use the letters “PT” in connection with the physical therapist’s
name or place of business to denote licensure, and a physical therapist assistant
shall use the letters “PTA.” (Added 1981, No. 227 (Adj. Sess.), § 6; amended 2005, No. 27, § 55; 2005, No. 148 (Adj. Sess.), § 19; 2007, No. 163 (Adj. Sess.), § 15.)
§ 2083. Exemptions from licensure
The following persons shall be permitted to practice as a physical therapist or physical
therapist assistant in this State without obtaining a license under this chapter upon
the following conditions:
(1) students enrolled in accredited physical therapist or physical therapist assistant
educational programs, while engaged in completing a clinical requirement for graduation,
which must be performed under the supervision and direction of a licensed physical
therapist;
(2) physical therapists licensed in other jurisdictions while enrolled in this State in
postprofessional educational programs that include the evaluation and treatment of
patients as part of their experience required for credit, as long as the student’s
practice is limited to the scope of the educational program;
(3) physical therapists and physical therapist assistants employed in the U.S. Armed Services,
U.S. Public Health Service, U.S. Department of Veterans Affairs, or by another federal
agency;
(4) physical therapists or physical therapist assistants licensed or regulated in another
jurisdiction of the United States or credentialed to practice physical therapy in
another country if that person is teaching, demonstrating, or providing physical therapy
in connection with teaching or participating in an educational seminar of no more
than 60 days in a calendar year;
(5) a physical therapist who is licensed in another jurisdiction of the United States
if that person is providing distance consultation to a physical therapist licensed
pursuant to this chapter;
(6) a physical therapist or physical therapist assistant licensed in another jurisdiction
of the United States or credentialed in another country, if that person by contract
or employment is providing physical therapy to individuals affiliated with or employed
by an athletic team, an athletic organization, or a performing arts company temporarily
practicing, competing, or performing in the State for no more than 60 days in a calendar
year. (Added 1981, No. 227 (Adj. Sess.), § 6; amended 2005, No. 27, § 56; 2007, No. 163 (Adj. Sess.), § 16; 2019, No. 131 (Adj. Sess.), § 278.)
§ 2084. Construction
This chapter shall not be construed to limit or restrict in any manner the right of
a practitioner of another occupation that is regulated by this State from carrying
on in the usual manner any of the functions of his or her profession. (Added 1981, No. 227 (Adj. Sess.), § 6.)
§ 2085. Repealed. 2007, No. 141 (Adj. Sess.), § 3(b).
§ 2086. Patient care management
(a) A physical therapist shall be professionally responsible and legally liable for all
aspects of the physical therapy care of each of his or her patients. The Director
of the Office of Professional Regulation shall identify by rule physical therapy services
that only a physical therapist may perform. At a minimum, a physical therapist shall
provide:
(1) the initial examination and documentation for each of his or her patients;
(2) periodic reexamination and documentation of each of his or her patients;
(3) the documented discharge of the patient, including the response to therapeutic intervention
at the time of discharge.
(b) A physical therapist shall ensure the qualifications of all physical therapist assistants
and physical therapy aides under his or her direction or supervision.
(c) For each of his or her patients on each date of treatment, a physical therapist shall
provide all of the therapeutic intervention that requires the expertise of a physical
therapist and shall determine the use of physical therapist assistants or physical
therapy aides who provide for the delivery of care that is safe, effective, and efficient,
provided the assigned acts, tasks, or procedures do not exceed the person’s education
or training and provided:
(1) A physical therapist assistant shall work under a physical therapist’s supervision.
A physical therapist assistant may document care pursuant to the existing treatment
plan from the supervising physical therapist.
(2) A physical therapist may use physical therapy aides for designated routine tasks.
A physical therapy aide shall work under the on-site supervision of a physical therapist
who is continuously on site and present at the facility, who is immediately available
to assist the person being supervised in the services being performed, and who maintains
continued involvement in appropriate aspects of each treatment session in which a
component of treatment is assigned. This supervision by the physical therapist may
extend to off-site supervision of the aide only when the physical therapy aide is
accompanying and working directly with a physical therapist assistant with a specific
patient or when performing nonpatient-related tasks.
(d) A physical therapist’s responsibility for patient care management shall include accurate
documentation of and billing for the services provided.
(e) A physical therapist shall be responsible for communicating the status of a patient’s
progress and other relevant information to the patient’s referring health care professional
unless the patient declines to authorize release of the patient’s physical therapy
records. (Added 2007, No. 141 (Adj. Sess.), § 2, eff. July 1, 2009.)
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Subchapter 005: PHYSICAL THERAPY LICENSURE COMPACT
§ 2131. Physical Therapy Licensure Compact; adoption
This subchapter is the Vermont adoption of the Physical Therapy Licensure Compact.
The form, format, and text of the Compact have been conformed to the conventions of
the Vermont Statutes Annotated. It is the intent of the General Assembly that this
subchapter be interpreted as substantively the same as the Physical Therapy Licensure
Compact that is enacted by other Compact party states. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
§ 2132. Purpose
(a) The purpose of this Compact is to facilitate interstate practice of physical therapy
with the goal of improving public access to physical therapy services. The practice
of physical therapy occurs in the state where the patient/client is located at the
time of the patient/client encounter. The Compact preserves the regulatory authority
of states to protect public health and safety through the current system of state
licensure.
(b) This Compact is designed to achieve the following objectives:
(1) Increase public access to physical therapy services by providing for the mutual recognition
of other member state licenses;
(2) Enhance the states’ ability to protect the public’s health and safety;
(3) Encourage the cooperation of member states in regulating multi-state physical therapy
practice;
(4) Support spouses of relocating military members;
(5) Enhance the exchange of licensure, investigative, and disciplinary information between
member states; and
(6) Allow a remote state to hold a provider of services with a compact privilege in that
state accountable to that state’s practice standards. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
§ 2133. Definitions
As used in this Compact, and except as otherwise provided, the following definitions
shall apply:
(1) “Active Duty Military” means full-time duty status in the active uniformed service
of the United States, including members of the National Guard and Reserve on active
duty orders pursuant to 10 U.S.C. chapters 1209 and 1211.
(2) “Adverse Action” means disciplinary action taken by a physical therapy licensing board
based upon misconduct or unacceptable performance, or a combination of both.
(3) “Alternative Program” means a nondisciplinary monitoring or practice remediation process
approved by a physical therapy licensing board. This includes, but is not limited
to, substance abuse issues.
(4) “Compact privilege” means the authorization granted by a remote state to allow a licensee
from another member state to practice as a physical therapist or work as a physical
therapist assistant in the remote state under its laws and rules. The practice of
physical therapy occurs in the member state where the patient/client is located at
the time of the patient/client encounter.
(5) “Continuing competence” means a requirement, as a condition of license renewal, to
provide evidence of participation in, and/or completion of, educational and professional
activities relevant to practice or area of work.
(6) “Data system” means a repository of information about licensees, including examination,
licensure, investigative, compact privilege, and adverse action.
(7) “Encumbered license” means a license that a physical therapy licensing board has limited
in any way.
(8) “Executive Board” means a group of directors elected or appointed to act on behalf
of, and within the powers granted to them by, the Commission.
(9) “Home state” means the member state that is the licensee’s primary state of residence.
(10) “Investigative information” means information, records, and documents received or
generated by a physical therapy licensing board pursuant to an investigation.
(11) “Jurisprudence Requirement” means the assessment of an individual’s knowledge of the
laws and rules governing the practice of physical therapy in a state.
(12) “Licensee” means an individual who currently holds an authorization from the state
to practice as a physical therapist or to work as a physical therapist assistant.
(13) “Member state” means a state that has enacted the Compact.
(14) “Party state” means any member state in which a licensee holds a current license or
compact privilege or is applying for a license or compact privilege.
(15) “Physical therapist” means an individual who is licensed by a state to practice physical
therapy.
(16) “Physical therapist assistant” means an individual who is licensed/certified by a
state and who assists the physical therapist in selected components of physical therapy.
(17) “Physical therapy,” “physical therapy practice,” and “the practice of physical therapy”
mean the care and services provided by or under the direction and supervision of a
licensed physical therapist.
(18) “Physical Therapy Compact Commission” or “Commission” means the national administrative
body whose membership consists of all states that have enacted the Compact.
(19) “Physical therapy licensing board” or “licensing board” means the agency of a state
that is responsible for the licensing and regulation of physical therapists and physical
therapist assistants.
(20) “Remote State” means a member state other than the home state, where a licensee is
exercising or seeking to exercise the compact privilege.
(21) “Rule” means a regulation, principle, or directive promulgated by the Commission that
has the force of law.
(22) “State” means any state, commonwealth, district, or territory of the United States
of America that regulates the practice of physical therapy. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
§ 2134. State participation in the Compact
(a) To participate in the Compact, a state must:
(1) participate fully in the Commission’s data system, including using the Commission’s
unique identifier as defined in rules;
(2) have a mechanism in place for receiving and investigating complaints about licensees;
(3) notify the Commission, in compliance with the terms of the Compact and rules, of any
adverse action or the availability of investigative information regarding a licensee;
(4) fully implement a criminal background check requirement, within a time frame established
by rule, by receiving the results of the Federal Bureau of Investigation record search
on criminal background checks and use the results in making licensure decisions in
accordance with subsection (b) of this section;
(5) comply with the rules of the Commission;
(6) utilize a recognized national examination as a requirement for licensure pursuant
to the rules of the Commission; and
(7) have continuing competence requirements as a condition for license renewal.
(b) Upon adoption of this statute, the member state shall have the authority to obtain
biometric-based information from each physical therapy licensure applicant and submit
this information to the Federal Bureau of Investigation for a criminal background
check in accordance with 28 U.S.C. § 534 and 42 U.S.C. § 14616.
(c) A member state shall grant the compact privilege to a licensee holding a valid unencumbered
license in another member state in accordance with the terms of the Compact and rules.
(d) Member states may charge a fee for granting a compact privilege. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
§ 2135. Compact privilege
(a) To exercise the compact privilege under the terms and provisions of the Compact, the
licensee shall:
(1) hold a license in the home state;
(2) have no encumbrance on any state license;
(3) be eligible for a compact privilege in any member state in accordance with subsections
(d), (g), and (h) of this section;
(4) have not had any adverse action against any license or compact privilege within the
previous two years;
(5) notify the Commission that the licensee is seeking the compact privilege within a
remote state(s);
(6) pay any applicable fees, including any state fee, for the compact privilege;
(7) meet any jurisprudence requirements established by the remote state(s) in which the
licensee is seeking a compact privilege; and
(8) report to the Commission adverse action taken by any nonmember state within 30 days
from the date the adverse action is taken.
(b) The compact privilege is valid until the expiration date of the home license. The
licensee must comply with the requirements of subsection (a) of this section to maintain
the compact privilege in the remote state.
(c) A licensee providing physical therapy in a remote state under the compact privilege
shall function within the laws and regulations of the remote state.
(d) A licensee providing physical therapy in a remote state is subject to that state’s
regulatory authority. A remote state may, in accordance with due process and that
state’s laws, remove a licensee’s compact privilege in the remote state for a specific
period of time, impose fines, and/or take any other necessary actions to protect the
health and safety of its citizens. The licensee is not eligible for a compact privilege
in any state until the specific time for removal has passed and all fines are paid.
(e) If a home state license is encumbered, the licensee shall lose the compact privilege
in any remote state until the following occur:
(1) the home state license is no longer encumbered; and
(2) two years have elapsed from the date of the adverse action.
(f) Once an encumbered license in the home state is restored to good standing, the licensee
must meet the requirements of subsection (a) of this section to obtain a compact privilege
in any remote state.
(g) If a licensee’s compact privilege in any remote state is removed, the individual shall
lose the compact privilege in any remote state until the following occur:
(1) the specific period of time for which the compact privilege was removed has ended;
(2) all fines have been paid; and
(3) two years have elapsed from the date of the adverse action.
(h) Once the requirements of subsection (g) of this section have been met, the license
must meet the requirements in subsection (a) of this section to obtain a compact privilege
in a remote state. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
§ 2136. Active duty military personnel or their spouses
A licensee who is active duty military or is the spouse of an individual who is active
duty military may designate one of the following as the home state:
(1) home of record;
(2) permanent Change of Station (PCS); or
(3) state of current residence if it is different than the PCS state or home of record. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
§ 2137. Adverse actions
(a) A home state shall have exclusive power to impose adverse action against a license
issued by the home state.
(b) A home state may take adverse action based on the investigative information of a remote
state, provided the home state follows its own procedures for imposing adverse action.
(c) Nothing in this Compact shall override a member state’s decision that participation
in an alternative program may be used in lieu of adverse action and that such participation
shall remain nonpublic if required by the member state’s laws. Member states must
require licensees who enter any alternative programs in lieu of discipline to agree
not to practice in any other member state during the term of the alternative program
without prior authorization from such other member state.
(d) 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 compact privilege.
(e) A remote state shall have the authority to:
(1) Take adverse actions as set forth in subsection 2134(d) of this title against a licensee’s compact privilege in the state.
(2) Issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses, and the production of evidence. Subpoenas issued by a physical
therapy licensing board in a party state for the attendance and testimony of witnesses,
and/or the production of evidence from another party state, shall be enforced in the
latter state by any court of competent jurisdiction, according to the practice and
procedure of that court applicable to subpoenas issued in proceedings pending before
it. The issuing authority shall pay any witness fees, travel expenses, mileage, and
other fees required by the service statutes of the state where the witnesses and/or
evidence are located.
(3) If otherwise permitted by state law, recover from the licensee the costs of investigations
and disposition of cases resulting from any adverse action taken against that licensee.
(f) Joint Investigations.
(1) In addition to the authority granted to a member state by its respective physical
therapy practice act or other applicable state law, a member state may participate
with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the Compact. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
§ 2138. Establishment of the Physical Therapy Compact Commission
(a) The Compact member states hereby create and establish a joint public agency known
as the Physical Therapy Compact Commission.
(1) The Commission is an instrumentality of the Compact states.
(2) Venue is proper and judicial proceedings by or against the Commission shall be brought
solely and exclusively in a court of competent jurisdiction where the principal office
of the Commission is located. The Commission may waive venue and jurisdictional defenses
to the extent it adopts or consents to participate in alternative dispute resolution
proceedings.
(3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one delegate selected by that member
state’s licensing board.
(2) The delegate shall be a current member of the licensing board, who is a physical therapist,
physical therapist assistant, public member, or the board administrator.
(3) Any delegate may be removed or suspended from office as provided by the law of the
state from which the delegate is appointed.
(4) The member state board shall fill any vacancy occurring in the Commission.
(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules
and creation of bylaws and shall otherwise have an opportunity to participate in the
business and affairs of the Commission.
(6) A delegate shall vote in person or by such other means as provided in the bylaws.
The bylaws may provide for delegates’ participation in meetings by telephone or other
means of communication.
(7) The Commission shall meet at least once during each calendar year. Additional meetings
shall be held as set forth in the bylaws.
(c) The Commission shall have the following powers and duties:
(1) Establish the fiscal year of the Commission.
(2) Establish bylaws.
(3) Maintain its financial records in accordance with the bylaws.
(4) Meet and take such actions as are consistent with the provisions of this Compact and
the bylaws.
(5) Promulgate uniform rules to facilitate and coordinate implementation and administration
of this Compact. The rules shall have the force and effect of law and shall be binding
in all member states.
(6) 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 not be affected.
(7) Purchase and maintain insurance and bonds.
(8) Borrow, accept, or contract for services of personnel, including, but not limited
to, employees of a member state.
(9) Hire employees, elect or appoint officers, fix compensation, define duties, grant
such individuals appropriate authority to carry out the purposes of the Compact, and
to establish the Commission’s personnel policies and programs relating to conflicts
of interest, qualifications of personnel, and other related personnel matters.
(10) Accept any and all appropriate donations and grants of money, equipment, supplies,
materials, and services, and to receive, utilize, and dispose of the same, provided
that at all times the Commission shall avoid any appearance of impropriety and/or
conflict of interest.
(11) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,
improve or use, any property, real, personal or mixed, provided that at all times
the Commission shall avoid any appearance of impropriety.
(12) Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
property real, personal, or mixed.
(13) Establish a budget and make expenditures.
(14) Borrow money.
(15) Appoint committees, including standing committees composed of members, state regulators,
state legislators or their representatives, and consumer representatives, and such
other interested persons as may be designated in this Compact and the bylaws.
(16) Provide and receive information from, and cooperate with, law enforcement agencies.
(17) Establish and elect an Executive Board.
(18) Perform such other functions as may be necessary or appropriate to achieve the purposes
of this Compact consistent with the state regulation of physical therapy licensure
and practice.
(d) The Executive Board. The Executive Board shall have the power to act on behalf of
the Commission according to the terms of this Compact.
(1) The Executive Board shall be composed of nine members:
(A) seven voting members who are elected by the Commission from the current membership
of the Commission;
(B) one ex-officio, nonvoting member from the recognized national physical therapy professional
association; and
(C) one ex-officio, nonvoting member from the recognized membership organization of the
physical therapy licensing boards.
(2) The ex-officio members will be selected by their respective organizations.
(3) The Commission may remove any member of the Executive Board as provided in bylaws.
(4) The Executive Board shall meet at least annually.
(5) The Executive Board shall have the following Duties and responsibilities:
(A) recommend to the entire Commission changes to the rules or bylaws, changes to this
Compact legislation, fees paid by Compact member states such as annual dues, and any
commission Compact fee charged to licensees for the compact privilege;
(B) ensure Compact administration services are appropriately provided, contractual or
otherwise;
(C) prepare and recommend the budget;
(D) maintain financial records on behalf of the Commission;
(E) monitor Compact compliance of member states and provide compliance reports to the
Commission;
(F) establish additional committees as necessary; and
(G) other duties as provided in rules or bylaws.
(e) Meetings of the Commission.
(1) All meetings shall be open to the public, and public notice of meetings shall be given
in the same manner as required under the rulemaking provisions in section 2139 of this title.
(2) The Commission or the Executive Board or other committees of the Commission may convene
in a closed, nonpublic meeting if the Commission or Executive Board or other committees
of the Commission must discuss:
(A) noncompliance of a member state with its obligations under the Compact;
(B) the employment, compensation, discipline or other matters, practices or procedures
related to specific employees, or other matters related to the Commission’s internal
personnel practices and procedures;
(C) current, threatened, or reasonably anticipated litigation;
(D) negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
(E) accusing any person of a crime or formally censuring any person;
(F) disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
(G) disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
(H) disclosure of investigative records compiled for law enforcement purposes;
(I) disclosure of information related to any investigative reports prepared by or on behalf
of or for use of the Commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to the Compact; or
(J) matters specifically exempted from disclosure by federal or member state statute.
(3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s
legal counsel or designee shall certify that the meeting may be closed and shall reference
each relevant exempting provision.
(4) The Commission shall keep minutes that fully and 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. All documents considered
in connection with an action shall be identified in such minutes. All minutes and
documents of a closed meeting shall remain under seal, subject to release by a majority
vote of the Commission or order of a court of competent jurisdiction.
(f) Financing of the Commission.
(1) The Commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization, and ongoing activities.
(2) The Commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services.
(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. The aggregate annual assessment amount shall be allocated based upon a formula
to be determined by the Commission, which shall promulgate a rule binding upon all
member states.
(4) The Commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same, nor shall the Commission pledge the credit of any of the
member states, except by and with the authority of the member state.
(5) The Commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of
funds handled by the Commission shall be audited yearly by a certified or licensed
public accountant, and the report of the audit shall be included in and become part
of the annual report of the Commission.
(g) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees, and representatives of the Commission
shall be immune from suit and liability, either personally or in their official capacity,
for any claim for damage to or loss of property or personal injury or other civil
liability caused by or arising out of any actual or alleged act, error or omission
that occurred, 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, provided that nothing in this subdivision shall be construed to
protect any such person from suit and/or liability for any damage, loss, injury, or
liability caused by the intentional or willful or wanton misconduct of that person.
(2) The Commission shall defend any member, officer, 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, provided that nothing herein
shall be construed to prohibit that person from retaining the person’s own counsel,
and provided further, that the actual or alleged act, error, or omission did not result
from that person’s intentional or willful or wanton misconduct.
(3) The Commission shall indemnify and hold harmless any member, officer, executive director,
employee, or representative of the Commission for the amount of any settlement or
judgment obtained against that person arising out of any actual or alleged act, error,
or omission that occurred within the scope of Commission employment, duties, or responsibilities,
or that such person had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from the intentional or willful or
wanton misconduct of that person. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
§ 2139. Data system
(a) The Commission shall provide for the development, maintenance, and utilization of
a coordinated database and reporting system containing licensure, adverse action,
and investigative information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall
submit a uniform data set to the data system on all individuals to whom this Compact
is applicable as required by the rules of the Commission, including:
(1) identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege;
(4) nonconfidential information related to alternative program participation;
(5) any denial of application for licensure, and the reason(s) for such denial; and
(6) Other information that may facilitate the administration of this Compact, as determined
by the rules of the Commission.
(c) Investigative information pertaining to a licensee in any member state will only be
available to other party states.
(d) The Commission shall promptly notify all member states of any adverse action taken
against a licensee or an individual applying for a license. Adverse action information
pertaining to a licensee in any member state will be available to any other member
state.
(e) Member states contributing information to the data system may designate information
that may not be shared with the public without the express permission of the contributing
state.
(f) Any information submitted to the data system that is subsequently required to be expunged
by the laws of the member state contributing the information shall be removed from
the data system. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
§ 2140. Rulemaking
(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth
in this section and the rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment.
(b) If a majority of the legislatures of the member states reject a rule by enactment
of a statute or resolution in the same manner used to adopt the Compact within four
years of the date of adoption of the rule, then such rule shall have no further force
and effect in any member state.
(c) Rules or amendments to the rules shall be adopted at a regular or special meeting
of the Commission.
(d) Prior to promulgation and adoption of a final rule or rules by the Commission, and
at least 30 days in advance of the meeting at which the rule will be considered and
voted upon, the Commission shall file a Notice of Proposed Rulemaking:
(1) on the website of the Commission or other publicly accessible platform; and
(2) on the website 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.
(e) The Notice of Proposed Rulemaking shall include:
(1) the proposed time, date, and location of the meeting in which the rule will be considered
and voted upon;
(2) the text of the proposed rule or amendment and the reason for the proposed rule;
(3) a request for comments on the proposed rule from any interested person; and
(4) the manner in which interested persons may submit notice to the Commission of their
intention to attend the public hearing and any written comments.
(f) Prior to adoption of a proposed rule, the Commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the
public.
(g) The Commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment if a hearing is requested by:
(1) at least 25 persons;
(2) a state or federal governmental subdivision or agency; or
(3) an association having at least 25 members.
(h) If a hearing is held on the proposed rule or amendment, the Commission shall publish
the place, time, and date of the scheduled public hearing. If the hearing is held
via electronic means, the Commission shall publish the mechanism for access to the
electronic hearing.
(1) All persons wishing to be heard at the hearing shall 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.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment
a fair and reasonable opportunity to comment orally or in writing.
(3) All hearings will be recorded. A copy of the recording will be made available on request.
(4) Nothing in this section shall be construed as requiring a separate hearing on each
rule. Rules may be grouped for the convenience of the Commission at hearings required
by this section.
(i) Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the Commission shall consider all written
and oral comments received.
(j) If no written notice of intent to attend the public hearing by interested parties
is received, the Commission may proceed with promulgation of the proposed rule without
a public hearing.
(k) The Commission shall, by majority vote of all members, take final action on the proposed
rule and shall determine the effective date of the rule, if any, based on the rulemaking
record and the full text of the rule.
(l) Upon determination that an emergency exists, the Commission may consider and adopt
an emergency rule without prior notice, opportunity for comment, or hearing, provided
that the usual rulemaking procedures provided in the Compact and in this section shall
be retroactively applied to the rule as soon as reasonably possible, in no event later
than 90 days after the effective date of the rule. For the purposes of this provision,
an emergency rule is one that must be adopted immediately in order to:
(1) meet an imminent threat to public health, safety, or welfare;
(2) prevent a loss of Commission or member state funds;
(3) meet a deadline for the promulgation of an administrative rule that is established
by federal law or rule; or
(4) protect public health and safety.
(m) The Commission or an authorized committee of the Commission may direct revisions to
a previously adopted rule or amendment for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical errors. Public notice of any
revisions shall be posted on the website of the Commission. The revision shall be
subject to challenge by any person for a period of 30 days after posting. The revision
may be challenged only on grounds that the revision results in a material change to
a rule. A challenge shall be made in writing and delivered to the chair of the Commission
prior to the end of the notice period. If no challenge is made, the revision will
take effect without further action. If the revision is challenged, the revision may
not take effect without the approval of the Commission. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
§ 2141. Oversight, dispute resolution, and enforcement
(a) Oversight.
(1) The executive, legislative, and judicial branches of state government in each member
state shall enforce this Compact and take all actions necessary and appropriate to
effectuate the Compact’s purposes and intent. The provisions of this Compact and the
rules promulgated hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the Compact and the rules in any judicial
or administrative proceeding in a member state pertaining to the subject matter of
this Compact which may affect the powers, responsibilities or actions of the Commission.
(3) The Commission shall be entitled to receive service of process in any such proceeding,
and shall have standing to intervene in such a proceeding for all purposes. Failure
to provide service of process to the Commission shall render a judgment or order void
as to the Commission, this Compact, or promulgated rules.
(b) Default, technical assistance, and termination.
(1) If the Commission determines that a member state has defaulted in the performance
of its obligations or responsibilities under this Compact or the promulgated rules,
the Commission shall:
(A) provide written notice to the defaulting state and other member states of the nature
of the default, the proposed means of curing the default and/or any other action to
be taken by the Commission; and
(B) provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to cure the default, the defaulting state may be terminated
from the Compact upon an 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. A cure of the default does not relieve the offending
state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in the Compact shall be imposed only after all other means
of securing compliance have been exhausted. Notice of intent to suspend or terminate
shall be given by the Commission to the governor, the majority and minority leaders
of the defaulting state’s legislature, and each of the member states.
(4) A state that has been terminated is responsible for all assessments, obligations,
and liabilities incurred through the effective date of termination, including obligations
that extend beyond 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
between the Commission and the defaulting state.
(6) The defaulting state may appeal the action of the Commission by petitioning the U.S.
District Court for the District of Columbia or the federal district where the Commission
has its principal offices. The prevailing member shall be awarded all costs of such
litigation, including reasonable attorney’s fees.
(c) Dispute resolution.
(1) Upon request by a member state, the Commission shall attempt to resolve disputes related
to the Compact that arise among member states and between member and non-member states.
(2) The Commission shall promulgate a rule providing for both mediation and binding dispute
resolution for disputes as appropriate.
(d) Enforcement.
(1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions
and rules of this Compact.
(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
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 relief sought
may include both injunctive relief and damages. In the event judicial enforcement
is necessary, the prevailing member shall be awarded all costs of such litigation,
including reasonable attorney’s fees.
(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission
may pursue any other remedies available under federal or state law. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
§ 2142. Date of implementation of the Interstate Commission for physical therapy practice
and associated rules, withdrawal, and amendment
(a) The Compact shall come into effect on the date on which the Compact statute is enacted
into law in the tenth member state. The provisions, which become effective at that
time, shall be limited to the powers granted to the Commission relating to assembly
and the promulgation of rules. Thereafter, the Commission shall meet and exercise
rulemaking powers necessary to the implementation and administration of the Compact.
(b) Any state that joins the Compact subsequent to the Commission’s initial adoption of
the rules shall be subject to the rules as they exist on the date on which the Compact
becomes law in that state. Any rule that has been previously adopted by the Commission
shall have the full force and effect of law on the day the Compact becomes law in
that state.
(c) Any member state may withdraw from this Compact by enacting a statute repealing the
same.
(1) A member state’s withdrawal shall not take effect until six months after enactment
of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s
physical therapy licensing board to comply with the investigative and adverse action
reporting requirements of this act prior to the effective date of withdrawal.
(d) 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 nonmember state that does not conflict with the provisions of this Compact.
(e) This Compact may be amended by the member states. No amendment to this Compact shall
become effective and binding upon any member state until it is enacted into the laws
of all member states. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
§ 2143. Construction and severability
This Compact shall be liberally construed so as to effectuate the purposes thereof.
The provisions of this Compact shall be severable and if any phrase, clause, 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. If this Compact shall be held contrary to the constitution
of any party state, the Compact shall remain in full force and effect as to the remaining
party states and in full force and effect as to the party state affected as to all
severable matters. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
§ 2144. State administration of the Compact
(a) The Office of Professional Regulation shall have the power to oversee the administration
and enforcement of the Compact within the State of Vermont subject to the provisions
and rules of the Compact.
(b) The Director of the Office of Professional Regulation shall designate the one delegate
of the Compact for the State of Vermont pursuant to subsection 2138(b) of this subchapter. (Added 2023, No. 35, § 1, eff. July 1, 2024.)