Bill Summary for H 57 (2017-2018)

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Summary date: 

Feb 7 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 57 (Public) Filed Tuesday, February 7, 2017
AN ACT ESTABLISHING A PHYSICAL THERAPY LICENSURE COMPACT TO FACILITATE THE INTERSTATE PRACTICE OF PHYSICAL THERAPY AND EASING OCCUPATIONAL LICENSING BURDENS ON MILITARY FAMILIES.
Intro. by Szoka, G. Martin, Grange.

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Bill summary

Recodifies Article 18B (Physical Therapy) of GS Chapter 90, GS 90-270.24 through GS 90-270.44, as Article 18E of GS Chapter 90, GS 90-270.90 through GS 90-270.110.

Enacts new Article 18F of GS Chapter 90, entitled Physical Therapy Licensure Compact (Compact). Establishes that the purpose of this Compact is to facilitate the interstate practice of physical therapy with the goal of improving public access to physical therapy services. Sets out objectives that are to be achieved by the Compact. Sets out definitions for terms used in the new Article.

Establishes seven requirements a state must meet to participate in the Compact. Grants a member state the authority to obtain biometric-based information from each physical therapy licensure applicant and submit the information to the FBI for a criminal background check. Requires a member state to grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact. Authorizes member states to charge a fee for granting a compact license. 

Sets out eight qualifications a licensee must meet to exercise the compact privilege under the terms and provisions of the Compact, including licensure in the home state. Sets further parameters for the compact privilege, including the expiration of the compact privilege, conditions for providing physical therapy in a remote state, and conditions for restoring encumbered licenses. Allows a licensee who is active duty military or is the spouse of an individual who is active duty military to designate 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.

Establishes that a home state has the exclusive power to impose adverse against against a license issued by the home state. Allows member states to participate in an alternative program in lieu of adverse action. Allows any member state to 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 assistant holds a license or compact privilege. Grants a remote state limited authority to take adverse actions, issue subpoenas, and recover costs of investigations and disposition of cases, as specified. Provides for joint investigations under the Compact.

Establishes the Physical Therapy Compact Commission (Commission) as a joint public agency of the Compact states. Sets out parameters for the Commission's membership, voting, meetings, and financing. Specifies 18 powers and duties of the Commission, including promulgating rules, prosecuting legal proceedings, and leasing, purchasing, selling, or conveying property. Establishes an Executive Board to act on behalf of the Commission, and sets out its membership, duties and responsibilities. Provides qualified immunity, defense, and indemnification for Commission members, officers, the executive director, employees and representatives of the Commission.

Requires the Commission to develop, maintain, and use a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. Requires member states to submit uniform data sets to the data system of all individuals to whom the Compact applies. Provides for the availability of certain information, as specified.

Grants the Commission rule-making authority, with an avenue for member states to reject a rule by majority. Requires notice of proposed rule making, a comment period, and an opportunity for a public hearing before the adoption of a final rule. Sets out provisions relating to emergency rules and revisions of previously adopted rules.

Requires the state government of member states to enforce the Compact, and all courts to take judicial notice of the Compact. Authorizes the Commission to take action against defaulting member states, including providing written notice of the default, providing remedial training and specific technical assistance, or terminating the member state from the Compact. Establishes a right of appeal for a defaulting state from the action of the Commission. Sets out provisions relating to dispute resolution and enforcement of the Compact.

Provides for the date of implementation of the Commission and associated rules, withdrawal and amendment. Includes a severability clause.

Effective October 1, 2017.