AN ACT ESTABLISHING A PHYSICAL THERAPY LICENSURE COMPACT TO FACILITATE THE INTERSTATE PRACTICE OF PHYSICAL THERAPY AND EASING OCCUPATIONAL LICENSING BURDENS ON MILITARY FAMILIES. Enacted June 8, 2017. Sections 1 and 2 are effective October 1, 2017. Section 3 is effective July 1, 2017. The remainder is effective June 8, 2017, except as otherwise provided.
Summary date: Jun 8 2017 - More information
Summary date: May 18 2017 - More information
Senate committee substitute makes the following changes to the 3rd edition.
Amends the long title.
Adds new Section 3, amending GS 93B-15.1 (Licensure for individuals with military training and experience; proficiency examination; licensure by endorsement for military spouses; temporary license). Amends the requirements for occupational licensing boards to issue licenses, certifications, or registrations to military-trained applicants and military spouses to further require that the applicant have no pending complaints, and to delete the requirement that the applicant pay required fees to the occupational licensing board. Directs occupational licensing boards to issue temporary practice permits to military trained applicants or military spouses licensed, certified, or registered in another jurisdiction under the currently-described circumstances (was, authorizes, but does not direct, occupational licensing boards to issue the temporary practice permits). Makes the temporary permit valid for the later of one year or the required renewal date for the occupation the temporary practice permit was issued for or until a license, certification, or registration is granted. Prohibits occupational licensing boards from charging military-trained applicants or military spouses an initial application fee for a license, certification, registration, or temporary practice permit issued under this statute. Does not prohibit occupational licensing boards from charging the ordinary fee for a renewal application, or prohibit a third party from charging actual costs for services such as a background check.
Section 3 is effective July 1, 2017, and applies to applications submitted on or after that date.
Summary date: Feb 23 2017 - More information
House committee substitute makes the following changes to the 2nd edition.
Amends GS 90-270.121 by amending the definition of the term member state by adding that for purposes of new Article 18F, the State may designate the North Carolina Board of Physical Therapy Examiners as the entity responsible for carrying out any action required by or of a member state, including the imposition of fees or the payment of assessments.
Amends GS 90-270.124 by amending the places that an active duty military licensee or military spouse licensee may designate as the home state to clarify that one option is the state listed on the Permanent Change of Station order; also allows designating the duty station as the home state if it is different than the Permanent Change of Station state or home of record.
Summary date: Feb 15 2017 - More information
House committee substitute makes the following changes to the 1st edition.
Adds that the North Carolina Board of Physical Therapy Examiners must report to the Revisor of Statutes when the Physical Therapy Licensure Compact (enacted by this act) has been enacted by the tenth member state.
Summary date: Feb 7 2017 - More information
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.
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