Florida Senate - 2023                                     SB 156
       
       
        
       By Senator Harrell
       
       
       
       
       
       31-00160-23                                            2023156__
    1                        A bill to be entitled                      
    2         An act relating to the Physical Therapy Licensure
    3         Compact; creating s. 486.112, F.S.; creating the
    4         Physical Therapy Licensure Compact; providing a
    5         purpose and objectives of the compact; defining terms;
    6         specifying requirements for state participation in the
    7         compact; authorizing member states to obtain
    8         biometric-based information from and conduct criminal
    9         background checks on licensees applying for a compact
   10         privilege; requiring member states to grant the
   11         compact privilege to licensees if they meet specified
   12         criteria; specifying criteria licensees must meet to
   13         exercise the compact privilege under the compact;
   14         providing for the expiration of the compact privilege;
   15         requiring licensees practicing in a remote state under
   16         the compact privilege to comply with the laws and
   17         rules of that state; subjecting licensees to the
   18         regulatory authority of remote states where they
   19         practice under the compact privilege; providing for
   20         disciplinary action; specifying circumstances under
   21         which licensees are ineligible for a compact
   22         privilege; specifying conditions that a licensee must
   23         meet to regain his or her compact privilege after an
   24         adverse action; specifying locations active duty
   25         military personnel and their spouses may use to
   26         designate their home state for purposes of the
   27         compact; providing that only a home state may impose
   28         adverse action against a license issued by that state;
   29         authorizing home states to take adverse action based
   30         on investigative information of a remote state,
   31         subject to certain requirements; directing member
   32         states that use alternative programs in lieu of
   33         discipline to require the licensee to agree not to
   34         practice in other member states while participating in
   35         the program, unless authorized by the member state;
   36         authorizing member states to investigate violations by
   37         licensees in other member states; authorizing member
   38         states to take adverse action against compact
   39         privileges issued in their respective states;
   40         providing for joint investigations of licensees under
   41         the compact; establishing the Physical Therapy Compact
   42         Commission; providing for the venue and jurisdiction
   43         for court proceedings by or against the commission;
   44         providing construction; providing for commission
   45         membership, voting, and meetings; authorizing the
   46         commission to convene closed, nonpublic meetings under
   47         certain circumstances; specifying duties and powers of
   48         the commission; providing for membership and duties of
   49         the executive board of the commission; providing for
   50         financing of the commission; providing for qualified
   51         immunity, defense, and indemnification of the
   52         commission; requiring the commission to develop and
   53         maintain a coordinated database and reporting system
   54         for certain information about licensees under the
   55         compact; requiring member states to submit specified
   56         information to the system; requiring that information
   57         contained in the system be available only to member
   58         states; requiring the commission to promptly notify
   59         all member states of reported adverse action taken
   60         against licensees or applicants for licensure;
   61         authorizing member states to designate reported
   62         information as exempt from public disclosure;
   63         providing for the removal of submitted information
   64         from the system under certain circumstances; providing
   65         for commission rulemaking; providing construction;
   66         providing for state enforcement of the compact;
   67         providing for the default and termination of compact
   68         membership; providing for appeals and costs; providing
   69         procedures for the resolution of certain disputes;
   70         providing for enforcement against a defaulting state;
   71         providing construction; providing for implementation
   72         and administration of the compact and associated
   73         rules; providing that compact states that join after
   74         initial adoption of the commission’s rules are subject
   75         to such rules; specifying procedures for compact
   76         states to withdraw from the compact; providing
   77         construction; providing for amendment of the compact;
   78         providing construction and severability; amending s.
   79         456.073, F.S.; requiring the Department of Health to
   80         report certain investigative information to the data
   81         system; amending s. 456.076, F.S.; requiring
   82         monitoring contracts for certain impaired
   83         practitioners participating in treatment programs to
   84         contain specified terms; amending s. 486.023, F.S.;
   85         requiring the Board of Physical Therapy Practice to
   86         appoint an individual to serve as the state’s delegate
   87         on the Physical Therapy Compact Commission; amending
   88         ss. 486.028, 486.031, 486.081, 486.102, and 486.107,
   89         F.S.; exempting physical therapists and physical
   90         therapist assistants from licensure requirements if
   91         they are practicing in this state pursuant to a
   92         compact privilege under the compact; amending s.
   93         486.125, F.S.; authorizing the board to take adverse
   94         action against the compact privilege of physical
   95         therapists and physical therapist assistants for
   96         specified prohibited acts; amending s. 768.28, F.S.;
   97         designating the state delegate and other members or
   98         employees of the commission as state agents for the
   99         purpose of applying sovereign immunity and waivers of
  100         sovereign immunity; requiring the commission to pay
  101         certain claims or judgments; authorizing the
  102         commission to maintain insurance coverage to pay such
  103         claims or judgments; amending ss. 486.025, 486.0715,
  104         and 486.1065, F.S.; conforming cross-references;
  105         providing an effective date.
  106          
  107  Be It Enacted by the Legislature of the State of Florida:
  108  
  109         Section 1. Section 486.112, Florida Statutes, is created to
  110  read:
  111         486.112 Physical Therapy Licensure Compact.—The Physical
  112  Therapy Licensure Compact is hereby enacted into law and entered
  113  into by this state with all other jurisdictions legally joining
  114  therein in the form substantially as follows:
  115  
  116                              ARTICLE I                            
  117                       PURPOSE AND OBJECTIVES                      
  118         (1)The purpose of the compact is to facilitate interstate
  119  practice of physical therapy with the goal of improving public
  120  access to physical therapy services. The compact preserves the
  121  regulatory authority of member states to protect public health
  122  and safety through their current systems of state licensure. For
  123  purposes of state regulation under the compact, the practice of
  124  physical therapy is deemed to have occurred in the state where
  125  the patient is located at the time physical therapy is provided
  126  to the patient.
  127         (2)The compact is designed to achieve all of the following
  128  objectives:
  129         (a)Increase public access to physical therapy services by
  130  providing for the mutual recognition of other member state
  131  licenses.
  132         (b)Enhance the states’ ability to protect the public’s
  133  health and safety.
  134         (c)Encourage the cooperation of member states in
  135  regulating multistate physical therapy practice.
  136         (d)Support spouses of relocating military members.
  137         (e)Enhance the exchange of licensure, investigative, and
  138  disciplinary information between member states.
  139         (f)Allow a remote state to hold a provider of services
  140  with a compact privilege in that state accountable to that
  141  state’s practice standards.
  142  
  143                             ARTICLE II                            
  144                             DEFINITIONS                           
  145         As used in the compact, and except as otherwise provided,
  146  the term:
  147         (1)“Active duty military” means full-time duty status in
  148  the active uniformed service of the United States, including
  149  members of the National Guard and Reserve on active duty orders
  150  pursuant to 10 U.S.C. chapter 1209 or chapter 1211.
  151         (2)“Adverse action” means disciplinary action taken by a
  152  physical therapy licensing board based upon misconduct,
  153  unacceptable performance, or a combination of both.
  154         (3)“Alternative program” means a nondisciplinary
  155  monitoring or practice remediation process approved by a state’s
  156  physical therapy licensing board. The term includes, but is not
  157  limited to, programs that address substance abuse issues.
  158         (4)“Compact privilege” means the authorization granted by
  159  a remote state to allow a licensee from another member state to
  160  practice as a physical therapist or physical therapist assistant
  161  in the remote state under its laws and rules.
  162         (5)“Continuing competence” means a requirement, as a
  163  condition of license renewal, to provide evidence of
  164  participation in, and completion of, educational and
  165  professional activities relevant to the practice of physical
  166  therapy.
  167         (6)Data system” means the coordinated database and
  168  reporting system created by the Physical Therapy Compact
  169  Commission for the exchange of information between member states
  170  relating to licensees or applicants under the compact, including
  171  identifying information, licensure data, investigative
  172  information, adverse actions, nonconfidential information
  173  related to alternative program participation, any denials of
  174  applications for licensure, and other information as specified
  175  by commission rule.
  176         (7)“Encumbered license” means a license that a physical
  177  therapy licensing board has limited in any way.
  178         (8)“Executive board” means a group of directors elected or
  179  appointed to act on behalf of, and within the powers granted to
  180  them by, the commission.
  181         (9)“Home state” means the member state that is the
  182  licensee’s primary state of residence.
  183         (10)“Investigative information” means information,
  184  records, and documents received or generated by a physical
  185  therapy licensing board pursuant to an investigation.
  186         (11)“Jurisprudence requirement” means the assessment of an
  187  individual’s knowledge of the laws and rules governing the
  188  practice of physical therapy in a specific state.
  189         (12)“Licensee” means an individual who currently holds an
  190  authorization from a state to practice as a physical therapist
  191  or physical therapist assistant.
  192         (13)“Member state” means a state that has enacted the
  193  compact.
  194         (14)“Physical therapist” means an individual licensed by a
  195  state to practice physical therapy.
  196         (15)“Physical therapist assistant” means an individual
  197  licensed by a state to assist a physical therapist in specified
  198  areas of physical therapy.
  199         (16)“Physical therapyor “the practice of physical
  200  therapy” means the care and services provided by or under the
  201  direction and supervision of a licensed physical therapist.
  202         (17)“Physical Therapy Compact Commission” or “commission”
  203  means the national administrative body whose membership consists
  204  of all states that have enacted the compact.
  205         (18)“Physical therapy licensing board” means the agency of
  206  a state which is responsible for the licensing and regulation of
  207  physical therapists and physical therapist assistants.
  208         (19)“Remote state” means a member state other than the
  209  home state where a licensee is exercising or seeking to exercise
  210  the compact privilege.
  211         (20)“Rule” means a regulation, principle, or directive
  212  adopted by the commission which has the force of law.
  213         (21)“State” means any state, commonwealth, district, or
  214  territory of the United States of America which regulates the
  215  practice of physical therapy.
  216  
  217                             ARTICLE III                           
  218                 STATE PARTICIPATION IN THE COMPACT                
  219         (1)To participate in the compact, a state must do all of
  220  the following:
  221         (a)Participate fully in the commission’s data system,
  222  including using the commission’s unique identifier, as defined
  223  by commission rule.
  224         (b)Have a mechanism in place for receiving and
  225  investigating complaints about licensees.
  226         (c)Notify the commission, in accordance with the terms of
  227  the compact and rules, of any adverse action or the availability
  228  of investigative information regarding a licensee.
  229         (d)Fully implement a criminal background check
  230  requirement, within a timeframe established by commission rule,
  231  which uses results from the Federal Bureau of Investigation
  232  record search on criminal background checks to make licensure
  233  decisions in accordance with subsection (2).
  234         (e)Comply with the commission’s rules.
  235         (f)Use a recognized national examination as a requirement
  236  for licensure pursuant to the commission’s rules.
  237         (g)Have continuing competence requirements as a condition
  238  for license renewal.
  239         (2)Upon adoption of the compact, a member state has the
  240  authority to obtain biometric-based information from each
  241  licensee applying for a compact privilege and submit this
  242  information to the Federal Bureau of Investigation for a
  243  criminal background check in accordance with 28 U.S.C. s. 534
  244  and 34 U.S.C. s. 40316.
  245         (3)A member state must grant the compact privilege to a
  246  licensee holding a valid unencumbered license in another member
  247  state in accordance with the terms of the compact and rules.
  248  
  249                             ARTICLE IV                            
  250                          COMPACT PRIVILEGE                        
  251         (1)To exercise the compact privilege under the compact, a
  252  licensee must satisfy all of the following conditions:
  253         (a)Hold a license in the home state.
  254         (b)Not have an encumbrance on any state license.
  255         (c)Be eligible for a compact privilege in all member
  256  states in accordance with subsections (4), (7), and (8).
  257         (d)Not have had an adverse action against any license or
  258  compact privilege within the preceding 2 years.
  259         (e)Notify the commission that the licensee is seeking the
  260  compact privilege within a remote state.
  261         (f)Meet any jurisprudence requirements established by the
  262  remote state in which the licensee is seeking a compact
  263  privilege.
  264         (g)Report to the commission adverse action taken by any
  265  nonmember state within 30 days after the date the adverse action
  266  is taken.
  267         (2)The compact privilege is valid until the expiration
  268  date of the home license. The licensee must continue to meet the
  269  requirements of subsection (1) to maintain the compact privilege
  270  in a remote state.
  271         (3)A licensee providing physical therapy in a remote state
  272  under the compact privilege must comply with the laws and rules
  273  of the remote state.
  274         (4)A licensee providing physical therapy in a remote state
  275  is subject to that state’s regulatory authority. A remote state
  276  may, in accordance with due process and that state’s laws,
  277  remove a licensee’s compact privilege in the remote state for a
  278  specific period of time, impose fines, and take any other
  279  necessary actions to protect the health and safety of its
  280  citizens. The licensee is not eligible for a compact privilege
  281  in any member state until the specific period of time for
  282  removal has ended and all fines are paid.
  283         (5)If a home state license is encumbered, the licensee
  284  loses the compact privilege in any remote state until the
  285  following conditions are met:
  286         (a)The home state license is no longer encumbered.
  287         (b)Two years have elapsed from the date of the adverse
  288  action.
  289         (6)Once an encumbered license in the home state is
  290  restored to good standing, the licensee must meet the
  291  requirements of subsection (1) to obtain a compact privilege in
  292  any remote state.
  293         (7)If a licensee’s compact privilege in any remote state
  294  is removed, the licensee loses the compact privilege in all
  295  remote states until all of the following conditions are met:
  296         (a)The specific period of time for which the compact
  297  privilege was removed has ended.
  298         (b)All fines have been paid.
  299         (c)Two years have elapsed from the date of the adverse
  300  action.
  301         (8)Once the requirements of subsection (7) have been met,
  302  the licensee must meet the requirements of subsection (1) to
  303  obtain a compact privilege in a remote state.
  304  
  305                              ARTICLE V                            
  306          ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES         
  307         A licensee who is active duty military or is the spouse of
  308  an individual who is active duty military may choose any of the
  309  following locations to designate his or her home state:
  310         (1)Home of record.
  311         (2)Permanent change of station location.
  312         (3)State of current residence, if it is different from the
  313  home of record or permanent change of station location.
  314  
  315                             ARTICLE VI                            
  316                           ADVERSE ACTIONS                         
  317         (1)A home state has exclusive power to impose adverse
  318  action against a license issued by the home state.
  319         (2)A home state may take adverse action based on the
  320  investigative information of a remote state, so long as the home
  321  state follows its own procedures for imposing adverse action.
  322         (3)The compact does not override a member state’s decision
  323  that participation in an alternative program may be used in lieu
  324  of adverse action and that such participation remain nonpublic
  325  if required by the member state’s laws. Member states must
  326  require licensees who enter any alternative programs in lieu of
  327  discipline to agree not to practice in any other member state
  328  during the term of the alternative program without prior
  329  authorization from such other member state.
  330         (4)A member state may investigate actual or alleged
  331  violations of the laws and rules for the practice of physical
  332  therapy committed in any other member state by a physical
  333  therapist or physical therapist assistant practicing under the
  334  compact who holds a license or compact privilege in such other
  335  member state.
  336         (5)A remote state may do any of the following:
  337         (a)Take adverse actions as set forth in subsection (4) of
  338  article IV against a licensee’s compact privilege in the state.
  339         (b)Issue subpoenas for both hearings and investigations
  340  which require the attendance and testimony of witnesses and the
  341  production of evidence. Subpoenas issued by a physical therapy
  342  licensing board in a member state for the attendance and
  343  testimony of witnesses or for the production of evidence from
  344  another member state must be enforced in the latter state by any
  345  court of competent jurisdiction, according to the practice and
  346  procedure of that court applicable to subpoenas issued in
  347  proceedings pending before it. The issuing authority shall pay
  348  any witness fees, travel expenses, mileage, and other fees
  349  required by the service laws of the state where the witnesses or
  350  evidence is located.
  351         (c)If otherwise permitted by state law, recover from the
  352  licensee the costs of investigations and disposition of cases
  353  resulting from any adverse action taken against that licensee.
  354         (6)(a)In addition to the authority granted to a member
  355  state by its respective physical therapy practice act or other
  356  applicable state law, a member state may participate with other
  357  member states in joint investigations of licensees.
  358         (b)Member states shall share any investigative,
  359  litigation, or compliance materials in furtherance of any joint
  360  or individual investigation initiated under the compact.
  361  
  362                             ARTICLE VII                           
  363      ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION     
  364         (1)COMMISSION CREATED.—The member states hereby create and
  365  establish a joint public agency known as the Physical Therapy
  366  Compact Commission:
  367         (a)The commission is an instrumentality of the member
  368  states.
  369         (b)Venue is proper, and judicial proceedings by or against
  370  the commission shall be brought solely and exclusively in a
  371  court of competent jurisdiction where the principal office of
  372  the commission is located. The commission may waive venue and
  373  jurisdictional defenses to the extent it adopts or consents to
  374  participate in alternative dispute resolution proceedings.
  375         (c)The compact may not be construed to be a waiver of
  376  sovereign immunity.
  377         (2)MEMBERSHIP, VOTING, AND MEETINGS.—
  378         (a)Each member state has and is limited to one delegate
  379  selected by that member state’s physical therapy licensing board
  380  to serve on the commission. The delegate must be a current
  381  member of the physical therapy licensing board who is a physical
  382  therapist, a physical therapist assistant, a public member, or
  383  the board administrator.
  384         (b)A delegate may be removed or suspended from office as
  385  provided by the law of the state from which the delegate is
  386  appointed. Any vacancy occurring on the commission must be
  387  filled by the physical therapy licensing board of the member
  388  state for which the vacancy exists.
  389         (c)Each delegate is entitled to one vote with regard to
  390  the adoption of rules and bylaws and shall otherwise have an
  391  opportunity to participate in the business and affairs of the
  392  commission.
  393         (d)A delegate shall vote in person or by such other means
  394  as provided in the bylaws. The bylaws may provide for delegates’
  395  participation in meetings by telephone or other means of
  396  communication.
  397         (e)The commission shall meet at least once during each
  398  calendar year. Additional meetings may be held as set forth in
  399  the bylaws.
  400         (f)All meetings must be open to the public, and public
  401  notice of meetings must be given in the same manner as required
  402  under the rulemaking provisions in article IX.
  403         (g)The commission or the executive board or other
  404  committees of the commission may convene in a closed, nonpublic
  405  meeting if the commission or executive board or other committees
  406  of the commission must discuss any of the following:
  407         1.Noncompliance of a member state with its obligations
  408  under the compact.
  409         2.The employment, compensation, or discipline of, or other
  410  matters, practices, or procedures related to, specific employees
  411  or other matters related to the commission’s internal personnel
  412  practices and procedures.
  413         3.Current, threatened, or reasonably anticipated
  414  litigation against the commission, executive board, or other
  415  committees of the commission.
  416         4.Negotiation of contracts for the purchase, lease, or
  417  sale of goods, services, or real estate.
  418         5.An accusation of any person of a crime or a formal
  419  censure of any person.
  420         6.Information disclosing trade secrets or commercial or
  421  financial information that is privileged or confidential.
  422         7.Information of a personal nature where disclosure would
  423  constitute a clearly unwarranted invasion of personal privacy.
  424         8.Investigatory records compiled for law enforcement
  425  purposes.
  426         9.Information related to any investigative reports
  427  prepared by or on behalf of or for use of the commission or
  428  other committee charged with responsibility for investigation or
  429  determination of compliance issues pursuant to the compact.
  430         10.Matters specifically exempted from disclosure by
  431  federal or member state statute.
  432         (h)If a meeting, or portion of a meeting, is closed
  433  pursuant to this subsection, the commission’s legal counsel or
  434  designee must certify that the meeting may be closed and must
  435  reference each relevant exempting provision.
  436         (i)The commission shall keep minutes that fully and
  437  clearly describe all matters discussed in a meeting and shall
  438  provide a full and accurate summary of actions taken and the
  439  reasons therefor, including a description of the views
  440  expressed. All documents considered in connection with an action
  441  must be identified in the minutes. All minutes and documents of
  442  a closed meeting must remain under seal, subject to release only
  443  by a majority vote of the commission or order of a court of
  444  competent jurisdiction.
  445         (3)DUTIES.—The commission shall do all of the following:
  446         (a)Establish the fiscal year of the commission.
  447         (b)Establish bylaws.
  448         (c)Maintain its financial records in accordance with the
  449  bylaws.
  450         (d)Meet and take such actions as are consistent with the
  451  provisions of the compact and the bylaws.
  452         (4)POWERS.—The commission may do any of the following:
  453         (a)Adopt uniform rules to facilitate and coordinate
  454  implementation and administration of the compact. The rules have
  455  the force and effect of law and are binding in all member
  456  states.
  457         (b)Bring and prosecute legal proceedings or actions in the
  458  name of the commission, provided that the standing of any state
  459  physical therapy licensing board to sue or be sued under
  460  applicable law is not affected.
  461         (c)Purchase and maintain insurance and bonds.
  462         (d)Borrow, accept, or contract for services of personnel,
  463  including, but not limited to, employees of a member state.
  464         (e)Hire employees and elect or appoint officers; fix
  465  compensation of, define duties of, and grant appropriate
  466  authority to such individuals to carry out the purposes of the
  467  compact; and establish the commission’s personnel policies and
  468  programs relating to conflicts of interest, qualifications of
  469  personnel, and other related personnel matters.
  470         (f)Accept any appropriate donations and grants of money,
  471  equipment, supplies, materials, and services and receive, use,
  472  and dispose of the same, provided that at all times the
  473  commission avoids any appearance of impropriety or conflict of
  474  interest.
  475         (g)Lease, purchase, accept appropriate gifts or donations
  476  of, or otherwise own, hold, improve, or use any property, real,
  477  personal, or mixed, provided that at all times the commission
  478  avoids any appearance of impropriety or conflict of interest.
  479         (h)Sell, convey, mortgage, pledge, lease, exchange,
  480  abandon, or otherwise dispose of any property, real, personal,
  481  or mixed.
  482         (i)Establish a budget and make expenditures.
  483         (j)Borrow money.
  484         (k)Appoint committees, including standing committees
  485  composed of members, state regulators, state legislators or
  486  their representatives, and consumer representatives, and such
  487  other interested persons as may be designated in the compact and
  488  the bylaws.
  489         (l)Provide information to, receive information from, and
  490  cooperate with law enforcement agencies.
  491         (m)Establish and elect an executive board.
  492         (n)Perform such other functions as may be necessary or
  493  appropriate to achieve the purposes of the compact consistent
  494  with the state regulation of physical therapy licensure and
  495  practice.
  496         (5)THE EXECUTIVE BOARD.—
  497         (a)The executive board may act on behalf of the commission
  498  according to the terms of the compact.
  499         (b)The executive board shall consist of the following nine
  500  members:
  501         1.Seven voting members who are elected by the commission
  502  from the current membership of the commission.
  503         2.One ex-officio, nonvoting member from the recognized
  504  national physical therapy professional association.
  505         3.One ex-officio, nonvoting member from the recognized
  506  membership organization of the physical therapy licensing
  507  boards.
  508         (c)The ex-officio members shall be selected by their
  509  respective organizations.
  510         (d)The commission may remove any member of the executive
  511  board as provided in its bylaws.
  512         (e)The executive board shall meet at least annually.
  513         (f)The executive board shall do all of the following:
  514         1.Recommend to the entire commission changes to the rules
  515  or bylaws, compact legislation, fees paid by compact member
  516  states, such as annual dues, and any commission compact fee
  517  charged to licensees for the compact privilege.
  518         2.Ensure compact administration services are appropriately
  519  provided, contractually or otherwise.
  520         3.Prepare and recommend the budget.
  521         4.Maintain financial records on behalf of the commission.
  522         5.Monitor compact compliance of member states and provide
  523  compliance reports to the commission.
  524         6.Establish additional committees as necessary.
  525         7.Perform other duties as provided in the rules or bylaws.
  526         (6)FINANCING OF THE COMMISSION.—
  527         (a)The commission shall pay, or provide for the payment
  528  of, the reasonable expenses of its establishment, organization,
  529  and ongoing activities.
  530         (b)The commission may accept any appropriate revenue
  531  sources, donations, and grants of money, equipment, supplies,
  532  materials, and services.
  533         (c)The commission may levy and collect an annual
  534  assessment from each member state or impose fees on other
  535  parties to cover the cost of the operations and activities of
  536  the commission and its staff. Such assessments and fees must be
  537  in a total amount sufficient to cover its annual budget as
  538  approved each year for which revenue is not provided by other
  539  sources. The aggregate annual assessment amount must be
  540  allocated based upon a formula to be determined by the
  541  commission, which shall adopt a rule binding upon all member
  542  states.
  543         (d)The commission may not incur obligations of any kind
  544  before securing the funds adequate to meet such obligations; nor
  545  may the commission pledge the credit of any of the member
  546  states, except by and with the authority of the member state.
  547         (e)The commission shall keep accurate accounts of all
  548  receipts and disbursements. The receipts and disbursements of
  549  the commission are subject to the audit and accounting
  550  procedures established under its bylaws. However, all receipts
  551  and disbursements of funds handled by the commission must be
  552  audited yearly by a certified or licensed public accountant, and
  553  the report of the audit must be included in and become part of
  554  the annual report of the commission.
  555         (7)QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.—
  556         (a)The members, officers, executive director, employees,
  557  and representatives of the commission are immune from suit and
  558  liability, either personally or in their official capacity, for
  559  any claim for damage to or loss of property or personal injury
  560  or other civil liability caused by or arising out of any actual
  561  or alleged act, error, or omission that occurred, or that the
  562  person against whom the claim is made had a reasonable basis for
  563  believing occurred, within the scope of commission employment,
  564  duties, or responsibilities. However, this paragraph may not be
  565  construed to protect any such person from suit or liability for
  566  any damage, loss, injury, or liability caused by the
  567  intentional, willful, or wanton misconduct of that person.
  568         (b)The commission shall defend any member, officer,
  569  executive director, employee, or representative of the
  570  commission in any civil action seeking to impose liability
  571  arising out of any actual or alleged act, error, or omission
  572  that occurred within the scope of commission employment, duties,
  573  or responsibilities, or that the person against whom the claim
  574  is made had a reasonable basis for believing occurred within the
  575  scope of commission employment, duties, or responsibilities.
  576  However, this subsection may not be construed to prohibit any
  577  member, officer, executive director, employee, or representative
  578  of the commission from retaining his or her own counsel or to
  579  require the commission to defend such person if the actual or
  580  alleged act, error, or omission resulted from that person’s
  581  intentional, willful, or wanton misconduct.
  582         (c)The commission shall indemnify and hold harmless any
  583  member, officer, executive director, employee, or representative
  584  of the commission for the amount of any settlement or judgment
  585  obtained against that person arising out of any actual or
  586  alleged act, error, or omission that occurred within the scope
  587  of commission employment, duties, or responsibilities, or that
  588  such person had a reasonable basis for believing occurred within
  589  the scope of commission employment, duties, or responsibilities,
  590  provided that the actual or alleged act, error, or omission did
  591  not result from the intentional, willful, or wanton misconduct
  592  of that person.
  593  
  594                            ARTICLE VIII                           
  595                             DATA SYSTEM                           
  596         (1)The commission shall provide for the development,
  597  maintenance, and use of a coordinated database and reporting
  598  system containing licensure, adverse action, and investigative
  599  information on all licensees in member states.
  600         (2)Notwithstanding any other provision of state law to the
  601  contrary, a member state shall submit a uniform data set to the
  602  data system on all individuals to whom the compact is applicable
  603  as required by the rules of the commission, including all of the
  604  following:
  605         (a)Identifying information.
  606         (b)Licensure data.
  607         (c)Investigative information.
  608         (d)Adverse actions against a license or compact privilege.
  609         (e)Nonconfidential information related to alternative
  610  program participation.
  611         (f)Any denial of application for licensure and the reason
  612  for such denial.
  613         (g)Other information that may facilitate the
  614  administration of the compact, as determined by the rules of the
  615  commission.
  616         (3)Investigative information in the system pertaining to a
  617  licensee in any member state must be available only to other
  618  member states.
  619         (4)The commission shall promptly notify all member states
  620  of any adverse action taken against a licensee or an individual
  621  applying for a license in a member state. Adverse action
  622  information pertaining to a licensee in any member state must be
  623  available to all other member states.
  624         (5)Member states contributing information to the data
  625  system may designate information that may not be shared with the
  626  public without the express permission of the contributing state.
  627         (6)Any information submitted to the data system which is
  628  subsequently required to be expunged by the laws of the member
  629  state contributing the information must be removed from the data
  630  system.
  631  
  632                             ARTICLE IX                            
  633                             RULEMAKING                            
  634         (1)The commission shall exercise its rulemaking powers
  635  pursuant to the criteria set forth in this article and the rules
  636  adopted thereunder. Rules and amendments become binding as of
  637  the date specified in each rule or amendment.
  638         (2)If a majority of the legislatures of the member states
  639  rejects a rule by enactment of a statute or resolution in the
  640  same manner used to adopt the compact within 4 years after the
  641  date of adoption of the rule, such rule does not have further
  642  force and effect in any member state.
  643         (3)Rules or amendments to the rules must be adopted at a
  644  regular or special meeting of the commission.
  645         (4)Before adoption of a final rule or rules by the
  646  commission, and at least 30 days before the meeting at which the
  647  rule will be considered and voted upon, the commission must file
  648  a notice of proposed rulemaking on all of the following:
  649         (a)The website of the commission or another publicly
  650  accessible platform.
  651         (b)The website of each member state physical therapy
  652  licensing board or another publicly accessible platform or the
  653  publication in which each state would otherwise publish proposed
  654  rules.
  655         (5)The notice of proposed rulemaking must include all of
  656  the following:
  657         (a)The proposed date, time, and location of the meeting in
  658  which the rule will be considered and voted upon.
  659         (b)The text of the proposed rule or amendment and the
  660  reason for the proposed rule.
  661         (c)A request for comments on the proposed rule from any
  662  interested person.
  663         (d)The manner in which interested persons may submit
  664  notice to the commission of their intention to attend the public
  665  hearing and any written comments.
  666         (6)Before adoption of a proposed rule, the commission must
  667  allow persons to submit written data, facts, opinions, and
  668  arguments, which must be made available to the public.
  669         (7)The commission must grant an opportunity for a public
  670  hearing before it adopts a rule or an amendment if a hearing is
  671  requested by any of the following:
  672         (a)At least 25 persons.
  673         (b)A state or federal governmental subdivision or agency.
  674         (c)An association having at least 25 members.
  675         (8)If a scheduled public hearing is held on the proposed
  676  rule or amendment, the commission must publish the date, time,
  677  and location of the hearing. If the hearing is held through
  678  electronic means, the commission must publish the mechanism for
  679  access to the electronic hearing.
  680         (a)All persons wishing to be heard at the hearing must
  681  notify the executive director of the commission or another
  682  designated member in writing of their desire to appear and
  683  testify at the hearing at least 5 business days before the
  684  scheduled date of the hearing.
  685         (b)Hearings must be conducted in a manner providing each
  686  person who wishes to comment a fair and reasonable opportunity
  687  to comment orally or in writing.
  688         (c)All hearings must be recorded. A copy of the recording
  689  must be made available on request.
  690         (d)This article may not be construed to require a separate
  691  hearing on each rule. Rules may be grouped for the convenience
  692  of the commission at hearings required by this section.
  693         (9)Following the scheduled hearing date, or by the close
  694  of business on the scheduled hearing date if the hearing was not
  695  held, the commission shall consider all written and oral
  696  comments received.
  697         (10)If no written notice of intent to attend the public
  698  hearing by interested parties is received, the commission may
  699  proceed with adoption of the proposed rule without a public
  700  hearing.
  701         (11)The commission shall, by majority vote of all members,
  702  take final action on the proposed rule and shall determine the
  703  effective date of the rule, if any, based on the rulemaking
  704  record and the full text of the rule.
  705         (12)Upon determination that an emergency exists, the
  706  commission may consider and adopt an emergency rule without
  707  prior notice, opportunity for comment, or hearing, provided that
  708  the usual rulemaking procedures provided in the compact and in
  709  this article are retroactively applied to the rule as soon as
  710  reasonably possible, in no event later than 90 days after the
  711  effective date of the rule. For the purposes of this subsection,
  712  an emergency rule is one that must be adopted immediately in
  713  order to do any of the following:
  714         (a)Meet an imminent threat to public health, safety, or
  715  welfare.
  716         (b)Prevent a loss of commission or member state funds.
  717         (c)Meet a deadline for the adoption of an administrative
  718  rule established by federal law or rule.
  719         (d)Protect public health and safety.
  720         (13)The commission or an authorized committee of the
  721  commission may direct revisions to a previously adopted rule or
  722  amendment for purposes of correcting typographical errors,
  723  errors in format, errors in consistency, or grammatical errors.
  724  Public notice of any revisions must be posted on the website of
  725  the commission. The revision is subject to challenge by any
  726  person for a period of 30 days after posting. The revision may
  727  be challenged only on grounds that the revision results in a
  728  material change to a rule. A challenge must be made in writing
  729  and delivered to the chair of the commission before the end of
  730  the notice period. If a challenge is not made, the revision
  731  takes effect without further action. If the revision is
  732  challenged, the revision may not take effect without the
  733  approval of the commission.
  734  
  735                              ARTICLE X                            
  736           OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT          
  737         (1)OVERSIGHT.—
  738         (a)The executive, legislative, and judicial branches of
  739  state government in each member state shall enforce the compact
  740  and take all actions necessary and appropriate to carry out the
  741  compact’s purposes and intent. The provisions of the compact and
  742  the rules adopted pursuant thereto shall have standing as
  743  statutory law.
  744         (b)All courts shall take judicial notice of the compact
  745  and the rules in any judicial or administrative proceeding in a
  746  member state pertaining to the subject matter of the compact
  747  which may affect the powers, responsibilities, or actions of the
  748  commission.
  749         (c)The commission is entitled to receive service of
  750  process in any such proceeding and has standing to intervene in
  751  such a proceeding for all purposes. Failure to provide service
  752  of process to the commission renders a judgment or an order void
  753  as to the commission, the compact, or the adopted rules.
  754         (2)DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.—
  755         (a)If the commission determines that a member state has
  756  defaulted in the performance of its obligations or
  757  responsibilities under the compact or the adopted rules, the
  758  commission must do all of the following:
  759         1.Provide written notice to the defaulting state and other
  760  member states of the nature of the default, the proposed means
  761  of curing the default, and any other action to be taken by the
  762  commission.
  763         2.Provide remedial training and specific technical
  764  assistance regarding the default.
  765         (b)If a state in default fails to cure the default, the
  766  defaulting state may be terminated from the compact upon an
  767  affirmative vote of a majority of the member states, and all
  768  rights, privileges, and benefits conferred by the compact may be
  769  terminated on the effective date of termination. A cure of the
  770  default does not relieve the offending state of obligations or
  771  liabilities incurred during the period of default.
  772         (c)Termination of membership in the compact may be imposed
  773  only after all other means of securing compliance have been
  774  exhausted. The commission shall give notice of intent to suspend
  775  or terminate a defaulting member state to the governor and
  776  majority and minority leaders of the defaulting state’s
  777  legislature and to each of the member states.
  778         (d)A state that has been terminated from the compact is
  779  responsible for all assessments, obligations, and liabilities
  780  incurred through the effective date of termination, including
  781  obligations that extend beyond the effective date of
  782  termination.
  783         (e)The commission does not bear any costs related to a
  784  state that is found to be in default or that has been terminated
  785  from the compact, unless agreed upon in writing between the
  786  commission and the defaulting state.
  787         (f)The defaulting state may appeal the action of the
  788  commission by petitioning the U.S. District Court for the
  789  District of Columbia or the federal district where the
  790  commission has its principal offices. The prevailing member
  791  shall be awarded all costs of such litigation, including
  792  reasonable attorney fees.
  793         (3)DISPUTE RESOLUTION.—
  794         (a)Upon request by a member state, the commission must
  795  attempt to resolve disputes related to the compact which arise
  796  among member states and between member and nonmember states.
  797         (b)The commission shall adopt a rule providing for both
  798  mediation and binding dispute resolution for disputes as
  799  appropriate.
  800         (4)ENFORCEMENT.—
  801         (a)The commission, in the reasonable exercise of its
  802  discretion, shall enforce the compact and the commission’s
  803  rules.
  804         (b)By majority vote, the commission may initiate legal
  805  action in the United States District Court for the District of
  806  Columbia or the federal district where the commission has its
  807  principal offices against a member state in default to enforce
  808  compliance with the provisions of the compact and its adopted
  809  rules and bylaws. The relief sought may include both injunctive
  810  relief and damages. In the event judicial enforcement is
  811  necessary, the prevailing member shall be awarded all costs of
  812  such litigation, including reasonable attorney fees.
  813         (c)The remedies under this article are not the exclusive
  814  remedies of the commission. The commission may pursue any other
  815  remedies available under federal or state law.
  816  
  817                             ARTICLE XI                            
  818     DATE OF IMPLEMENTATION OF THE PHYSICAL THERAPY COMPACT AND    
  819            ASSOCIATED RULES; WITHDRAWAL; AND AMENDMENTS           
  820         (1)The compact becomes effective on the date that the
  821  compact statute is enacted into law in the tenth member state.
  822  The provisions that become effective at that time are limited to
  823  the powers granted to the commission relating to assembly and
  824  the adoption of rules. Thereafter, the commission shall meet and
  825  exercise rulemaking powers necessary for the implementation and
  826  administration of the compact.
  827         (2)Any state that joins the compact subsequent to the
  828  commission’s initial adoption of the rules is subject to the
  829  rules as they exist on the date that the compact becomes law in
  830  that state. Any rule that has been previously adopted by the
  831  commission has the full force and effect of law on the day the
  832  compact becomes law in that state.
  833         (3)Any member state may withdraw from the compact by
  834  enacting a statute repealing the same.
  835         (a)A member state’s withdrawal does not take effect until
  836  6 months after enactment of the repealing statute.
  837         (b)Withdrawal does not affect the continuing requirement
  838  of the withdrawing state’s physical therapy licensing board to
  839  comply with the investigative and adverse action reporting
  840  requirements of this act before the effective date of
  841  withdrawal.
  842         (4)The compact may not be construed to invalidate or
  843  prevent any physical therapy licensure agreement or other
  844  cooperative arrangement between a member state and a nonmember
  845  state which does not conflict with the provisions of the
  846  compact.
  847         (5)The compact may be amended by the member states. An
  848  amendment to the compact does not become effective and binding
  849  upon any member state until it is enacted into the laws of all
  850  member states.
  851  
  852                             ARTICLE XII                           
  853                    CONSTRUCTION AND SEVERABILITY                  
  854         The compact must be liberally construed so as to carry out
  855  the purposes thereof. The provisions of the compact are
  856  severable, and if any phrase, clause, sentence, or provision of
  857  the compact is declared to be contrary to the constitution of
  858  any member state or of the United States or the applicability
  859  thereof to any government, agency, person, or circumstance is
  860  held invalid, the validity of the remainder of the compact and
  861  the applicability thereof to any government, agency, person, or
  862  circumstance is not affected thereby. If the compact is held
  863  contrary to the constitution of any member state, the compact
  864  remains in full force and effect as to the remaining member
  865  states and in full force and effect as to the member state
  866  affected as to all severable matters.
  867         Section 2. Subsection (10) of section 456.073, Florida
  868  Statutes, is amended to read:
  869         456.073 Disciplinary proceedings.—Disciplinary proceedings
  870  for each board shall be within the jurisdiction of the
  871  department.
  872         (10)(a) The complaint and all information obtained pursuant
  873  to the investigation by the department are confidential and
  874  exempt from s. 119.07(1) until 10 days after probable cause has
  875  been found to exist by the probable cause panel or by the
  876  department, or until the regulated professional or subject of
  877  the investigation waives his or her privilege of
  878  confidentiality, whichever occurs first.
  879         (b) The department shall report any significant
  880  investigation information relating to a nurse holding a
  881  multistate license to the coordinated licensure information
  882  system pursuant to s. 464.0095; any investigative information
  883  relating to a physical therapist or physical therapist assistant
  884  holding a compact privilege under the Physical Therapy Licensure
  885  Compact to the data system pursuant to s. 486.112;, and any
  886  significant investigatory information relating to a health care
  887  practitioner practicing under the Professional Counselors
  888  Licensure Compact to the data system pursuant to s. 491.017.
  889         (c) Upon completion of the investigation and a
  890  recommendation by the department to find probable cause, and
  891  pursuant to a written request by the subject or the subject’s
  892  attorney, the department shall provide the subject an
  893  opportunity to inspect the investigative file or, at the
  894  subject’s expense, forward to the subject a copy of the
  895  investigative file. Notwithstanding s. 456.057, the subject may
  896  inspect or receive a copy of any expert witness report or
  897  patient record connected with the investigation if the subject
  898  agrees in writing to maintain the confidentiality of any
  899  information received under this subsection until 10 days after
  900  probable cause is found and to maintain the confidentiality of
  901  patient records pursuant to s. 456.057. The subject may file a
  902  written response to the information contained in the
  903  investigative file. Such response must be filed within 20 days
  904  of mailing by the department, unless an extension of time has
  905  been granted by the department.
  906         (d) This subsection does not prohibit the department from
  907  providing the complaint and any information obtained pursuant to
  908  the department’s investigation such information to any law
  909  enforcement agency or to any other regulatory agency.
  910         Section 3. Subsection (5) of section 456.076, Florida
  911  Statutes, is amended to read:
  912         456.076 Impaired practitioner programs.—
  913         (5) A consultant shall enter into a participant contract
  914  with an impaired practitioner and shall establish the terms of
  915  monitoring and shall include the terms in a participant
  916  contract. In establishing the terms of monitoring, the
  917  consultant may consider the recommendations of one or more
  918  approved evaluators, treatment programs, or treatment providers.
  919  A consultant may modify the terms of monitoring if the
  920  consultant concludes, through the course of monitoring, that
  921  extended, additional, or amended terms of monitoring are
  922  required for the protection of the health, safety, and welfare
  923  of the public. If the impaired practitioner is a health care
  924  practitioner practicing under the Professional Counselors
  925  Licensure Compact pursuant to s. 491.017, the terms of the
  926  monitoring contract must include the impaired practitioner’s
  927  withdrawal from all practice under the compact. If the impaired
  928  practitioner is a physical therapist or physical therapist
  929  assistant practicing under the Physical Therapy Licensure
  930  Compact pursuant to s. 486.112, the terms of the monitoring
  931  contract must include the impaired practitioner’s withdrawal
  932  from all practice under the compact unless authorized by a
  933  member state.
  934         Section 4. Subsection (5) is added to section 486.023,
  935  Florida Statutes, to read:
  936         486.023 Board of Physical Therapy Practice.—
  937         (5) The board shall appoint an individual to serve as the
  938  state’s delegate on the Physical Therapy Compact Commission, as
  939  required under s. 486.112.
  940         Section 5. Section 486.028, Florida Statutes, is amended to
  941  read:
  942         486.028 License to practice physical therapy required.—A No
  943  person may not shall practice, or hold herself or himself out as
  944  being able to practice, physical therapy in this state unless
  945  she or he is licensed under in accordance with the provisions of
  946  this chapter or holds a compact privilege in this state under
  947  the Physical Therapy Licensure Compact as specified in s.
  948  486.112.; however, Nothing in This chapter does not shall
  949  prohibit any person licensed in this state under any other law
  950  from engaging in the practice for which she or he is licensed.
  951         Section 6. Section 486.031, Florida Statutes, is amended to
  952  read:
  953         486.031 Physical therapist; licensing requirements;
  954  exemption.—
  955         (1) To be eligible for licensing as a physical therapist,
  956  an applicant must:
  957         (a)(1) Be at least 18 years old;
  958         (b)(2) Be of good moral character; and
  959         (c)1.(3)(a) Have been graduated from a school of physical
  960  therapy which has been approved for the educational preparation
  961  of physical therapists by the appropriate accrediting agency
  962  recognized by the Council for Higher Education Accreditation or
  963  its successor Commission on Recognition of Postsecondary
  964  Accreditation or the United States Department of Education at
  965  the time of her or his graduation and have passed, to the
  966  satisfaction of the board, the American Registry Examination
  967  before prior to 1971 or a national examination approved by the
  968  board to determine her or his fitness for practice as a physical
  969  therapist under this chapter as hereinafter provided;
  970         2.(b) Have received a diploma from a program in physical
  971  therapy in a foreign country and have educational credentials
  972  deemed equivalent to those required for the educational
  973  preparation of physical therapists in this country, as
  974  recognized by the appropriate agency as identified by the board,
  975  and have passed to the satisfaction of the board an examination
  976  to determine her or his fitness for practice as a physical
  977  therapist under this chapter as hereinafter provided; or
  978         3.(c) Be entitled to licensure without examination as
  979  provided in s. 486.081.
  980         (2)A person licensed as a physical therapist in another
  981  state who is practicing under the Physical Therapy Licensure
  982  Compact pursuant to s. 486.112, and only within the scope
  983  provided therein, is exempt from the licensure requirements of
  984  this section.
  985         Section 7. Section 486.081, Florida Statutes, is amended to
  986  read:
  987         486.081 Physical therapist; issuance of license without
  988  examination to person passing examination of another authorized
  989  examining board; fee; exemption.—
  990         (1) The board may grant cause a license without
  991  examination, to be issued by through the department, without
  992  examination to any applicant who presents evidence satisfactory
  993  to the board of having passed the American Registry Examination
  994  before prior to 1971 or an examination in physical therapy
  995  before a similar lawfully authorized examining board of another
  996  state, the District of Columbia, a territory, or a foreign
  997  country, if the standards for licensure in physical therapy in
  998  such other state, district, territory, or foreign country are
  999  determined by the board to be as high as those of this state, as
 1000  established by rules adopted under pursuant to this chapter. Any
 1001  person who holds a license pursuant to this section may use the
 1002  words “physical therapist” or “physiotherapist” or the letters
 1003  “P.T.” in connection with her or his name or place of business
 1004  to denote her or his licensure hereunder. A person who holds a
 1005  license pursuant to this section and obtains a doctoral degree
 1006  in physical therapy may use the letters “D.P.T.” and “P.T.” A
 1007  physical therapist who holds a degree of Doctor of Physical
 1008  Therapy may not use the title “doctor” without also clearly
 1009  informing the public of his or her profession as a physical
 1010  therapist.
 1011         (2) At the time of filing an making application for
 1012  licensure without examination under pursuant to the terms of
 1013  this section, the applicant shall pay to the department a
 1014  nonrefundable fee not to exceed $175, as determined fixed by the
 1015  board, no part of which will be returned.
 1016         (3)A person licensed as a physical therapist in another
 1017  state who is practicing under the Physical Therapy Licensure
 1018  Compact pursuant to s. 486.112, and only within the scope
 1019  provided therein, is exempt from the licensure requirements of
 1020  this section.
 1021         Section 8. Section 486.102, Florida Statutes, is amended to
 1022  read:
 1023         486.102 Physical therapist assistant; licensing
 1024  requirements; exemption.—
 1025         (1) To be eligible for licensing by the board as a physical
 1026  therapist assistant, an applicant must:
 1027         (a)(1) Be at least 18 years old;
 1028         (b)(2) Be of good moral character; and
 1029         (c)1.(3)(a) Have been graduated from a school providing
 1030  giving a course of at least not less than 2 years for physical
 1031  therapist assistants, which has been approved for the
 1032  educational preparation of physical therapist assistants by the
 1033  appropriate accrediting agency recognized by the Council for
 1034  Higher Education Accreditation or its successor Commission on
 1035  Recognition of Postsecondary Accreditation or the United States
 1036  Department of Education, at the time of her or his graduation
 1037  and have passed to the satisfaction of the board an examination
 1038  to determine her or his fitness for practice as a physical
 1039  therapist assistant under this chapter as hereinafter provided;
 1040         2.(b) Have been graduated from a school providing giving a
 1041  course for physical therapist assistants in a foreign country
 1042  and have educational credentials deemed equivalent to those
 1043  required for the educational preparation of physical therapist
 1044  assistants in this country, as recognized by the appropriate
 1045  agency as identified by the board, and passed to the
 1046  satisfaction of the board an examination to determine her or his
 1047  fitness for practice as a physical therapist assistant under
 1048  this chapter as hereinafter provided;
 1049         3.(c) Be entitled to licensure without examination as
 1050  provided in s. 486.107; or
 1051         4.(d) Have been enrolled between July 1, 2014, and July 1,
 1052  2016, in a physical therapist assistant school in this state
 1053  which was accredited at the time of enrollment; and
 1054         a.1. Have been graduated or be eligible to graduate from
 1055  such school no later than July 1, 2018; and
 1056         b.2. Have passed to the satisfaction of the board an
 1057  examination to determine his or her fitness for practice as a
 1058  physical therapist assistant as provided in s. 486.104.
 1059         (2)A person licensed as a physical therapist assistant in
 1060  another state who is practicing under the Physical Therapy
 1061  Licensure Compact pursuant to s. 486.112, and only within the
 1062  scope provided therein, is exempt from the licensure
 1063  requirements of this section.
 1064         Section 9. Section 486.107, Florida Statutes, is amended to
 1065  read:
 1066         486.107 Physical therapist assistant; issuance of license
 1067  without examination to person licensed in another jurisdiction;
 1068  fee; exemption.—
 1069         (1) The board may grant cause a license without
 1070  examination, to be issued by through the department, without
 1071  examination to any applicant who presents evidence to the board,
 1072  under oath, of licensure in another state, the District of
 1073  Columbia, or a territory, if the standards for registering as a
 1074  physical therapist assistant or licensing of a physical
 1075  therapist assistant, as applicable the case may be, in such
 1076  other state are determined by the board to be as high as those
 1077  of this state, as established by rules adopted under pursuant to
 1078  this chapter. Any person who holds a license pursuant to this
 1079  section may use the words “physical therapist assistant,” or the
 1080  letters “P.T.A.,” in connection with her or his name to denote
 1081  licensure hereunder.
 1082         (2) At the time of filing an making application for
 1083  licensing without examination under pursuant to the terms of
 1084  this section, the applicant shall pay to the department a
 1085  nonrefundable fee not to exceed $175, as determined fixed by the
 1086  board, no part of which will be returned.
 1087         (3)A person licensed as a physical therapist assistant in
 1088  another state who is practicing under the Physical Therapy
 1089  Licensure Compact pursuant to s. 486.112, and only within the
 1090  scope provided therein, is exempt from the licensure
 1091  requirements of this section.
 1092         Section 10. Section 486.125, Florida Statutes, is amended
 1093  to read:
 1094         486.125 Refusal, revocation, or suspension of license;
 1095  administrative fines and other disciplinary measures.—
 1096         (1) The following acts constitute grounds for denial of a
 1097  license or disciplinary action, as specified in s. 456.072(2) or
 1098  s. 486.112:
 1099         (a) Being unable to practice physical therapy with
 1100  reasonable skill and safety to patients by reason of illness or
 1101  use of alcohol, drugs, narcotics, chemicals, or any other type
 1102  of material or as a result of any mental or physical condition.
 1103         1. In enforcing this paragraph, upon a finding of the State
 1104  Surgeon General or the State Surgeon General’s designee that
 1105  probable cause exists to believe that the licensee is unable to
 1106  practice physical therapy due to the reasons stated in this
 1107  paragraph, the department shall have the authority to compel a
 1108  physical therapist or physical therapist assistant to submit to
 1109  a mental or physical examination by a physician designated by
 1110  the department. If the licensee refuses to comply with such
 1111  order, the department’s order directing such examination may be
 1112  enforced by filing a petition for enforcement in the circuit
 1113  court where the licensee resides or serves as a physical therapy
 1114  practitioner. The licensee against whom the petition is filed
 1115  may shall not be named or identified by initials in any public
 1116  court records or documents, and the proceedings must shall be
 1117  closed to the public. The department shall be entitled to the
 1118  summary procedure provided in s. 51.011.
 1119         2. A physical therapist or physical therapist assistant
 1120  whose license is suspended or revoked pursuant to this
 1121  subsection shall, at reasonable intervals, be given an
 1122  opportunity to demonstrate that she or he can resume the
 1123  competent practice of physical therapy with reasonable skill and
 1124  safety to patients.
 1125         3. Neither the record of proceeding nor the orders entered
 1126  by the board in any proceeding under this subsection may be used
 1127  against a physical therapist or physical therapist assistant in
 1128  any other proceeding.
 1129         (b) Having committed fraud in the practice of physical
 1130  therapy or deceit in obtaining a license as a physical therapist
 1131  or as a physical therapist assistant.
 1132         (c) Being convicted or found guilty regardless of
 1133  adjudication, of a crime in any jurisdiction which directly
 1134  relates to the practice of physical therapy or to the ability to
 1135  practice physical therapy. The entry of any plea of nolo
 1136  contendere is shall be considered a conviction for purpose of
 1137  this chapter.
 1138         (d) Having treated or undertaken to treat human ailments by
 1139  means other than by physical therapy, as defined in this
 1140  chapter.
 1141         (e) Failing to maintain acceptable standards of physical
 1142  therapy practice as set forth by the board in rules adopted
 1143  pursuant to this chapter.
 1144         (f) Engaging directly or indirectly in the dividing,
 1145  transferring, assigning, rebating, or refunding of fees received
 1146  for professional services, or having been found to profit by
 1147  means of a credit or other valuable consideration, such as an
 1148  unearned commission, discount, or gratuity, with any person
 1149  referring a patient or with any relative or business associate
 1150  of the referring person. Nothing in This chapter may not shall
 1151  be construed to prohibit the members of any regularly and
 1152  properly organized business entity which is comprised of
 1153  physical therapists and which is recognized under the laws of
 1154  this state from making any division of their total fees among
 1155  themselves as they determine necessary.
 1156         (g) Having a license revoked or suspended; having had other
 1157  disciplinary action taken against her or him; or having had her
 1158  or his application for a license refused, revoked, or suspended
 1159  by the licensing authority of another state, territory, or
 1160  country.
 1161         (h) Violating a lawful order of the board or department
 1162  previously entered in a disciplinary hearing.
 1163         (i) Making or filing a report or record which the licensee
 1164  knows to be false. Such reports or records shall include only
 1165  those which are signed in the capacity of a physical therapist.
 1166         (j) Practicing or offering to practice beyond the scope
 1167  permitted by law or accepting and performing professional
 1168  responsibilities which the licensee knows or has reason to know
 1169  that she or he is not competent to perform, including, but not
 1170  limited to, specific spinal manipulation.
 1171         (k) Violating any provision of this chapter or chapter 456,
 1172  or any rules adopted pursuant thereto.
 1173         (2)(a) The board may enter an order denying licensure or
 1174  imposing any of the penalties in s. 456.072(2) against any
 1175  applicant for licensure or licensee who is found guilty of
 1176  violating any provision of subsection (1) of this section or who
 1177  is found guilty of violating any provision of s. 456.072(1).
 1178         (b)The board may take adverse action against a physical
 1179  therapist’s or a physical therapist assistant’s compact
 1180  privilege under the Physical Therapy Licensure Compact pursuant
 1181  to s. 486.112, and may impose any of the penalties in s.
 1182  456.072(2), if a physical therapist or physical therapist
 1183  assistant commits an act specified in subsection (1) or s.
 1184  456.072(1).
 1185         (3) The board may shall not reinstate the license of a
 1186  physical therapist or physical therapist assistant or approve
 1187  cause a license to be issued to a person it has deemed
 1188  unqualified until such time as it is satisfied that she or he
 1189  has complied with all the terms and conditions set forth in the
 1190  final order and that such person is capable of safely engaging
 1191  in the practice of physical therapy.
 1192         Section 11. Paragraph (i) is added to subsection (10) of
 1193  section 768.28, Florida Statutes, to read:
 1194         768.28 Waiver of sovereign immunity in tort actions;
 1195  recovery limits; civil liability for damages caused during a
 1196  riot; limitation on attorney fees; statute of limitations;
 1197  exclusions; indemnification; risk management programs.—
 1198         (10) 
 1199         (i) For purposes of this section, the individual appointed
 1200  under s. 486.023(5) as the state’s delegate on the Physical
 1201  Therapy Compact Commission, when serving in that capacity
 1202  pursuant to s. 486.112, and any administrator, officer,
 1203  executive director, employee, or representative of the Physical
 1204  Therapy Compact Commission, when acting within the scope of his
 1205  or her employment, duties, or responsibilities in this state, is
 1206  considered an agent of the state. The commission shall pay any
 1207  claims or judgments pursuant to this section and may maintain
 1208  insurance coverage to pay any such claims or judgments.
 1209         Section 12. Section 486.025, Florida Statutes, is amended
 1210  to read:
 1211         486.025 Powers and duties of the Board of Physical Therapy
 1212  Practice.—The board may administer oaths, summon witnesses, take
 1213  testimony in all matters relating to its duties under this
 1214  chapter, establish or modify minimum standards of practice of
 1215  physical therapy as defined in s. 486.021, including, but not
 1216  limited to, standards of practice for the performance of dry
 1217  needling by physical therapists, and adopt rules pursuant to ss.
 1218  120.536(1) and 120.54 to implement this chapter. The board may
 1219  also review the standing and reputability of any school or
 1220  college offering courses in physical therapy and whether the
 1221  courses of such school or college in physical therapy meet the
 1222  standards established by the appropriate accrediting agency
 1223  referred to in s. 486.031(1)(c) s. 486.031(3)(a). In determining
 1224  the standing and reputability of any such school and whether the
 1225  school and courses meet such standards, the board may
 1226  investigate and personally inspect the school and courses.
 1227         Section 13. Paragraph (b) of subsection (1) of section
 1228  486.0715, Florida Statutes, is amended to read:
 1229         486.0715 Physical therapist; issuance of temporary permit.—
 1230         (1) The board shall issue a temporary physical therapist
 1231  permit to an applicant who meets the following requirements:
 1232         (b) Is a graduate of an approved United States physical
 1233  therapy educational program and meets all the eligibility
 1234  requirements for licensure under ch. 456, s. 486.031(1)(a)-(c)1.
 1235  s. 486.031(1)-(3)(a), and related rules, except passage of a
 1236  national examination approved by the board is not required.
 1237         Section 14. Paragraph (b) of subsection (1) of section
 1238  486.1065, Florida Statutes, is amended to read:
 1239         486.1065 Physical therapist assistant; issuance of
 1240  temporary permit.—
 1241         (1) The board shall issue a temporary physical therapist
 1242  assistant permit to an applicant who meets the following
 1243  requirements:
 1244         (b) Is a graduate of an approved United States physical
 1245  therapy assistant educational program and meets all the
 1246  eligibility requirements for licensure under ch. 456, s.
 1247  486.102(1)(a)-(c)1. s. 486.102(1)-(3)(a), and related rules,
 1248  except passage of a national examination approved by the board
 1249  is not required.
 1250         Section 15. This act shall take effect July 1, 2023.