<section article="gho" article_name="Health Occupations" number="13-101" title_number="13" title_name="Physical Therapists" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Board” means the State Board of Physical Therapy Examiners.</text> </level> <level label="b–1"> <text>“Direct supervision” means supervision provided by a licensed physical therapist who is physically present within the treatment area and immediately available to give aid, direction, and instruction when physical therapy or limited physical therapy procedures or activities are performed.</text> </level> <level label="c"> <text>“License” means, unless the context requires otherwise:</text> <level label="1"> <text>A license issued by the Board to practice:</text> <level label="i"> <text>Physical therapy; or</text> </level> <level label="ii"> <text>Limited physical therapy; or</text> </level> </level> <level label="2"> <text>A temporary license issued by the Board.</text> </level> </level> <level label="d"> <text>“Licensed physical therapist” means, unless the context requires otherwise, a physical therapist who is licensed by the Board to practice physical therapy.</text> </level> <level label="e"> <text>“Licensed physical therapist assistant” means, unless the context requires otherwise, a physical therapist assistant who is licensed by the Board to practice limited physical therapy.</text> </level> <level label="f"> <text>“Physical therapist” means an individual, licensed by the State Board of Physical Therapy Examiners, who practices physical therapy and who has passed the national physical therapy licensing examination administered or accepted by the Board.</text> </level> <level label="g"> <text>“Physical therapist assistant” means an individual licensed by the State Board of Physical Therapy Examiners who practices limited physical therapy and who has passed the national physical therapy licensing examination administered or accepted by the Board.</text> </level> <level label="h"> <level label="1"> <text>“Practice limited physical therapy” means to implement therapeutic interventions for the purpose of:</text> <level label="i"> <text>The prevention of disability in patients or clients; and</text> </level> <level label="ii"> <text>The physical rehabilitation of patients or clients with a congenital or acquired disability.</text> </level> </level> <level label="2"> <text>“Practice limited physical therapy” includes, except as provided in paragraph (3) of this subsection:</text> <level label="i"> <text>Taking and documenting measurements; and</text> </level> <level label="ii"> <text>Administering therapeutic interventions that include therapeutic exercise, therapeutic massage, mechanical devices, or therapeutic agents that use the physical, chemical, or other properties of air, water, electricity, sound, or radiant energy.</text> </level> </level> <level label="3"> <text>“Practice limited physical therapy” does not include:</text> <level label="i"> <text>Interpreting measurements;</text> </level> <level label="ii"> <text>Planning treatment programs;</text> </level> <level label="iii"> <text>Taking X rays;</text> </level> <level label="iv"> <text>Using radioactive substances; or</text> </level> <level label="v"> <text>Using electricity for cauterization or surgery.</text> </level> </level> </level> <level label="i"> <level label="1"> <text>“Practice physical therapy” means to design, implement, and modify therapeutic interventions for the purpose of:</text> <level label="i"> <text>The prevention of disability in patients or clients; and</text> </level> <level label="ii"> <text>The physical rehabilitation of patients or clients with a congenital or acquired disability.</text> </level> </level> <level label="2"> <text>“Practice physical therapy” includes:</text> <level label="i"> <text>Performing an evaluation of the physical therapy needs of patients or clients;</text> </level> <level label="ii"> <text>Performing and interpreting tests and measurements of neuromuscular and musculoskeletal functions to aid treatment;</text> </level> <level label="iii"> <text>Planning treatment programs that are based on test findings; and</text> </level> <level label="iv"> <text>Except as provided in paragraph (3) of this subsection, administering therapeutic interventions that include therapeutic exercise, therapeutic massage, mechanical devices, or therapeutic agents that use the physical, chemical, or other properties of air, water, electricity, sound, or radiant energy.</text> </level> </level> <level label="3"> <text>“Practice physical therapy” does not include:</text> <level label="i"> <text>Taking X rays;</text> </level> <level label="ii"> <text>Using radioactive substances; or</text> </level> <level label="iii"> <text>Using electricity for cauterization or surgery.</text> </level> </level> </level> <level label="j"> <text>“Restricted license” means a license issued by the Board under and as limited by § 13–314 of this title to practice physical therapy.</text> </level> <level label="k"> <text>“Temporary license” means a license issued by the Board under, and as limited by, § 13–313 of this title to practice:</text> <level label="1"> <text>Physical therapy; or</text> </level> <level label="2"> <text>Limited physical therapy.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="13-102" title_number="13" title_name="Physical Therapists" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <text>Except as specifically provided in this title, this title does not limit the right of:</text> <level label="1"> <text>An individual to practice a health occupation that the individual is authorized to practice under this article;</text> </level> <level label="2"> <text>A chiropractor to practice physical therapy if the chiropractor is authorized to practice physical therapy under Title 3 of this article;</text> </level> <level label="3"> <text>An individual to provide nonmedical services while:</text> <level label="i"> <text>Practicing cosmetology; or</text> </level> <level label="ii"> <text>Operating a health club; or</text> </level> </level> <level label="4"> <text>A health club to advertise as a health club.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-201" title_number="13" title_name="Physical Therapists" subtitle_number="2" subtitle_name="State Board of Physical Therapy Examiners"> <text>There is a State Board of Physical Therapy Examiners in the Department.</text> </section> <section article="gho" article_name="Health Occupations" number="13-202" title_number="13" title_name="Physical Therapists" subtitle_number="2" subtitle_name="State Board of Physical Therapy Examiners"> <level label="a"> <level label="1"> <text>The Board consists of 9 members.</text> </level> <level label="2"> <text>Of the 9 Board members:</text> <level label="i"> <text>Five shall be licensed physical therapists, of which a minimum of four shall be engaged primarily in the clinical practice of physical therapy in this State;</text> </level> <level label="ii"> <text>Two shall be licensed physical therapist assistants practicing limited physical therapy in this State; and</text> </level> <level label="iii"> <text>Two shall be consumer members.</text> </level> </level> <level label="3"> <text>The Governor shall appoint the licensed physical therapist members and the licensed physical therapist assistant members, with the advice of the Secretary, from a list of names of qualified individuals submitted to the Secretary and the Governor by the American Physical Therapy Association of Maryland. The number of names on the list shall be at least three times the number of vacancies.</text> </level> <level label="4"> <text>The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.</text> </level> </level> <level label="b"> <text>Each licensed physical therapist member:</text> <level label="1"> <text>Shall have at least 5 years’ experience in physical therapy administration, education, practice, or research immediately before appointment; and</text> </level> <level label="2"> <text>Shall be engaged in the profession of physical therapy in this State.</text> </level> </level> <level label="c"> <text>Each licensed physical therapist assistant member shall:</text> <level label="1"> <text>Have 5 years’ experience in limited physical therapy; and</text> </level> <level label="2"> <text>Be engaged in the profession of limited physical therapy in this State.</text> </level> </level> <level label="d"> <text>Each consumer member of the Board:</text> <level label="1"> <text>Shall be a member of the general public;</text> </level> <level label="2"> <text>May not be or ever have been a physical therapist or physical therapist assistant or in training to become a physical therapist or physical therapist assistant;</text> </level> <level label="3"> <text>May not have a household member who is a physical therapist or physical therapist assistant or in training to become a physical therapist or physical therapist assistant;</text> </level> <level label="4"> <text>May not participate or ever have participated in a commercial or professional field related to physical therapy;</text> </level> <level label="5"> <text>May not have a household member who participates in a commercial or professional field related to physical therapy; and</text> </level> <level label="6"> <text>May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.</text> </level> </level> <level label="e"> <text>While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.</text> </level> <level label="f"> <text>Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.</text> </level> <level label="g"> <level label="1"> <text>The term of a member is 4 years.</text> </level> <level label="2"> <text>The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1981.</text> </level> <level label="3"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="4"> <text>A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.</text> </level> <level label="5"> <text>To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.</text> </level> <level label="6"> <text>A member may not serve more than 2 consecutive full terms.</text> </level> </level> <level label="h"> <level label="1"> <text>The Governor may remove a member for incompetence or misconduct.</text> </level> <level label="2"> <text>Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="13-203" title_number="13" title_name="Physical Therapists" subtitle_number="2" subtitle_name="State Board of Physical Therapy Examiners"> <level label="a"> <text>From among its members, the Board annually shall elect a chairman and vice chairman.</text> </level> <level label="b"> <text>The Board shall determine:</text> <level label="1"> <text>The manner of election of the chairman and vice chairman; and</text> </level> <level label="2"> <text>The duties of the chairman and vice chairman.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="13-204" title_number="13" title_name="Physical Therapists" subtitle_number="2" subtitle_name="State Board of Physical Therapy Examiners"> <level label="a"> <text>The Board shall appoint a Board executive director, who serves at the pleasure of the Board.</text> </level> <level label="b"> <text>The Board executive director:</text> <level label="1"> <text>Is the executive officer of the Board; and</text> </level> <level label="2"> <text>Has the powers and duties assigned by the Board.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="13-205" title_number="13" title_name="Physical Therapists" subtitle_number="2" subtitle_name="State Board of Physical Therapy Examiners"> <level label="a"> <text>A majority of the full authorized membership of the Board is a quorum to do business.</text> </level> <level label="b"> <text>The Board shall determine the times and places of its meetings.</text> </level> <level label="c"> <text>Each member of the Board is entitled to:</text> <level label="1"> <text>Compensation determined by the Board and in accordance with the budget of the Board; and</text> </level> <level label="2"> <text>Reimbursement for expenses at a rate determined by the Board.</text> </level> </level> <level label="d"> <text>In accordance with the budget of the Board, the Board may employ:</text> <level label="1"> <text>A staff; and</text> </level> <level label="2"> <text>Experts and consultants to obtain information and advice that relate to physical therapy.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="13-206" title_number="13" title_name="Physical Therapists" subtitle_number="2" subtitle_name="State Board of Physical Therapy Examiners"> <level label="a"> <text>In addition to the powers set forth elsewhere in this title, the Board may:</text> <level label="1"> <text>Adopt rules and regulations to carry out the provisions of this title;</text> </level> <level label="2"> <text>Adopt standards of practice and a code of ethics for the practice of physical therapy and limited physical therapy; and</text> </level> <level label="3"> <text>Pay, in accordance with the State budget, any necessary expense that relates to the referral of an alleged violation of the criminal provisions of this title.</text> </level> </level> <level label="b"> <text>In addition to the duties set forth elsewhere in this title, the Board shall:</text> <level label="1"> <text>Keep a list of the name and address of each licensed physical therapist and licensed physical therapist assistant;</text> </level> <level label="2"> <text>Present evidence of any alleged violation of this title to the State’s Attorney of the county where the alleged violation occurred;</text> </level> <level label="3"> <text>Adopt rules and regulations that govern the use of a physical therapy aide by a licensed physical therapist; and</text> </level> <level label="4"> <text>Investigate an alleged violation of this title.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="13-207" title_number="13" title_name="Physical Therapists" subtitle_number="2" subtitle_name="State Board of Physical Therapy Examiners"> <level label="a"> <text>There is a State Board of Physical Therapy Examiners Fund.</text> </level> <level label="b"> <level label="1"> <text>The Board may set reasonable fees for the issuance and renewal of licenses and its other services.</text> </level> <level label="2"> <text>The fees charged shall be set so as to approximate the cost of maintaining the Board.</text> </level> <level label="3"> <text>Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.</text> </level> </level> <level label="c"> <level label="1"> <text>The Board shall pay all funds collected under this title to the Comptroller of the State.</text> </level> <level label="2"> <text>The Comptroller shall distribute the fees to the State Board of Physical Therapy Examiners Fund.</text> </level> </level> <level label="d"> <level label="1"> <text>The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.</text> </level> <level label="2"> <text>The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.</text> </level> <level label="3"> <text>Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.</text> </level> <level label="4"> <text>No other State money may be used to support the Fund.</text> </level> </level> <level label="e"> <level label="1"> <text>A designee of the Board shall administer the Fund.</text> </level> <level label="2"> <text>Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.</text> </level> </level> <level label="f"> <text>The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-207.1" title_number="13" title_name="Physical Therapists" subtitle_number="2" subtitle_name="State Board of Physical Therapy Examiners"> <text>If it is determined that disclosure of information contained in a record of the Board will serve to protect the public, the Board, after an affirmative vote of a majority, may:</text> <level label="1"> <text>Disclose any information contained in a record of the Board to any other health occupations licensure board of this State if the information relates to an individual licensed or certified by the other board; or</text> </level> <level label="2"> <text>Disclose to a physical therapy licensure board of any other state:</text> <level label="i"> <text>Any information contained in a record of the Board if the information relates to an individual licensed by the Board and is based on a final decision of the Board; or</text> </level> <level label="ii"> <text>The information that a licensee has charges pending before the Board and there has been no final decision in the matter.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="13-208" title_number="13" title_name="Physical Therapists" subtitle_number="2" subtitle_name="State Board of Physical Therapy Examiners"> <text>A person shall have the immunity from liability described under § 5-714 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.</text> </section> <section article="gho" article_name="Health Occupations" number="13-301" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice physical therapy or limited physical therapy in this State.</text> </level> <level label="b"> <text>This section does not apply to:</text> <level label="1"> <text>A student who is supervised directly by a licensed physical therapist in a Board–approved physical therapy educational program; or</text> </level> <level label="2"> <text>A physical therapy aide, if the physical therapy aide:</text> <level label="i"> <text>Subject to the rules and regulations adopted by the Board, performs only procedures that do not require the professional skills of a licensed physical therapist or a licensed physical therapist assistant; and</text> </level> <level label="ii"> <text>Performs procedures only under the direct supervision of a licensed physical therapist who personally is present in the area where the procedures are performed.</text> </level> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="13-302" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <level label="1"> <text>To qualify for a physical therapy license, an applicant shall be an individual who:</text> <level label="i"> <text>Meets the requirements of:</text> <level label="1"> <text>This section; and</text> </level> <level label="2"> <text>§ 13–303 of this subtitle; and</text> </level> </level> <level label="ii"> <text>Submits to a criminal history records check in accordance with § 13–302.1 of this subtitle.</text> </level> </level> <level label="2"> <text>To qualify for a physical therapist assistant license, an applicant shall be an individual who:</text> <level label="i"> <text>Meets the requirements of:</text> <level label="1"> <text>This section; and</text> </level> <level label="2"> <text>§ 13–304 of this subtitle; and</text> </level> </level> <level label="ii"> <text>Submits to a criminal history records check in accordance with § 13–302.1 of this subtitle.</text> </level> </level> </level> <level label="b"> <text>The applicant shall be of good moral character.</text> </level> <level label="c"> <text>Except as otherwise provided in this title, the applicant shall pass the appropriate examination given by the Board under this subtitle.</text> </level> <level label="d"> <text>The applicant shall meet any other qualifications or requirements that the Board establishes for license applicants.</text> </level> <level label="e"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, the Board shall require as part of its examination or licensing procedures that an applicant for a license to practice physical therapy or limited physical therapy demonstrate written and oral competency in the English language.</text> </level> <level label="2"> <text>An applicant is exempt from English language competency testing under paragraph (1) of this subsection if the applicant graduated from a physical therapy program that was taught in English.</text> </level> <level label="3"> <text>By regulation, the Board shall develop a procedure for testing individuals who because of their speech impairment are unable to complete satisfactorily a Board approved standardized test of oral competency.</text> </level> <level label="4"> <text>If any disciplinary charges or action that involves a problem with the oral communication of the English language are brought against a licensee under this title, the Board shall require the licensee to take and pass a Board approved standardized test of oral competency.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="13-302.1" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.</text> </level> <level label="b"> <text>As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:</text> <level label="1"> <text>A complete set of legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;</text> </level> <level label="2"> <text>The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and</text> </level> <level label="3"> <text>The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.</text> </level> </level> <level label="c"> <text>In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant.</text> </level> <level label="d"> <text>If an applicant has made three or more unsuccessful attempts at securing legible fingerprints, the Board may accept an alternate method of a criminal history records check as permitted by the Director of the Central Repository and the Director of the Federal Bureau of Investigation.</text> </level> <level label="e"> <text>Information obtained from the Central Repository under this section:</text> <level label="1"> <text>Is confidential;</text> </level> <level label="2"> <text>May not be redisseminated; and</text> </level> <level label="3"> <text>May be used only for the licensing purpose authorized by this title.</text> </level> </level> <level label="f"> <text>The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.</text> </level> <level label="g"> <text>If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-303" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>If an applicant for a physical therapy license has been educated in physical therapy in any state, the applicant shall have:</text> <level label="1"> <text>Graduated from a physical therapy program that, in the year of graduation, was:</text> <level label="i"> <text>Approved by the American Physical Therapy Association; or</text> </level> <level label="ii"> <text>Accredited by the Commission on Accreditation in Physical Therapy Education; and</text> </level> </level> <level label="2"> <text>Completed satisfactorily the clinical education required by the physical therapy program.</text> </level> </level> <level label="b"> <text>If an applicant for a physical therapy license has been educated in physical therapy outside of any state, the applicant shall have graduated from a physical therapy program that in the year of graduation had educational requirements equivalent to a degree in physical therapy from a United States program accredited by the Commission on Accreditation in Physical Therapy Education.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-304" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>If an applicant for a physical therapist assistant license has been educated in limited physical therapy in any state, the applicant shall have:</text> <level label="1"> <text>Graduated from a physical therapist assistant program that is:</text> <level label="i"> <text>Approved by the American Physical Therapy Association; or</text> </level> <level label="ii"> <text>Accredited by the Commission on Accreditation in Physical Therapy Education; and</text> </level> </level> <level label="2"> <text>Completed satisfactorily the clinical education required by the physical therapist assistant program.</text> </level> </level> <level label="b"> <text>If an applicant for a physical therapist assistant license has been educated in limited physical therapy outside of any state, the applicant shall have graduated from a physical therapist assistant program that in the year of graduation has educational requirements equivalent to a degree in limited physical therapy from a program in the United States accredited by the Commission on Accreditation in Physical Therapy Education.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-305" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>To apply for a physical therapy license, an applicant shall:</text> <level label="1"> <text>Submit to the Board:</text> <level label="i"> <text>An application on the form that the Board requires;</text> </level> <level label="ii"> <text>Evidence of completion of:</text> <level label="1"> <text>A physical therapy curriculum; and</text> </level> <level label="2"> <text>Any clinical training required under the physical therapy curriculum; and</text> </level> </level> <level label="iii"> <text>Any other document that the Board requires;</text> </level> </level> <level label="2"> <text>Submit to a criminal history records check in accordance with § 13–302.1 of this subtitle; and</text> </level> <level label="3"> <text>Pay to the Board the application fee set by the Board.</text> </level> </level> <level label="b"> <text>To apply for a physical therapist assistant license, an applicant shall:</text> <level label="1"> <text>Submit to the Board:</text> <level label="i"> <text>An application on the form that the Board requires;</text> </level> <level label="ii"> <text>Evidence of completion of:</text> <level label="1"> <text>A physical therapist assistant curriculum; and</text> </level> <level label="2"> <text>Any clinical training required under the physical therapist assistant curriculum; and</text> </level> </level> <level label="iii"> <text>Any other document that the Board requires;</text> </level> </level> <level label="2"> <text>Submit to a criminal history records check in accordance with § 13–302.1 of this subtitle; and</text> </level> <level label="3"> <text>Pay to the Board the application fee set by the Board.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="13-306" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, an applicant who otherwise qualifies for a license is entitled to be examined for that license as provided in this section.</text> </level> <level label="2"> <text>An applicant who fails the examination for licensure six times may not:</text> <level label="i"> <text>Retake the examination; or</text> </level> <level label="ii"> <text>Be licensed by the Board.</text> </level> </level> </level> <level label="b"> <text>The Board shall give examinations at least twice a year, at the times and places that the Board determines, to applicants for:</text> <level label="1"> <text>A physical therapy license; and</text> </level> <level label="2"> <text>A physical therapist assistant license.</text> </level> </level> <level label="c"> <text>The Board or its agent shall notify each qualified applicant of the time and place of the examination.</text> </level> <level label="d"> <text>The Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-307" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>Subject to the provisions of this section, the Board may waive any examination requirement for an applicant who is licensed or otherwise is authorized to practice physical therapy or limited physical therapy in another state.</text> </level> <level label="b"> <text>The Board may grant a waiver under this section only if the applicant:</text> <level label="1"> <text>Pays the application fee set by the Board under § 13-305 of this subtitle; and</text> </level> <level label="2"> <text>Provides adequate evidence that the applicant:</text> <level label="i"> <text>Meets the qualifications otherwise required by this title; and</text> </level> <level label="ii"> <text>Became licensed or otherwise authorized in the other state after passing in that or any other state a national licensing examination with a passing score as high as that required of Maryland applicants.</text> </level> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="13-308" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>Subject to subsection (d) of this section, the Board shall issue the appropriate license to an applicant who meets the requirements of this title for that license.</text> </level> <level label="b"> <level label="1"> <text>Except as otherwise provided in this subsection, each licensee shall display the license conspicuously in the licensee’s office so that it may be seen by patients.</text> </level> <level label="2"> <text>A licensee who works in a setting outside the licensee’s office, other than a hospital or a related institution, as defined in § 19-301 of the Health - General Article, shall present the wallet sized renewal card as evidence of current licensure to a patient at the beginning of the licensee’s initial visit to the patient.</text> </level> <level label="3"> <text>A hospital or a related institution that provides physical therapy services shall display a notice in the reception room of the physical therapy treatment area stating that evidence of current licensure for each licensee is on file and may be reviewed by a patient on request.</text> </level> </level> <level label="c"> <text>Each licensee shall give the Board immediate written notice of any change of address.</text> </level> <level label="d"> <level label="1"> <text>On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 13–302.1 of this subtitle, in determining whether to grant a license, the Board shall consider:</text> <level label="i"> <text>The age at which the crime was committed;</text> </level> <level label="ii"> <text>The circumstances surrounding the crime;</text> </level> <level label="iii"> <text>The length of time that has passed since the crime;</text> </level> <level label="iv"> <text>Subsequent work history;</text> </level> <level label="v"> <text>Employment and character references; and</text> </level> <level label="vi"> <text>Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety.</text> </level> </level> <level label="2"> <text>The Board may not issue a license if the criminal history record information required under § 13–302.1 of this subtitle has not been received.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="13-309" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <text>A physical therapy license authorizes the licensee to practice physical therapy while the license is effective.</text> </section> <section article="gho" article_name="Health Occupations" number="13-310" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>Subject to subsection (b) of this section, a physical therapist assistant license authorizes the licensee to practice limited physical therapy while the license is effective.</text> </level> <level label="b"> <text>A licensed physical therapist assistant may practice limited physical therapy only under the direction of a licensed physical therapist who gives ongoing supervision and instruction that is adequate to ensure the safety and welfare of the patient.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-311" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <level label="1"> <text>A license expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section.</text> </level> <level label="2"> <text>A license may not be renewed for a term longer than 2 years.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, at least 1 month before the license expires, the Board shall send to the licensee, by electronic means to the last known e–mail address of the licensee, a renewal notice that states:</text> <level label="i"> <text>The date on which the current license expires;</text> </level> <level label="ii"> <text>The date by which the renewal application must be received by the Board for the renewal to be issued before the license expires; and</text> </level> <level label="iii"> <text>The amount of the renewal fee.</text> </level> </level> <level label="2"> <text>If requested by a licensee, the Board shall send to the licensee a renewal notice by first–class mail to the last known address of the licensee.</text> </level> <level label="3"> <text>If a renewal notice sent by electronic means under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall send to the licensee a renewal notice by first–class mail to the last known address of the licensee.</text> </level> </level> <level label="c"> <text>Before the license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:</text> <level label="1"> <text>Otherwise is entitled to be licensed;</text> </level> <level label="2"> <text>Pays to the Board a renewal fee set by the Board; and</text> </level> <level label="3"> <text>Submits to the Board:</text> <level label="i"> <text>A renewal application on the form that the Board requires; and</text> </level> <level label="ii"> <text>Satisfactory evidence of compliance with the other qualifications set under this title for license renewal.</text> </level> </level> </level> <level label="d"> <text>The Board may adopt regulations to establish continuing education requirements as a condition for the renewal of licenses under this section.</text> </level> <level label="e"> <text>Beginning July 1, 2027, the Board shall require all licensees who were initially licensed without a criminal history records check to submit to a criminal history records check in accordance with § 13–302.1 of this subtitle on renewal as set forth in regulations adopted by the Board.</text> </level> <level label="f"> <text>The Board shall renew the license of each licensee who meets the requirements of this section.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-312" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <level label="1"> <text>Within 3 years after a license has expired, the Board may reinstate the license if the licensee:</text> <level label="i"> <text>Was licensed by passing a Board approved national licensing examination;</text> </level> <level label="ii"> <text>Has not practiced physical therapy or limited physical therapy in this State during that period;</text> </level> <level label="iii"> <text>Otherwise is entitled to be licensed;</text> </level> <level label="iv"> <text>Pays to the Board the application fee set by the Board;</text> </level> <level label="v"> <text>Submits to the Board an application on the form required by the Board; and</text> </level> <level label="vi"> <text>Has met the continuing education requirements of § 13-311(d) of this subtitle.</text> </level> </level> <level label="2"> <text>The Board may not require the physical therapist or physical therapist assistant who qualifies for reinstatement under this subsection to be reexamined under § 13-306 of this subtitle.</text> </level> </level> <level label="b"> <text>The physical therapist or physical therapist assistant who does not qualify under subsection (a) of this section may not have the license reinstated. The physical therapist or physical therapist assistant may become licensed only by meeting the current requirements for obtaining a new license under this title.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-313" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>The Board may issue a temporary license to an applicant who, except for passing an examination otherwise required under this subtitle, has met the appropriate education and experience requirements of this subtitle for a physical therapist license or a physical therapy assistant license under § 13–302 of this subtitle.</text> </level> <level label="b"> <level label="1"> <text>A temporary license issued to an individual who has completed a physical therapy curriculum authorizes the holder to practice physical therapy under direct supervision while the temporary license is effective.</text> </level> <level label="2"> <text>A temporary license issued to an individual who has completed a physical therapy assistant curriculum authorizes the holder to practice limited physical therapy under direct supervision while the temporary license is effective.</text> </level> </level> <level label="c"> <text>A temporary license is valid until:</text> <level label="1"> <text>90 days after issuance;</text> </level> <level label="2"> <text>The Board issues a full license to practice physical therapy or limited physical therapy to the holder of the temporary license; or</text> </level> <level label="3"> <text>The Board revokes the temporary license.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="13-314" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>If an applicant is licensed or registered to practice physical therapy in any other state, the Board may waive the examination requirements of this subtitle and issue a restricted license if the applicant:</text> <level label="1"> <text>Pays to the Board the restricted license fee set by the Board;</text> </level> <level label="2"> <text>Submits to the Board an application on a form acceptable to the Board; and</text> </level> <level label="3"> <text>Meets any other requirement set by the Board.</text> </level> </level> <level label="b"> <text>A restricted license authorizes the holder to practice physical therapy in connection with:</text> <level label="1"> <text>Giving lectures or workshops on physical therapy; or</text> </level> <level label="2"> <text>Taking any short-term physical therapy study course that is approved by the Board.</text> </level> </level> <level label="c"> <text>A restricted license expires at the end of:</text> <level label="1"> <text>The lecture or workshop on physical therapy; or</text> </level> <level label="2"> <text>The short-term physical therapy study course that is approved by the Board.</text> </level> </level> <level label="d"> <text>The Board may not renew a restricted license. However, the holder of a restricted license may reapply to the Board for a new license.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-315" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>Unless the Board agrees to accept the surrender of a license, a licensed physical therapist, licensed physical therapist assistant, or holder of a restricted license or temporary license may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.</text> </level> <level label="b"> <text>The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.</text> </level> <level label="c"> <text>An individual whose license has been suspended or revoked by the Board shall return the license to the Board. If the suspended or revoked license has been lost, the individual shall file with the Board a statement verifying that the individual’s license has been lost.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-316" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <text>Subject to the hearing provisions of § 13–317 of this subtitle, the Board may deny a license or restricted license to any applicant, reprimand any licensee or holder of a restricted license, place any licensee or holder of a restricted license on probation, or suspend or revoke a license or restricted license if the applicant, licensee, or holder:</text> <level label="1"> <text>Fraudulently or deceptively obtains or attempts to obtain a license or restricted license for the applicant, licensee, or holder or for another;</text> </level> <level label="2"> <text>Fraudulently or deceptively uses a license or restricted license;</text> </level> <level label="3"> <text>Unless specifically licensed with respect to the treatment, treats or attempts to treat a health condition of a patient or client by means other than physical therapy;</text> </level> <level label="4"> <text>In the case of an individual who is authorized to practice physical therapy, is grossly negligent:</text> <level label="i"> <text>In the practice of physical therapy;</text> </level> <level label="ii"> <text>In the direction of an individual who is authorized to practice limited physical therapy; or</text> </level> <level label="iii"> <text>In the supervision of a physical therapy aide or holder of a temporary license;</text> </level> </level> <level label="5"> <text>In the case of an individual who is authorized to practice limited physical therapy:</text> <level label="i"> <text>Practices limited physical therapy other than as authorized by this title; or</text> </level> <level label="ii"> <text>Is grossly negligent while practicing limited physical therapy;</text> </level> </level> <level label="6"> <text>Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;</text> </level> <level label="7"> <text>Is convicted of a violation of a narcotic law;</text> </level> <level label="8"> <text>To an extent that impairs professional competence, habitually uses any:</text> <level label="i"> <text>Drug; or</text> </level> <level label="ii"> <text>Alcoholic beverage;</text> </level> </level> <level label="9"> <text>Pays or agrees to pay any sum to any person for bringing or referring a patient;</text> </level> <level label="10"> <text>Is disciplined by a licensing or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;</text> </level> <level label="11"> <text>Practices physical therapy or limited physical therapy with an unauthorized person or supervises or aids an unauthorized person in the practice of physical therapy or limited physical therapy;</text> </level> <level label="12"> <text>Willfully makes or files a false report or record in the practice of physical therapy or limited physical therapy;</text> </level> <level label="13"> <text>Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;</text> </level> <level label="14"> <text>Submits a false statement to collect a fee;</text> </level> <level label="15"> <text>Violates any provision of this title or rule or regulation adopted by the Board;</text> </level> <level label="16"> <text>Uses or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial;</text> </level> <level label="17"> <text>Is professionally, physically, or mentally incompetent;</text> </level> <level label="18"> <text>Promotes the sale of devices, appliances, or goods to a patient or client so as to exploit the patient or client for financial gain;</text> </level> <level label="19"> <text>Commits an act of unprofessional conduct in the practice of physical therapy or limited physical therapy;</text> </level> <level label="20"> <text>Grossly overutilizes health care services;</text> </level> <level label="21"> <text>Is convicted under insurance fraud as defined in § 27–801 of the Insurance Article;</text> </level> <level label="22"> <text>Refuses, withholds from, denies, or discriminates against a patient or client with regard to the provision of professional services for which the licensee is licensed and qualified to render because the patient or client is HIV positive;</text> </level> <level label="23"> <text>Provides professional services while:</text> <level label="i"> <text>Under the influence of alcohol; or</text> </level> <level label="ii"> <text>Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;</text> </level> </level> <level label="24"> <text>Willfully and without legal justification, fails to cooperate with a lawful investigation conducted by the Board;</text> </level> <level label="25"> <text>Fails to meet accepted standards in delivering physical therapy or limited physical therapy care;</text> </level> <level label="26"> <text>Fails to submit to a criminal history records check in accordance with § 13–302.1 of this subtitle; or</text> </level> <level label="27"> <text>In the case of an individual who holds a temporary license to practice physical therapy or limited physical therapy, practices physical therapy or limited physical therapy without direct supervision.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-316.1" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>If in investigating an allegation brought against a licensee under this title, there is good cause to believe that the physical or mental condition of the licensee may adversely affect the ability of the licensee to practice physical therapy or limited physical therapy, the Board may require the licensee to submit to appropriate medical or psychological examination, testing, or evaluation by a health care provider designated by the Board.</text> </level> <level label="b"> <text>In return for the privilege to practice physical therapy or limited physical therapy, a licensee is deemed to:</text> <level label="1"> <text>Consent to be examined, tested, or evaluated pursuant to this section; and</text> </level> <level label="2"> <text>Waive objection to the receipt of and consideration by the Board of the results of any examinations, tests, or evaluations conducted by, and the reports and testimony of, the examining health care provider.</text> </level> </level> <level label="c"> <text>The failure or refusal of the licensee to submit to an examination required under subsection (b) of this section may be considered as evidence of the inability of the licensee to practice competently, unless the Board finds that the failure or refusal was beyond the control of the licensee.</text> </level> <level label="d"> <text>The Board shall pay the cost of all examinations, tests, and evaluations performed pursuant to this section.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-317" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 13-316 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.</text> </level> <level label="b"> <text>The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.</text> </level> <level label="c"> <text>The individual may be represented at the hearing by counsel.</text> </level> <level label="d"> <level label="1"> <text>The chairman of the Board may delegate authority to conduct a hearing to a committee consisting of three or more Board members.</text> </level> <level label="2"> <text>The committee shall:</text> <level label="i"> <text>Hold an evidentiary hearing; and</text> </level> <level label="ii"> <text>Prepare a recommended decision for consideration by a quorum of the Board, which may include members of the committee.</text> </level> </level> <level label="3"> <text>The committee shall give each party the opportunity to file exceptions and present argument to the Board regarding the decision of the committee.</text> </level> </level> <level label="e"> <text>Over the signature of an officer or the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.</text> </level> <level label="f"> <text>If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.</text> </level> <level label="g"> <text>If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-318" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>Except as provided in this section for an action under § 13–316 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.</text> </level> <level label="b"> <text>Any person aggrieved by a final decision of the Board under § 13–316 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-318.1" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>An action may be maintained in the name of this State or the Board to enjoin:</text> <level label="1"> <text>The unauthorized practice of physical therapy; or</text> </level> <level label="2"> <text>Conduct that is ground for disciplinary action under § 13-316 of this subtitle.</text> </level> </level> <level label="b"> <text>An action under this section may be brought by:</text> <level label="1"> <text>The Board in its own name;</text> </level> <level label="2"> <text>The Attorney General, in the name of the State; or</text> </level> <level label="3"> <text>A State’s Attorney, in the name of the State.</text> </level> </level> <level label="c"> <text>An action under this section may be brought in the county where the defendant resides or engaged in the act sought to be enjoined.</text> </level> <level label="d"> <text>Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.</text> </level> <level label="e"> <text>An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of physical therapy under § 13-401 of this title or disciplinary action under § 13-316 of this subtitle.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-319" title_number="13" title_name="Physical Therapists" subtitle_number="3"> <level label="a"> <text>In this section, “physical therapist rehabilitation committee” means a committee that:</text> <level label="1"> <text>Is defined in subsection (b) of this section; and</text> </level> <level label="2"> <text>Performs any of the functions listed in subsection (c) of this section.</text> </level> </level> <level label="b"> <text>For purposes of this section, a physical therapist rehabilitation committee is a committee of the American Physical Therapy Association of Maryland, Inc. that:</text> <level label="1"> <text>Is recognized by the Board; and</text> </level> <level label="2"> <text>Is composed of physical therapists.</text> </level> </level> <level label="c"> <text>For purposes of this section, a physical therapist rehabilitation committee evaluates and provides assistance to any physical therapist and physical therapist assistant in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.</text> </level> <level label="d"> <level label="1"> <text>Except as otherwise provided in this section, the proceedings, records, and files of the physical therapist rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the physical therapist rehabilitation committee.</text> </level> <level label="2"> <text>Paragraph (1) of this subsection does not apply to any record or document that is considered by the physical therapist rehabilitation committee and that otherwise would be subject to discovery and introduction into evidence in a civil trial.</text> </level> <level label="3"> <text>For the purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.</text> </level> </level> <level label="e"> <text>A person who acts in good faith and within the scope of jurisdiction of a physical therapist rehabilitation committee is not civilly liable for any action as a member of the physical therapist rehabilitation committee or for giving information to, participating in, or contributing to the function of the physical therapist rehabilitation committee.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-3A-01" title_number="13" title_name="Physical Therapists" subtitle_number="3A" subtitle_name="Interstate Physical Therapy Licensure Compact"> <text>The Interstate Physical Therapy Licensure Compact is enacted into law and entered into with all other states legally joining in it in the form substantially as it appears in this section as follows: </text> <text>SECTION 1. PURPOSE</text> <text>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. This Compact is designed to achieve the following objectives: </text> <level label="1"> <text>Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;</text> </level> <level label="2"> <text>Enhance the states’ ability to protect the public’s health and safety;</text> </level> <level label="3"> <text>Encourage the cooperation of member states in regulating multi–state physical therapy practice;</text> </level> <level label="4"> <text>Support spouses of relocating military members;</text> </level> <level label="5"> <text>Enhance the exchange of licensure, investigative, and disciplinary information between member states; and</text> </level> <level label="6"> <text>Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.</text> <text>SECTION 2. DEFINITIONS </text> <text>As used in this Compact, and except as otherwise provided, the following definitions shall apply: </text> </level> <level label="1"> <text>“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. Section 1209 and 1211.</text> </level> <level label="2"> <text>“Adverse action” means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.</text> </level> <level label="3"> <text>“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.</text> </level> <level label="4"> <text>“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.</text> </level> <level label="5"> <text>“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.</text> </level> <level label="6"> <text>“Data system” means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.</text> </level> <level label="7"> <text>“Encumbered license” means a license that a physical therapy licensing board has limited in any way.</text> </level> <level label="8"> <text>“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.</text> </level> <level label="9"> <text>“Home state” means the member state that is the licensee’s primary state of residence.</text> </level> <level label="10"> <text>“Investigative information” means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.</text> </level> <level label="11"> <text>“Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of physical therapy in a state.</text> </level> <level label="12"> <text>“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.</text> </level> <level label="13"> <text>“Member state” means a state that has enacted the Compact.</text> </level> <level label="14"> <text>“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.</text> </level> <level label="15"> <text>“Physical therapist” means an individual who is licensed by a state to practice physical therapy.</text> </level> <level label="16"> <text>“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.</text> </level> <level label="17"> <text>“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.</text> </level> <level label="18"> <text>“Physical Therapy Compact Commission” or “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact.</text> </level> <level label="19"> <text>“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.</text> </level> <level label="20"> <text>“Remote State” means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.</text> </level> <level label="21"> <text>“Rule” means a regulation, principle, or directive promulgated by the Commission that has the force of law.</text> </level> <level label="22"> <text>“State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.</text> <text>SECTION 3. STATE PARTICIPATION IN THE COMPACT </text> </level> <level label="a"> <text>To participate in the Compact, a state must:</text> <level label="1"> <text>Participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules;</text> </level> <level label="2"> <text>Have a mechanism in place for receiving and investigating complaints about licensees;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>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;</text> </level> <level label="5"> <text>Comply with the rules of the Commission;</text> </level> <level label="6"> <text>Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and</text> </level> <level label="7"> <text>Have continuing competence requirements as a condition for license renewal.</text> </level> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <level label="1"> <text>Subject to paragraph (2) of this subsection, member states may charge a fee for granting a compact privilege.</text> </level> <level label="2"> <text>The Board shall charge a fee for granting a Compact privilege.</text> <text>SECTION 4. COMPACT PRIVILEGE </text> </level> </level> <level label="a"> <text>To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:</text> <level label="1"> <text>Hold a license in the home state;</text> </level> <level label="2"> <text>Have no encumbrance on any state license;</text> </level> <level label="3"> <text>Be eligible for a compact privilege in any member state in accordance with subsections (d), (g), and (h) of this section;</text> </level> <level label="4"> <text>Have not had any adverse action against any license or compact privilege within the previous 2 years;</text> </level> <level label="5"> <text>Notify the Commission that the licensee is seeking the compact privilege within a remote state(s);</text> </level> <level label="6"> <text>Pay any applicable fees, including any state fee, for the compact privilege;</text> </level> <level label="7"> <text>Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and</text> </level> <level label="8"> <text>Report to the Commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.</text> </level> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:</text> <level label="1"> <text>The home state license is no longer encumbered; and</text> </level> <level label="2"> <text>Two years have elapsed from the date of the adverse action.</text> </level> </level> <level label="f"> <text>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.</text> </level> <level label="g"> <text>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:</text> <level label="1"> <text>The specific period of time for which the compact privilege was removed has ended;</text> </level> <level label="2"> <text>All fines have been paid; and</text> </level> <level label="3"> <text>Two years have elapsed from the date of the adverse action.</text> </level> </level> <level label="h"> <text>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.</text> <text>SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES </text> <text>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: </text> <level label="1"> <text>Home of record;</text> </level> <level label="2"> <text>Permanent Change of Station (PCS); or</text> </level> <level label="3"> <text>State of current residence if it is different than the PCS state or home of record.</text> <text>SECTION 6. ADVERSE ACTIONS </text> </level> </level> <level label="a"> <text>A home state shall have exclusive power to impose adverse action against a license issued by the home state.</text> </level> <level label="b"> <text>A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>A remote state shall have the authority to:</text> <level label="1"> <text>Take adverse actions as set forth in Section 4(d) against a licensee’s compact privilege in the state;</text> </level> <level label="2"> <text>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; and</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="f"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.</text> <text>SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION </text> </level> </level> <level label="a"> <text>The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission.</text> <level label="1"> <text>The Commission is an instrumentality of the Compact states.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>Nothing in this Compact shall be construed to be a waiver of sovereign immunity.</text> </level> </level> <level label="b"> <level label="1"> <text>Each member state shall have and be limited to one delegate selected by that member state’s licensing board.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.</text> </level> <level label="4"> <text>The member state board shall fill any vacancy occurring in the Commission.</text> </level> <level label="5"> <text>Each delegate shall be entitled to one (1) 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.</text> </level> <level label="6"> <text>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.</text> </level> <level label="7"> <text>The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.</text> </level> </level> <level label="c"> <text>The Commission shall have the following powers and duties:</text> <level label="1"> <text>Establish the fiscal year of the Commission;</text> </level> <level label="2"> <text>Establish bylaws;</text> </level> <level label="3"> <text>Maintain its financial records in accordance with the bylaws;</text> </level> <level label="4"> <text>Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;</text> </level> <level label="5"> <text>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;</text> </level> <level label="6"> <text>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;</text> </level> <level label="7"> <text>Purchase and maintain insurance and bonds;</text> </level> <level label="8"> <text>Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;</text> </level> <level label="9"> <text>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;</text> </level> <level label="10"> <text>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;</text> </level> <level label="11"> <text>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;</text> </level> <level label="12"> <text>Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;</text> </level> <level label="13"> <text>Establish a budget and make expenditures;</text> </level> <level label="14"> <text>Borrow money;</text> </level> <level label="15"> <text>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;</text> </level> <level label="16"> <text>Provide and receive information from, and cooperate with, law enforcement agencies;</text> </level> <level label="17"> <text>Establish and elect an Executive Board; and</text> </level> <level label="18"> <text>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.</text> </level> </level> <level label="d"> <text>The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact.</text> <level label="1"> <text>The Executive Board shall be composed of nine members:</text> <level label="i"> <text>Seven voting members who are elected by the Commission from the current membership of the Commission;</text> </level> <level label="ii"> <text>One ex–officio, nonvoting member from the recognized national physical therapy professional association; and</text> </level> <level label="iii"> <text>One ex–officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.</text> </level> </level> <level label="2"> <text>The ex–officio members will be selected by their respective organizations.</text> </level> <level label="3"> <text>The Commission may remove any member of the Executive Board as provided in bylaws.</text> </level> <level label="4"> <text>The Executive Board shall meet at least annually.</text> </level> <level label="5"> <text>The Executive Board shall have the following duties and responsibilities:</text> <level label="i"> <text>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;</text> </level> <level label="ii"> <text>Ensure Compact administration services are appropriately provided, contractual or otherwise;</text> </level> <level label="iii"> <text>Prepare and recommend the budget;</text> </level> <level label="iv"> <text>Maintain financial records on behalf of the Commission;</text> </level> <level label="v"> <text>Monitor Compact compliance of member states and provide compliance reports to the Commission;</text> </level> <level label="vi"> <text>Establish additional committees as necessary; and</text> </level> <level label="vii"> <text>Other duties as provided in rules or bylaws.</text> </level> </level> </level> <level label="e"> <level label="1"> <text>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 9.</text> </level> <level label="2"> <text>The Commission, the Executive Board, or other committees of the Commission may convene in a closed, non–public meeting if the Commission, Executive Board, or other committees of the Commission must discuss:</text> <level label="i"> <text>Noncompliance of a member state with its obligations under the Compact;</text> </level> <level label="ii"> <text>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;</text> </level> <level label="iii"> <text>Current, threatened, or reasonably anticipated litigation;</text> </level> <level label="iv"> <text>Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;</text> </level> <level label="v"> <text>Accusing any person of a crime or formally censuring any person;</text> </level> <level label="vi"> <text>Disclosure of trade secrets or commercial or financial information that is privileged or confidential;</text> </level> <level label="vii"> <text>Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;</text> </level> <level label="viii"> <text>Disclosure of investigative records compiled for law enforcement purposes;</text> </level> <level label="ix"> <text>Disclosure of information related to any investigative reports prepared by, 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</text> </level> <level label="x"> <text>Matters specifically exempted from disclosure by federal or member state statute.</text> </level> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> </level> <level label="f"> <level label="1"> <text>The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.</text> </level> <level label="2"> <text>The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>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.</text> </level> </level> <level label="g"> <level label="1"> <text>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 paragraph 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.</text> </level> <level label="2"> <text>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 his or her 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.</text> </level> <level label="3"> <text>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.</text> <text>SECTION 8. DATA SYSTEM </text> </level> </level> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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:</text> <level label="1"> <text>Identifying information;</text> </level> <level label="2"> <text>Licensure data;</text> </level> <level label="3"> <text>Adverse actions against a license or compact privilege;</text> </level> <level label="4"> <text>Nonconfidential information related to alternative program participation;</text> </level> <level label="5"> <text>Any denial of application for licensure, and the reason(s) for such denial; and</text> </level> <level label="6"> <text>Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.</text> </level> </level> <level label="c"> <text>Investigative information pertaining to a licensee in any member state will only be available to other party states.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>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.</text> </level> <level label="f"> <text>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.</text> <text>SECTION 9. RULEMAKING </text> </level> <level label="a"> <text>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.</text> </level> <level label="b"> <text>If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.</text> </level> <level label="c"> <text>Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.</text> </level> <level label="d"> <text>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 on the website of:</text> <level label="1"> <text>The Commission or other publicly accessible platform; and</text> </level> <level label="2"> <text>Each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.</text> </level> </level> <level label="e"> <text>The Notice of Proposed Rulemaking shall include:</text> <level label="1"> <text>The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;</text> </level> <level label="2"> <text>The text of the proposed rule or amendment and the reason for the proposed rule;</text> </level> <level label="3"> <text>A request for comments on the proposed rule from any interested person; and</text> </level> <level label="4"> <text>The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.</text> </level> </level> <level label="f"> <text>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.</text> </level> <level label="g"> <text>The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:</text> <level label="1"> <text>At least 25 persons;</text> </level> <level label="2"> <text>A state or federal governmental subdivision or agency; or</text> </level> <level label="3"> <text>An association having at least 25 members.</text> </level> </level> <level label="h"> <text>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.</text> <level label="1"> <text>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 5 business days before the scheduled date of the hearing.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>All hearings will be recorded. A copy of the recording will be made available on request.</text> </level> <level label="4"> <text>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.</text> </level> </level> <level label="i"> <text>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.</text> </level> <level label="j"> <text>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.</text> </level> <level label="k"> <text>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.</text> </level> <level label="l"> <text>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:</text> <level label="1"> <text>Meet an imminent threat to public health, safety, or welfare;</text> </level> <level label="2"> <text>Prevent a loss of Commission or member state funds;</text> </level> <level label="3"> <text>Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or</text> </level> <level label="4"> <text>Protect public health and safety.</text> </level> </level> <level label="m"> <text>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.</text> <text>SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT </text> </level> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="b"> <level label="1"> <text>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:</text> <level label="i"> <text>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</text> </level> <level label="ii"> <text>Provide remedial training and specific technical assistance regarding the default.</text> </level> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>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.</text> </level> <level label="6"> <text>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.</text> </level> </level> <level label="c"> <level label="1"> <text>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 nonmember states.</text> </level> <level label="2"> <text>The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.</text> </level> </level> <level label="d"> <level label="1"> <text>The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> <text>SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT </text> </level> </level> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>Any member state may withdraw from this Compact by enacting a statute repealing the same.</text> <level label="1"> <text>A member state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="d"> <text>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 non–member state that does not conflict with the provisions of this Compact.</text> </level> <level label="e"> <text>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.</text> <text>SECTION 12. CONSTRUCTION AND SEVERABILITY </text> <text>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. </text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-401" title_number="13" title_name="Physical Therapists" subtitle_number="4" subtitle_name="Prohibited Acts; Penalty"> <level label="a"> <text>Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice physical therapy in this State unless licensed to practice physical therapy by the Board.</text> </level> <level label="b"> <text>Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice limited physical therapy in this State unless licensed to practice limited physical therapy by the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-402" title_number="13" title_name="Physical Therapists" subtitle_number="4" subtitle_name="Prohibited Acts; Penalty"> <level label="a"> <text>Unless licensed to practice physical therapy under this title, a person may not represent to the public by title that the person is licensed to practice physical therapy in this State.</text> </level> <level label="b"> <text>Unless licensed to practice physical therapy under this title, a person may not use the abbreviation “P.T.” or any other word, letter, or symbol approved by the Board with the intent to represent that the person practices physical therapy.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-403" title_number="13" title_name="Physical Therapists" subtitle_number="4" subtitle_name="Prohibited Acts; Penalty"> <level label="a"> <text>Unless licensed to practice limited physical therapy under this title, a person may not represent to the public by title that the person is licensed to practice limited physical therapy in this State.</text> </level> <level label="b"> <text>Unless licensed to practice limited physical therapy under this title, a person may not use the abbreviation “P.T.A.” or any other word, letter, or symbol approved by the Board with the intent to represent that the person practices limited physical therapy.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-404" title_number="13" title_name="Physical Therapists" subtitle_number="4" subtitle_name="Prohibited Acts; Penalty"> <text>Unless under the direction of a licensed physical therapist, a physical therapist assistant may not practice limited physical therapy.</text> </section> <section article="gho" article_name="Health Occupations" number="13-407" title_number="13" title_name="Physical Therapists" subtitle_number="4" subtitle_name="Prohibited Acts; Penalty"> <level label="a"> <text>A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 3 years or both.</text> </level> <level label="b"> <level label="1"> <text>Any person who violates § 13–401 of this subtitle is subject to a civil fine of not more than $50,000 to be assessed by the Board.</text> </level> <level label="2"> <text>The Board shall pay any penalty collected under this subsection into the State Board of Physical Therapy Examiners Fund.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="13-407.1" title_number="13" title_name="Physical Therapists" subtitle_number="4" subtitle_name="Prohibited Acts; Penalty"> <text>If, after a hearing under § 13-317 of this title, the Board finds that there are grounds under § 13-316 of this title to suspend or revoke a license to practice physical therapy or limited physical therapy, to reprimand a licensee, or to refuse to license an applicant, the Board may impose a penalty not exceeding $5,000 in addition to suspending or revoking the license or reprimanding the licensee.</text> </section> <section article="gho" article_name="Health Occupations" number="13-408" title_number="13" title_name="Physical Therapists" subtitle_number="4" subtitle_name="Prohibited Acts; Penalty"> <level label="a"> <text>Each court shall report to the Board each conviction of or entry of a plea of guilty or nolo contendere by a physical therapist or physical therapist assistant for any felony or crime involving moral turpitude.</text> </level> <level label="b"> <text>The court shall submit the report within 10 days of the conviction or entry of the plea.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="13-501" title_number="13" title_name="Physical Therapists" subtitle_number="5" subtitle_name="Short Title; Termination of Title"> <text>This title may be cited as the “Maryland Physical Therapy Act”.</text> </section> <section article="gho" article_name="Health Occupations" number="13-502" title_number="13" title_name="Physical Therapists" subtitle_number="5" subtitle_name="Short Title; Termination of Title"> <text>Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all rules and regulations adopted under this title shall terminate and be of no effect after July 1, 2030.</text> </section>