An Act to Establish the Physical Therapy Licensure Compact
Maine Legislature, Session 131, LD 1749
Committee: Health Coverage, Insurance and Financial Services
Sponsors: BRENNER, MATHIESON, BENNETT, HICKMAN, STEWART, ARFORD, GATTINE, GRAHAM, MASTRACCIO, MURPHY
Amends: 25 MRSA §1542-A, 32 MRSA §3114-D

Legislative Document
No. 1749
S.P. 694
In Senate, April 20, 2023
An Act to Establish the Physical Therapy Licensure Compact
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRENNER of Cumberland.
Cosponsored by Representative MATHIESON of Kittery and
Senators: BENNETT of Oxford, HICKMAN of Kennebec, STEWART of Aroostook, 
Representatives: ARFORD of Brunswick, GATTINE of Westbrook, GRAHAM of North 
Yarmouth, MASTRACCIO of Sanford, MURPHY of Scarborough.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  32 MRSA c. 149 is enacted to read:
CHAPTER 149
PHYSICAL THERAPY LICENSURE COMPACT
§18701.  Short title
This chapter may be known and cited as "the Physical Therapy Licensure Compact," 
referred to in this chapter as "the compact."
§18702. Purpose
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 is located at the time of the physical therapy 
services. 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:
1.  License recognition.  Increase public access to physical therapy services by 
providing for the mutual recognition of other member state licenses;
2.  State powers.  Enhance the states' ability to protect the public's health and safety;
3.  Multistate practice.  Encourage the cooperation of member states in regulating 
multistate physical therapy practice;
4.  Military spouses.  Support spouses of relocating active duty military personnel;
5. Information exchange.  Enhance the exchange of licensure, investigative and 
disciplinary information among member states; and
6.  Compact privilege.  Allow a remote state to hold a provider of services with a 
compact privilege in that state accountable to that state's practice standards.
§18703. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Active duty military.  "Active duty military" means full-time duty status in the 
active uniformed service of the United States, including members of the National Guard 
and Reserves of the United States Armed Forces on active duty orders pursuant to 10 
United States Code, Chapters 1209 and 1211.
2.  Adverse action.  "Adverse action" means disciplinary action taken by a physical 
therapy licensing board based upon misconduct, unacceptable performance or a 
combination of both.
3.  Alternative program.  "Alternative program" means a nondisciplinary monitoring 
or practice remediation process approved by a physical therapy licensing board, including, 
but not limited to, addressing substance use disorder issues.
4.  Compact privilege.  "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 is 
located at the time of the physical therapy services.
5.  Continuing competence.  "Continuing competence" means a requirement, as a 
condition of license renewal, to provide evidence of participation in, or completion of, 
educational and professional activities relevant to practice or area of work.
6.  Data system.  "Data system" means a repository of information about licensees, 
including examination, licensure, investigative, compact privilege and adverse action 
information.
7.  Encumbered license.  "Encumbered license" means a license that a physical 
therapy licensing board has limited in any way.
8.  Executive board.  "Executive board" means a group of directors elected or 
appointed to act on behalf of, and within the powers granted to them by, the commission.
9.  Home state.  "Home state" means the member state that is the licensee's primary 
state of residence.
10.  Investigative information.  "Investigative information" means information, 
records and documents received or generated by a physical therapy licensing board 
pursuant to an investigation.
11.  Jurisprudence requirement.  "Jurisprudence requirement" means the assessment 
of an individual's knowledge of the laws and rules governing the practice of physical 
therapy in a state.
12.  Licensee.  "Licensee" means an individual who currently holds an authorization 
from a state to practice as a physical therapist or to work as a physical therapist assistant.
13.  Member state.  "Member state" means a state that has enacted the compact.
14.  Party state.  "Party state" means any member state in which a licensee holds a 
current license or compact privilege or is applying for a license or compact privilege.
15.  Physical therapist.  "Physical therapist" means an individual who is licensed by 
a state to practice physical therapy.
16.  Physical therapist assistant.  "Physical therapist assistant" means an individual 
who is licensed or certified by a state and who assists a physical therapist in selected 
components of physical therapy.
17.  Physical therapy, physical therapy practice or the practice of physical 
therapy.  "Physical therapy," "physical therapy practice" or "the practice of physical 
therapy" means the care and services provided by or under the direction and supervision of 
a licensed physical therapist.
18.  Physical therapy compact commission or commission.  "Physical therapy 
compact commission" or "commission" means the national administrative body whose 
membership consists of all states that have enacted the compact pursuant to section 18708.
19.  Physical therapy licensing board or licensing board.  "Physical therapy 
licensing board" or "licensing board" means the agency of a state that is responsible for the 
licensing and regulation of physical therapists and physical therapist assistants.
20.  Remote state.  "Remote state" means a member state other than the home state 
where a licensee is exercising or seeking to exercise the compact privilege.
21.  Rule.  "Rule" means a regulation, principle or directive promulgated by the 
commission that has the force of law.
22.  State.  "State" means any state, commonwealth, district or territory of the United 
States that regulates the practice of physical therapy.
§18704. State participation in the compact
1.  Participation requirements.  To participate in the compact, a state must:
A.  Participate fully in the commission's data system, including using the commission's 
unique identifier as defined in rules;
B.  Have a mechanism in place for receiving and investigating complaints about 
licensees;
C.  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;
D.  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 2;
E.  Comply with the rules of the commission;
F.  Utilize a recognized national examination as a requirement for licensure pursuant 
to the rules of the commission; and
G.  Have continuing competence requirements as a condition for license renewal.
2.  Biometric-based information.  Upon adoption of this compact, the member state 
has 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 United States Code, Section 534 and 
United States Code, Section 14616.
3.  Compact privilege.  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.
4.  Fees.  Member states may charge a fee for granting a compact privilege.
§18705. Compact privilege
1.  Compact privilege.  To exercise the compact privilege under the terms and 
provisions of the compact, the licensee:
A.  Must hold a license in the home state;
B.  May not have an encumbrance on any state license;
C.  Must be eligible for a compact privilege in any member state in accordance with 
subsections 4, 7 and 8;
D.  May not have an adverse action against any license or compact privilege within the 
previous 2 years;
E.  Must notify the commission that the licensee is seeking the compact privilege within 
a remote state;
F.  Must pay any applicable fees, including any state fee, for the compact privilege;
G.  Must meet any jurisprudence requirements established by the remote state in which 
the licensee is seeking a compact privilege; and
H.  Must report to the commission adverse action taken by any nonmember state within 
days from the date the adverse action is taken.
2.  Validity.  The compact privilege is valid until the expiration date of the home state 
license. The licensee must comply with the requirements of subsection 1 to maintain the 
compact privilege in the remote state.
3.  Laws and regulations.  A licensee providing physical therapy in a remote state 
under the compact privilege shall function within the laws and regulations of the remote 
state.
4.  Regulation.  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 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 member 
state until the specific time for removal has passed and all fines are paid.
5.  Encumbrance.  If a home state license is encumbered, the licensee must lose the 
compact  privilege in any remote state until the following occur:
A.  The home state license is no longer encumbered; and
B.  Two years have elapsed from the date of the adverse action.
6.  Restoration after encumbrance.  Once an encumbered license in the home state 
is restored to good standing, the licensee must meet the requirements of subsection 1 to 
obtain a compact privilege in any remote state.
7.  Removal.  If a licensee's compact privilege in any remote state is removed, the 
individual must lose the compact privilege in any remote state until the following occur:
A.  The specific period of time for which the compact privilege was removed has 
ended;
B.  All fines have been paid; and
C.  Two years have elapsed from the date of the adverse action.
8.  Restoration after removal.  Once the requirements of subsection 7 have been met, 
the licensee must meet the requirements in subsection 1 to obtain a compact privilege in a 
remote state.
§18706.  Active duty military personnel or their spouses
A licensee who is active duty military or is the spouse of an individual who is active 
duty military may designate one of the following as the home state:
1.  Home of record.  Home of record;
2.  Permanent change of station.  Permanent change of station; or
3.  Current residence.  State of current residence if it is different than the permanent 
change of station state or home of record.
§18707. Adverse actions
1.  Adverse action authority.  A home state has exclusive power to take adverse action 
against a license issued by the home state.
2.  Remote state investigative information.  A home state may take adverse action 
based on the investigative information of a remote state, as long as the home state follows 
the home state's procedures for taking adverse action.
3.  Alternative program.  Nothing in this compact overrides a member state's decision 
that participation in an alternative program may be used in lieu of adverse action and that 
such participation remains 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.
4.  Member state authority.  Any member state may investigate actual or alleged 
violations of the laws 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.
5.  Remote state authority.  A remote state has the authority to:
A.  Take adverse actions as set forth in section 18705, subsection 4 against a licensee's 
compact privilege in the state;
B.  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 
or the production of evidence from another party state must 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 laws of the state where the witnesses or evidence are located; and
C.  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.
6.  Joint investigations.  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.
Member states shall share any investigative, litigation or compliance materials in 
furtherance of any joint or individual investigation initiated under the compact.
§18708. Establishment of physical therapy compact commission
1.  Commission established.  The member states hereby create and establish a joint 
public agency known as the physical therapy compact commission.
A.  The commission is an instrumentality of the compact states.
B.  Venue is proper and judicial proceedings by or against the commission must 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.
C.  Nothing in this compact may be construed to be a waiver of sovereign immunity.
2.  Membership; voting; meetings.  Membership, voting and meetings are governed 
by this subsection.
A.  Each member state has and is limited to one delegate selected by that member state's 
licensing board.
B.  The delegate must be either:
(1)  A current member of the licensing board, who is a physical therapist, physical 
therapist assistant or public member; or
(2)  An administrator of the licensing board.
C.  Any delegate may be removed or suspended from office as provided by the law of 
the state from which the delegate is appointed.
D.  The member state licensing board shall fill any vacancy occurring on the 
commission.
E.  Each delegate is entitled to one vote with regard to the promulgation of rules and 
creation of bylaws and must otherwise have an opportunity to participate in the 
business and affairs of the commission.
F.  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.
G.  The commission shall meet at least once during each calendar year. Additional 
meetings must be held as set forth in the bylaws.
3.  Powers and duties.  The commission has the following powers and duties:
A.  Establish the fiscal year of the commission;
B.  Establish bylaws;
C.  Maintain its financial records in accordance with the bylaws;
D.  Meet and take such actions as are consistent with the provisions of this compact 
and the bylaws;
E.  Promulgate uniform rules to facilitate and coordinate implementation and 
administration of this compact. The rules have the force and effect of law and are 
binding in all member states;
F.  Bring and prosecute legal proceedings or actions in the name of the commission, as 
long as the standing of any state physical therapy licensing board to sue or be sued 
under applicable law is not affected;
G.  Purchase and maintain insurance and bonds;
H.  Borrow, accept or contract for services of personnel, including, but not limited to, 
employees of a member state;
I.  Hire employees, elect or appoint officers, fix compensation, define duties and grant 
such individuals appropriate authority to carry out the purposes of the compact and 
establish the commission's personnel policies and programs relating to conflicts of 
interest, qualifications of personnel and other related personnel matters;
J.  Accept appropriate donations and grants of money, equipment, supplies, materials 
and services and receive, utilize and dispose of the same, as long as at all times the 
commission avoids any appearance of impropriety or conflict of interest;
K.  Lease, purchase, accept appropriate gifts or donations of or otherwise own, hold, 
improve or use any property, real, personal or mixed, as long as at all times the 
commission avoids any appearance of impropriety;
L.  Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of 
any property, real, personal or mixed;
M.  Establish a budget and make expenditures;
N.  Borrow money;
O.  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;
P.  Provide and receive information from, and cooperate with, law enforcement 
agencies;
Q.  Establish and elect an executive board; and
R.  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.
4.  Executive board.  The establishment of an executive board is governed by this 
subsection.
A.  The executive board has the power to act on behalf of the commission according to 
the terms of this compact.
B.  The executive board is composed of 9 members:
(1)  Seven voting members who are elected by the commission from the current 
membership of the commission;
(2)  One ex officio, nonvoting member from a recognized national physical therapy 
professional association; and
(3)  One ex officio, nonvoting member from a recognized membership 
organization of physical therapy licensing boards.
C.  The ex officio members are selected by their respective organizations.
D.  The commission may remove any member of the executive board as provided in 
the bylaws.
E.  The executive board shall meet at least annually.
F.  The executive board has the following duties and responsibilities:
(1)  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;
(2)  Ensure compact administration services are appropriately provided, 
contractual or otherwise;
(3)  Prepare and recommend the budget;
(4)  Maintain financial records on behalf of the commission;
(5)  Monitor compact compliance of member states and provide compliance reports 
to the commission;
(6)  Establish additional committees as necessary; and
(7)  Other duties as provided in rules or the bylaws.
5.  Meetings of the commission.  Meetings of the commission are governed by this 
subsection.
A.  All meetings must be open to the public and public notice of meetings must be 
given in the same manner as required under the rule-making provisions in section 
18710.
B.  The commission or the executive board or other committees of the commission may 
convene in a closed, nonpublic meeting if the commission or executive board or other 
committees of the commission must discuss:
(1)  Noncompliance of a member state with its obligations under the compact;
(2)  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;
(3)  Current, threatened or reasonably anticipated litigation;
(4)  Negotiation of contracts for the purchase, lease or sale of goods, services or 
real estate;
(5)  Accusing any person of a crime or formally censuring any person;
(6)  Disclosure of trade secrets or commercial or financial information that is 
privileged or confidential;
(7)  Disclosure of information of a personal nature where disclosure would 
constitute a clearly unwarranted invasion of personal privacy;
(8)  Disclosure of investigative records compiled for law enforcement purposes;
(9)  Disclosure of information related to any investigative reports prepared by or 
on behalf of or for use of the commission or other committee charged with 
responsibility of investigation or determination of compliance issues pursuant to 
the compact; or
(10)  Matters specifically exempted from disclosure by federal or member state 
law.
C.  If a meeting, or portion of a meeting, is closed pursuant to paragraph B, the 
commission's legal counsel or designee shall certify that the meeting may be closed 
and shall reference each relevant exempting provision.
D.  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 must be identified in the minutes.  
All minutes and documents of a closed meeting must remain under seal, subject to 
release by a majority vote of the commission or order of a court of competent 
jurisdiction.
6.  Financing of the commission.  Financing of the commission is governed by this 
subsection.
A.  The commission shall pay, or provide for the payment of, the reasonable expenses 
of its establishment, organization and ongoing activities.
B.  The commission may accept any appropriate revenue sources, donations and grants 
of money, equipment, supplies, materials and services.
C.  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 must be allocated based upon a 
formula to be determined by the commission, which shall promulgate a rule binding 
upon all member states.
D.  The commission may not incur obligations of any kind prior to securing the funds 
adequate to meet the same, and the commission may not pledge the credit of any of the 
member states, except by and with the authority of the member state.
E.  The commission shall keep accurate accounts of all receipts and disbursements.  
The receipts and disbursements of the commission are subject to the audit and 
accounting procedures established under its bylaws; however, all receipts and 
disbursements of funds handled by the commission must be audited yearly by a 
certified or licensed public accountant, and the report of the audit must be included in 
and become part of the annual report of the commission.
7.  Qualified immunity; defense; indemnification.  Qualified immunity, defense and 
indemnification are governed by this subsection.
A.  The members, officers, executive director, employees and representatives of the 
commission are 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, except that nothing in this paragraph may be construed to protect any 
such person from suit or liability for any damage, loss, injury or liability caused by the 
intentional or willful or wanton misconduct of that person.
B.  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, except that nothing in this 
paragraph may be construed to prohibit that person from retaining that person's own 
counsel, as long as the actual or alleged act, error or omission did not result from that 
person's intentional or willful or wanton misconduct.
C.  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, as long as the 
actual or alleged act, error or omission did not result from the intentional or willful or 
wanton misconduct of that person.
§18709. Data system
1.  Database and reporting system.  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.
2.  Uniform data set submission.  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:
A.  Identifying information;
B.  Licensure data;
C.  Adverse actions against a licensee or compact privilege;
D.  Nonconfidential information related to alternative program participation;
E.  Any denial of application for licensure and the reasons for that denial; and
F.  Other information that may facilitate the administration of this compact, as 
determined by the rules of the commission.
3.  Investigative information availability.  Investigative information pertaining to a 
licensee in any member state may be made available only to other party states.
4.  Adverse action information.  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 must be available 
to any other member state.
5.  Confidential information.  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.
6.  Information expungement.  Any information submitted to the data system that is 
subsequently required to be expunged by the laws of the member state contributing the 
information must be removed from the data system.
§18710. Rulemaking
1.  Powers.  The commission shall exercise its rule-making powers pursuant to the 
criteria set forth in this section and the rules adopted thereunder. Rules and amendments 
become binding as of the date specified in each rule or amendment.
2.  Rule rejection.  If a majority of the legislatures of the member states rejects a rule, 
by enactment of a law or resolution in the same manner used to adopt the compact within 
years of the date of adoption of the rule, then that rule has no further force and effect in 
any member state.
3.  Rule adoption procedure.  Rules or amendments to the rules must be adopted at a 
regular or special meeting of the commission.
4.  Notice.  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:
A.  On the website of the commission or other publicly accessible platform; and
B.  On the website of each member state physical therapy licensing board or other 
publicly accessible platform or the publication in which each state would otherwise 
publish proposed rules.
5.  Notice requirements.  The notice of proposed rulemaking must include:
A.  The proposed time, date and location of the meeting in which the rule will be 
considered and voted upon;
B.  The text of the proposed rule or amendment and the reason for the proposed rule;
C.  A request for comments on the proposed rule from any interested person; and
D.  The manner in which interested persons may submit notice to the commission of 
their intention to attend the public hearing and any written comments.
6.  Public comment.  Prior to adoption of a proposed rule, the commission shall allow 
persons to submit written data, facts, opinions and arguments, which must be made 
available to the public.
7.  Public hearing.  The commission shall grant an opportunity for a public hearing 
before it adopts a rule or amendment if a hearing is requested by:
A.  At least 25 persons;
B.  A state or federal governmental subdivision or agency; or
C.  An association having at least 25 members.
8.  Hearing notice.  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.
A.  All persons wishing to be heard at the hearing must 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.
B.  Hearings must be conducted in a manner providing each person who wishes to 
comment a fair and reasonable opportunity to comment orally or in writing.
C.  All hearings must be recorded.  A copy of the recording must be made available on 
request.
D.  Nothing in this section may 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.
9.  Consideration.  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.
10.  Proceeding without public hearing.  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.
11.  Final action.  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 rule-making record and the full text of the rule.
12.  Emergency rulemaking.  Upon determination that an emergency exists, the 
commission may consider and adopt an emergency rule without prior notice, opportunity 
for comment or hearing, as long as the usual rule-making procedures provided in the 
compact and in this section are 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 subsection, "emergency rule" means a rule that must be adopted immediately in 
order to:
A.  Meet an imminent threat to public health, safety or welfare;
B.  Prevent a loss of commission or member state funds;
C.  Meet a deadline for the promulgation of an administrative rule that is established 
by federal law or rule; or
D.  Protect public health and safety.
13.  Rule revisions.  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 must be posted on the website of the commission.  The revision is 
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 must 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 takes effect without further 
action. If the revision is challenged, the revision may not take effect without the approval 
of the commission.
§18711. Oversight; dispute resolution; enforcement
1.  Oversight.  Oversight of the compact is governed by this subsection.
A.  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 have standing as statutory law.
B.  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 that may affect the powers, responsibilities or actions of the commission.
C.  The commission is entitled to receive service of process in any proceeding under 
paragraph B and has standing to intervene in such a proceeding for all purposes.  
Failure to provide service of process to the commission renders a judgment or order 
void as to the commission, this compact or promulgated rules.
2.  Default; technical assistance; termination.  Default, technical assistance and 
termination are governed by this subsection.
A.  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:
(1)  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 any other action 
to be taken by the commission; and
(2)  Provide remedial training and specific technical assistance regarding the 
default.
B.  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.
C.  Termination of membership in the compact may be imposed only after all other 
means of securing compliance have been exhausted.  Notice of intent to suspend or 
terminate must 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.
D.  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.
E.  The commission may 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.
F.  The defaulting state may appeal the action of the commission by petitioning the 
United States District Court for the District of Columbia or the federal district where 
the commission has its principal offices.  The prevailing member must be awarded all 
costs of that litigation, including reasonable attorney's fees.
3.  Dispute resolution.  Dispute resolution is governed by this subsection.
A.  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.
B.  The commission shall promulgate a rule providing for both mediation and binding 
dispute resolution for disputes as appropriate.
4.  Enforcement.  Enforcement of the compact is governed by this subsection.
A.  The commission, in the reasonable exercise of its discretion, shall enforce the 
provisions and rules of this compact.
B.  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 must be awarded all costs of that litigation, including 
reasonable attorney's fees.
C.  The remedies under this subsection are not the exclusive remedies of the 
commission. The commission may pursue any other remedies available under federal 
or state law.
§18712. Date of implementation of compact; associated rules; withdrawal; 
amendment
1.  Effective date.  The compact takes effect on the date on which the compact statute 
is enacted into law in the 10th member state. The provisions of the compact that become 
effective at that time are limited to the powers granted to the commission relating to 
assembly and the promulgation of rules. After the effective date of the compact, the 
commission shall meet and exercise rule-making powers necessary to the implementation 
and administration of the compact.
2.  Subsequent member states.  Any state that joins the compact subsequent to the 
commission's initial adoption of the rules is 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 has the full force and effect of law on the day the compact becomes law in 
that state.
3.  Withdrawal.  Any member state may withdraw from this compact by enacting a 
statute repealing the same.
A.  A member state's withdrawal does not take effect until 6 months after enactment of 
the repealing statute.
B.  Withdrawal does 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 chapter prior to the effective date of withdrawal.
4.  Other agreements or arrangements.  Nothing contained in this compact may be 
construed to invalidate or prevent any physical therapy licensure agreement or other 
cooperative arrangement between a member state and a nonmember state that does not 
conflict with the provisions of this compact.
5.  Amendment.  This compact may be amended by the member states.  An amendment 
to this compact does not become effective and binding upon any member state until it is 
enacted into the laws of all member states.
§18713. Construction and severability
This compact may be liberally construed so as to effectuate the purposes thereof.  The 
provisions of this compact must 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 is not affected 
thereby.  If this compact is held contrary to the constitution of any party state, the compact 
remains 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.
PART B
Sec. B-1.  25 MRSA §1542-A, sub-§1, ¶AA is enacted to read:
AA.  Who is required to have a criminal history record check under Title 32, section 
3114-D.
Sec. B-2.  25 MRSA §1542-A, sub-§3, ¶Z is enacted to read:
Z.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph AA at the request of that person or the Board of Examiners 
in Physical Therapy and upon payment of the fee as provided under Title 32, section 
3114-D.
Sec. B-3.  32 MRSA §3114-D is enacted to read:
§3114-D.  Criminal history record information; fees
1.  Background check.  The board shall request a background check for each person 
who submits an application for initial licensure under this chapter.  The background check 
must include criminal history record information obtained from the Maine Criminal Justice 
Information System, created pursuant to Title 16, section 631, and the Federal Bureau of 
Investigation.  
A.  The criminal history record information obtained from the Maine Criminal Justice 
Information System, created pursuant to Title 16, section 631, must include a record of 
public criminal history record information as defined in Title 16, section 703, 
subsection 8.
B.  The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record information.
C.  An applicant shall submit to having fingerprints taken.  The Department of Public 
Safety, Bureau of State Police, upon payment of a fee established by the board by rule 
by the applicant, shall take or cause to be taken the applicant's fingerprints and shall 
immediately transmit the fingerprints to the Department of Public Safety, Bureau of 
State Police, State Bureau of Identification so that the State Bureau of Identification 
can conduct state and national criminal history record checks.  Except for the portion 
of the payment, if any, that constitutes the processing fee charged by the Federal 
Bureau of Investigation, all money received by the State Police for purposes of this 
paragraph must be paid over to the Treasurer of State.  The money must be applied to 
the expenses of administration incurred by the Department of Public Safety.  Any 
person who fails to transmit criminal fingerprint records to the State Bureau of 
Identification pursuant to this paragraph is subject to the provisions of Title 25, section 
1550.
D.  The subject of a Federal Bureau of Investigation criminal history record check may 
obtain a copy of the criminal history record check by following the procedures outlined 
in 28 Code of Federal Regulations, Sections 16.32 and 16.33.  The subject of a state 
criminal history record check may inspect and review the criminal history record 
information pursuant to Title 16, section 709.
E.  State and federal criminal history record information may be used by the board for 
the purpose of screening each applicant.  A board action against an applicant under this 
subsection is subject to the provisions of Title 5, chapter 341.
F.  Information obtained pursuant to this subsection is confidential.  The results of 
background checks received by the board are for official use only and may not be 
disseminated to any other person or entity.
G.  An applicant whose license has expired and who has not applied for renewal may 
request in writing that the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification remove the applicant's fingerprints from the State Bureau of 
Identification's fingerprint file.  In response to a written request, the bureau shall 
remove the applicant's fingerprints from the fingerprint file and provide written 
confirmation of that removal.
2.  Rules.  The board, following consultation with the Department of Public Safety, 
Bureau of State Police, State Bureau of Identification, shall adopt rules to implement this 
section.  Rules adopted pursuant to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2‑A.
SUMMARY
Part A of this bill enacts the Physical Therapy Licensure Compact, which provides a 
mechanism to facilitate interstate practice by licensed professional physical therapists and 
physical therapist assistants in order to improve public access to professional physical 
therapy services. 
The form, format and text of the Physical Therapy Licensure Compact have been 
changed minimally so as to conform to Maine statutory conventions. The changes are 
technical in nature and it is the intent of the Legislature that this compact be interpreted as 
substantively the same as the Physical Therapy Licensure Compact that is enacted by other 
member states.
Part B of this bill requires that all applicants for initial licensure as a physical therapist 
or physical therapist assistant undergo a background check, which includes fingerprints and 
criminal history record information.