§18705. Compact privilege
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 1/01/26)
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;
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
B.
May not have an encumbrance on any state license;
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
C.
Must be eligible for a compact privilege in any member state in accordance with subsections 4, 7 and 8;
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
D.
May not have an adverse action against any license or compact privilege within the previous 2 years;
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
E.
Must notify the commission that the licensee is seeking the compact privilege within a remote state;
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
F.
Must pay any applicable fees, including any state fee, for the compact privilege;
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
G.
Must meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
H.
Must report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
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.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
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.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
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.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
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
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
B.
Two years have elapsed from the date of the adverse action.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
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.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
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;
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
B.
All fines have been paid; and
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
C.
Two years have elapsed from the date of the adverse action.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
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.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
SECTION HISTORY
PL 2023, c. 329, §1 (NEW). PL 2023, c. 329, §3 (AFF). PL 2023, c. 643, Pt. DDD, §1 (AFF).