{"data":{"id":"us-ky/krs-327.300","jurisdiction":"us-ky","citation":"KRS 327.300","heading":"Physical Therapy Licensure Compact.","body":"PHYSICAL THERAPY LICENSURE COMPACT\nSECTION 1. PURPOSE\nThe purpose of this Compact is to facilitate interstate practice of physical therapy with the\ngoal of improving public access to physical therapy services. The practice of physical\ntherapy occurs in the state where the patient or client is located at the time of the patient\nor client encounter. The Compact preserves the regulatory authority of states to protect\npublic health and safety through the current system of state licensure.\nThis Compact is designed to achieve the following objectives:\n1. Increase public access to physical therapy services by providing for the mutual\nrecognition of other member state licenses;\n2. Enhance the states' ability to protect the public's health and safety;\n3. Encourage the cooperation of member states in r egulating multistate physical\ntherapy practice;\n4. Support spouses of relocating military members;\n5. Enhance the exchange of licensure, investigative, and disciplinary information\nbetween member states; and\n6. Allow a remote state to hold a provider of se rvices with a compact privilege in that\nstate accountable to that state's practice standards.\nSECTION 2. DEFINITIONS\nAs used in this Compact, and except as otherwise provided, the following definitions\nshall apply:\n1. \"Active duty military\" means full-time duty status in the active uniformed service of\nthe United States, including members of the National Guard and Reserve on active\nduty orders pursuant to 10 U.S.C. secs. 1209 and 1211;\n2. \"Adverse action\" means discipli nary action taken by a physical therapy licensing\nboard based upon misconduct, unacceptable performance, or a combination of both;\n3. \"Alternative program\" means a nondisciplinary monitoring or practice remediation\nprocess approved by a physical therapy li censing board. This includes but is not\nlimited to substance abuse issues;\n4. \"Compact privilege\" means the authorization granted by a remote state to allow a\nlicensee from another member state to practice as a physical therapist or work as a\nphysical therapist assistant in the remote state under its laws and rules. The practice\nof physical therapy occurs in the member state where the patient or client is located\nat the time of the patient or client encounter;\n5. \"Continuing competence\" means a requirement, as a condition of license renewal, to\nprovide evidence of participation in, completion of, or both participation in and\ncompletion of educational and professional activities relevant to practice or area of\nwork;\n6. \"Data system\" means a repository of info rmation about licensees, including\nexamination, licensure, investigative, compact privilege, and adverse action;\n7. \"Encumbered license\" means a license that a physical therapy licensing board has\nlimited in any way;\n8. \"Executive board\" means a group of d irectors elected or appointed to act on behalf\nof, and within the powers granted to them by, the commission;\n9. \"Home state\" means the member state that is the licensee's primary state of\nresidence;\n10. \"Investigative information\" means information, record s, and documents received or\ngenerated by a physical therapy licensing board pursuant to an investigation;\n11. \"Jurisprudence requirement\" means the assessment of an individual's knowledge of\nthe laws and rules governing the practice of physical therapy in a state;\n12. \"Licensee\" means an individual who currently holds an authorization from the state\nto practice as a physical therapist or to work as a physical therapist assistant;\n13. \"Member state\" means a state that has enacted the Compact;\n14. \"Party state\" means any member state in which a licensee holds a current license or\ncompact privilege or is applying for a license or compact privilege;\n15. \"Physical therapist\" means an individual who is licensed by a state to practice\nphysical therapy;\n16. \"Physical therapist assistant\" means an individual who is licensed or certified by a\nstate and who assists the physical therapist in selected components of physical\ntherapy;\n17. \"Physical therapy,\" \"physical therapy practice,\" and \"the practice of physical\ntherapy\" mean the care and services provided by or under the direction and\nsupervision of a licensed physical therapist;\n18. \"Physical Therapy Compact Commission\" or \"commission\" means the national\nadministrative body whose membership consists of all states that  have enacted the\nCompact;\n19. \"Physical therapy licensing board\" or \"licensing board\" means the agency of a state\nthat is responsible for the licensing and regulation of physical therapists and\nphysical therapist assistants;\n20. \"Remote state\" means a mem ber state other than the home state where a licensee is\nexercising or seeking to exercise the compact privilege;\n21. \"Rule\" means a regulation, principle, or directive promulgated by the commission\nthat has the force of law; and\n22. \"State\" means any state, commonwealth, district, or territory of the United States of\nAmerica that regulates the practice of physical therapy.\nSECTION 3. STATE PARTICIPATION IN THE COMPACT\nA. To participate in the Compact, a state shall:\n1. Participate fully in the commission's data system, including using the\ncommission's unique identifier as defined in rules;\n2. Have a mechanism in place for receiving and investigating complaints about\nlicensees;\n3. Notify the commission, in compliance with the terms of the Compact and\nrules, o f any adverse action or the availability of investigative information\nregarding a licensee;\n4. Fully implement a criminal background check requirement, within a time\nframe established by rule, by receiving the results of the Federal Bureau of\nInvestigation record search on criminal background checks and use the results\nin making licensure decisions in accordance with Section 3.B. of this\nCompact;\n5. Comply with the rules of the commission;\n6. Utilize a recognized national examination as a requirement for licensure\npursuant to the rules of the commission; and\n7. Have continuing competence requirements as a condition for license renewal.\nB. Upon adoption of this statute, the member state may obtain biometric -based\ninformation from each physical therapy licensure applicant and submit this\ninformation to the Federal Bureau of Investigation for a criminal background check\nin accordance with 28 U.S.C. sec. 534 and 42 U.S.C. sec. 14616.\nC. A member state shall grant the compact privilege to a licensee holding a valid\nunencumbered license in another member state in accordance with the terms of the\nCompact and rules.\nD. Member states may charge a fee for granting a compact privilege.\nSECTION 4. COMPACT PRIVILEGE\nA. To exercise the compact privilege under the terms and provisions of the Compact,\nthe licensee shall:\n1. Hold a license in the home state;\n2. Have no encumbrance on any state license;\n3. Be eligible for a compact privilege in any member state in accordance with\nSection 4.D., G., and H. of this Compact;\n4. Have not had any adverse action against any license or compact privilege\nwithin the previous two (2) years;\n5. Notify the commission that the licensee is seeking the compact privilege\nwithin a remote state or states;\n6. Pay any applicable fees, including any state fee, for the compact privilege;\n7. Meet any jurisprudence requirements established by the remote state or states\nin which the licensee is seeking a compact privilege; and\n8. Report to the commission adverse action taken by any nonmember state\nwithin thirty (30) days from the date the adverse action is taken.\nB. The compact privilege is valid un til the expiration date of the home license. The\nlicensee shall comply with the requirements of Section 4.A. of this Compact to\nmaintain the compact privilege in the remote state.\nC. A licensee providing physical therapy in a remote state under the compact  privilege\nshall function within the laws and regulations of the remote state.\nD. A licensee providing physical therapy in a remote state is subject to that state's\nregulatory authority. A remote state may, in accordance with due process and that\nstate's laws, enforce any one (1) or combination of the following:\n1. Remove a licensee's compact privilege in the remote state for a specific period\nof time;\n2. Impose fines; and\n3. Take any other necessary actions to protect the health and safety of its\ncitizens.\nThe licensee is not eligible for a compact privilege in any state until the specific\ntime for removal has passed and all fines are paid.\nE. If a home state license is encumbered, the licensee shall lose the compact privilege\nin any remote state until the following occur:\n1. The home state license is no longer encumbered; and\n2. Two (2) years have elapsed from the date of the adverse action.\nF. Once an encumbered license in the home state is restored to good standing, the\nlicensee shall meet the requireme nts of Section 4.A. of this Compact to obtain a\ncompact privilege in any remote state.\nG. If a licensee's compact privilege in any remote state is removed, the individual shall\nlose the compact privilege in any remote state until the following occur:\n1. The specific period of time for which the compact privilege was removed has\nended;\n2. All fines have been paid; and\n3. Two (2) years have elapsed from the date of the adverse action.\nH. Once the requirements of Section 4.G. of this Compact have been met, the license\nshall meet the requirements in Section 4.A. of this Compact to obtain a compact\nprivilege in a remote state.\nSECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES\nA licensee who is active duty military or is the spouse of an individual who  is active duty\nmilitary may designate one (1) of the following as the home state:\nA. Home of record;\nB. Permanent Change of Station (PCS); or\nC. State of current residence if it is different than the PCS state or home of record.\nSECTION 6. ADVERSE ACTIONS\nA. A home state shall have exclusive power to impose adverse action against a license\nissued by the home state.\nB. A home state may take adverse action based on the investigative information of a\nremote state, so long as the home state follows its own pro cedures for imposing\nadverse action.\nC. Nothing in this Compact shall override a member state's decision that participation\nin an alternative program may be used in lieu of adverse action and that this\nparticipation shall remain nonpublic if required by the member state's laws. Member\nstates shall require licensees who enter any alternative programs in lieu of discipline\nto agree not to practice in any other member state during the term of the alternative\nprogram without prior authorization from that other member state.\nD. Any member state may investigate actual or alleged violations of the statutes and\nrules authorizing the practice of physical therapy in any other member state in\nwhich a physical therapist or physical therapist assistant holds a license or  compact\nprivilege.\nE. A remote state may:\n1. Take adverse actions as set forth in Section 4.D. of this Compact against a\nlicensee's compact privilege in the state;\n2. Issue subpoenas for the production of evidence and for hearings and\ninvestigations that require the attendance and testimony of witnesses.\nSubpoenas issued by a physical therapy licensing board in a party state for the\nproduction of evidence, the attendance and testimony of witnesses, or both\nfrom another party state shall be enforced in the latter state by any court of\ncompetent jurisdiction, according to the practice and procedure of that court\napplicable to subpoenas issued in proceedings pending before it. The issuing\nauthority shall pay any witness fees, travel expenses, mileage, and othe r fees\nrequired by the service statutes of the state where the evidence, witnesses, or\nboth are located; and\n3. If otherwise permitted by state law, recover from the licensee the costs of\ninvestigations and disposition of cases resulting from any adverse action taken\nagainst that licensee.\nF. Joint Investigations\n1. In addition to the authority granted to a member state by its respective\nphysical therapy practice act or other applicable state law, a member state may\nparticipate with other member states in joint investigations of licensees.\n2. Member states shall share any investigative, litigation, or compliance\nmaterials in furtherance of any joint or individual investigation initiated under\nthe Compact.\nSECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMP ACT\nCOMMISSION\nA. The Compact member states hereby create and establish a joint public agency\nknown as the Physical Therapy Compact Commission:\n1. The commission is an instrumentality of the Compact states.\n2. Venue is proper and judicial proceedings by or  against the commission shall\nbe brought solely and exclusively in a court of competent jurisdiction where\nthe principal office of the commission is located. The commission may waive\nvenue and jurisdictional defenses to the extent it adopts or consents to\nparticipate in alternative dispute resolution proceedings.\n3. Nothing in this Compact shall be construed to be a waiver of sovereign\nimmunity.\nB. Membership, Voting, and Meetings\n1. Each member state shall have and be limited to one (1) delegate selected by\nthat member state's licensing board.\n2. The delegate shall be a current member of the licensing board, who is a\nphysical therapist, physical therapist assistant, public member, or the board\nadministrator.\n3. Any delegate may be removed or suspended from office as provided by the\nlaw of the state from which the delegate is appointed.\n4. The member state board shall fill any vacancy occurring in the commission.\n5. Each delegate shall be entitled to one (1) vote with regard to the promulgation\nof rules and creation of bylaws and shall otherwise have an opportunity to\nparticipate in the business and affairs of the commission.\n6. A delegate shall vote in person or by such other means as p rovided in the\nbylaws. The bylaws may provide for delegates' participation in meetings by\ntelephone or other means of communication.\n7. The commission shall meet at least once during each calendar year. Additional\nmeetings shall be held as set forth in the bylaws.\nC. The commission has the following powers and duties:\n1. Establish the fiscal year of the commission;\n2. Establish bylaws;\n3. Maintain its financial records in accordance with the bylaws;\n4. Meet and take any actions consistent with the provision s of this Compact and\nthe bylaws;\n5. Promulgate uniform rules to facilitate and coordinate implementation and\nadministration of this Compact. The rules shall have the force of law and shall\nbe binding in all member states;\n6. Bring and prosecute legal proc eedings or actions in the name of the\ncommission, provided that the standing of any state physical therapy licensing\nboard to sue or be sued under applicable law shall not be affected;\n7. Purchase and maintain insurance and bonds;\n8. Borrow, accept, or contract for services of personnel, including but not limited\nto employees of a member state;\n9. Hire employees, elect or appoint officers, fix compensation, define duties,\ngrant these individuals appropriate authority to carry out the purposes of the\nCompact, and establish the commission's personnel policies and programs\nrelating to conflicts of interest, qualifications of personnel, and other related\npersonnel matters;\n10. Accept, receive, utilize, and dispose of any appropriate donations and grants\nof mone y, equipment, supplies, materials, and services. At all times the\ncommission shall avoid any appearance of impropriety, conflict of interest, or\nboth;\n11. Lease, purchase, accept appropriate gifts or donations of, or otherwise own,\nhold, improve, or use an y real, personal, or mixed property. At all times the\ncommission shall avoid any appearance of impropriety;\n12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise\ndispose of any real, personal, or mixed property;\n13. Establish a budget and make expenditures;\n14. Borrow money;\n15. Appoint committees, including standing committees composed of members,\nstate regulators, state legislators or their representatives, consumer\nrepresentatives, and any other interested persons as designated in th is\nCompact and the bylaws;\n16. Provide and receive information from, and cooperate with, law enforcement\nagencies;\n17. Establish and elect an executive board; and\n18. Perform any other necessary or appropriate functions to achieve the purposes\nof this Comp act consistent with the state regulation of physical therapy\nlicensure and practice.\nD. The Executive Board\nThe executive board may act on behalf of the commission according to the terms of\nthis Compact.\n1. The executive board shall be composed of nine (9) members:\na. Seven (7) voting members who are elected by the commission from the\ncurrent membership of the commission;\nb. One (1) ex officio, nonvoting member from the recognized national\nphysical therapy professional association; and\nc. One (1) ex officio, nonvoting member from the recognized membership\norganization of the physical therapy licensing boards.\n2. The ex officio members shall be selected by their respective organizations.\n3. The commission may remove any member of the executive board as provided\nin bylaws.\n4. The executive board shall meet at least once annually.\n5. The executive board shall have the following duties and responsibilities:\na. Recommend to the entire commission changes to the rules  or bylaws,\nchanges to this Compact legislation, fees paid by Compact member\nstates such as annual dues, and any commission Compact fee charged to\nlicensees for the compact privilege;\nb. Ensure Compact administration services are appropriately provided,\ncontractual or otherwise;\nc. Prepare and recommend the budget;\nd. Maintain financial records on behalf of the commission;\ne. Monitor Compact compliance of member states and provide compliance\nreports to the commission;\nf. Establish additional committees as necessary; and\ng. Other duties as provided in rules or bylaws.\nE. Meetings of the Commission\n1. All meetings shall be open to the public, and public notice of meetings shall\nbe given in the same manner as required under the rulemaking provisions in\nSection 9 of this Compact.\n2. The commission, the executive board, or other committees of the commission\nmay convene in a closed, nonpublic meeting if the commission, executive\nboard, or other committees of the commission need to discuss:\na. Noncompliance of a mem ber state with its obligations under the\nCompact;\nb. The employment, compensation, discipline, or other matters, practices,\nor procedures related to specific employees or other matters related to\nthe commission's internal personnel practices and procedures;\nc. Current, threatened, or reasonably anticipated litigation;\nd. Negotiation of contracts for the purchase, lease, or sale of goods,\nservices, or real estate;\ne. Accusing any person of a crime or formally censuring any person;\nf. Disclosure of trade secrets or commercial or financial information that is\nprivileged or confidential;\ng. Disclosure of information of a personal nature where disclosure would\nconstitute a clearly unwarranted invasion of personal privacy;\nh. Disclosure of investigative records compiled for law enforcement\npurposes;\ni. Disclosure of information related to any investigative reports prepared\nby, on behalf of, or for use of the commission or another committee\ncharged with responsibility of investi gation or determination of\ncompliance issues pursuant to the Compact; or\nj. Matters specifically exempted from disclosure by federal or member\nstate statute.\n3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the\ncommission's legal counsel or designee shall certify that the meeting may be\nclosed and shall reference each relevant exempting provision.\n4. The commission shall keep minutes that fully and clearly describe all matters\ndiscussed in a meeting and shall provide a full an d accurate summary of\nactions taken, and the reasons for the actions, including a description of the\nviews expressed. All documents considered in connection with an action shall\nbe identified in these minutes. All minutes and documents of a closed meeting\nshall remain under seal, subject to release by a majority vote of the\ncommission or order of a court of competent jurisdiction.\nF. Financing of the Commission\n1. The commission shall pay, or provide for the payment of, the reasonable\nexpenses of its establishment, organization, and ongoing activities.\n2. The commission may accept any and all appropriate revenue sources,\ndonations, and grants of money, equipment, supplies, materials, and services.\n3. The commission may levy on and collect an annual assessmen t from each\nmember state or impose fees on other parties to cover the cost of the\noperations and activities of the commission and its staff, which shall be in a\ntotal amount sufficient to cover its annual budget as approved each year for\nwhich revenue is n ot provided by other sources. The aggregate annual\nassessment amount shall be allocated based upon a formula to be determined\nby the commission, which shall promulgate a rule that is binding upon all\nmember states.\n4. The commission shall not incur obligat ions of any kind prior to securing the\nfunds adequate to meet the obligations, nor shall the commission pledge the\ncredit of any of the member states, except by and with the authority of the\nmember state.\n5. The commission shall keep accurate accounts of a ll receipts and\ndisbursements. The receipts and disbursements of the commission shall be\nsubject to the audit and accounting procedures established under its bylaws.\nAll receipts and disbursements of funds handled by the commission shall be\naudited yearly by a certified or licensed public accountant, and the report of\nthe audit shall be included in and become part of the annual report of the\ncommission.\nG. Qualified Immunity, Defense, and Indemnification\n1. The members, officers, executive director, employe es, and representatives of\nthe commission shall be immune from suit and liability, either personally or in\ntheir official capacity, for any claim for damage to or loss of property or\npersonal injury or other civil liability caused by or arising out of any actual or\nalleged act, error, or omission that occurred, or that the person against whom\nthe claim is made had a reasonable basis for believing occurred, within the\nscope of commission employment, duties, or responsibilities. Nothing in this\nparagraph shall be construed to protect any person from suit, liability, or both\nfor any damage, loss, injury, or liability caused by the intentional, willful, or\nwanton misconduct of that person.\n2. The commission shall defend any member, officer, executive director,\nemployee, or representative of the commission in any civil action seeking to\nimpose liability arising out of any actual or alleged act, error, or omission that\noccurred within the scope of commission employment, duties, or\nresponsibilities, or that the pers on against whom the claim is made had a\nreasonable basis for believing occurred within the scope of commission\nemployment, duties, or responsibilities, if the actual or alleged act, error, or\nomission did not result from that person's intentional, willful,  or wanton\nmisconduct. Nothing in this paragraph shall be construed to prohibit that\nperson from retaining his or her own counsel.\n3. The commission shall indemnify and hold harmless any member, officer,\nexecutive director, employee, or representative of t he commission for the\namount of any settlement or judgment obtained against that person arising out\nof any actual or alleged act, error, or omission that occurred within the scope\nof commission employment, duties, or responsibilities, or that the person ha d\na reasonable basis for believing occurred within the scope of commission\nemployment, duties, or responsibilities, if the actual or alleged act, error, or\nomission did not result from the intentional, willful, or wanton misconduct of\nthat person.\nSECTION 8. DATA SYSTEM\nA. The commission shall provide for the development, maintenance, and utilization of\na coordinated database and reporting system containing licensure, adverse action,\nand investigative information on all licensed individuals in member states.\nB. Notwithstanding any other provision of state law to the contrary, a member state\nshall submit a uniform data set to the data system on all individuals to whom this\nCompact is applicable as required by the rules of the commission, including:\n1. Identifying information;\n2. Licensure data;\n3. Adverse actions against a license or compact privilege;\n4. Nonconfidential information related to alternative program participation;\n5. Any denial of application for licensure, and the reason or reasons for the\ndenial; and\n6. Other information that may facilitate the administration of this Compact, as\ndetermined by the rules of the commission.\nC. Investigative information pertaining to a licensee in any member state shall only be\navailable to other party states.\nD. The commission shall promptly notify all member states of any adverse action taken\nagainst a licensee or an individual applying for a license. Adverse action\ninformation pertaining to a licensee in any member state shall be available to any\nother member state.\nE. Member states contributing information to the data system may designate\ninformation that may not be shared with the public without the express permission\nof the contributing state.\nF. Any information submitted to the data system that is subsequentl y required to be\nexpunged by the laws of the member state contributing the information shall be\nremoved from the data system.\nSECTION 9. RULEMAKING\nA. The commission shall exercise its rulemaking powers pursuant to the criteria set\nforth in this section and the rules adopted under this section. Rules and amendments\nshall become binding as of the date specified in each rule or amendment.\nB. If a majority of the legislatures of the member states reject a rule within four (4)\nyears of the date of adoption of t he rule, by enactment of a statute or resolution in\nthe same manner used to adopt the Compact, then the rule shall have no further\neffect in any member state.\nC. Rules or amendments to the rules shall be adopted at a regular or special meeting of\nthe commission.\nD. Prior to promulgation and adoption of a final rule or rules by the commission, and at\nleast thirty (30) days in advance of the meeting at which the rule will be considered\nand voted upon, the commission shall file a Notice of Proposed Rulemaking:\n1. On the Web site of the commission or other publicly accessible platform; and\n2. On the Web site of each member state physical therapy licensing board or\nother publicly accessible platform or the publication in which each state\nwould otherwise publish proposed rules.\nE. The Notice of Proposed Rulemaking shall include:\n1. The proposed time, date, and location of the meeting in which the rule will be\nconsidered and voted upon;\n2. The text of the proposed rule or amendment and the reason for the proposed\nrule;\n3. A request for comments on the proposed rule from any interested person; and\n4. How interested persons may submit notice to the commission of their\nintention to attend the public hearing and submit any written comments.\nF. Prior to adoption of a prop osed rule, the commission shall allow persons to submit\nwritten data, facts, opinions, and arguments, which shall be made available to the\npublic.\nG. The commission shall grant an opportunity for a public hearing before it adopts a\nrule or amendment if a hearing is requested by:\n1. At least twenty-five (25) persons;\n2. A state or federal governmental subdivision or agency; or\n3. An association having at least twenty-five (25) members.\nH. If a hearing is held on the proposed rule or amendment, the commission  shall\npublish the place, time, and date of the scheduled public hearing. If the hearing is\nheld via electronic means, the commission shall publish the mechanism for access\nto the electronic hearing.\n1. All persons wishing to be heard at the hearing shall notify the executive\ndirector of the commission or other designated member in writing of their\ndesire to appear and testify at the hearing not less than five (5) business days\nbefore the scheduled date of the hearing.\n2. Hearings shall be conducted in a manner providing each person who wishes to\ncomment a fair and reasonable opportunity to comment orally or in writing.\n3. All hearings shall be recorded. A copy of the recording shall be made\navailable on request.\n4. Nothing in this section shall be construed  as requiring a separate hearing on\neach rule. Rules may be grouped for the convenience of the commission at\nhearings required by this section.\nI. Following the scheduled hearing date, or by the close of business on the scheduled\nhearing date if the hearin g was not held, the commission shall consider all written\nand oral comments received.\nJ. If no written notice of intent to attend the public hearing by interested parties is\nreceived, the commission may proceed with promulgation of the proposed rule\nwithout a public hearing.\nK. The commission shall, by majority vote of all members, take final action on the\nproposed rule and shall determine the effective date of the rule, if any, based on the\nrulemaking record and the full text of the rule.\nL. Upon determination that an emergency exists, the commission may consider and\nadopt an emergency rule without prior notice, opportunity for comment, or hearing,\nprovided that the usual rulemaking procedures provided in the Compact and in this\nsection shall be retroactively applied to the rule as soon as reasonably possible, in\nno event later than ninety (90) days after the effective date of the rule. For the\npurposes of this provision, an emergency rule is one that requires immediate\nadoption in order to:\n1. Meet an imminent threat to public health, safety, or welfare;\n2. Prevent a loss of commission or member state funds;\n3. Meet a deadline for the promulgation of an administrative rule that is\nestablished by federal law or rule; or\n4. Protect public health and safety.\nM. The commission or an authorized committee of the commission may direct\nrevisions to a previously adopted rule or amendment for purposes of correcting\ntypographical errors, errors in format, errors in consistency, or grammatical errors.\nPublic notice of any revisions shall be posted on the Web site of the commission.\nThe revision shall be subject to challenge by any person for a period of thirty (30)\ndays after posting. The revision may be challenged only on grounds that the revision\nresults i n a material change to a rule. A challenge shall be made in writing, and\ndelivered to the chair of the commission prior to the end of the notice period. If no\nchallenge is made, the revision shall take effect without further action. If the\nrevision is chal lenged, the revision may not take effect without the approval of the\ncommission.\nSECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT\nA. Oversight\n1. The executive, legislative, and judicial branches of state government in each\nmember state shall enf orce this Compact and take all actions necessary and\nappropriate to effectuate the Compact's purposes and intent. The provisions of\nthis Compact and the rules promulgated under this Compact shall have\nstanding as statutory law.\n2. All courts shall take jud icial notice of the Compact and the rules in any\njudicial or administrative proceeding in a member state pertaining to the\nsubject matter of this Compact that may affect the powers, responsibilities, or\nactions of the commission.\n3. The commission shall b e entitled to receive service of process in any judicial\nor administrative proceeding relating to this Compact, and shall have standing\nto intervene for all purposes in any judicial or administrative proceeding\nrelating to this Compact. Failure to provide service of process to the\ncommission shall render a judgment or order void as to the commission, this\nCompact, or promulgated rules.\nB. Default, Technical Assistance, and Termination\n1. If the commission determines that a member state has defaulted in the\nperformance of its obligations or responsibilities under this Compact or the\npromulgated rules, the commission shall:\na. Provide written notice to the defaulting state and other member states\nregarding any one (1) or any combination of the following: the n ature of\nthe default, the proposed means of curing the default, and any other\naction to be taken by the commission; and\nb. Provide remedial training and specific technical assistance regarding the\ndefault.\n2. If a state in default fails to cure the defaul t, the defaulting state may be\nterminated from the Compact upon an affirmative vote of a majority of the\nmember states, and all rights, privileges, and benefits conferred by this\nCompact may be terminated on the effective date of termination. A cure of the\ndefault does not relieve the offending state of obligations or liabilities incurred\nduring the period of default.\n3. Termination of membership in the Compact shall be imposed only after all\nother means of securing compliance have been exhausted. Notice of  intent to\nsuspend or terminate shall be given by the commission to the Governor, the\nmajority and minority leaders of the defaulting state's legislature, and each of\nthe member states.\n4. A state that has been terminated is responsible for all assessments, obligations,\nand liabilities incurred through the effective date of termination, including\nobligations that extend beyond the effective date of termination.\n5. The commission shall not bear any costs related to a state that is found to be in\ndefault or t hat has been terminated from the Compact, unless agreed upon in\nwriting between the commission and the defaulting state.\n6. The defaulting state may appeal the action of the commission by petitioning\nthe United States District Court for the District of Col umbia or the federal\ndistrict where the commission has its principal offices. The prevailing member\nshall be awarded all costs of this litigation, including reasonable attorney's\nfees.\nC. Dispute Resolution\n1. Upon request by a member state, the commission  shall attempt to resolve\ndisputes related to the Compact that arise among member states and between\nmember and nonmember states.\n2. The commission shall promulgate a rule providing for both mediation and\nbinding dispute resolution for disputes as appropriate.\nD. Enforcement\n1. The commission, in the reasonable exercise of its discretion, shall enforce the\nprovisions and rules of this Compact.\n2. By majority vote, the commission may initiate legal action in the United\nStates District Court for the District of Columbia or the federal district where\nthe commission has its principal offices against a member state in default to\nenforce compliance with the provisions of the Compact and its promulgated\nrules and bylaws. The relief sought may include both injunctive relief and\ndamages. In the event judicial enforcement is necessary, the prevailing\nmember shall be awarded all costs of the litigation, includ ing reasonable\nattorney's fees.\n3. The remedies authorized under this section shall not be the exclusive remedies\nof the commission. The commission may pursue any other remedies available\nunder federal or state law.\nSECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION\nFOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,\nWITHDRAWAL, AND AMENDMENT\nA. The Compact shall come into effect on the date on which the Compact statute is\nenacted into law in the tenth member state. The provisions, which become  effective\nat that time, shall be limited to the powers granted to the commission relating to\nassembly and the promulgation of rules. Thereafter, the commission shall meet and\nexercise rulemaking powers necessary to the implementation and administration of\nthe Compact.\nB. Any state that joins the Compact subsequent to the commission's initial adoption of\nthe rules shall be subject to the rules as they exist on the date on which the Compact\nbecomes law in that state. Any rule that has been previously adopted  by the\ncommission shall have the full force of law on the day the Compact becomes law in\nthat state.\nC. Any member state may withdraw from this Compact by enacting a statute repealing\nthe Compact.\n1. A member state's withdrawal shall not take effect unti l six (6) months after\nenactment of the repealing statute.\n2. Withdrawal shall not affect the continuing requirement of the withdrawing\nstate's physical therapy licensing board to comply with the investigative and\nadverse action reporting requirements of t his Compact prior to the effective\ndate of withdrawal.\nD. Nothing contained in this Compact shall be construed to invalidate or prevent any\nphysical therapy licensure agreement or other cooperative arrangement between a\nmember state and a nonmember state t hat does not conflict with the provisions of\nthis Compact.\nE. This Compact may be amended by the member states. No amendment to this\nCompact shall become effective and binding upon any member state until it is\nenacted into the laws of all member states.\nSECTION 12. APPLICABILITY TO KENTUCKY STATE GOVERNMENT\nIn order to clarify the effect of certain provisions of this Compact and to ensure that the\nrights and responsibilities of the various branches of government are maintained, the\nfollowing shall be in effect in this state:\nA. By entering into this Compact, this state authorizes the licensing board as defined in\nSection 2.19. of this Compact and as created by KRS Chapter 327 to implement the\nprovisions of this Compact.\nB. Notwithstanding any provision of this Compact to the contrary:\n1. When a rule is adopted pursuant to Section 9 of this Compact, the licensing\nboard of this state as defined by Section 2.19. of this Compact shall have sixty\n(60) days to review the rule for the purpose of filing the rule as a n emergency\nadministrative regulation pursuant to KRS 13A.190 and for filing the rule as\nan accompanying ordinary administrative regulation, following the\nrequirements of KRS Chapter 13A. Failure by the licensing board of this state\nas defined by Section 2 .19. of this Compact to promulgate a rule adopted by\nthe Physical Therapy Compact Commission as an administrative regulation\npursuant to KRS Chapter 13A shall result in the initiation of the process for\nwithdrawal as set forth in Section 11 of this Compact . Nothing in these\nprovisions shall negate the applicability and effect of Section 9.K. of this\nCompact to this state.\n2. If the proposed administrative regulation is found deficient and the deficiency\nis not resolved pursuant to KRS 13A.330 or 13A.335, th e provisions of\nSection 10 of this Compact shall apply. If the procedures under Section 10 of\nthis Compact fail to resolve an issue, the provisions of Section 11 of this\nCompact shall apply.\n3. If the Physical Therapy Compact Commission created by Section 7 of this\nCompact exercises its rulemaking authority in a manner that is beyond the\nscope of the purposes of this Compact, or the powers granted under this\nCompact, then such an action by the commission shall be invalid and have no\nforce or effect.\nC. Section 7.F. of this Compact pertaining to the financing of the commission shall not\nbe interpreted to obligate the general fund of this state. Any funds used to finance\nthis Compact shall be from money collected pursuant to KRS 327.080.\nD. This Compact shall apply only to those physical therapists or physical therapist\nassistants who practice or work under a compact privilege.\nSECTION 13. CONSTRUCTION AND SEVERABILITY\nThis Compact shall be liberally construed so as to effectuate its purposes. The provisions\nof this Compact shall be severable, and if any phrase, clause, sentence, or provision of\nthis Compact is declared to be contrary to the constitution of any party state or of the\nUnited States, or the Compact's applicability to any government, agency, person,  or\ncircumstance is held invalid, it shall not affect the validity of the remainder of this\nCompact and its applicability to any government, agency, person, or circumstance. If this\nCompact is held contrary to the constitution of any party state, the Compa ct shall remain\nin full effect as to the remaining party states, and shall remain in full effect in the affected\nparty state as to all severable matters.","path":["KRS Chapter 327"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46474","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:21Z","sha256":"9f29fc4841c14cbc0740704f92ba3c664f7c836ab603b2d524d5cfd3139988ee","source_id":"us-ky","stale":false,"prev":"us-ky/krs-327.200","next":"us-ky/krs-327.310"},"notice":"GroundRules: Original legal text. Not legal advice."}