{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-887.19","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-887.19","heading":"Physical Therapy Licensure Compact","body":"Physical Therapy Licensure Compact\n\nARTICLE I\n\nFindings and Declaration of Purpose\n\nA. The purpose of this Compact is to facilitate interstate\n\npractice of physical therapy with the goal of improving public\n\naccess to physical therapy services. The practice of physical\n\ntherapy occurs in the state where the patient/client is located at\n\nthe time of the patient/client encounter. The Compact preserves the\n\nregulatory authority of states to protect public health and safety\n\nthrough the current system of state licensure.\n\nB. This Compact is designed to achieve the following\n\nobjectives:\n\n1. Increase public access to physical therapy services by\n\nproviding for the mutual recognition of other member state licenses;\n\n2. Enhance the states' ability to protect the public's health\n\nand safety;\n\n3. Encourage the cooperation of member states in regulating\n\nmultistate physical therapy practice;\n\n4. Support spouses of relocating military members;\n\n5. Enhance the exchange of licensure, investigative and\n\ndisciplinary information between member states; and\n\n6. Allow a remote state to hold a provider of services with a\n\ncompact privilege in that state accountable to that state's practice\n\nstandards.\n\nARTICLE II\n\nDefinitions\n\nAs used in this Compact:\n\n1. \"Active duty military\" means full-time duty status in the\n\nactive uniformed service of the United States, including members of\n\nthe National Guard and Reserve on active duty orders pursuant to 10\n\nU.S.C., Sections 1209 and 1211;\n\n2. \"Adverse action\" means disciplinary action taken by a\n\nphysical therapy licensing board based upon misconduct, unacceptable\n\nperformance, or a combination of both;\n\n3. \"Alternative program\" means a nondisciplinary monitoring or\n\npractice remediation process approved by a physical therapy\n\nlicensing board. This includes, but is not limited to, substance\n\nabuse issues;\n\n4. \"Compact privilege\" means the authorization granted by a\n\nremote state to allow a licensee from another member state to\n\npractice as a physical therapist or work as a physical therapist\n\nassistant in the remote state under its laws and rules. The\n\npractice of physical therapy occurs in the member state where the\n\npatient/client is located at the time of the patient/client\n\nencounter;\n\n5. \"Continuing competence\" means a requirement, as a condition\n\nof license renewal, to provide evidence of participation in, and/or\n\ncompletion of, educational and professional activities relevant to\n\npractice or area of work;\n\n6. \"Data system\" means a repository of information about\n\nlicensees, including examination, licensure, investigative, compact\n\nprivilege and adverse action;\n\n7. \"Encumbered license\" means a license that a physical therapy\n\nlicensing board has limited in any way;\n\n8. \"Executive Board\" means a group of directors elected or\n\nappointed to act on behalf of, and within the powers granted to them\n\nby, the Commission;\n\n9. \"Home state\" means the member state that is the licensee's\n\nprimary state of residence;\n\n10. \"Investigative information\" means information, records and\n\ndocuments received or generated by a physical therapy licensing\n\nboard pursuant to an investigation;\n\n11. \"Jurisprudence requirement\" means the assessment of an\n\nindividual's knowledge of the laws and rules governing the practice\n\nof physical therapy in a state;\n\n12. \"Licensee\" means an individual who currently holds an\n\nauthorization from the state to practice as a physical therapist or\n\nto work as a physical therapist assistant;\n\n13. \"Member state\" means a state that has enacted the Compact;\n\n14. \"Party state\" means any member state in which a licensee\n\nholds a current license or compact privilege or is applying for a\n\nlicense or compact privilege;\n\n15. \"Physical therapist\" means an individual who is licensed by\n\na state to practice physical therapy;\n\nant;\n\n13. \"Member state\" means a state that has enacted the Compact;\n\n14. \"Party state\" means any member state in which a licensee\n\nholds a current license or compact privilege or is applying for a\n\nlicense or compact privilege;\n\n15. \"Physical therapist\" means an individual who is licensed by\n\na state to practice physical therapy;\n\n16. \"Physical therapist assistant\" means an individual who is\n\nlicensed/certified by a state and who assists the physical therapist\n\nin selected components of physical therapy;\n\n17. \"Physical therapy\", \"physical therapy practice\", and \"the\n\npractice of physical therapy\" mean the care and services provided by\n\nor under the direction and supervision of a licensed physical\n\ntherapist;\n\n18. \"Physical Therapy Compact Commission\" or \"Commission\" means\n\nthe national administrative body whose membership consists of all\n\nstates that have enacted the Compact;\n\n19. \"Physical therapy licensing board\" or \"licensing board\"\n\nmeans the agency of a state that is responsible for the licensing\n\nand regulation of physical therapists and physical therapist\n\nassistants;\n\n20. \"Remote state\" means a member state other than the home\n\nstate, where a licensee is exercising or seeking to exercise the\n\ncompact privilege; and\n\n21. \"Rule\" means a regulation, principle or directive\n\npromulgated by the Commission that has the force of law.\n\nARTICLE III\n\nState Participation in the Compact\n\nA. To participate in the Compact, a state shall:\n\n1. Participate fully in the Commission's data system, including\n\nusing the Commission's unique identifier as defined in rules;\n\n2. Have a mechanism in place for receiving and investigating\n\ncomplaints about licensees;\n\n3. Notify the Commission, in compliance with the terms of the\n\nCompact and rules, of any adverse action or the availability of\n\ninvestigative information regarding a licensee;\n\n4. Fully implement a state and national criminal background\n\ncheck requirement. The physical therapy licensing board shall\n\nforward fingerprints of each applicant for licensure to the Oklahoma\n\nState Bureau of Investigation. The Bureau shall conduct a state and\n\nnational background check pursuant to Section 150.9 of Title 74 of\n\nthe Oklahoma Statutes and shall provide the results of the\n\nbackground check to the licensing board. The licensing board shall\n\nuse the results in making licensure decisions in accordance with\n\nthis Compact;\n\n5. Comply with the rules of the Commission;\n\n6. Utilize a recognized national examination as a requirement\n\nfor licensure pursuant to the rules of the Commission; and\n\n7. Have continuing competence requirements as a condition for\n\nlicense renewal.\n\nB. Upon adoption of this statute, the member state shall have\n\nthe authority to obtain biometric-based information from each\n\nphysical therapy licensure applicant and submit this information to\n\nthe Federal Bureau of Investigation for a criminal background check\n\nin accordance with 28 U.S.C., Section 534 and 42 U.S.C., Section\n\n14616.\n\nC. A member state shall grant the compact privilege to a\n\nlicensee holding a valid unencumbered license in another member\n\nstate in accordance with the terms of the Compact and rules.\n\nD. Member states may charge a fee for granting a compact\n\nprivilege.\n\nARTICLE IV\n\nCompact Privilege\n\nA. To exercise the compact privilege under the terms and\n\nprovisions of the Compact, the licensee shall:\n\n1. Hold a license in the home state;\n\n2. Have no encumbrance on any state license;\n\n3. Be eligible for a compact privilege in any member state in\n\naccordance with this Compact;\n\n4. Have not had any adverse action against any license or\n\ncompact privilege within the previous two (2) years;\n\n5. Notify the Commission that the licensee is seeking the\n\ncompact privilege within a remote state(s);\n\n6. Pay any applicable fees, including any state fee, for the\n\ncompact privilege;\nicense;\n\n3. Be eligible for a compact privilege in any member state in\n\naccordance with this Compact;\n\n4. Have not had any adverse action against any license or\n\ncompact privilege within the previous two (2) years;\n\n5. Notify the Commission that the licensee is seeking the\n\ncompact privilege within a remote state(s);\n\n6. Pay any applicable fees, including any state fee, for the\n\ncompact privilege;\n\n7. Meet any jurisprudence requirements established by the\n\nremote state(s) in which the licensee is seeking a compact\n\nprivilege; and\n\n8. Report to the Commission adverse action taken by any\n\nnonmember state within thirty (30) days from the date the adverse\n\naction is taken.\n\nB. The compact privilege is valid until the expiration date of\n\nthe home license. The licensee must comply with the requirements of\n\nthis Compact to maintain the compact privilege in the remote state.\n\nC. A licensee providing physical therapy in a remote state\n\nunder the compact privilege shall function within the laws and\n\nregulations of the remote state.\n\nD. A licensee providing physical therapy in a remote state is\n\nsubject to that state's regulatory authority. A remote state may,\n\nin accordance with due process and that state's laws, remove a\n\nlicensee's compact privilege in the remote state for a specific\n\nperiod of time, impose fines and/or take any other necessary actions\n\nto protect the health and safety of its citizens. The licensee is\n\nnot eligible for a compact privilege in any state until the specific\n\ntime for removal has passed and all fines are paid.\n\nE. If a home state license is encumbered, the licensee shall\n\nlose the compact privilege in any remote state until the following\n\noccur:\n\n1. The home state license is no longer encumbered; and\n\n2. Two (2) years have elapsed from the date of the adverse\n\naction.\n\nF. Once an encumbered license in the home state is restored to\n\ngood standing, the licensee must meet the requirements of this\n\nCompact to obtain a compact privilege in any remote state.\n\nG. If a licensee's compact privilege in any remote state is\n\nremoved, the individual shall lose the compact privilege in any\n\nremote state until the following occur:\n\n1. The specific period of time for which the compact privilege\n\nwas removed has ended;\n\n2. All fines have been paid; and\n\n3. Two (2) years have elapsed from the date of the adverse\n\naction.\n\nH. Once the requirements of this Compact have been met, the\n\nlicense must meet the applicable requirements in this Compact to\n\nobtain a compact privilege in a remote state.\n\nARTICLE V\n\nActive Duty Military Personnel or their Spouses\n\nA licensee who is active duty military or is the spouse of an\n\nindividual who is active duty military may designate one of the\n\nfollowing as the home state:\n\n1. Home of record;\n\n2. Permanent Change of Station (PCS); or\n\n3. State of current residence if it is different than the PCS\n\nstate or home of record.\n\nARTICLE VI\n\nAdverse Actions\n\nA. A home state shall have exclusive power to impose adverse\n\naction against a license issued by the home state.\n\nB. A home state may take adverse action based on the\n\ninvestigative information of a remote state, so long as the home\n\nstate follows its own procedures for imposing adverse action.\n\nC. Nothing in this Compact shall override a member state's\n\ndecision that participation in an alternative program may be used in\n\nlieu of adverse action and that such participation shall remain\n\nnonpublic if required by the member state's laws. Member states\n\nshall require licensees who enter any alternative programs in lieu\n\nof discipline to agree not to practice in any other member state\n\nduring the term of the alternative program without prior\n\nauthorization from such other member state.\n\nD. Any member state may investigate actual or alleged\n\nviolations of the statutes and rules authorizing the practice of\n\nphysical therapy in any other member state in which a physical\nees who enter any alternative programs in lieu\n\nof discipline to agree not to practice in any other member state\n\nduring the term of the alternative program without prior\n\nauthorization from such other member state.\n\nD. Any member state may investigate actual or alleged\n\nviolations of the statutes and rules authorizing the practice of\n\nphysical therapy in any other member state in which a physical\n\ntherapist or physical therapist assistant holds a license or compact\n\nprivilege.\n\nE. A remote state shall have the authority to:\n\n1. Take adverse actions as set forth in this Compact against a\n\nlicensee's compact privilege in the state;\n\n2. Issue subpoenas for both hearings and investigations that\n\nrequire the attendance and testimony of witnesses, and the\n\nproduction of evidence. Subpoenas issued by a physical therapy\n\nlicensing board in a party state for the attendance and testimony of\n\nwitnesses, and/or the production of evidence from another party\n\nstate, shall be enforced in the latter state by any court of\n\ncompetent jurisdiction, according to the practice and procedure of\n\nthat court applicable to subpoenas issued in proceedings pending\n\nbefore it. The issuing authority shall pay any witness fees, travel\n\nexpenses, mileage and other fees required by the service statutes of\n\nthe state where the witnesses and/or evidence is located; and\n\n3. If otherwise permitted by state law, recover from the\n\nlicensee the costs of investigations and disposition of cases\n\nresulting from any adverse action taken against that licensee.\n\nF. In addition to the authority granted to a member state by\n\nits respective physical therapy practice act or other applicable\n\nstate law, a member state may participate with other member states\n\nin joint investigations of licensees.\n\nG. Member states shall share any investigative, litigation or\n\ncompliance materials in furtherance of any joint or individual\n\ninvestigation initiated under the Compact.\n\nARTICLE VII\n\nEstablishment of the Physical Therapy Compact Commission\n\nA. The Compact member states hereby create and establish a\n\njoint public agency known as the Physical Therapy Compact\n\nCommission.\n\n1. The Commission shall be an instrumentality of the Compact\n\nstates.\n\n2. Venue is proper and judicial proceedings by or against the\n\nCommission shall be brought solely and exclusively in a court of\n\ncompetent jurisdiction where the principal office of the Commission\n\nis located. The Commission may waive venue and jurisdictional\n\ndefenses to the extent it adopts or consents to participate in\n\nalternative dispute resolution proceedings.\n\n3. Nothing in this Compact shall be construed to be a waiver of\n\nsovereign immunity.\n\nB. Each member state shall have and be limited to one delegate\n\nselected by that member state's licensing board.\n\n1. The delegate shall be a current member of the licensing\n\nboard, who is a physical therapist, physical therapist assistant,\n\npublic member or the board administrator.\n\n2. Any delegate may be removed or suspended from office as\n\nprovided by the law of the state from which the delegate is\n\nappointed.\n\n3. The member state board shall fill any vacancy occurring in\n\nthe Commission.\n\n4. Each delegate shall be entitled to one vote with regard to\n\nthe promulgation of rules and creation of bylaws and shall otherwise\n\nhave an opportunity to participate in the business and affairs of\n\nthe Commission.\n\n5. A delegate shall vote in person or by such other means as\n\nprovided in the bylaws. The bylaws may provide for delegates'\n\nparticipation in meetings by telephone or other means of\n\ncommunication.\n\n6. The Commission shall meet at least once during each calendar\n\nyear. Additional meetings shall be held as set forth in the bylaws.\n\nC. The Commission shall have the following powers and duties:\n\n1. Establish the fiscal year of the Commission;\n\n2. Establish bylaws;\nvided in the bylaws. The bylaws may provide for delegates'\n\nparticipation in meetings by telephone or other means of\n\ncommunication.\n\n6. The Commission shall meet at least once during each calendar\n\nyear. Additional meetings shall be held as set forth in the bylaws.\n\nC. The Commission shall have the following powers and duties:\n\n1. Establish the fiscal year of the Commission;\n\n2. Establish bylaws;\n\n3. Maintain its financial records in accordance with the\n\nbylaws;\n\n4. Meet and take such actions as are consistent with the\n\nprovisions of this Compact and the bylaws;\n\n5. Promulgate uniform rules to facilitate and coordinate\n\nimplementation and administration of this Compact. The rules shall\n\nhave the force and effect of law and shall be binding in all member\n\nstates;\n\n6. Bring and prosecute legal proceedings or actions in the name\n\nof the Commission; provided, that the standing of any state physical\n\ntherapy licensing board to sue or be sued under applicable law shall\n\nnot be affected;\n\n7. Purchase and maintain insurance and bonds;\n\n8. Borrow, accept or contract for services of personnel,\n\nincluding, but not limited to, employees of a member state;\n\n9. Hire employees, elect or appoint officers, fix compensation,\n\ndefine duties, grant such individuals appropriate authority to carry\n\nout the purposes of the Compact, and to establish the Commission's\n\npersonnel policies and programs relating to conflicts of interest,\n\nqualifications of personnel and other related personnel matters;\n\n10. Accept any and all appropriate donations and grants of\n\nmoney, equipment, supplies, materials and services, and to receive,\n\nutilize and dispose of the same; provided, that at all times the\n\nCommission shall avoid any appearance of impropriety and/or conflict\n\nof interest;\n\n11. Lease, purchase, accept appropriate gifts or donations of,\n\nor otherwise to own, hold, improve or use, any property, real,\n\npersonal or mixed; provided, that at all times the Commission shall\n\navoid any appearance of impropriety;\n\n12. Sell, convey, mortgage, pledge, lease, exchange, abandon or\n\notherwise dispose of any property real, personal or mixed;\n\n13. Establish a budget and make expenditures;\n\n14. Borrow money;\n\n15. Appoint committees, including standing committees comprised\n\nof members, state regulators, state legislators or their\n\nrepresentatives, and consumer representatives, and such other\n\ninterested persons as may be designated in this Compact and the\n\nbylaws;\n\n16. Provide and receive information from, and cooperate with,\n\nlaw enforcement agencies;\n\n17. Establish and elect an Executive Board; and\n\n18. Perform such other functions as may be necessary or\n\nappropriate to achieve the purposes of this Compact consistent with\n\nthe state regulation of physical therapy licensure and practice.\n\nD. The Executive Board shall have the power to act on behalf of\n\nthe Commission according to the terms of this Compact.\n\n1. The Executive Board shall be comprised of nine (9) members:\n\na. seven voting members who are elected by the Commission\n\nfrom the current membership of the Commission,\n\nb. one ex officio, nonvoting member from the recognized\n\nnational physical therapy professional association,\n\nand\n\nc. one ex officio, nonvoting member from the recognized\n\nmembership organization of the physical therapy\n\nlicensing boards.\n\n2. The ex officio members shall be selected by their respective\n\norganizations.\n\n3. The Commission may remove any member of the Executive Board\n\nas provided in bylaws.\n\n4. The Executive Board shall meet at least annually.\n\n5. The Executive Board shall have the following duties and\n\nresponsibilities:\n\na. recommend to the entire Commission changes to the\n\nrules or bylaws, changes to this Compact legislation,\n\nfees paid by Compact member states such as annual\n\ndues, and any commission Compact fee charged to\n\nlicensees for the compact privilege,\n\nb. ensure Compact administration services are\nall meet at least annually.\n\n5. The Executive Board shall have the following duties and\n\nresponsibilities:\n\na. recommend to the entire Commission changes to the\n\nrules or bylaws, changes to this Compact legislation,\n\nfees paid by Compact member states such as annual\n\ndues, and any commission Compact fee charged to\n\nlicensees for the compact privilege,\n\nb. ensure Compact administration services are\n\nappropriately provided, contractual or otherwise,\n\nc. prepare and recommend the budget,\n\nd. maintain financial records on behalf of the\n\nCommission,\n\ne. monitor Compact compliance of member states and\n\nprovide compliance reports to the Commission,\n\nf. establish additional committees as necessary, and\n\ng. other duties as provided in rules or bylaws.\n\nE. All meetings shall be open to the public, and public notice\n\nof meetings shall be given in the same manner as required under the\n\nrulemaking provisions in this Compact.\n\n1. The Commission or the Executive Board or other committees of\n\nthe Commission may convene in a closed, nonpublic meeting if the\n\nCommission or Executive Board or other committees of the Commission\n\nmust discuss:\n\na. noncompliance of a member state with its obligations\n\nunder the Compact,\n\nb. the employment, compensation, discipline or other\n\nmatters, practices or procedures related to specific\n\nemployees or other matters related to the Commission's\n\ninternal personnel practices and procedures,\n\nc. current, threatened or reasonably anticipated\n\nlitigation,\n\nd. negotiation of contracts for the purchase, lease or\n\nsale of goods, services or real estate,\n\ne. accusing any person of a crime or formally censuring\n\nany person,\n\nf. disclosure of trade secrets or commercial or financial\n\ninformation that is privileged or confidential,\n\ng. disclosure of information of a personal nature where\n\ndisclosure would constitute a clearly unwarranted\n\ninvasion of personal privacy,\n\nh. disclosure of investigative records compiled for law\n\nenforcement purposes,\n\ni. disclosure of information related to any investigative\n\nreports prepared by or on behalf of or for use of the\n\nCommission or other committee charged with\n\nresponsibility of investigation or determination of\n\ncompliance issues pursuant to the Compact, or\n\nj. matters specifically exempted from disclosure by\n\nfederal or member state statute.\n\n2. If a meeting, or portion of a meeting, is closed pursuant to\n\nthis provision, the Commission's legal counsel or designee shall\n\ncertify that the meeting may be closed and shall reference each\n\nrelevant exempting provision.\n\n3. The Commission shall keep minutes that fully and clearly\n\ndescribe all matters discussed in a meeting and shall provide a full\n\nand accurate summary of actions taken, and the reasons therefor,\n\nincluding a description of the views expressed. All documents\n\nconsidered in connection with an action shall be identified in such\n\nminutes. All minutes and documents of a closed meeting shall remain\n\nunder seal, subject to release by a majority vote of the Commission\n\nor order of a court of competent jurisdiction.\n\nF. The Commission shall pay, or provide for the payment of, the\n\nreasonable expenses of its establishment, organization and ongoing\n\nactivities.\n\n1. The Commission may accept any and all appropriate revenue\n\nsources, donations, and grants of money, equipment, supplies,\n\nmaterials and services.\n\n2. The Commission may levy on and collect an annual assessment\n\nfrom each member state or impose fees on other parties to cover the\n\ncost of the operations and activities of the Commission and its\n\nstaff, which must be in a total amount sufficient to cover its\n\nannual budget as approved each year for which revenue is not\n\nprovided by other sources. The aggregate annual assessment amount\n\nshall be allocated based upon a formula to be determined by the\nsessment\n\nfrom each member state or impose fees on other parties to cover the\n\ncost of the operations and activities of the Commission and its\n\nstaff, which must be in a total amount sufficient to cover its\n\nannual budget as approved each year for which revenue is not\n\nprovided by other sources. The aggregate annual assessment amount\n\nshall be allocated based upon a formula to be determined by the\n\nCommission, which shall promulgate a rule binding upon all member\n\nstates.\n\n3. The Commission shall not incur obligations of any kind prior\n\nto securing the funds adequate to meet the same, nor shall the\n\nCommission pledge the credit of any of the member states, except by\n\nand with the authority of the member state.\n\n4. The Commission shall keep accurate accounts of all receipts\n\nand disbursements. The receipts and disbursements of the Commission\n\nshall be subject to the audit and accounting procedures established\n\nunder its bylaws. However, all receipts and disbursements of funds\n\nhandled by the Commission shall be audited yearly by a certified or\n\nlicensed public accountant, and the report of the audit shall be\n\nincluded in and become part of the annual report of the Commission.\n\nG. The members, officers, executive director, employees and\n\nrepresentatives of the Commission shall be immune from suit and\n\nliability, either personally or in their official capacity, for any\n\nclaim for damage to or loss of property or personal injury or other\n\ncivil liability caused by or arising out of any actual or alleged\n\nact, error or omission that occurred, or that the person against\n\nwhom the claim is made had a reasonable basis for believing occurred\n\nwithin the scope of Commission employment, duties or\n\nresponsibilities; provided, that nothing in this paragraph shall be\n\nconstrued to protect any such person from suit and/or liability for\n\nany damage, loss, injury or liability caused by the intentional or\n\nwillful or wanton misconduct of that person.\n\n1. The Commission shall defend any member, officer, executive\n\ndirector, employee or representative of the Commission in any civil\n\naction seeking to impose liability arising out of any actual or\n\nalleged act, error or omission that occurred within the scope of\n\nCommission employment, duties or responsibilities, or that the\n\nperson against whom the claim is made had a reasonable basis for\n\nbelieving occurred within the scope of Commission employment, duties\n\nor responsibilities; provided, that nothing herein shall be\n\nconstrued to prohibit that person from retaining his or her own\n\ncounsel; and provided further, that the actual or alleged act, error\n\nor omission did not result from that person's intentional or willful\n\nor wanton misconduct.\n\n2. The Commission shall indemnify and hold harmless any member,\n\nofficer, executive director, employee or representative of the\n\nCommission for the amount of any settlement or judgment obtained\n\nagainst that person arising out of any actual or alleged act, error\n\nor omission that occurred within the scope of Commission employment,\n\nduties or responsibilities, or that such person had a reasonable\n\nbasis for believing occurred within the scope of Commission\n\nemployment, duties or responsibilities, provided that the actual or\n\nalleged act, error or omission did not result from the intentional\n\nor willful or wanton misconduct of that person.\n\nARTICLE VIII\n\nData System\n\nA. The Commission shall provide for the development,\n\nmaintenance and utilization of a coordinated database and reporting\n\nsystem containing licensure, adverse action and investigative\n\ninformation on all licensed individuals in member states.\n\nB. Notwithstanding any other provision of state law to the\n\ncontrary, a member state shall submit a uniform data set to the data\n\nsystem on all individuals to whom this Compact is applicable as\n\nrequired by the rules of the Commission, including:\n\n1. Identifying information;\ng\n\nsystem containing licensure, adverse action and investigative\n\ninformation on all licensed individuals in member states.\n\nB. Notwithstanding any other provision of state law to the\n\ncontrary, a member state shall submit a uniform data set to the data\n\nsystem on all individuals to whom this Compact is applicable as\n\nrequired by the rules of the Commission, including:\n\n1. Identifying information;\n\n2. Licensure data;\n\n3. Adverse actions against a license or compact privilege;\n\n4. Nonconfidential information related to alternative program\n\nparticipation;\n\n5. Any denial of application for licensure, and the reason(s)\n\nfor such denial; and\n\n6. Other information that may facilitate the administration of\n\nthis Compact, as determined by the rules of the Commission.\n\nC. Investigative information pertaining to a licensee in any\n\nmember state will only be available to other party states.\n\nD. The Commission shall promptly notify all member states of\n\nany adverse action taken against a licensee or an individual\n\napplying for a license. Adverse action information pertaining to a\n\nlicensee in any member state will be available to any other member\n\nstate.\n\nE. Member states contributing information to the data system\n\nmay designate information that may not be shared with the public\n\nwithout the express permission of the contributing state.\n\nF. Any information submitted to the data system that is\n\nsubsequently required to be expunged by the laws of the member state\n\ncontributing the information shall be removed from the data system.\n\nARTICLE IX\n\nRulemaking\n\nA. The Commission shall exercise its rulemaking powers pursuant\n\nto the criteria set forth in this Article and the rules adopted\n\nthereunder. Rules and amendments shall become binding as of the\n\ndate specified in each rule or amendment.\n\nB. If a majority of the legislatures of the member states\n\nrejects a rule, by enactment of a statute or resolution in the same\n\nmanner used to adopt the Compact within four (4) years of the date\n\nof adoption of the rule, then such rule shall have no further force\n\nand effect in any member state.\n\nC. Rules or amendments to the rules shall be adopted at a\n\nregular or special meeting of the Commission.\n\nD. Prior to promulgation and adoption of a final rule or rules\n\nby the Commission, and at least thirty (30) days in advance of the\n\nmeeting at which the rule will be considered and voted upon, the\n\nCommission shall file a Notice of Proposed Rulemaking:\n\n1. On the website of the Commission or other publicly\n\naccessible platform; and\n\n2. On the website of each member state physical therapy\n\nlicensing board or other publicly accessible platform or the\n\npublication in which each state would otherwise publish proposed\n\nrules.\n\nE. The Notice of Proposed Rulemaking shall include:\n\n1. The proposed time, date and location of the meeting in which\n\nthe rule will be considered and voted upon;\n\n2. The text of the proposed rule or amendment and the reason\n\nfor the proposed rule;\n\n3. A request for comments on the proposed rule from any\n\ninterested person; and\n\n4. The manner in which interested persons may submit notice to\n\nthe Commission of their intention to attend the public hearing and\n\nany written comments.\n\nF. Prior to adoption of a proposed rule, the Commission shall\n\nallow persons to submit written data, facts, opinions and arguments,\n\nwhich shall be made available to the public.\n\nG. The Commission shall grant an opportunity for a public\n\nhearing before it adopts a rule or amendment if a hearing is\n\nrequested by:\n\n1. At least twenty-five persons;\n\n2. A state or federal governmental subdivision or agency; or\n\n3. An association having at least twenty-five members.\n\nH. If a hearing is held on the proposed rule or amendment, the\n\nCommission shall publish the place, time and date of the scheduled\n\npublic hearing. If the hearing is held via electronic means, the\na rule or amendment if a hearing is\n\nrequested by:\n\n1. At least twenty-five persons;\n\n2. A state or federal governmental subdivision or agency; or\n\n3. An association having at least twenty-five members.\n\nH. If a hearing is held on the proposed rule or amendment, the\n\nCommission shall publish the place, time and date of the scheduled\n\npublic hearing. If the hearing is held via electronic means, the\n\nCommission shall publish the mechanism for access to the electronic\n\nhearing.\n\n1. All persons wishing to be heard at the hearing shall notify\n\nthe executive director of the Commission or other designated member\n\nin writing of their desire to appear and testify at the hearing not\n\nless than five (5) business days before the scheduled date of the\n\nhearing.\n\n2. Hearings shall be conducted in a manner providing each\n\nperson who wishes to comment a fair and reasonable opportunity to\n\ncomment orally or in writing.\n\n3. All hearings will be recorded. A copy of the recording will\n\nbe made available on request.\n\n4. Nothing in this section shall be construed as requiring a\n\nseparate hearing on each rule. Rules may be grouped for the\n\nconvenience of the Commission at hearings required by this section.\n\nI. Following the scheduled hearing date, or by the close of\n\nbusiness on the scheduled hearing date if the hearing was not held,\n\nthe Commission shall consider all written and oral comments\n\nreceived.\n\nJ. If no written notice of intent to attend the public hearing\n\nby interested parties is received, the Commission may proceed with\n\npromulgation of the proposed rule without a public hearing.\n\nK. The Commission shall, by majority vote of all members, take\n\nfinal action on the proposed rule and shall determine the effective\n\ndate of the rule, if any, based on the rulemaking record and the\n\nfull text of the rule.\n\nL. Upon determination that an emergency exists, the Commission\n\nmay consider and adopt an emergency rule without prior notice,\n\nopportunity for comment, or hearing; provided, that the usual\n\nrulemaking procedures provided in the Compact and in this section\n\nshall be retroactively applied to the rule as soon as reasonably\n\npossible, and in no event later than ninety (90) days after the\n\neffective date of the rule. For the purposes of this provision, an\n\nemergency rule is one that must be adopted immediately in order to:\n\n1. Meet an imminent threat to public health, safety or welfare;\n\n2. Prevent a loss of Commission or member state funds;\n\n3. Meet a deadline for the promulgation of an administrative\n\nrule that is established by federal law or rule; or\n\n4. Protect public health and safety.\n\nM. The Commission or an authorized committee of the Commission\n\nmay direct revisions to a previously adopted rule or amendment for\n\npurposes of correcting typographical errors, errors in format,\n\nerrors in consistency or grammatical errors. Public notice of any\n\nrevisions shall be posted on the website of the Commission. The\n\nrevision shall be subject to challenge by any person for a period of\n\nthirty (30) days after posting. The revision may be challenged only\n\non grounds that the revision results in a material change to a rule.\n\nA challenge shall be made in writing, and delivered to the chair of\n\nthe Commission prior to the end of the notice period. If no\n\nchallenge is made, the revision will take effect without further\n\naction. If the revision is challenged, the revision may not take\n\neffect without the approval of the Commission.\n\nARTICLE X\n\nOversight, Dispute Resolution, and Enforcement\n\nA. The executive, legislative and judicial branches of state\n\ngovernment in each member state shall enforce this Compact and take\n\nall actions necessary and appropriate to effectuate the Compact's\n\npurposes and intent. The provisions of this Compact and the rules\n\npromulgated hereunder shall have standing as statutory law.\nations Page 821\n\nARTICLE X\n\nOversight, Dispute Resolution, and Enforcement\n\nA. The executive, legislative and judicial branches of state\n\ngovernment in each member state shall enforce this Compact and take\n\nall actions necessary and appropriate to effectuate the Compact's\n\npurposes and intent. The provisions of this Compact and the rules\n\npromulgated hereunder shall have standing as statutory law.\n\nB. All courts shall take judicial notice of the Compact and the\n\nrules in any judicial or administrative proceeding in a member state\n\npertaining to the subject matter of this Compact which may affect\n\nthe powers, responsibilities or actions of the Commission.\n\nC. The Commission shall be entitled to receive service of\n\nprocess in any such proceeding, and shall have standing to intervene\n\nin such a proceeding for all purposes. Failure to provide service\n\nof process to the Commission shall render a judgment or order void\n\nas to the Commission, this Compact, or promulgated rules.\n\nD. 1. If the Commission determines that a member state has\n\ndefaulted in the performance of its obligations or responsibilities\n\nunder this Compact or the promulgated rules, the Commission shall:\n\na. provide written notice to the defaulting state and\n\nother member states of the nature of the default, the\n\nproposed means of curing the default and/or any other\n\naction to be taken by the Commission, and\n\nb. provide remedial training and specific technical\n\nassistance regarding the default.\n\n2. If a state in default fails to cure the default, the\n\ndefaulting state may be terminated from the Compact upon an\n\naffirmative vote of a majority of the member states, and all rights,\n\nprivileges and benefits conferred by this Compact may be terminated\n\non the effective date of termination. A cure of the default does\n\nnot relieve the offending state of obligations or liabilities\n\nincurred during the period of default.\n\n3. Termination of membership in the Compact shall be imposed\n\nonly after all other means of securing compliance have been\n\nexhausted. Notice of intent to suspend or terminate shall be given\n\nby the Commission to the Governor, the majority and minority leaders\n\nof the defaulting state's legislature, and each of the member\n\nstates.\n\n4. A state that has been terminated is responsible for all\n\nassessments, obligations and liabilities incurred through the\n\neffective date of termination, including obligations that extend\n\nbeyond the effective date of termination.\n\n5. The Commission shall not bear any costs related to a state\n\nthat is found to be in default or that has been terminated from the\n\nCompact, unless agreed upon in writing between the Commission and\n\nthe defaulting state.\n\n6. The defaulting state may appeal the action of the Commission\n\nby petitioning the U.S. District Court for the District of Columbia\n\nor the federal district where the Commission has its principal\n\noffices. The prevailing member shall be awarded all costs of such\n\nlitigation, including reasonable attorney fees.\n\nE. 1. Upon request by a member state, the Commission shall\n\nattempt to resolve disputes related to the Compact that arise among\n\nmember states and between member and nonmember states.\n\n2. The Commission shall promulgate a rule providing for both\n\nmediation and binding dispute resolution for disputes as\n\nappropriate.\n\nF. 1. The Commission, in the reasonable exercise of its\n\ndiscretion, shall enforce the provisions and rules of this Compact.\n\n2. By majority vote, the Commission may initiate legal action\n\nin the United States District Court for the District of Columbia or\n\nthe federal district where the Commission has its principal offices\n\nagainst a member state in default to enforce compliance with the\n\nprovisions of the Compact and its promulgated rules and bylaws. The\n\nrelief sought may include both injunctive relief and damages. In\n\nthe event judicial enforcement is necessary, the prevailing member\ne United States District Court for the District of Columbia or\n\nthe federal district where the Commission has its principal offices\n\nagainst a member state in default to enforce compliance with the\n\nprovisions of the Compact and its promulgated rules and bylaws. The\n\nrelief sought may include both injunctive relief and damages. In\n\nthe event judicial enforcement is necessary, the prevailing member\n\nshall be awarded all costs of such litigation, including reasonable\n\nattorney fees.\n\n3. The remedies herein shall not be the exclusive remedies of\n\nthe Commission. The Commission may pursue any other remedies\n\navailable under federal or state law.\n\nARTICLE XI\n\nDate of Implementation, Associated Rules, Withdrawal or Amendment\n\nA. The Compact shall come into effect on the date on which the\n\nCompact statute is enacted into law in the tenth member state. The\n\nprovisions, which become effective at that time, shall be limited to\n\nthe powers granted to the Commission relating to assembly and the\n\npromulgation of rules. Thereafter, the Commission shall meet and\n\nexercise rulemaking powers necessary to the implementation and\n\nadministration of the Compact.\n\nB. Any state that joins the Compact subsequent to the\n\nCommission's initial adoption of the rules shall be subject to the\n\nrules as they exist on the date on which the Compact becomes law in\n\nthat state. Any rule that has been previously adopted by the\n\nCommission shall have the full force and effect of law on the day\n\nthe Compact becomes law in that state.\n\nC. Any member state may withdraw from this Compact by enacting\n\na statute repealing the same.\n\n1. A member state's withdrawal shall not take effect until six\n\n(6) months after enactment of the repealing statute.\n\n2. Withdrawal shall not affect the continuing requirement of\n\nthe withdrawing state's physical therapy licensing board to comply\n\nwith the investigative and adverse action reporting requirements of\n\nthis act prior to the effective date of withdrawal.\n\nD. Nothing contained in this Compact shall be construed to\n\ninvalidate or prevent any physical therapy licensure agreement or\n\nother cooperative arrangement between a member state and a nonmember\n\nstate that does not conflict with the provisions of this Compact.\n\nE. This Compact may be amended by the member states. No\n\namendment to this Compact shall become effective and binding upon\n\nany member state until it is enacted into the laws of all member\n\nstates.\n\nARTICLE XII\n\nConstruction and Severability\n\nThis Compact shall be liberally construed so as to effectuate\n\nthe purposes thereof. The provisions of this Compact shall be\n\nseverable and if any phrase, clause, sentence or provision of this\n\nCompact is declared to be contrary to the constitution of any party\n\nstate or of the United States or the applicability thereof to any\n\ngovernment, agency, person or circumstance is held invalid, the\n\nvalidity of the remainder of this Compact and the applicability\n\nthereof to any government, agency, person or circumstance shall not\n\nbe affected thereby. If this Compact shall be held contrary to the\n\nconstitution of any party state, the Compact shall remain in full\n\nforce and effect as to the remaining party states and in full force\n\nand effect as to the party state affected as to all severable\n\nmatters.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"23d0540c4deef98d5c2c82f0b67c733fb4a4420c630a491f6aef8a3446a680db","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-887.18","next":"us-ok/okla.-stat.-tit.-59-59-887.2"},"notice":"GroundRules: Original legal text. Not legal advice."}