SDLRC - 2020 Senate Bill 60 - SD Legislature adopt the Physical Therapist Licensure Compact.
ENTITLED An Act to
adopt the Physical
Therapist Licensure Compact.
by the Legislature of the State of South Dakota:
That a NEW SECTION be added:
Therapist Licensure Compact.
Physical Therapy Licensure Compact is enacted into law and entered
into with all other jurisdictions that legally join the compact,
which is substantially as follows:
THERAPY LICENSURE COMPACT
purpose of this Compact is to facilitate interstate practice of
physical therapy with the goal of improving public access to physical
therapy services. The practice of physical therapy occurs in the
state where the patient/client is located at the time of the
patient/client encounter. The Compact preserves the regulatory
authority of states to protect public health and safety through the
current system of state licensure.
Compact is designed to achieve the following objectives:
public access to physical therapy services by providing for the
mutual recognition of other member state licenses;
the states’ ability to protect the public’s health and
the cooperation of member states in regulating multi-state physical
spouses of relocating military members;
the exchange of licensure, investigative, and disciplinary
information between member states; and
a remote state to hold a provider of services with a compact
privilege in that state accountable to that state’s practice
used in this Compact, and except as otherwise provided, the following
definitions shall apply:
Duty Military" means full-time duty status in the active
uniformed service of the United States, including members of the
National Guard and Reserve on active duty orders pursuant to 10
U.S.C. Section 1209 and 1211.
Action" means disciplinary action taken by a physical therapy
licensing board based upon misconduct, unacceptable performance, or a
combination of both.
Program" means a non-disciplinary monitoring or practice
remediation process approved by a physical therapy licensing board.
This includes, but is not limited to, substance abuse issues.
privilege" means the authorization granted by a remote state to
allow a licensee from another member state to practice as a physical
therapist or work as a physical therapist assistant in the remote
state under its laws and rules. The practice of physical therapy
occurs in the member state where the patient/client is located at the
time of the patient/client encounter.
competence" means a requirement, as a condition of license
renewal, to provide evidence of participation in, and/or completion
of, educational and professional activities relevant to practice or
area of work.
system" means a repository of information about licensees,
including examination, licensure, investigative, compact privilege,
and adverse action.
license" means a license that a physical therapy licensing board
has limited in any way.
Board" means a group of directors elected or appointed to act on
behalf of, and within the powers granted to them by, the Commission.
state" means the member state that is the licensee's primary
state of residence.
information" means information, records, and documents received
or generated by a physical therapy licensing board pursuant to an
Requirement" means the assessment of an individual's knowledge
of the laws and rules governing the practice of physical therapy in a
means an individual who currently holds an authorization from the
state to practice as a physical therapist or to work as a physical
state" means a state that has enacted the Compact.
state" means any member state in which a licensee holds a
current license or compact privilege or is applying for a license or
therapist" means an individual who is licensed by a state to
practice physical therapy.
therapist assistant" means an individual who is
licensed/certified by a state and who assists the physical therapist
in selected components of physical therapy.
therapy," "physical therapy practice," and "the
practice of physical therapy" mean the care and services
provided by or under the direction and supervision of a licensed
Therapy Compact Commission" or "Commission" means the
national administrative body whose membership consists of all states
that have enacted the Compact.
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.
State" means a member state other than the home state, where a
licensee is exercising or seeking to exercise the compact privilege.
means a regulation, principle, or directive promulgated by the
Commission that has the force of law.
means any state, commonwealth, district, or territory of the United
States of America that regulates the practice of physical therapy.
3. STATE PARTICIPATION IN THE COMPACT
participate in the Compact, a state must:
fully in the Commission’s data system, including using the
Commission’s unique identifier as defined in rules;
a mechanism in place for receiving and investigating complaints about
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;
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
with the rules of the Commission;
a recognized national examination as a requirement for licensure
pursuant to the rules of the Commission; and
continuing competence requirements as a condition for license
adoption of this statute, the member state shall have the authority
to obtain biometric-based information from each physical therapy
licensure applicant and submit this information to the Federal Bureau
of Investigation for a criminal background check in accordance with
28 U.S.C. §534 and 42 U.S.C. §14616.
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.
states may charge a fee for granting a compact privilege.
4. COMPACT PRIVILEGE
exercise the compact privilege under the terms and provisions of the
Compact, the licensee shall:
a license in the home state;
no encumbrance on any state license;
eligible for a compact privilege in any member state in accordance
with Section 4D, G and H;
not had any adverse action against any license or compact privilege
within the previous 2 years;
the Commission that the licensee is seeking the compact privilege
within a remote state(s);
any applicable fees, including any state fee, for the compact
any jurisprudence requirements established by the remote state(s) in
which the licensee is seeking a compact privilege; and
to the Commission adverse action taken by any non-member state within
30 days from the date the adverse action is taken.
compact privilege is valid until the expiration date of the home
license. The licensee must comply with the requirements of Section
4.A. to maintain the compact privilege in the remote state.
licensee providing physical therapy in a remote state under the
compact privilege shall function within the laws and regulations of
the remote state.
licensee providing physical therapy in a remote state is subject to
that state’s regulatory authority. A remote state may, in
accordance with due process and that state’s laws, remove a
licensee’s compact privilege in the remote state for a specific
period of time, impose fines, and/or take any other necessary actions
to protect the health and safety of its citizens. The licensee is
not eligible for a compact privilege in any state until the specific
time for removal has passed and all fines are paid.
a home state license is encumbered, the licensee shall lose the
compact privilege in any remote state until the following occur:
home state license is no longer encumbered; and
years have elapsed from the date of the adverse action.
an encumbered license in the home state is restored to good standing,
the licensee must meet the requirements of Section 4A to obtain a
compact privilege in any remote state.
a licensee’s compact privilege in any remote state is removed,
the individual shall lose the compact privilege in any remote state
until the following occur:
specific period of time for which the compact privilege was removed
fines have been paid; and
years have elapsed from the date of the adverse action.
the requirements of Section 4G have been met, the license must meet
the requirements in Section 4A to obtain a compact privilege in a
5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
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:
Change of Station (PCS); or
of current residence if it is different than the PCS state or home of
6. ADVERSE ACTIONS
home state shall have exclusive power to impose adverse action
against a license issued by the home state.
home state may take adverse action based on the investigative
information of a remote state, so long as the home state follows its
own procedures for imposing adverse action.
in this Compact shall override a member state’s decision that
participation in an alternative program may be used in lieu of
adverse action and that such participation shall remain non-public 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 may investigate actual or alleged violations of the
statutes and rules authorizing the practice of physical therapy in
any other member state in which a physical therapist or physical
therapist assistant holds a license or compact privilege.
remote state shall have the authority to:
adverse actions as set forth in Section 4.D. against a licensee’s
compact privilege in the state;
subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses, and the production of
evidence. Subpoenas issued by a physical therapy licensing board in a
party state for the attendance and testimony of witnesses, and/or the
production of evidence from another party state, shall be enforced in
the latter state by any court of competent jurisdiction, according to
the practice and procedure of that court applicable to subpoenas
issued in proceedings pending before it. The issuing authority shall
pay any witness fees, travel expenses, mileage, and other fees
required by the service statutes of the state where the witnesses
and/or evidence are located; and
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.
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.
states shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation
initiated under the Compact.
7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION.
Compact member states hereby create and establish a joint public
agency known as the Physical Therapy Compact Commission:
Commission is an instrumentality of the Compact states.
is proper and judicial proceedings by or against the Commission shall
be brought solely and exclusively in a court of competent
jurisdiction where the principal office of the Commission is located.
The Commission may waive venue and jurisdictional defenses to the
extent it adopts or consents to participate in alternative dispute
in this Compact shall be construed to be a waiver of sovereign
Voting, and Meetings
member state shall have and be limited to one (1) delegate selected
by that member state’s licensing board.
delegate shall be a current member of the licensing board, who is a
physical therapist, physical therapist assistant, public member, or
the board administrator.
delegate may be removed or suspended from office as provided by the
law of the state from which the delegate is appointed.
member state board shall fill any vacancy occurring in the
delegate shall be entitled to one (1) vote with regard to the
promulgation of rules and creation of bylaws and shall otherwise have
an opportunity to participate in the business and affairs of the
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.
Commission shall meet at least once during each calendar year.
Additional meetings shall be held as set forth in the bylaws.
Commission shall have the following powers and duties:
the fiscal year of the Commission;
its financial records in accordance with the bylaws;
and take such actions as are consistent with the provisions of this
Compact and the bylaws;
uniform rules to facilitate and coordinate implementation and
administration of this Compact. The rules shall have the force and
effect of law and shall be binding in all member states;
and prosecute legal proceedings or actions in the name of the
Commission, provided that the standing of any state physical therapy
licensing board to sue or be sued under applicable law shall not be
and maintain insurance and bonds;
accept, or contract for services of personnel, including, but not
limited to, employees of a member state;
employees, elect or appoint officers, fix compensation, define
duties, grant such individuals appropriate authority to carry out the
purposes of the Compact, and to establish the Commission’s
personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters;
any and all appropriate donations and grants of money, equipment,
supplies, materials and services, and to receive, utilize and dispose
of the same; provided that at all times the Commission shall avoid
any appearance of impropriety and/or conflict of interest;
purchase, accept appropriate gifts or donations of, or otherwise to
own, hold, improve or use, any property, real, personal or mixed;
provided that at all times the Commission shall avoid any appearance
convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property real, personal, or mixed;
a budget and make expenditures;
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;
and receive information from, and cooperate with, law enforcement
and elect an Executive Board; and
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.
Executive Board shall have the power to act on behalf of the
Commission according to the terms of this Compact.
Executive Board shall be composed of nine members:
voting members who are elected by the Commission from the current
membership of the Commission;
ex-officio, nonvoting member from the recognized national physical
therapy professional association; and
ex-officio, nonvoting member from the recognized membership
organization of the physical therapy licensing boards.
ex-officio members will be selected by their respective
Commission may remove any member of the Executive Board as provided
Executive Board shall meet at least annually.
Executive Board shall have the following duties and responsibilities:
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;
Compact administration services are appropriately provided,
contractual or otherwise;
and recommend the budget;
financial records on behalf of the Commission;
Compact compliance of member states and provide compliance reports to
additional committees as necessary; and
duties as provided in rules or bylaws.
of the Commission
meetings shall be open to the public, and public notice of meetings
shall be given in the same manner as required under the rulemaking
provisions in Section 9.
Commission or the Executive Board or other committees of the
Commission may convene in a closed, non-public meeting if the
Commission or Executive Board or other committees of the Commission
of a member state with its obligations under the Compact;
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;
threatened, or reasonably anticipated litigation;
of contracts for the purchase, lease, or sale of goods, services, or
any person of a crime or formally censuring any person;
of trade secrets or commercial or financial information that is
privileged or confidential;
of information of a personal nature where disclosure would constitute
a clearly unwarranted invasion of personal privacy;
of investigative records compiled for law enforcement purposes;
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
specifically exempted from disclosure by federal or member state
a meeting, or portion of a meeting, is closed pursuant to this
provision, the Commission’s legal counsel or designee shall
certify that the meeting may be closed and shall reference each
relevant exempting provision.
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 therefor, including a
description of the views expressed. All documents considered in
connection with an action shall be identified in such minutes. All
minutes and documents of a closed meeting shall remain under seal,
subject to release by a majority vote of the Commission or order of a
court of competent jurisdiction.
of the Commission
Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
Commission may accept any and all appropriate revenue sources,
donations, and grants of money, equipment, supplies, materials, and
Commission may levy on and collect an annual assessment from each
member state or impose fees on other parties to cover the cost of the
operations and activities of the Commission and its staff, which must
be in a total amount sufficient to cover its annual budget as
approved each year for which revenue is not provided by other
sources. The aggregate annual assessment amount shall be allocated
based upon a formula to be determined by the Commission, which shall
promulgate a rule binding upon all member states.
Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Commission pledge
the credit of any of the member states, except by and with the
authority of the member state.
Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall
be subject to the audit and accounting procedures established under
its bylaws. However, all receipts and disbursements of funds handled
by the Commission shall be audited yearly by a certified or licensed
public accountant, and the report of the audit shall be included in
and become part of the annual report of the Commission.
Immunity, Defense, and Indemnification
members, officers, executive director, employees and representatives
of the Commission shall be immune from suit and liability, either
personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability
caused by or arising out of any actual or alleged act, error or
omission that occurred, or that the person against whom the claim is
made had a reasonable basis for believing occurred within the scope
of Commission employment, duties or responsibilities; provided that
nothing in this paragraph shall be construed to protect any such
person from suit and/or liability for any damage, loss, injury, or
liability caused by the intentional or willful or wanton misconduct
of that person.
Commission shall defend any member, officer, executive director,
employee or representative of the Commission in any civil action
seeking to impose liability arising out of any actual or alleged act,
error, or omission that occurred within the scope of Commission
employment, duties, or responsibilities, or that the person against
whom the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties, or
responsibilities; provided that nothing herein shall be construed to
prohibit that person from retaining his or her own counsel; and
provided further, that the actual or alleged act, error, or omission
did not result from that person’s intentional or willful or
Commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the Commission for
the amount of any settlement or judgment obtained against that person
arising out of any actual or alleged act, error or omission that
occurred within the scope of Commission employment, duties, or
responsibilities, or that such person had a reasonable basis for
believing occurred within the scope of Commission employment, duties,
or responsibilities, provided that the actual or alleged act, error,
or omission did not result from the intentional or willful or wanton
misconduct of that person.
8. DATA SYSTEM
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.
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
actions against a license or compact privilege;
information related to alternative program participation;
denial of application for licensure, and the reason(s) for such
information that may facilitate the administration of this Compact,
as determined by the rules of the Commission.
information pertaining to a licensee in any member state will only be
available to other party states.
Commission shall promptly notify all member states of any adverse
action taken against a licensee or an individual applying for a
license. Adverse action information pertaining to a licensee in any
member state will be available to any other member state.
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.
information submitted to the data system that is subsequently
required to be expunged by the laws of the member state contributing
the information shall be removed from the data system.
Commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this Section and the rules adopted thereunder.
Rules and amendments shall become binding as of the date specified in
each rule or amendment.
a majority of the legislatures of the member states rejects a rule,
by enactment of a statute or resolution in the same manner used to
adopt the Compact within 4 years of the date of adoption of the rule,
then such rule shall have no further force and effect in any member
or amendments to the rules shall be adopted at a regular or special
meeting of the Commission.
to promulgation and adoption of a final rule or rules by the
Commission, and at least thirty (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:
the website of the Commission or other publicly accessible platform;
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.
Notice of Proposed Rulemaking shall include:
proposed time, date, and location of the meeting in which the rule
will be considered and voted upon;
text of the proposed rule or amendment and the reason for the
request for comments on the proposed rule from any interested person;
manner in which interested persons may submit notice to the
Commission of their intention to attend the public hearing and any
to adoption of a proposed rule, the Commission shall allow persons to
submit written data, facts, opinions, and arguments, which shall be
made available to the public.
Commission shall grant an opportunity for a public hearing before it
adopts a rule or amendment if a hearing is requested by:
least twenty-five (25) persons;
state or federal governmental subdivision or agency; or
association having at least twenty-five (25) members.
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.
persons wishing to be heard at the hearing shall notify the executive
director of the Commission or other designated member in writing of
their desire to appear and testify at the hearing not less than five
(5) business days before the scheduled date of the hearing.
shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in
hearings will be recorded. A copy of the recording will be made
available on request.
in this section shall be construed as requiring a separate hearing on
each rule. Rules may be grouped for the convenience of the Commission
at hearings required by this section.
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.
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.
Commission shall, by majority vote of all members, take final action
on the proposed rule and shall determine the effective date of the
rule, if any, based on the rulemaking record and the full text of the
determination that an emergency exists, the Commission may consider
and adopt an emergency rule without prior notice, opportunity for
comment, or hearing, provided that the usual rulemaking procedures
provided in the Compact and in this section shall be retroactively
applied to the rule as soon as reasonably possible, in no event later
than ninety (90) days after the effective date of the rule. For the
purposes of this provision, an emergency rule is one that must be
adopted immediately in order to:
an imminent threat to public health, safety, or welfare;
a loss of Commission or member state funds;
a deadline for the promulgation of an administrative rule that is
established by federal law or rule; or
public health and safety.
Commission or an authorized committee of the Commission may direct
revisions to a previously adopted rule or amendment for purposes of
correcting typographical errors, errors in format, errors in
consistency, or grammatical errors. Public notice of any revisions
shall be posted on the website of the Commission. The revision shall
be subject to challenge by any person for a period of thirty (30)
days after posting. The revision may be challenged only on grounds
that the revision results in a material change to a rule. A challenge
shall be made in writing and delivered to the chair of the Commission
prior to the end of the notice period. If no challenge is made, the
revision will take effect without further action. If the revision is
challenged, the revision may not take effect without the approval of
10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
executive, legislative, and judicial branches of state government in
each member state shall enforce this Compact and take all actions
necessary and appropriate to effectuate the Compact’s purposes
and intent. The provisions of this Compact and the rules promulgated
hereunder shall have standing as statutory law.
courts shall take judicial notice of the Compact and the rules in any
judicial or administrative proceeding in a member state pertaining to
the subject matter of this Compact which may affect the powers,
responsibilities or actions of the Commission.
Commission shall be entitled to receive service of process in any
such proceeding and shall have standing to intervene in such a
proceeding for all purposes. Failure to provide service of process to
the Commission shall render a judgment or order void as to the
Commission, this Compact, or promulgated rules.
Technical Assistance, and Termination
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:
written notice to the defaulting state and other member states of the
nature of the default, the proposed means of curing the default
and/or any other action to be taken by the Commission; and
remedial training and specific technical assistance regarding the
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.
of membership in the Compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the Commission to the
governor, the majority and minority leaders of the defaulting state’s
legislature, and each of the member states.
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.
Commission shall not bear any costs related to a state that is found
to be in default or that has been terminated from the Compact, unless
agreed upon in writing between the Commission and the defaulting
defaulting state may appeal the action of the Commission by
petitioning the U.S. District Court for the District of Columbia or
the federal district where the Commission has its principal offices.
The prevailing member shall be awarded all costs of such litigation,
including reasonable attorney’s fees.
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 non-member states.
Commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
Commission, in the reasonable exercise of its discretion, shall
enforce the provisions and rules of this Compact.
majority vote, the Commission may initiate legal action in the United
States District Court for the District of Columbia or the federal
district where the Commission has its principal offices against a
member state in default to enforce compliance with the provisions of
the Compact and its promulgated rules and bylaws. The relief sought
may include both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing member shall be awarded all
costs of such litigation, including reasonable attorney’s fees.
remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies available
under federal or state law.
11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL
THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
Compact shall come into effect on the date on which the Compact
statute is enacted into law in the tenth member state. The
provisions, which become effective at that time, shall be limited to
the powers granted to the Commission relating to assembly and the
promulgation of rules. Thereafter, the Commission shall meet and
exercise rulemaking powers necessary to the implementation and
administration of the Compact.
state that joins the Compact subsequent to the Commission’s
initial adoption of the rules shall be subject to the rules as they
exist on the date on which the Compact becomes law in that state. Any
rule that has been previously adopted by the Commission shall have
the full force and effect of law on the day the Compact becomes law
in that state.
member state may withdraw from this Compact by enacting a statute
repealing the same.
member state’s withdrawal shall not take effect until six (6)
months after enactment of the repealing statute.
shall not affect the continuing requirement of the withdrawing
state’s physical therapy licensing board to comply with the
investigative and adverse action reporting requirements of this act
prior to the effective date of withdrawal.
contained in this Compact shall be construed to invalidate or prevent
any physical therapy licensure agreement or other cooperative
arrangement between a member state and a non-member state that does
not conflict with the provisions of this Compact.
Compact may be amended by the member states. No amendment to this
Compact shall become effective and binding upon any member state
until it is enacted into the laws of all member states.
12. CONSTRUCTION AND SEVERABILITY
Compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this Compact shall be severable and if
any phrase, clause, sentence or provision of this Compact is declared
to be contrary to the constitution of any party state or of the
United States or the applicability thereof to any government, agency,
person or circumstance is held invalid, the validity of the remainder
of this Compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If
this Compact shall be held contrary to the constitution of any party
state, the Compact shall remain in full force and effect as to the
remaining party states and in full force and effect as to the party
state affected as to all severable matters.
That a NEW SECTION be added:
addition to the requirements in § § 36-10-27 and
an applicant for licensure shall submit to the board a full set of
the applicant’s fingerprints in a form and manner prescribed by
the board. The board shall deliver the fingerprints to the Division
of Criminal Investigation to conduct a state and federal criminal
history record background check by the division and the Federal
Bureau of Investigation. The applicant shall sign a release of
information to the board and pay any fees for the background check
including fingerprinting. Upon completion of the background check,
the division shall deliver to the board all criminal history record
information regarding the applicant, and the board shall consider
this information in determining whether to issue a license to the
applicant. The board may not issue a license to the applicant before
receiving this information. The board may not disseminate an
applicant’s criminal history record information to any person
outside the board. The board may require any licensee who is the
subject of a disciplinary investigation by the board to submit to a
state and federal criminal history record background check. The board
may deny the issuance of a license or suspend or revoke a license for
failure to submit to or cooperate with a criminal background check.
That § 36-10-18 be AMENDED:
Terms used in §§ 36-10-18
through 36-10-52 mean:
(1) "Board of Examiners,"
or "board," the South Dakota State Board of Medical and
(2) "Physical therapist,"
a person licensed in this state to practice physical therapy under
the provisions of this chapter;
(3) "Physical therapy,"
the practice of physical therapy as defined in § 36-10-18.1;
(4) "Physical therapist
assistant," a person who is a graduate of an accredited physical
therapist assistant education program as determined by the board, who
has passed an examination approved by the board, and who assists in
providing physical therapy services under the supervision of a
(5) "Physical therapy
advisory committee," the committee provided for in this chapter.
That § 36-10-18.1 be AMENDED:
For the purposes of §§
36-10-18 through 36-10-52,
the practice of physical therapy is the examination and evaluation of
patients with mechanical, physiological, and developmental
impairments, functional limitation, and disability or other similar
conditions in order to determine a diagnosis, prognosis, and
therapeutic intervention; alleviation of impairments and functional
limitations by designing, implementing, and modifying therapeutic
interventions that include therapeutic exercise, functional training
in community or work reintegration, manual therapy techniques
including soft tissue and joint mobilization, assistive and adaptive
devices and equipment, bronchopulmonary hygiene, debridement and
wound care, physical agents and mechanical modalities, therapeutic
massage, electrotherapeutic modalities, and patient-related
instruction; prevention of injury, impairments, functional
limitations, and disability including the promotion and maintenance
of fitness, health, and quality of life in all age populations; and
consultation, education, and research.
That § 36-10-37 be REPEALED.
Procedure for adoption
of rules and regulations.
An Act to adopt the Physical
Therapist Licensure Compact.
certify that the attached Act originated in the:
as Bill No. 60
of the Senate
of the Senate
of the Senate
of the House
Bill No. 60
at this Executive Office
day of _____________,
attached Act is hereby
OF SOUTH DAKOTA,
of the Secretary of State
Secretary of State