AB 438

This bill ratifies and enters Wisconsin into the Physical Therapy Licensure

Compact (compact), which provides for the ability of a physical therapist or physical

therapist assistant licensed in one member state (licensee) to obtain a “compact

privilege” to practice in a remote state without obtaining a license in that remote

state. Significant provisions of the compact include:

1. The creation of a Physical Therapy Compact Commission (commission),

which includes one member of the licensure boards of each member state. The

commission has various powers and duties granted in the compact, including

overseeing the administration of the compact, enforcing the compact, adopting

bylaws, promulgating binding rules for the compact, employing an executive director

and employees, and establishing and electing an executive board. The commission

may levy on and collect an annual assessment from each member state or impose fees

on other parties to cover the cost of the operations and activities of the commission

and its staff.

2. A process whereby a licensee may obtain a compact privilege to practice in

another member state. A licensee's primary state of residence is considered to be his

or her home state, and any other member state in which the licensee wishes to

practice is considered a remote state. A licensee providing physical therapy in a

remote state under a compact privilege is subject to that state's regulatory authority.

A remote state may take action against a licensee's compact privilege in the remote

state, and the licensee is then not eligible for a compact privilege in any state until

certain criteria are met. If a licensee's compact privilege in any remote state is

removed, the individual loses his or her compact privilege in any remote state until

certain criteria are met. However, a home state has the exclusive power to impose

adverse action against a license issued by the home state. If a home state license is

encumbered (i.e., suspended), the licensee loses his or her compact privilege in any

remote state until certain criteria are met. Member states may charge a fee for

granting a compact privilege and may impose a jurisprudence requirement for

granting a compact privilege that assesses an individual's knowledge of the laws and

rules governing the practice of physical therapy in a particular state.

3. The ability for member boards to conduct joint investigations of licensees and

the ability of member states to issue subpoenas that are enforceable in other states.

4. The creation of a coordinated database and reporting system containing

licensure, adverse action, and investigative information on all licensed individuals

in member states. A member state must submit a uniform data set to the data system

on all individuals to whom this compact is applicable as required by the rules of the

commission.

5. Various provisions regarding resolutions of disputes between the

commission and member states and between member and nonmember states,

including a process for termination of a state's membership in the compact if the state