Section 18705 - [Effective 1/1/2026] Compact privilege1.Compact privilege. To exercise the compact privilege under the terms and provisions of the compact, the licensee: A. Must hold a license in the home state; [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]B. May not have an encumbrance on any state license; [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]C. Must be eligible for a compact privilege in any member state in accordance with subsections 4, 7 and 8; [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]D. May not have an adverse action against any license or compact privilege within the previous 2 years; [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]E. Must notify the commission that the licensee is seeking the compact privilege within a remote state; [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]F. Must pay any applicable fees, including any state fee, for the compact privilege; [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]G. Must meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]H. Must report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken. [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).] [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]
2. Validity. The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection 1 to maintain the compact privilege in the remote state. [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]
3.Laws and regulations. A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]
4. Regulation. A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any member state until the specific time for removal has passed and all fines are paid. [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]
5. Encumbrance. If a home state license is encumbered, the licensee must lose the compact privilege in any remote state until the following occur: A. The home state license is no longer encumbered; and [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]B. Two years have elapsed from the date of the adverse action. [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).] [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]
6. Restoration after encumbrance. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection 1 to obtain a compact privilege in any remote state. [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]
7. Removal. If a licensee's compact privilege in any remote state is removed, the individual must lose the compact privilege in any remote state until the following occur: A. The specific period of time for which the compact privilege was removed has ended; [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]B. All fines have been paid; and [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]C. Two years have elapsed from the date of the adverse action. [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).] [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]
8. Restoration after removal. Once the requirements of subsection 7 have been met, the licensee must meet the requirements in subsection 1 to obtain a compact privilege in a remote state. [2023, c. 329, §1(NEW); 2023, c. 329, §3(AFF).]
Added by 2023SP1, c. 329,§ 1, eff. 1/1/2026.