Nevada SB 186: Enacts provisions governing the interstate practice of physical therapy. (BDR 54-514)

Bill Text

REQUIRES TWO-THIRDS MAJORITY VOTE
(§§ 2, 4)

S.B. 186
- *SB186*

SENATE BILL NO. 186–SENATOR SEEVERS GANSERT

FEBRUARY 18, 2019
____________

Referred to Committee on Commerce and Labor

SUMMARY—Enacts provisions governing the interstate practice of
physical therapy. (BDR 54-514)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to physical therapy; enacting and entering into the
Physical Therapy Licensure Compact; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
The Physical Therapy Licensure Compact is an interstate compact that allows a 1
person who is licensed as a physical therapist or physical therapist assistant in a 2
state that is a member of the Compact to practice as a physical therapist or physical 3
therapist assistant in other states that are members of the Compact. The Compact 4
only authorizes a physical therapist or physical therapist assistant to provide 5
services in person in a state in which he or she is not licensed. Before practicing as 6
a physical therapist or physical therapist assistant under the Compact, the Compact 7
requires a physical therapist or physical therapist assistant to: (1) hold a license in 8
his or her home state; (2) have no encumbrances on his or her license; (3) be 9
eligible to practice under the Compact; (4) have had no adverse actions taken 10
against any license or authority to practice under the Compact within the previous 2 11
years; (5) notify the Physical Therapy Compact Commission that he or she is 12
seeking to practice under the Compact within the other state; (6) pay any applicable 13
fees; (7) meet any requirements in the state he or she seeks to practice under the 14
Compact; and (8) report any adverse action taken against him or her within 30 days 15
from the date the adverse action is taken. The Compact requires that the states who 16
are members of the Compact create and establish a joint public agency called the 17
Physical Therapy Compact Commission. The Commission is authorized to: (1) 18
establish bylaws; (2) make rules that facilitate and coordinate implementation and 19
administration of the Compact; (3) hold meetings, including closed meetings; (4) 20
levy on and collect an annual assessment from each state that is a member of the 21
Compact; (5) develop, maintain and utilize a coordinated database and reporting 22
system; and (6) resolve disputes related to the Compact among states that are 23
members of the Compact. Section 2 of this bill enacts the Physical Therapy 24

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- *SB186*
Licensure Compact. Sections 3-5 of this bill set forth various provisions that 25
incorporate the Compact into existing law. 26
The Compact requires a participating state to comply with various rules. To 27
ensure this State’s compliance with these rules, section 3 of this bill requires the 28
Nevada Physical Therapy Board to administer the Compact in this State. 29
The Compact authorizes a state that is a member of the Compact to charge a fee 30
for granting a compact privilege. Section 4 of this bill authorizes the Board to adopt 31
regulations to implement the Compact, including regulations that establish such 32
fees. If the Board establishes such fees by regulation, section 4 requires the Board 33
to deposit the money collected from such fees in the State General Fund and 34
authorizes the Board to present claims to the State Board of Examiners for 35
recommendation to the Interim Finance Committee to spend money if the money is 36
needed to meet the financial obligations imposed on this State as a result of 37
participating in the Compact. 38
The Compact authorizes the Commission, the Executive Board of the 39
Commission or other committees of the Commission to convene a closed, 40
nonpublic meeting to discuss certain topics or disclose certain information. Section 41
5 of this bill provides that if such a closed meeting occurs, any record created as a 42
result of such a meeting shall not be considered a public record. Section 30 of this 43
bill makes a conforming change. 44
Sections 6-29 and 31-38 of this bill make conforming changes by clarifying 45
that a physical therapist or physical therapist assistant can be: (1) licensed to 46
practice or to assist in the practice of physical therapy in this State; or (2) 47
authorized to practice or to assist in the practice of physical therapy in this State 48
under the Compact. Additionally, section 25 of this bill defines the term “licensed 49
physical therapist” for the entirety of the Nevada Revised Statutes to mean a 50
physical therapist who is: (1) licensed under existing law; or (2) authorized to 51
practice physical therapy in this State under the Compact. 52

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 640 of NRS is hereby amended by a