Massachusetts HD 2172: An Act establishing a physical therapy licensure compact

Bill Text

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HOUSE DOCKET, NO. 2172 FILED ON: 2/16/2021
HOUSE . . . . . . . . . . . . . . . No. 2359

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Adrian C. Madaro
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act establishing a physical therapy licensure compact.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Adrian C. Madaro 1st Suffolk 2/16/2021

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HOUSE DOCKET, NO. 2172 FILED ON: 2/16/2021
HOUSE . . . . . . . . . . . . . . . No. 2359
By Mr. Madaro of Boston, a petition (accompanied by bill, House, No. 2359) of Adrian C.
Madaro for legislation to establish a physical therapy licensure compact. Public Health.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1961 OF 2019-2020.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
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An Act establishing a physical therapy licensure compact.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. The General Laws, as appearing in the 2016 Official Edition, are hereby
2 amended by inserting after chapter 112 the following new chapter:-
3 CHAPTER 112A PHYSICAL THERAPY LICENSURE COMPACT
4 Section 1. PURPOSE
5 The purpose of this Compact is to facilitate interstate practice of physical therapy with
6 the goal of improving public access to physical therapy services. The practice of physical
7 therapy occurs in the state where the patient/client is located at the time of the patient/client
8 encounter. The Compact preserves the regulatory authority of states to protect public health and
9 safety through the current system of state licensure.

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10 This Compact is designed to achieve the following objectives:
11 1. Increase public access to physical therapy services by providing for the mutual
12 recognition of other member state licenses;
13 2. Enhance the states’ ability to protect the public’s health and safety;
14 3. Encourage the cooperation of member states in regulating multi-state physical
15 therapy practice;
16 4. Support spouses of relocating military members;
17 5. Enhance the exchange of licensure, investigative, and disciplinary information
18 between member states; and
19 6. Allow a remote state to hold a provider of services with a compact privilege in
20 that state accountable to that state’s practice standards.
21 Section 2. DEFINITIONS
22 As used in this Compact, and except as otherwise provided, the following definitions
23 shall apply:
24 1. “Active Duty Military” means full-time duty status in the active uniformed
25 service of the United States, including members of the National Guard and Reserve on active
26 duty orders pursuant to 10 U.S.C. Section 1209 and 1211.
27 2. “Adverse Action” means disciplinary action taken by a physical therapy licensing
28 board based upon misconduct, unacceptable performance, or a combination of both.

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29 3. “Alternative Program” means a non-disciplinary monitoring or practice
30 remediation process approved by a physical therapy licensing board. This includes, but is not
31 limited to, substance abuse issues.
32 4. “Compact privilege” means the authorization granted by a remote state to allow a
33 licensee from another member state to practice as a physical therapist or work as a physical
34 therapist assistant in the remote state under its laws and rules. The practice of physical therapy
35 occurs in the member state where the patient/client is located at the time of the patient/client
36 encounter.
37 5. “Continuing competence” means a requirement, as a condition of license
38 renewal, to provide evidence of participation in, and/or completion of, educational and
39 professional activities relevant to practice or area of work.
40 6. “Data system” means a repository of information about licensees, including
41 examination, licensure, investigative, compact privilege, and adverse action.
42 7. “Encumbered license” means a license that a physical therapy licensing board has
43 limited in any way.
44 8. “Executive Board” means a group of directors elected or appointed to act on
45 behalf of, and within the powers granted to them by, the Commission.
46 9. “Home state” means the member state that is the licensee’s primary state of
47 residence.
48 10. “Investigative information” means information, records, and documents received
49 or generated by a physical therapy licensing board pursuant to an investigation.

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50 11. “Jurisprudence Requirement” means the assessment of an individual’s knowledge
51 of the laws and rules governing the practice of physical therapy in a state.
52 12. “Licensee” means an individual who currently holds an authorization from the
53 state to practice as a p