Okla. Stat. tit. 59, § 59-887.19

Physical Therapy Licensure Compact

ARTICLE I

Findings and Declaration of Purpose

A. The 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.

B. This Compact is designed to achieve the following

objectives:

1. Increase public access to physical therapy services by

providing for the mutual recognition of other member state licenses;

2. Enhance the states' ability to protect the public's health

and safety;

3. Encourage the cooperation of member states in regulating

multistate physical therapy practice;

4. Support spouses of relocating military members;

5. Enhance the exchange of licensure, investigative and

disciplinary information between member states; and

6. Allow a remote state to hold a provider of services with a

compact privilege in that state accountable to that state's practice

standards.

ARTICLE II

Definitions

As used in this Compact:

1. "Active duty military" means full-time duty status in the

active uniformed service of the United States, including members of

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the National Guard and Reserve on active duty orders pursuant to 10

U.S.C., Sections 1209 and 1211;

2. "Adverse action" means disciplinary action taken by a

physical therapy licensing board based upon misconduct, unacceptable

performance, or a combination of both;

3. "Alternative program" means a nondisciplinary monitoring or

practice remediation process approved by a physical therapy

licensing board. This includes, but is not limited to, substance

abuse issues;

4. "Compact 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;

5. "Continuing 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;

6. "Data system" means a repository of information about

licensees, including examination, licensure, investigative, compact

privilege and adverse action;

7. "Encumbered license" means a license that a physical therapy

licensing board has limited in any way;

8. "Executive Board" means a group of directors elected or

appointed to act on behalf of, and within the powers granted to them

by, the Commission;

9. "Home state" means the member state that is the licensee's

primary state of residence;

10. "Investigative information" means information, records and

documents received or generated by a physical therapy licensing

board pursuant to an investigation;

11. "Jurisprudence requirement" means the assessment of an

individual's knowledge of the laws and rules governing the practice

of physical therapy in a state;

12. "Licensee" means an individual who currently holds an

authorization from the state to practice as a physical therapist or

to work as a physical therapist assistant;

13. "Member state" means a state that has enacted the Compact;

14. "Party state" means any member state in which a licensee

holds a current license or compact privilege or is applying for a

license or compact privilege;

15. "Physical therapist" means an individual who is licensed by

a state to practice physical therapy;

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ant;

13. "Member state" means a state that has enacted the Compact;

14. "Party state" means any member state in which a licensee

holds a current license or compact privilege or is applying for a

license or compact privilege;

15. "Physical therapist" means an individual who is licensed by

a state to practice physical therapy;

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16. "Physical therapist assistant" means an individual who is

licensed/certified by a state and who assists the physical therapist

in selected components of physical therapy;

17. "Physical 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 physical

therapist;

18. "Physical Therapy Compact Commission" or "Commission" means

the national administrative body whose membership consists of all

states that have enacted the Compact;

19. "Physical 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;

20. "Remote state" means a member state other than the home

state, where a licensee is exercising or seeking to exercise the

compact privilege; and

21. "Rule" means a regulation, principle or directive

promulgated by the Commission that has the force of law.

ARTICLE III

State Participation in the Compact

A. To participate in the Compact, a state shall:

1. Participate fully in the Commission's data system, including

using the Commission's unique identifier as defined in rules;

2. Have a mechanism in place for receiving and investigating

complaints about licensees;

3. Notify 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;

4. Fully implement a state and national criminal background

check requirement. The physical therapy licensing board shall

forward fingerprints of each applicant for licensure to the Oklahoma

State Bureau of Investigation. The Bureau shall conduct a state and

national background check pursuant to Section 150.9 of Title 74 of

the Oklahoma Statutes and shall provide the results of the

background check to the licensing board. The licensing board shall

use the results in making licensure decisions in accordance with

this Compact;

5. Comply with the rules of the Commission;

6. Utilize a recognized national examination as a requirement

for licensure pursuant to the rules of the Commission; and

7. Have continuing competence requirements as a condition for

license renewal.

B. Upon 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

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in accordance with 28 U.S.C., Section 534 and 42 U.S.C., Section

14616.

C. A 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.

D. Member states may charge a fee for granting a compact

privilege.

ARTICLE IV

Compact Privilege

A. To exercise the compact privilege under the terms and

provisions of the Compact, the licensee shall:

1. Hold a license in the home state;

2. Have no encumbrance on any state license;

3. Be eligible for a compact privilege in any member state in

accordance with this Compact;

4. Have not had any adverse action against any license or

compact privilege within the previous two (2) years;

5. Notify the Commission that the licensee is seeking the

compact privilege within a remote state(s);

6. Pay any applicable fees, including any state fee, for the

compact privilege;
icense;

3. Be eligible for a compact privilege in any member state in

accordance with this Compact;

4. Have not had any adverse action against any license or

compact privilege within the previous two (2) years;

5. Notify the Commission that the licensee is seeking the

compact privilege within a remote state(s);

6. Pay any applicable fees, including any state fee, for the

compact privilege;

7. Meet any jurisprudence requirements established by the

remote state(s) in which the licensee is seeking a compact

privilege; and

8. Report to the Commission adverse action taken by any

nonmember state within thirty (30) days from the date the adverse

action is taken.

B. The compact privilege is valid until the expiration date of

the home license. The licensee must comply with the requirements of

this Compact to maintain the compact privilege in the remote state.

C. A licensee providing physical therapy in a remote state

under the compact privilege shall function within the laws and

regulations of the remote state.

D. 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 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.

E. If a home state license is encumbered, the licensee shall

lose the compact privilege in any remote state until the following

occur:

1. The home state license is no longer encumbered; and

2. Two (2) years have elapsed from the date of the adverse

action.

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F. Once an encumbered license in the home state is restored to

good standing, the licensee must meet the requirements of this

Compact to obtain a compact privilege in any remote state.

G. If 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:

1. The specific period of time for which the compact privilege

was removed has ended;

2. All fines have been paid; and

3. Two (2) years have elapsed from the date of the adverse

action.

H. Once the requirements of this Compact have been met, the

license must meet the applicable requirements in this Compact to

obtain a compact privilege in a remote state.

ARTICLE V

Active Duty Military Personnel or their Spouses

A 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:

1. Home of record;

2. Permanent Change of Station (PCS); or

3. State of current residence if it is different than the PCS

state or home of record.

ARTICLE VI

Adverse Actions

A. A home state shall have exclusive power to impose adverse

action against a license issued by the home state.

B. A 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.

C. Nothing 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

nonpublic if required by the member state's laws. Member states

shall 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.

D. Any 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
ees 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.

D. Any 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.

E. A remote state shall have the authority to:

1. Take adverse actions as set forth in this Compact against a

licensee's compact privilege in the state;

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2. Issue 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 is located; and

3. If 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.

F. In 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.

G. Member states shall share any investigative, litigation or

compliance materials in furtherance of any joint or individual

investigation initiated under the Compact.

ARTICLE VII

Establishment of the Physical Therapy Compact Commission

A. The Compact member states hereby create and establish a

joint public agency known as the Physical Therapy Compact

Commission.

1. The Commission shall be an instrumentality of the Compact

states.

2. Venue 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 resolution proceedings.

3. Nothing in this Compact shall be construed to be a waiver of

sovereign immunity.

B. Each member state shall have and be limited to one delegate

selected by that member state's licensing board.

1. The delegate shall be a current member of the licensing

board, who is a physical therapist, physical therapist assistant,

public member or the board administrator.

2. Any delegate may be removed or suspended from office as

provided by the law of the state from which the delegate is

appointed.

3. The member state board shall fill any vacancy occurring in

the Commission.

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4. Each delegate shall be entitled to one 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 Commission.

5. A 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.

6. The Commission shall meet at least once during each calendar

year. Additional meetings shall be held as set forth in the bylaws.

C. The Commission shall have the following powers and duties:

1. Establish the fiscal year of the Commission;

2. Establish bylaws;
vided in the bylaws. The bylaws may provide for delegates'

participation in meetings by telephone or other means of

communication.

6. The Commission shall meet at least once during each calendar

year. Additional meetings shall be held as set forth in the bylaws.

C. The Commission shall have the following powers and duties:

1. Establish the fiscal year of the Commission;

2. Establish bylaws;

3. Maintain its financial records in accordance with the

bylaws;

4. Meet and take such actions as are consistent with the

provisions of this Compact and the bylaws;

5. Promulgate 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;

6. Bring 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 affected;

7. Purchase and maintain insurance and bonds;

8. Borrow, accept or contract for services of personnel,

including, but not limited to, employees of a member state;

9. Hire 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;

10. Accept 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;

11. Lease, 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 of impropriety;

12. Sell, convey, mortgage, pledge, lease, exchange, abandon or

otherwise dispose of any property real, personal or mixed;

13. Establish a budget and make expenditures;

14. Borrow money;

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15. Appoint committees, including standing committees comprised

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;

16. Provide and receive information from, and cooperate with,

law enforcement agencies;

17. Establish and elect an Executive Board; and

18. Perform 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.

D. The Executive Board shall have the power to act on behalf of

the Commission according to the terms of this Compact.

1. The Executive Board shall be comprised of nine (9) members:

a. seven voting members who are elected by the Commission

from the current membership of the Commission,

b. one ex officio, nonvoting member from the recognized

national physical therapy professional association,

and

c. one ex officio, nonvoting member from the recognized

membership organization of the physical therapy

licensing boards.

2. The ex officio members shall be selected by their respective

organizations.

3. The Commission may remove any member of the Executive Board

as provided in bylaws.

4. The Executive Board shall meet at least annually.

5. The Executive Board shall have the following duties and

responsibilities:

a. recommend 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,

b. ensure Compact administration services are
all meet at least annually.

5. The Executive Board shall have the following duties and

responsibilities:

a. recommend 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,

b. ensure Compact administration services are

appropriately provided, contractual or otherwise,

c. prepare and recommend the budget,

d. maintain financial records on behalf of the

Commission,

e. monitor Compact compliance of member states and

provide compliance reports to the Commission,

f. establish additional committees as necessary, and

g. other duties as provided in rules or bylaws.

E. All 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 this Compact.

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1. The Commission or the Executive Board or other committees of

the Commission may convene in a closed, nonpublic meeting if the

Commission or Executive Board or other committees of the Commission

must discuss:

a. noncompliance of a member state with its obligations

under the Compact,

b. the 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,

c. current, threatened or reasonably anticipated

litigation,

d. negotiation of contracts for the purchase, lease or

sale of goods, services or real estate,

e. accusing any person of a crime or formally censuring

any person,

f. disclosure of trade secrets or commercial or financial

information that is privileged or confidential,

g. disclosure of information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy,

h. disclosure of investigative records compiled for law

enforcement purposes,

i. disclosure 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

j. matters specifically exempted from disclosure by

federal or member state statute.

2. If 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.

3. The 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.

F. The Commission shall pay, or provide for the payment of, the

reasonable expenses of its establishment, organization and ongoing

activities.

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1. The Commission may accept any and all appropriate revenue

sources, donations, and grants of money, equipment, supplies,

materials and services.

2. 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, 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
sessment

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.

3. The 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.

4. The 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.

G. The 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.

1. The 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 wanton misconduct.

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2. The 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.

ARTICLE VIII

Data System

A. The 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.

B. Notwithstanding 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 Commission, including:

1. Identifying information;
g

system containing licensure, adverse action and investigative

information on all licensed individuals in member states.

B. Notwithstanding 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 Commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse actions against a license or compact privilege;

4. Nonconfidential information related to alternative program

participation;

5. Any denial of application for licensure, and the reason(s)

for such denial; and

6. Other information that may facilitate the administration of

this Compact, as determined by the rules of the Commission.

C. Investigative information pertaining to a licensee in any

member state will only be available to other party states.

D. The 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.

E. Member 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.

F. Any 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.

ARTICLE IX

Rulemaking

A. The Commission shall exercise its rulemaking powers pursuant

to the criteria set forth in this Article and the rules adopted

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thereunder. Rules and amendments shall become binding as of the

date specified in each rule or amendment.

B. If 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 four (4) years of the date

of adoption of the rule, then such rule shall have no further force

and effect in any member state.

C. Rules or amendments to the rules shall be adopted at a

regular or special meeting of the Commission.

D. Prior 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:

1. On the website of the Commission or other publicly

accessible platform; and

2. On 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.

E. The Notice of Proposed Rulemaking shall include:

1. The proposed time, date and location of the meeting in which

the rule will be considered and voted upon;

2. The text of the proposed rule or amendment and the reason

for the proposed rule;

3. A request for comments on the proposed rule from any

interested person; and

4. The manner in which interested persons may submit notice to

the Commission of their intention to attend the public hearing and

any written comments.

F. Prior 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.

G. The Commission shall grant an opportunity for a public

hearing before it adopts a rule or amendment if a hearing is

requested by:

1. At least twenty-five persons;

2. A state or federal governmental subdivision or agency; or

3. An association having at least twenty-five members.

H. If 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
a rule or amendment if a hearing is

requested by:

1. At least twenty-five persons;

2. A state or federal governmental subdivision or agency; or

3. An association having at least twenty-five members.

H. If 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.

1. All 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

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less than five (5) business days before the scheduled date of the

hearing.

2. Hearings shall be conducted in a manner providing each

person who wishes to comment a fair and reasonable opportunity to

comment orally or in writing.

3. All hearings will be recorded. A copy of the recording will

be made available on request.

4. Nothing 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.

I. Following 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.

J. If 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.

K. The 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 rule.

L. Upon 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, and 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:

1. Meet an imminent threat to public health, safety or welfare;

2. Prevent a loss of Commission or member state funds;

3. Meet a deadline for the promulgation of an administrative

rule that is established by federal law or rule; or

4. Protect public health and safety.

M. The 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 the Commission.

Oklahoma Statutes - Title 59. Professions and Occupations Page 821

ARTICLE X

Oversight, Dispute Resolution, and Enforcement

A. The 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.
ations Page 821

ARTICLE X

Oversight, Dispute Resolution, and Enforcement

A. The 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.

B. All 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.

C. The 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.

D. 1. If 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:

a. provide 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

b. provide remedial training and specific technical

assistance regarding the default.

2. If 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.

3. Termination 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.

4. A 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.

5. The 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 state.

Oklahoma Statutes - Title 59. Professions and Occupations Page 822

6. The 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 fees.

E. 1. Upon 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 nonmember states.

2. The Commission shall promulgate a rule providing for both

mediation and binding dispute resolution for disputes as

appropriate.

F. 1. The Commission, in the reasonable exercise of its

discretion, shall enforce the provisions and rules of this Compact.

2. By 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
e 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 fees.

3. The remedies herein shall not be the exclusive remedies of

the Commission. The Commission may pursue any other remedies

available under federal or state law.

ARTICLE XI

Date of Implementation, Associated Rules, Withdrawal or Amendment

A. The 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.

B. Any 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.

C. Any member state may withdraw from this Compact by enacting

a statute repealing the same.

1. A member state's withdrawal shall not take effect until six

(6) months after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of

the withdrawing state's physical therapy licensing board to comply

Oklahoma Statutes - Title 59. Professions and Occupations Page 823

with the investigative and adverse action reporting requirements of

this act prior to the effective date of withdrawal.

D. Nothing 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 nonmember

state that does not conflict with the provisions of this Compact.

E. This 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.

ARTICLE XII

Construction and Severability

This 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.