§18705. Compact privilege
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
              (WHOLE SECTION TEXT EFFECTIVE 1/01/26)
              
                  1. 
                                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;
                                     
                                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
                
                  B.
                                        May not have an encumbrance on any state license;
                                     
                                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
                
                  C.
                                        Must be eligible for a compact privilege in any member state in accordance with subsections 4, 7 and 8;
                                     
                                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
                
                  D.
                                        May not have an adverse action against any license or compact privilege within the previous 2 years;
                                     
                                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
                
                  E.
                                        Must notify the commission that the licensee is seeking the compact privilege within a remote state;
                                     
                                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
                
                  F.
                                        Must pay any applicable fees, including any state fee, for the compact privilege;
                                     
                                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
                
                  G.
                                        Must meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and
                                     
                                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (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.
                                     
                                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (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.
                                     
                                
                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (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.
                                     
                                
                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (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.
                                     
                                
                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (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
                                     
                                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
                
                  B.
                                        Two years have elapsed from the date of the adverse action.
                                     
                                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (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.
                                     
                                
                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (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;
                                     
                                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
                
                  B.
                                        All fines have been paid; and
                                     
                                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
                
                  C.
                                        Two years have elapsed from the date of the adverse action.
                                     
                                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (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.
                                     
                                
                [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
              
                        SECTION HISTORY
                        
            PL 2023, c. 329, §1 (NEW). PL 2023, c. 329, §3 (AFF). PL 2023, c. 643, Pt. DDD, §1 (AFF).