AB248 - Ratifies the Physical Therapy Licensure Compact. (BDR 54-566)

- 83rd Session (2025) Assembly Bill No. 248–Assemblymember Marzola CHAPTER.......... AN ACT relating to physical therapy; enacting and entering into the Physical Therapy Licensure Compact; authorizing the sharing of certain information with the data system created pursuant to the Compact; providing a person practicing as a physical therapist or physical therapist assistant under the Compact with the same legal status as a person practicing as a physical therapist or physical therapist assistant under a license issued by the Nevada Physical Therapy Board; revising certain terminology relating to physical therapists; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides for the licensure and regulation of physical therapists and physical therapist assistants in this State by the Nevada Physical Therapy Board. (Chapter 640 of NRS) Section 1 of this bill enacts the Physical Therapy Licensure Compact, which allows a person who is licensed as a physical therapist or physical therapist assistant in a state that is a member of the Compact to practice as a physical therapist or physical therapist assistant in other states that are members of the Compact. In order to practice as a physical therapist or physical therapist assistant under the Compact, the Compact requires a physical therapist or physical therapist assistant to: (1) hold a license in his or her home state; (2) have no encumbrances on his or her license; (3) meet certain other requirements for eligibility; (4) have had no adverse actions taken against any license or authority to practice under the Compact within the previous 2 years; (5) notify the Physical Therapy Compact Commission that he or she is seeking to practice under the Compact in another state; (6) pay any applicable fees; (7) meet any requirements in the state in which he or she seeks to practice under the Compact; and (8) report any adverse action taken against him or her by a non-member state within 30 days after the date the adverse action is taken. The Compact authorizes a member state to take adverse action against a physical therapist or physical therapist assistant practicing in the member state under the Compact. The Compact requires member states to create and establish a joint public agency called the Physical Therapy Compact Commission. The Commission is required to, among other things: (1) establish bylaws; (2) make rules that facilitate and coordinate the implementation and administration of the Compact; (3) hold meetings, which may be closed under certain conditions; and (4) resolve disputes related to the Compact among states that are members of the Compact. The Commission is additionally authorized to levy and collect an annual assessment from each state that is a member of the Compact. The Compact also requires the Commission to provide for the development, maintenance and utilization of a data system to facilitate the sharing of information among member states. Section 2 of this bill, in general, authorizes the Nevada Physical Therapy Board to disclose information to the data system when required by the Compact. Section 9 of this bill provides for the confidentiality of certain information disclosed through the data system. Section 4 of this bill deems practicing as a physical therapist or physical therapist assistant under the Compact to be equivalent to practicing under a license issued by the Nevada Physical Therapy Board, thereby providing such persons with – 2 – - 83rd Session (2025) the same authority, duties and legal protections as a licensee. Section 2 of this bill requires a physical therapist practicing under the Compact to display proof that he or she is authorized to practice under the Compact in the same manner as a licensed physical therapist is required to display his or her license. Sections 5-8 and 10-14 of this bill replace the term “registered physical therapist” with the term “licensed physical therapist” to reflect current terminology used in existing law governing the practice of physical therapy and this bill. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. 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 adding thereto a new section to read as follows: The Physical Therapy Licensure Compact is hereby ratified and entered into with all other jurisdictions legally joining the Compact, in substantially the form set forth in this section: PHYSICAL THERAPY LICENSURE COMPACT SECTION 1. PURPOSE 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. 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 multi-state 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. – 3 – - 83rd Session (2025) SECTION 2. DEFINITIONS As used in this Compact, and except as otherwise provided, the following definitions shall apply: 1. “Active Duty Military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 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 non-disciplinary 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. – 4 – - 83rd Session (2025) 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. 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. 21. “Rule” means a regulation, principle, or directive promulgated by the Commission that has the force of law. 22. “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy. SECTION 3. STATE PARTICIPATION IN THE COMPACT A. To participate in the Compact, a state must: 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; – 5 – - 83rd Session (2025) 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 criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with Section 3.B.; 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 in accordance with 28 U.S.C. § 534 and 34 U.S.C. § 40316. 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. SECTION 4. 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 Section 4D, G and H; 4. Have not had any adverse action against any license or compact privilege within the previous 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 – 6 – - 83rd Session (2025) 8. Report to the Commission adverse action taken by any non-member state within 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 Section 4.A. 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 years have elapsed from the date of the adverse action. F. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4A 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 years have elapsed from the date of the adverse action. H. Once the requirements of Section 4G have been met, the license must meet the requirements in Section 4A to obtain a compact privilege in a remote state. – 7 – - 83rd Session (2025) SECTION 5. 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: A. Home of record; B. Permanent Change of Station (PCS); or C. State of current residence if it is different than the PCS state or home of record. SECTION 6. ADVERSE ACTIONS A. A home state shall have exclusive power to impose adverse action aga [Text truncated for display. Full text available on LegiScan.]