Vermont Statutes Title 26 Sec. 2137
Terms Used In Vermont Statutes Title 26 Sec. 2137
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Physical therapist: means a person who has met all the conditions of this chapter and is licensed for the practice of physical therapy in this State. See
- Physical therapist assistant: means a person who has met the conditions of this chapter and is licensed to perform selected physical therapy interventions and related tasks that have been assigned by the supervising physical therapist. See
- Physical therapy: means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
[Section effective 2137 July 1, 2024.]
§ 2137. 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, provided 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 must 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 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 subsection 2134(d) of this title against a licensee’s compact privilege in the state.
(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 are located.
(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) Joint Investigations.
(1) 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.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact. (Added 2023, No. 35, § 1, eff. July 1, 2024.)