Maine Revised Statutes Title 32 Sec. 18705 – Compact privilege
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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. 329, §3 (AFF).]
B. May not have an encumbrance on any state license; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (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. 329, §3 (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. 329, §3 (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. 329, §3 (AFF).]
F. Must pay any applicable fees, including any state fee, for the compact privilege; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (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. 329, §3 (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. 329, §3 (AFF).]
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
Terms Used In Maine Revised Statutes Title 32 Sec. 18705
- Adverse action: means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance or a combination of both. See Maine Revised Statutes Title 32 Sec. 18703
- commission: means the national administrative body whose membership consists of all states that have enacted the compact pursuant to section 18708. See Maine Revised Statutes Title 32 Sec. 18703
- 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. See Maine Revised Statutes Title 32 Sec. 18703
- Encumbered license: means a license that a physical therapy licensing board has limited in any way. See Maine Revised Statutes Title 32 Sec. 18703
- Home state: means the member state that is the licensee's primary state of residence. See Maine Revised Statutes Title 32 Sec. 18703
- Jurisprudence: The study of law and the structure of the legal system.
- Licensee: means an individual who currently holds an authorization from a state to practice as a physical therapist or to work as a physical therapist assistant. See Maine Revised Statutes Title 32 Sec. 18703
- Member state: means a state that has enacted the compact. See Maine Revised Statutes Title 32 Sec. 18703
- Remote state: means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege. See Maine Revised Statutes Title 32 Sec. 18703
- State: means any state, commonwealth, district or territory of the United States that regulates the practice of physical therapy. See Maine Revised Statutes Title 32 Sec. 18703
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. 329, §3 (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. 329, §3 (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. 329, §3 (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. 329, §3 (AFF).]
B. Two years have elapsed from the date of the adverse action. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (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. 329, §3 (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. 329, §3 (AFF).]
B. All fines have been paid; and [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
C. Two years have elapsed from the date of the adverse action. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (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. 329, §3 (AFF).]
SECTION HISTORY
PL 2023, c. 329, §1 (NEW). PL 2023, c. 329, §3 (AFF).