Maine Revised Statutes Title 32 Sec. 18704 – State participation in the compact
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1. Participation requirements. To participate in the compact, a state must:
A. Participate fully in the commission‘s data system, including using the commission’s unique identifier as defined in rules; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
B. Have a mechanism in place for receiving and investigating complaints about licensees; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
C. 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; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
D. 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 subsection 2; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
E. Comply with the rules of the commission; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
F. Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
G. Have continuing competence requirements as a condition for license renewal. [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. 18704
- 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
- Continuing competence: means a requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or area of work. See Maine Revised Statutes Title 32 Sec. 18703
- Data system: means a repository of information about licensees, including examination, licensure, investigative, compact privilege and adverse action information. See Maine Revised Statutes Title 32 Sec. 18703
- Investigative information: means information, records and documents received or generated by a physical therapy licensing board pursuant to an investigation. See Maine Revised Statutes Title 32 Sec. 18703
- 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
- Rule: means a regulation, principle or directive promulgated by the commission that has the force of law. 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
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Biometric-based information. Upon adoption of this compact, the member state has 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 United States Code § 534 and 42 United States Code § 14616.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
3. Compact privilege. 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.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
4. Fees. Member states may charge a fee for granting a compact privilege.
[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).