Maine Revised Statutes Title 32 Sec. 18707 – Adverse actions
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1. Adverse action authority. A home state has exclusive power to take adverse action against a license issued by the home state.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
Terms Used In Maine Revised Statutes Title 32 Sec. 18707
- 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
- Alternative program: means a nondisciplinary monitoring or practice remediation process approved by a physical therapy licensing board, including, but not limited to, addressing substance use disorder issues. 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
- 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.
- Home state: means the member state that is the licensee's primary state of residence. 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
- 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.
- 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
- licensing board: means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants. See Maine Revised Statutes Title 32 Sec. 18703
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Member state: means a state that has enacted the compact. See Maine Revised Statutes Title 32 Sec. 18703
- 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. See Maine Revised Statutes Title 32 Sec. 18703
- Physical therapist: means an individual who is licensed by a state to practice physical therapy. See Maine Revised Statutes Title 32 Sec. 18703
- Physical therapist assistant: means an individual who is licensed or certified by a state and who assists a physical therapist in selected components of physical therapy. See Maine Revised Statutes Title 32 Sec. 18703
- practice of physical therapy: means the care and services provided by or under the direction and supervision of a licensed physical therapist. 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. Remote state investigative information. A home state may take adverse action based on the investigative information of a remote state, as long as the home state follows the home state’s procedures for taking adverse action.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
3. Alternative program. Nothing in this compact overrides a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation remains 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.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
4. Member state authority. Any member state may investigate actual or alleged violations of the laws 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.
[PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
5. Remote state authority. A remote state has the authority to:
A. Take adverse actions as set forth in section 18705, subsection 4 against a licensee‘s compact privilege in the state; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
B. 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 or the production of evidence from another party state must 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 laws of the state where the witnesses or evidence are located; and [PL 2023, c. 329, §1 (NEW); PL 2023, c. 329, §3 (AFF).]
C. 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. [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. Joint investigations. 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.
Member states shall share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
[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).