                                 CODE OF VIRGINIA

ADVERSE ACTIONS (§ 54.1-3490)

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, so long as the home state follows its own procedures for
imposing adverse action.

C. Nothing in this Compact shall override a member state&#8217;s decision that
participation in an alternative program may be used in lieu of adverse action
and that such participation shall remain non-public if required by the member
state&#8217;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 D of &#xA7; 54.1-3488
   against a licensee&#8217;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; and

   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.

HISTORY: 2019, c. 300.