                                 CODE OF VIRGINIA

ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION (§ 54.1-3491)

A. The Compact member states hereby create and establish a joint public agency
known as the Physical Therapy Compact Commission.

   1. The Commission is an instrumentality of the Compact states.

   2. Venue is proper and judicial proceedings by or against the Commission shall
   be brought solely and exclusively in a court of competent jurisdiction where
   the principal office of the Commission is located. The Commission may waive
   venue and jurisdictional defenses to the extent that it adopts or consents to
   participate in alternative dispute resolution proceedings.

   3. Nothing in this Compact shall be construed to be a waiver of sovereign
   immunity.

B. Membership, voting, and meetings.

   1. Each member state shall have and be limited to one delegate selected by
   that member state&#8217;s licensing board.

   2. The delegate shall be a current member of the licensing board who is a
   physical therapist, a physical therapist assistant, a public member, or the
   board administrator.

   3. Any delegate may be removed or suspended from office as provided by the law
   of the state from which the delegate is appointed.

   4. The member state board shall fill any vacancy occurring in the Commission.

   5. Each delegate shall be entitled to one vote with regard to the promulgation
   of rules and creation of bylaws and shall otherwise have an opportunity to
   participate in the business and affairs of the Commission.

   6. A delegate shall vote in person or by such other means as provided in the
   bylaws. The bylaws may provide for delegates&#8217; participation in meetings
   by telephone or other means of communication.

   7. The Commission shall meet at least once during each calendar year.
   Additional meetings shall be held as set forth in the bylaws.

C. The Commission shall have the following powers and duties:

   1. Establish the fiscal year of the Commission;

   2. Establish bylaws;

   3. Maintain its financial records in accordance with the bylaws;

   4. Meet and take such actions as are consistent with the provisions of this
   Compact and the bylaws;

   5. Promulgate uniform rules to facilitate and coordinate implementation and
   administration of this Compact. The rules shall have the force and effect of
   law and shall be binding in all member states;

   6. Bring and prosecute legal proceedings or actions in the name of the
   Commission, provided that the standing of any state physical therapy licensing
   board to sue or be sued under applicable law shall not be affected;

   7. Purchase and maintain insurance and bonds;

   8. Borrow, accept, or contract for services of personnel, including, but not
   limited to, employees of a member state;

   9. Hire employees, elect or appoint officers, fix compensation, define duties,
   and grant such individuals appropriate authority to carry out the purposes of
   the Compact and establish the Commission&#8217;s personnel policies and
   programs relating to conflicts of interest, qualifications of personnel, and
   other related personnel matters;

   10. Accept any and all appropriate donations and grants of money, equipment,
   supplies, materials, and services and receive, utilize and dispose of the
   same, provided that at all times the Commission shall avoid any appearance of
   impropriety and/or conflict of interest;

   11. Lease, purchase, accept appropriate gifts or donations of, or otherwise
   own, hold, improve, or use any property, real, personal or mixed, provided
   that at all times the Commission shall avoid any appearance of impropriety;

   12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
   dispose of any property, real, personal, or mixed;

   13. Establish a budget and make expenditures;

   14. Borrow money;

   15. Appoint committees, including standing committees composed of members,
   state regulators, state legislators or their representatives, and consumer
   representatives and such other interested persons as may be designated in this
   Compact and the bylaws;

   16. Provide and receive information from, and cooperate with, law-enforcement
   agencies;

   17. Establish and elect an Executive Board; and

   18. Perform such other functions as may be necessary or appropriate to achieve
   the purposes of this Compact consistent with the state regulation of physical
   therapy licensure and practice.

D. The Executive Board.
			The Executive Board shall have the power to act on behalf of the Commission
according to the terms of this Compact.

   1. The Executive Board shall be composed of nine members as follows:
   				a. Seven voting members who are elected by the Commission from the current
   membership of the Commission;
   				b. One ex officio, nonvoting member from the recognized national physical
   therapy professional association; and
   				c. One ex officio, nonvoting member from the recognized membership
   organization of the physical therapy licensing boards.

   2. The ex officio members will be selected by their respective organizations.

   3. The Commission may remove any member of the Executive Board as provided in
   bylaws.

   4. The Executive Board shall meet at least annually.

   5. The Executive Board shall have the following duties and responsibilities:
   				a. Recommend to the entire Commission changes to the rules or bylaws,
   changes to this Compact legislation, fees paid by Compact member states such
   as annual dues, and any Commission Compact fee charged to licensees for the
   compact privilege;
   				b. Ensure Compact administration services are appropriately provided,
   contractual or otherwise;
   				c. Prepare and recommend the budget;
   				d. Maintain financial records on behalf of the Commission;
   				e. Monitor Compact compliance of member states and provide compliance
   reports to the Commission;
   				f. Establish additional committees as necessary; and
   				g. Perform other duties as provided in rules or bylaws.

E. Meetings of the Commission.

   1. All meetings shall be open to the public, and public notice of meetings
   shall be given in the same manner as required under the rulemaking provisions
   in &#xA7; 54.1-3493.

   2. The Commission or the Executive Board or other committees of the Commission
   may convene in a closed, nonpublic meeting if the Commission or Executive
   Board or other committees of the Commission must discuss:
   				a. Noncompliance of a member state with its obligations under the Compact;
   				b. The employment, compensation, discipline, or other matters, practices,
   or procedures related to specific employees or other matters related to the
   Commission&#8217;s internal personnel practices and procedures;
   				c. Current, threatened, or reasonably anticipated litigation;
   				d. Negotiation of contracts for the purchase, lease, or sale of goods,
   services, or real estate;
   				e. Accusing any person of a crime or formally censuring any person;
   				f. Disclosure of trade secrets or commercial or financial information that
   is privileged or confidential;
   				g. Disclosure of information of a personal nature where disclosure would
   constitute a clearly unwarranted invasion of personal privacy;
   				h. Disclosure of investigative records compiled for law-enforcement
   purposes;
   				i. Disclosure of information related to any investigative reports prepared
   by or on behalf of or for use of the Commission or other committee charged
   with responsibility of investigation or determination of compliance issues
   pursuant to the Compact; or
   				j. Matters specifically exempted from disclosure by federal or member
   state statute.

   3. If a meeting or portion of a meeting is closed pursuant to this provision,
   the Commission&#8217;s legal counsel or designee shall certify that the
   meeting may be closed and shall reference each relevant exempting provision.

   4. The Commission shall keep minutes that fully and clearly describe all
   matters discussed in a meeting and shall provide a full and accurate summary
   of actions taken and the reasons therefor, including a description of the
   views expressed. All documents considered in connection with an action shall
   be identified in such minutes. All minutes and documents of a closed meeting
   shall remain under seal, subject to release by a majority vote of the
   Commission or order of a court of competent jurisdiction.

F. Financing of the Commission.

   1. The Commission shall pay or provide for the payment of the reasonable
   expenses of its establishment, organization, and ongoing activities.

   2. The Commission may accept any and all appropriate revenue sources,
   donations, and grants of money, equipment, supplies, materials, and services.

   3. The Commission may levy on and collect an annual assessment from each
   member state or impose fees on other parties to cover the cost of the
   operations and activities of the Commission and its staff, which must be in a
   total amount sufficient to cover its annual budget as approved each year for
   which revenue is not provided by other sources. The aggregate annual
   assessment amount shall be allocated based upon a formula to be determined by
   the Commission, which shall promulgate a rule binding upon all member states.

   4. The Commission shall not incur obligations of any kind prior to securing
   the funds adequate to meet the same; nor shall the Commission pledge the
   credit of any of the member states, except by and with the authority of the
   member state.

   5. The Commission shall keep accurate accounts of all receipts and
   disbursements. The receipts and disbursements of the Commission shall be
   subject to the audit and accounting procedures established under its bylaws.
   However, all receipts and disbursements of funds handled by the Commission
   shall be audited yearly by a certified or licensed public accountant, and the
   report of the audit shall be included in and become part of the annual report
   of the Commission.

G. Qualified immunity, defense, and indemnification.

   1. The members, officers, executive director, employees, and representatives
   of the Commission shall be immune from suit and liability, either personally
   or in their official capacity, for any claim for damage to or loss of property
   or personal injury or other civil liability caused by or arising out of any
   actual or alleged act, error, or omission that occurred or that the person
   against whom the claim is made had a reasonable basis for believing occurred
   within the scope of Commission employment, duties, or responsibilities,
   provided that nothing in this subdivision shall be construed to protect any
   such person from suit and/or liability for any damage, loss, injury, or
   liability caused by the intentional or willful or wanton misconduct of that
   person.

   2. The Commission shall defend any member, officer, executive director,
   employee, or representative of the Commission in any civil action seeking to
   impose liability arising out of any actual or alleged act, error, or omission
   that occurred within the scope of Commission employment, duties, or
   responsibilities or that the person against whom the claim is made had a
   reasonable basis for believing occurred within the scope of Commission
   employment, duties, or responsibilities, provided that nothing herein shall be
   construed to prohibit that person from retaining his or her own counsel and
   provided further that the actual or alleged act, error, or omission did not
   result from that person&#8217;s intentional or willful or wanton misconduct.

   3. The Commission shall indemnify and hold harmless any member, officer,
   executive director, employee, or representative of the Commission for the
   amount of any settlement or judgment obtained against that person arising out
   of any actual or alleged act, error, or omission that occurred within the
   scope of Commission employment, duties, or responsibilities or that such
   person had a reasonable basis for believing occurred within the scope of
   Commission employment, duties, or responsibilities, provided that the actual
   or alleged act, error, or omission did not result from the intentional or
   willful or wanton misconduct of that person.

HISTORY: 2019, c. 300.