Maine § 18705. - Compact privilege

§ 18705.. Compact privilege

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. 643, Pt. DDD, §1 (AFF).]

B. May not have an encumbrance on any state license;   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (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. 643, Pt. DDD, §1 (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. 643, Pt. DDD, §1 (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. 643, Pt. DDD, §1 (AFF).]

F. Must pay any applicable fees, including any state fee, for the compact privilege;   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (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. 643, Pt. DDD, §1 (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. 643, Pt. DDD, §1 (AFF).]

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.

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.

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.

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. 643, Pt. DDD, §1 (AFF).]

B. Two years have elapsed from the date of the adverse action.   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (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.

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. 643, Pt. DDD, §1 (AFF).]

B. All fines have been paid; and   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

C. Two years have elapsed from the date of the adverse action.   [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (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.