(A) Oversight:
(1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.
(3) The commission must be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.
(B) Default, technical assistance, and termination:
(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
(a) provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and any other action to be taken by the commission; and
(b) provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in the compact must be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
(4) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(5) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(6) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member must be awarded all costs of such litigation, including reasonable attorney's fees.
(C) Dispute resolution:
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(D) Enforcement:
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member must be awarded all costs of such litigation, including reasonable attorney's fees.
(3) The remedies herein must not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
HISTORY: 2018 Act No. 226 (H.4799), Section 1, eff May 18, 2018.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 45 - Physical Therapists
Section 40-45-5. Application of chapter; conflicts of law.
Section 40-45-10. Board of Physical Therapy Examiners; creation and purpose; membership.
Section 40-45-20. Definitions.
Section 40-45-60. Adoption of rules and regulations; seal.
Section 40-45-70. Additional powers and duties of board.
Section 40-45-80. Investigation of complaints and violations; advisors.
Section 40-45-90. Evidence authorized to be collected for investigative purposes.
Section 40-45-100. Restraining orders and other equitable relief.
Section 40-45-115. Jurisdiction of the board.
Section 40-45-120. Board authority to take disciplinary actions and impose civil penalties.
Section 40-45-140. Denial of license based on prior criminal record.
Section 40-45-150. Voluntary surrender of license by licensee being investigated.
Section 40-45-170. Costs of investigation and prosecution; authority to require payment by violator.
Section 40-45-180. Collection and enforcement provisions for costs and fines.
Section 40-45-190. Confidentiality of proceedings and communications.
Section 40-45-200. Violations of chapter; submission of false information to the board; penalty.
Section 40-45-210. Injunctive relief.
Section 40-45-240. Licensure without examination.
Section 40-45-270. Persons exempt from licensure requirement.
Section 40-45-280. Physical therapy records; responsibility for records; contents; discharge notes.
Section 40-45-290. Physical therapy aides; permissible duties; restrictions.
Section 40-45-330. Severability.
Section 40-45-510. Purpose of compact.
Section 40-45-520. Definitions.
Section 40-45-530. State participation in the compact.
Section 40-45-540. Compact privilege.
Section 40-45-550. Active duty military personnel or their spouses.
Section 40-45-560. Adverse actions.
Section 40-45-570. Establishment of the Physical Therapy Compact Commission.
Section 40-45-580. Data system.
Section 40-45-590. Rulemaking.
Section 40-45-600. Oversight, dispute resolution, and enforcement.