SB 836
Establishes the Caregiver, Advise, Record, and Enable Act and a physical therapist compact, as well as allows optometry students to train under the supervision of a physician or optometrist
LR Number:
Last Action:
5/13/2016 - H Calendar Senate Bills for Third Reading w/HCS
Journal Page:
Calendar Position:
Effective Date:
August 28, 2016
House Handler:

Current Bill Summary

HCS/SCS/SB 836 - This act establishes the Caregiver, Advise, Record, and Enable Act and a physical therapist compact, as well as allows optometry students to train under the supervision of a physician or optometrist.


Under this act, the "Caregiver, Advise, Record, and Enable (CARE) Act," a hospital or ambulatory surgical center shall provide each patient or patient's legal guardian with an opportunity to designate a caregiver prior to the patient's discharge. Such designation shall include a written consent of the patient or the patient's legal guardian to release confidential medical information to the designated caregiver if such records are necessary for the provision of after-care. Such caregiver designation, or lack thereof, shall be documented by the hospital. The hospital or ambulatory surgical center shall notify a patient's caregiver of the patient's discharge or transfer as soon as practicable, and provide the caregiver with the patient's discharge plan or instructions for after-care.

Nothing in this act authorizes or requires compensation of caregivers by a state agency or health carrier. Hospitals or ambulatory surgical centers or their employees or contractors shall not be liable in any way for the actions of a caregiver. Nothing in this act shall interfere with the rights of an attorney in fact under a durable power of health care.

This provision is substantially similar to SB 1102 (2016).

PHYSICAL THERAPY COMPACT - 334.1200 - 334.1233

The act creates a physical therapist compact. To participate in the compact a state must (1) participate in the Physical Therapy Compact Commission's data system; (2) have a mechanism in place for receiving and investigating complaints; (3) notify the Commission of any adverse action regarding a licensee; (4) implement a criminal background check; (5) comply with the rules of the Commission; (6) use a recognized national examination as a requirement for licensure; and (7) have continuing education as a requirement for license renewal.

A member state shall grant the compact privilege to a licensee holding a valid license in another member state. In order to have a compact privilege a licencee must (1) have an unencumbered license in his or her home state; (2) have not had any adverse action against the license in the previous 2 years; (3) notify the Commission that he or she is seeking compact privilege within a remote state; (4) pay a fee; (5) meet any jurisprudence requirements established by the remote state; and (6) report to the Commission adverse action taken by a nonmember state within 30 days from the date the adverse action is taken. The compact privilege is valid until the expiration date of the home license. The licensee providing physical therapy in a remote state is subject to the laws and regulations of the remote state. If a home state license is encumbered then the licensee shall lose the compact privilege until certain conditions are met as established in the act.

A remote state has the authority to take adverse action against a licensee's compact privilege in that state, but only a home state may impose adverse action against a license issued by the home state. Additionally, any member state may investigate violations of physical therapy statutes and rules in any other member state in which a physical therapist holds a license or compact privilege. Member states may also participate in joint investigations of licensees.

The act creates the Physical Therapy Compact Commission. Each member state shall have one delegate who shall be a current member of the member state's licensing board. The Commission shall establish bylaws and promulgate rules, which shall have the force and effect of law and shall be binding in all member states. Within the Commission, there is an executive board composed of 9 members with the authority to act on behalf of the Commission. The Commission may 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.

The Commission shall develop, maintain, and use a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. Member states are required to submit a uniform data set to the data system on all individuals to whom the compact is applicable. The data shall include (1) identifying information; (2) licensure data; (3) adverse actions against the licensee or compact privilege; (4) nonconfidential information related to alternative program participation; (5) denial of application for licensure; and (6) any other information that may facilitate the administration of the compact.

If a member state defaults in the performance of its obligations under the compact or promulgated rules then the defaulting state may be terminated from the compact as provided in the act.

The compact shall not become effective until ten states enact the compact into law.

These sections are identical to sections in HCS/HB 1465 (2016), CCS/HCS/SCS/SB 973, HB 2328 (2016), CCS #2/HCS/SS/SB 608 (2016), CCS/HCS/SB 635 (2016), HCS/SB 831 (2016), HCS/SB 835 (2016), and SS/SCS/HB 1816 (2016).


This act provides that the statutory prohibition of the unlawful practice of optometry shall not apply to students enrolled in an accredited school of optometry training under the supervision of a physician or an optometrist.

This section is similar to HB 2153 (2016) and identical to provisions contained in HCS/SB 831 (2016), HCS/SB 835 (2016), and SS/SCS/HB 1816 (2016).