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LC005063/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

____________

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- OCCUPATIONAL THERAPY

LICENSURE COMPACT

     Introduced By: Senators Miller, DiMario, Valverde, Cano, Lauria, and Ujifusa

     Date Introduced: March 01, 2024

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 93

OCCUPATIONAL THERAPY LICENSURE COMPACT

     5-93-1. Short title.

     This chapter shall be known and may be cited as the "Occupational Therapy Licensure

Compact"

     5-93-2. Legislative purpose.

     The purpose of this compact is to facilitate interstate practice of occupational therapy with

the goal of improving public access to occupational therapy services. The practice of occupational

therapy occurs in the state where the patient/client is located at the time of the patient/client

encounter. The compact preserves the regulatory authority of states to protect public health and

safety through the current system of state licensure. This compact is designed to achieve the

following objectives:

     (1) Increase public access to occupational therapy services by providing for the mutual

recognition of other member state licenses;

     (2) Enhance the states' ability to protect the public's health and safety;

     (3) Encourage the cooperation of member states in regulating multi-state occupational

therapy practice;

     (4) Support spouses of relocating military members;

     (5) Enhance the exchange of licensure, investigative, and disciplinary information between

member states;

     (6) Allow a remote state to hold a provider of services with a compact privilege in that state

accountable to that state's practice standards; and

     (7) Facilitate the use of telehealth technology in order to increase access to occupational

therapy services.

     5-93-3. Definitions.

     As used in this chapter, the following words and terms shall have the following meanings

unless the context shall clearly indicate another or different meaning or intent:

     (1) "Active duty military" means full-time duty status in the active uniformed service of

the United States, including members of the National Guard and Reserve on active duty orders

pursuant to 10 U.S.C. ch. 1209 and 1211.

     (2) "Adverse action" means any administrative, civil, equitable, or criminal action

permitted by a state's laws which is imposed by a licensing board or other authority against an

occupational therapist or occupational therapy assistant, including actions against an individual's

license or compact privilege such as censure, revocation, suspension, probation, monitoring of the

licensee, or restriction on the licensee's practice.

     (3) "Alternative program" means a non-disciplinary monitoring process approved by an

occupational therapy licensing board.

     (4) "Compact privilege" means the authorization, which is equivalent to a license, granted

by a remote state to allow a licensee from another member state to practice as an occupational

therapist or practice as an occupational therapy assistant in the remote state under its laws and rules.

The practice of occupational therapy occurs in the member state where the patient/client is located

at the time of the patient/client encounter.

     (5) "Continuing competence" or "continuing education" means a requirement, as a

condition of license renewal, to provide evidence of participation in, and completion of, educational

and professional activities relevant to practice or area of work.

     (6) "Current significant investigative information" means investigative information that a

licensing board, after an inquiry or investigation that includes notification and an opportunity for

the occupational therapist or occupational therapy assistant to respond, if required by state law, has

reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

     (7) "Data system" means a repository of information about licensees including, but not

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limited to, license status, investigative information, compact privileges, and adverse actions.

     (8) "Encumbered license" means a license in which an adverse action restricts the practice

of occupational therapy by the licensee or said adverse action has been reported to the National

Practitioner Data Bank (NPDB).

     (9) "Executive committee" means a group of directors elected or appointed to act on behalf

of, and within the powers granted to them by, the commission.

     (10) "Home state" means the member state that is the licensee's primary state of residence.

     (11) "Impaired practitioner" means individuals whose professional practice is adversely

affected by substance abuse, addiction, or other health-related conditions.

     (12) "Investigative information" means information, records, or documents received or

generated by an occupational therapy licensing board pursuant to an investigation.

     (13) "Jurisprudence requirement" means the assessment of an individual's knowledge of

the laws and rules governing the practice of occupational therapy in a state.

     (14) "Licensee" means an individual who currently holds an authorization from the state to

practice as an occupational therapist or as an occupational therapy assistant.

     (15) "Member state" means a state that has enacted the compact.

     (16) "Occupational therapist" means an individual who is licensed by a state to practice

occupational therapy.

     (17) "Occupational therapy assistant" means an individual who is licensed by a state to

assist in the practice of occupational therapy.

     (18) "Occupational therapy," "occupational therapy practice," and the "practice of

occupational therapy" mean the care and services provided by an occupational therapist or an

occupational therapy assistant as set forth in the member state's statutes and regulations.

     (19) "Occupational therapy compact commission" or "commission" means the national

administrative body whose membership consists of all states that have enacted the compact.

     (20) "Occupational therapy licensing board" or "licensing board" means the agency of a

state that is authorized to license and regulate occupational therapists and occupational therapy

assistants.

     (21) "Primary state of residence" means the state in which an occupational therapist or

occupational therapy assistant who is not active duty military declares a primary residence for legal

purposes as verified by: driver's license, federal income tax return, lease, deed, mortgage or voter

registration or other verifying documentation as further defined by commission rules.

     (22) "Remote state" means a member state other than the home state, where a licensee is

exercising or seeking to exercise the compact privilege.

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     (23) "Rule" means a regulation promulgated by the commission that has the force of law.

     (24) "State" means any state, commonwealth, district, or territory of the United States of

America that regulates the practice of occupational therapy.

     (25) "Single-state license" means an occupational therapist or occupational therapy

assistant license issued by a member state that authorizes practice only within the issuing state and

does not include a compact privilege in any other member state.

     (26) "Telehealth" means the application of telecommunication technology to deliver

occupational therapy services for assessment, intervention and/or consultation.

     5-93-4. State participation in the compact.

     (a) To participate in the compact, a member state shall:

     (1) License occupational therapists and occupational therapy assistants;

     (2) Participate fully in the commission's data system including, but not limited to, using the

commission's unique identifier as defined in rules of the commission;

     (3) Have a mechanism in place for receiving and investigating complaints about licensees;

     (4) Notify the commission, in compliance with the terms of the compact and rules, of any

adverse action or the availability of investigative information regarding a licensee;

     (5) Implement or utilize procedures for considering the criminal history records of

applicants for an initial compact privilege. These procedures shall include the submission of

fingerprints or other biometric-based information by applicants for the purpose of obtaining an

applicant's criminal history record information from the Federal Bureau of Investigation and the

agency responsible for retaining that state's criminal records:

     (i) A member state shall, within a time frame established by the commission, require a

criminal background check for a licensee seeking/applying for a compact privilege whose primary

state of residence is that member state, by receiving the results of the Federal Bureau of

Investigation criminal record search, and shall use the results in making licensure decisions.

     (ii) Communication between a member state, the commission and among member states

regarding the verification of eligibility for licensure through the compact shall not include any

information received from the Federal Bureau of Investigation relating to a federal criminal records

check performed by a member state under federal Public Law 92-544;

     (6) Comply with the rules of the commission;

     (7) Utilize only a recognized national examination as a requirement for licensure pursuant

to the rules of the commission; and

     (8) Have continuing competence or continuing education requirements as a condition for

license renewal.

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     (b) A member state shall grant the compact privilege to a licensee holding a valid

unencumbered license in another member state in accordance with the terms of the compact and

rules.

     (c) Member states may charge a fee for granting a compact privilege.

     (d) A member state shall provide for the state's delegate to attend all occupational therapy

compact commission meetings.

     (e) Individuals not residing in a member state shall continue to be able to apply for a

member state's single-state license as provided under the laws of each member state. However, the

single-state license granted to these individuals shall not be recognized as granting the compact

privilege in any other member state.

     (f) Nothing in this compact shall affect the requirements established by a member state for

the issuance of a single-state license.

     5-93-5. Compact privilege.

     (a) To exercise the compact privilege under the terms and provisions of the compact, the

licensee shall:

     (1) Hold a license in the home state;

     (2) Have a valid United States social security number or national practitioner identification

number;

     (3) Have no encumbrance on any state license;

     (4) Be eligible for a compact privilege in any member state in accordance with subsections

(d), (f), (g) and (h) of this section;

     (5) Have paid all fines and completed all requirements resulting from any adverse action

against any license or compact privilege, and two (2) years have elapsed from the date of such

completion;

     (6) Notify the commission that the licensee is seeking the compact privilege within a

remote state(s);

     (7) Pay any applicable fees, including any state fee, for the compact privilege;

     (8) Complete a criminal background check in accordance with § 5-93-4(a)(5) and pay any

fee associated with the completion of a criminal background check;

     (9) Meet any jurisprudence requirements established by the remote state(s) in which the

licensee is seeking a compact privilege; and

     (10) Report to the commission adverse action taken by any non-member state within thirty

(30) days from the date the adverse action is taken.

     (b) The compact privilege is valid until the expiration date of the home state license. The

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licensee shall comply with the requirements of subsection (a) of this section to maintain the

compact privilege in the remote state.

     (c) A licensee providing occupational therapy in a remote state under the compact privilege

shall function within the laws and regulations of the remote state.

     (d) Occupational therapy assistants practicing in a remote state shall be supervised by an

occupational therapist licensed or holding a compact privilege in that remote state.

     (e) A licensee providing occupational 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,

and/or take any other necessary actions to protect the health and safety of its citizens. The licensee

may be ineligible for a compact privilege in any state until the specific time for removal has passed

and all fines are paid.

     (f) If a home state license is encumbered, the licensee shall lose the compact privilege in

any remote state until the following occur:

     (1) The home state license is no longer encumbered; and

     (2) Two (2) years have elapsed from the date on which the home state license is no longer

encumbered in accordance with subsection (f)(1) of this section.

     (g) Once an encumbered license in the home state is restored to good standing, the licensee

shall meet the requirements of subsection (a) of this section to obtain a compact privilege in any

remote state.

     (h) If a licensee's compact privilege in any remote state is removed, the individual may lose

the compact privilege in any other remote state until the following occur:

     (1) The specific period of time for which the compact privilege was removed has ended;

     (2) All fines have been paid and all conditions have been met;

     (3) Two (2) years have elapsed from the date of completing requirements for subsections

(h)(1) and (h)(2) of this section; and

     (4) The compact privileges are reinstated by the commission, and the compact data system

is updated to reflect reinstatement.

     (i) If a licensee's compact privilege in any remote state is removed due to an erroneous

charge, privileges shall be restored through the compact data system.

     (j) Once the requirements of subsection (h) of this section have been met, the licensee shall

meet the requirements in subsection (a) of this section to obtain a compact privilege in a remote

state.

     5-93-6. Obtaining a new home state license by virtue of compact privilege.

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     (a) An occupational therapist or occupational therapy assistant may hold a home state

license, which allows for compact privileges in member states, in only one-member state at a time.

     (b) If an occupational therapist or occupational therapy assistant changes primary state of

residence by moving between two (2) member states:

     (1) The occupational therapist or occupational therapy assistant shall file an application for

obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and

notify the current and new home state in accordance with applicable rules adopted by the

commission.

     (2) Upon receipt of an application for obtaining a new home state license by virtue of

compact privilege, the new home state shall verify that the occupational therapist or occupational

therapy assistant meets the pertinent criteria outlined in § 5-93-5 via the data system, without need

for primary source verification except for:

     (i) An FBI fingerprint based criminal background check if not previously performed or

updated pursuant to applicable rules adopted by the commission in accordance with federal Public

Law 92-544;

     (ii) Other criminal background check as required by the new home state; and

     (iii) Submission of any requisite jurisprudence requirements of the new home state.

     (3) The former home state shall convert the former home state license into a compact

privilege once the new home state has activated the new home state license in accordance with

applicable rules adopted by the commission.

     (4) Notwithstanding any other provision of this compact, if the occupational therapist or

occupational therapy assistant cannot meet the criteria in § 5-93-5, the new home state shall apply

its requirements for issuing a new single-state license.

     (5) The occupational therapist or the occupational therapy assistant shall pay all applicable

fees to the new home state in order to be issued a new home state license.

     (c) If an occupational therapist or occupational therapy assistant changes primary state of

residence by moving from a member state to a non-member state, or from a non-member state to a

member state, the state criteria shall apply for issuance of a single-state license in the new state.

     (d) Nothing in this compact shall interfere with a licensee's ability to hold a single-state

license in multiple states; however, for the purposes of this compact, a licensee shall have only one

home state license.

     (e) Nothing in this compact shall affect the requirements established by a member state for

the issuance of a single-state license.

     5-93-7. Active duty military personnel or their spouses.

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     Active duty military personnel, or their spouses, shall designate a home state where the

individual has a current license in good standing, the individual may retain the home state

designation during the period the service member is on active duty, subsequent to designating a

home state, the individual shall only change their home state through application for licensure in

the new state or through the process described in § 5-93-6.

     5-93-8. Adverse actions.

     (a) A home state shall have exclusive power to impose adverse action against an

occupational therapist's or occupational therapy assistant's license issued by the home state.

     (b) In addition to the other powers conferred by state law, a remote state shall have the

authority, in accordance with existing state due process law, to:

     (1) Take adverse action against an occupational therapist's or occupational therapy

assistant's compact privilege within that member state.

     (2) Issue subpoenas for both hearings and investigations that require the attendance and

testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board

in a member state for the attendance and testimony of witnesses or the production of evidence from

another member 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 in which the witnesses or evidence are located.

     (c) For purposes of taking adverse action, the home state shall give the same priority and

effect to reported conduct received from a member state as it would if the conduct had occurred

within the home state, in so doing, the home state shall apply its own state laws to determine

appropriate action.

     (d) The home state shall complete any pending investigations of an occupational therapist

or occupational therapy assistant who changes primary state of residence during the course of the

investigations, the home state, where the investigations were initiated, shall also have the authority

to take appropriate action and shall promptly report the conclusions of the investigations to the

occupational therapy compact commission data system. The occupational therapy compact

commission data system administrator shall promptly notify the new home state of any adverse

actions.

     (e) A member state, if otherwise permitted by state law, may recover from the affected

occupational therapist or occupational therapy assistant the costs of investigations and disposition

of cases resulting from any adverse action taken against that occupational therapist or occupational

therapy assistant.

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     (f) A member state may take adverse action based on the factual findings of the remote

state; provided that, the member state follows its own procedures for taking the adverse action.

     (g) Joint investigations.

     (1) In addition to the authority granted to a member state by its respective state occupational

therapy laws and regulations or other applicable state law, any 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.

     (h) If an adverse action is taken by the home state against an occupational therapist's or

occupational therapy assistant's license, the occupational therapist's or occupational therapy

assistant's compact privilege in all other member states shall be deactivated until all encumbrances

have been removed from the state license. All home state disciplinary orders that impose adverse

action against an occupational therapist's or occupational therapy assistant's license shall include a

statement that the occupational therapist's or occupational therapy assistant's compact privilege is

deactivated in all member states during the pendency of the order.

     (i) If a member state takes adverse action, it shall promptly notify the administrator of the

data system. The administrator of the data system shall promptly notify the home state of any

adverse actions by remote states.

     (j) Nothing in this compact shall override a member state's decision that participation in an

alternative program may be used in lieu of adverse action.

     5-93-9. Establishment of the occupational therapy compact commission.

     (a) The compact member states hereby create and establish a joint public agency known as

the occupational 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

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's licensing board.

     (2) The delegate shall be either:

     (i) A current member of the licensing board, who is an occupational therapist, occupational

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therapy assistant, or public member; or

     (ii) An administrator of the licensing board.

     (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 within

ninety (90) days.

     (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. A delegate shall vote in person or by such other means as provided in the

bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other

means of communication.

     (6) The commission shall meet at least once during each calendar year. Additional meetings

shall be held as set forth in the bylaws.

     (7) The commission shall establish by rule a term of office for delegates.

     (c) The commission shall have the following powers and duties:

     (1) Establish a code of ethics for the commission;

     (2) Establish the fiscal year of the commission;

     (3) Establish bylaws;

     (4) Maintain its financial records in accordance with the bylaws;

     (5) Meet and take such actions as are consistent with the provisions of this compact and

the bylaws;

     (6) 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;

     (7) Bring and prosecute legal proceedings or actions in the name of the commission;

provided that, the standing of any state occupational therapy licensing board to sue or be sued under

applicable law shall not be affected;

     (8) Purchase and maintain insurance and bonds;

     (9) Borrow, accept, or contract for services of personnel including, but not limited to,

employees of a member state;

     (10) Hire employees, elect or appoint officers, fix compensation, define duties, grant such

individuals appropriate authority to carry out the purposes of the compact, and establish the

commission's personnel policies and programs relating to conflicts of interest, qualifications of

personnel, and other related personnel matters;

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     (11) 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 or conflict of interest;

     (12) 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;

     (13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any

property real, personal, or mixed;

     (14) Establish a budget and make expenditures;

     (15) Borrow money;

     (16) 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;

     (17) Provide and receive information from, and cooperate with, law enforcement agencies;

     (18) Establish and elect an executive committee; and

     (19) Perform such other functions as may be necessary or appropriate to achieve the

purposes of this compact consistent with the state regulation of occupational therapy licensure and

practice.

     (d) The executive committee. The executive committee shall have the power to act on

behalf of the commission according to the terms of this compact.

     (1) The executive committee shall be composed of nine members:

     (i) Seven (7) voting members who are elected by the commission from the current

membership of the commission;

     (ii) One ex officio, nonvoting member from a recognized national occupational therapy

professional association; and

     (iii) One ex officio, nonvoting member from a recognized national occupational therapy

certification organization.

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

     (3) The commission may remove any member of the executive committee as provided in

the bylaws.

     (4) The executive committee shall meet at least annually.

     (5) The executive committee shall have the following duties and responsibilities:

     (i) 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

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compact fee charged to licensees for the compact privilege;

     (ii) Ensure compact administration services are appropriately provided, contractual or

otherwise;

     (iii) Prepare and recommend the budget;

     (iv) Maintain financial records on behalf of the commission;

     (v) Monitor compact compliance of member states and provide compliance reports to the

commission;

     (vi) Establish additional committees as necessary; and

     (vii) 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 § 5-93-11.

     (2) The commission or the executive committee or other committees of the commission

may convene in a closed, non-public meeting if the commission or executive committee or other

committees of the commission must discuss:

     (i) Non-compliance of a member state with its obligations under the compact;

     (ii) The employment, compensation, discipline or other matters, practices or procedures

related to specific employees or other matters related to the commission's internal personnel

practices and procedures;

     (iii) Current, threatened, or reasonably anticipated litigation;

     (iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real

estate;

     (v) Accusing any person of a crime or formally censuring any person;

     (vi) Disclosure of trade secrets or commercial or financial information that is privileged or

confidential;

     (vii) Disclosure of information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

     (viii) Disclosure of investigative records compiled for law enforcement purposes;

     (ix) 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

     (x) 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's legal counsel, or designee shall certify that the meeting may be closed and shall

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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

therefore, 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 by

the commission 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 subsection shall

be construed to protect any such person from suit and/or liability for any damage, loss, injury, or

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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 their own

counsel; and provided, further, that the actual or alleged act, error, or omission did not result from

that person'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.

     5-93-10. Data system.

     (a) The commission shall provide for the development, maintenance, and utilization of a

coordinated database and reporting system containing licensure, adverse action, and investigative

information on all licensed individuals in member states.

     (b) A member state shall submit a uniform data set to the data system on all individuals to

whom this compact is applicable (utilizing a unique identifier) as required by the rules of the

commission, including:

     (1) Identifying information;

     (2) Licensure data;

     (3) Adverse actions against a license or compact privilege;

     (4) Non-confidential information related to alternative program participation;

     (5) Any denial of application for licensure, and the reason for such denial;

     (6) Other information that may facilitate the administration of this compact, as determined

by the rules of the commission; and

     (7) Current significant investigative information.

     (c) Current significant investigative information and other investigative information

pertaining to a licensee in any member state will only be available to other member states.

     (d) The commission shall promptly notify all member states of any adverse action taken

LC005063/SUB A - Page 14 of 20

against a licensee or an individual applying for a license. Adverse action information pertaining to

a licensee in any member state will be available to any other member state.

     (e) Member states contributing information to the data system may designate information

that may not be shared with the public without the express permission of the contributing state.

     (f) Any information submitted to the data system that is subsequently required to be

expunged by the laws of the member state contributing the information shall be removed from the

data system.

     5-93-11. Rulemaking.

     (a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this section and the rules adopted thereunder. Rules and amendments shall become binding as of

the date specified in each rule or amendment.

     (b) The commission shall promulgate reasonable rules in order to effectively and efficiently

achieve the purposes of the compact. Notwithstanding the foregoing, in the event the commission

exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the

compact, or the powers granted hereunder, then such an action by the commission shall be invalid

and have no force and effect.

     (c) If a majority of the legislatures of the member states rejects a rule, by enactment of a

statute or resolution in the same manner used to adopt the compact within four (4 ) years of the date

of adoption of the rule, then such rule shall have no further force and effect in any member state.

     (d) Rules or amendments to the rules shall be adopted at a regular or special meeting of the

commission.

     (e) Prior to promulgation and adoption of a final rule or rules by the commission, and at

least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon,

the commission shall file a notice of proposed rulemaking:

     (1) On the website of the commission or other publicly accessible platform; and

     (2) On the website of each member state occupational therapy licensing board or other

publicly accessible platform or the publication in which each state would otherwise publish

proposed rules.

     (f) The notice of proposed rulemaking shall include:

     (1) The proposed time, date, and location of the meeting in which the rule will be

considered and voted upon;

     (2) The text of the proposed rule or amendment and the reason for the proposed rule;

     (3) A request for comments on the proposed rule from any interested person; and

     (4) The manner in which interested persons may submit notice to the commission of their

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intention to attend the public hearing and any written comments.

     (g) Prior to adoption of a proposed rule, the commission shall allow persons to submit

written data, facts, opinions, and arguments, which shall be made available to the public.

     (h) The commission shall grant an opportunity for a public hearing before it adopts a rule

or amendment if a hearing is requested by:

     (1) At least twenty-five (25) persons;

     (2) A state or federal governmental subdivision or agency; or

     (3) An association or organization having at least twenty-five (25) members.

     (i) If a hearing is held on the proposed rule or amendment, the commission shall publish

the place, time, and date of the scheduled public hearing, if the hearing is held via electronic means,

the commission shall publish the mechanism for access to the electronic hearing.

     (1) All persons wishing to be heard at the hearing shall notify the executive director of the

commission or other designated member in writing of their desire to appear and testify at the

hearing not less than five (5) business days before the scheduled date of the hearing.

     (2) Hearings shall be conducted in a manner providing each person who wishes to comment

a fair and reasonable opportunity to comment orally or in writing.

     (3) All hearings will be recorded. A copy of the recording will be made available on

request.

     (4) Nothing in this section shall be construed as requiring a separate hearing on each rule.

Rules may be grouped for the convenience of the commission at hearings required by this section.

     (j) Following the scheduled hearing date, or by the close of business on the scheduled

hearing date if the hearing was not held, the commission shall consider all written and oral

comments received.

     (k) If no written notice of intent to attend the public hearing by interested parties is

received, the commission may proceed with promulgation of the proposed rule without a public

hearing.

     (l) The commission shall, by majority vote of all members, take final action on the proposed

rule and shall determine the effective date of the rule, if any, based on the rulemaking record and

the full text of the rule.

     (m) Upon determination that an emergency exists, the commission may consider and adopt

an emergency rule without prior notice, opportunity for comment, or hearing; provided that, the

usual rulemaking procedures provided in the compact and in this section shall be retroactively

applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the

effective date of the rule. For the purposes of this provision, an emergency rule is one that must be

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adopted immediately in order to:

     (1) Meet an imminent threat to public health, safety, or welfare;

     (2) Prevent a loss of commission or member state funds;

     (3) Meet a deadline for the promulgation of an administrative rule that is established by

federal law or rule; or

     (4) Protect public health and safety.

     (n) The commission or an authorized committee of the commission may direct revisions to

a previously adopted rule or amendment for purposes of correcting typographical errors, errors in

format, errors in consistency, or grammatical errors, public notice of any revisions shall be posted

on the website of the commission. The revision shall be subject to challenge by any person for a

period of thirty (30) days after posting. The revision may be challenged only on grounds that the

revision results in a material change to a rule. A challenge shall be made in writing and delivered

to the chair of the commission prior to the end of the notice period. If no challenge is made, the

revision will take effect without further action. If the revision is challenged, the revision may not

take effect without the approval of the commission.

     5-93-12. Oversight, dispute resolution, and enforcement.

     (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. The provisions of this compact and the rules promulgated hereunder

shall have standing as statutory law.

     (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 shall 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:

     (i) 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/or any other action to be taken by the

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commission; and

     (ii) 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 shall be imposed only after all other means

of securing compliance have been exhausted, notice of intent to suspend or terminate shall 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 U.S.

District Court for the District of Columbia or the federal district where the commission has its

principal offices. The prevailing member shall be awarded all costs of such litigation, including

reasonable attorneys' 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 non-member

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

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damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded

all costs of such litigation, including reasonable attorneys' fees.

     (3) The remedies herein shall not be the exclusive remedies of the commission. The

commission may pursue any other remedies available under federal or state law.

     5-93-13. Date of implementation of the interstate commission for occupational

therapy practice and associated rules, withdrawal, and amendment.

     (a) The compact shall come into effect on the date on which the compact statute is enacted

into law in the tenth member state. The provisions, which become effective at that time, shall be

limited to the powers granted to the commission relating to assembly and the promulgation of rules.

Thereafter, the commission shall meet and exercise rulemaking powers necessary to the

implementation and administration of the compact.

     (b) Any state that joins the compact subsequent to the commission's initial adoption of the

rules shall be subject to the rules as they exist on the date on which the compact becomes law in

that state. Any rule that has been previously adopted by the commission shall have the full force

and effect of law on the day the compact becomes law in that state.

     (c) Any member state may withdraw from this compact by enacting a statute repealing the

same.

     (1) A member state's withdrawal shall not take effect until six (6) months after enactment

of the repealing statute.

     (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's

occupational therapy licensing board to comply with the investigative and adverse action reporting

requirements of this act prior to the effective date of withdrawal.

     (d) Nothing contained in this compact shall be construed to invalidate or prevent any

occupational therapy licensure agreement or other cooperative arrangement between a member

state and a non-member state that does not conflict with the provisions of this compact.

     (e) This compact may be amended by the member states, no amendment to this compact

shall become effective and binding upon any member state until it is enacted into the laws of all

member states.

     5-93-14. Construction and severability.

     This compact shall be liberally construed so as to effectuate the purposes thereof. The

provisions of this compact shall be severable and if any phrase, clause, sentence or provision of

this compact is declared to be contrary to the constitution of any member state or of the United

States or the applicability thereof to any government, agency, person, or circumstance is held

invalid, the validity of the remainder of this compact and the applicability thereof to any

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government, agency, person, or circumstance shall not be affected thereby. If this compact shall be

held contrary to the constitution of any member state, the compact shall remain in full force and

effect as to the remaining member states and in full force and effect as to the member state affected

as to all severable matters.

     5-93-15. Binding effect of compact and other laws.

     (a) A licensee providing occupational therapy in a remote state under the compact privilege

shall function within the laws and regulations of the remote state.

     (b) Nothing herein prevents the enforcement of any other law of a member state that is not

inconsistent with the compact.

     (c) Any laws in a member state in conflict with the compact are superseded to the extent

of the conflict.

     (d) Any lawful actions of the commission, including all rules and bylaws promulgated by

the commission, are binding upon the member states.

     (e) All agreements between the commission and the member states are binding in

accordance with their terms.

     (f) In the event any provision of the compact exceeds the constitutional limits imposed on

the legislature of any member state, the provision shall be ineffective to the extent of the conflict

with the constitutional provision in question in that member state.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- OCCUPATIONAL THERAPY

LICENSURE COMPACT

***

     This act would create the occupational therapy licensure compact, that would allow

licensed occupational therapists and occupational therapy assistants to practice in all states that join

the compact. This act would also remove the need for practitioners to get an individual license in

each state where they want to practice.

     This act would take effect upon passage.

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