§ 24-60-4101 — Approved and ratified

Colorado § 24-60-4101

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Interstate Compacts and Agreements

Text

The general assembly hereby approves
and ratifies, and the governor shall enter into, a compact on behalf of the state of
Colorado with any of the United States or other jurisdictions legally joining therein
in the form substantially as follows:

SECTION 1

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:

A. Increase public access to occupational therapy services by providing for
the mutual recognition of other member state licenses;

B. Enhance states' ability to protect the public's health and safety;

C. Encourage the cooperation of member states in regulating multistate
occupational therapy practice;

D. Support spouses of relocating active duty military personnel;

E. Enhance the exchange of licensure, investigative, and disciplinary
information between member states;

F. 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

G. Facilitate the use of telehealth technology in order to increase access to
occupational therapy services.

SECTION 2

DEFINITIONS

As used in this Compact, and except as otherwise provided, the following
definitions shall apply:

A. Active duty military means full-time duty status in the active uniformed
services of the United States, including members of the National Guard and
Reserve on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211.

B. Adverse action means any administrative, civil, equitable, or criminal
action permitted by a state's laws that 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.

C. Alternative program means a nondisciplinary monitoring process
approved by an occupational therapy licensing board.

D. 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 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.

E. Continuing competence/education means a requirement, as a condition
of license renewal, to provide evidence of participation in, and/or completion of,
educational and professional activities relevant to a practice or area of work.

F. 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.

G. Data system means a repository of information about licensees,
including, but not limited to, license status, investigative information, Compact
privileges, and adverse actions.

H. Encumbered license means a license for which an adverse action
restricts the practice of occupational therapy by the licensee or an adverse action
has been reported to the National Practitioners Data Bank.

I. 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.

J. Home state means the member state that is the licensee's primary state
of residence.

K. Impaired practitioner means an individual whose professional practice is
adversely affected by substance abuse, addiction, or other health-related
conditions.

L. Investigative information means information, records, and/or documents
received or generated by an occupational therapy licensing board pursuant to an
investigation.

M. Jurisprudence requirement means the assessment of an individual's
knowledge of the laws and rules governing the practice of occupational therapy in
a state.

N. Licensee means an individual who currently holds an authorization from
the state to practice as an occupational therapist or an occupational therapy
assistant.

O. Member state means a state that has enacted this Compact.

P. Occupational therapist means an individual who is licensed by the state
to practice occupational therapy.

Q. Occupational therapy assistant means an individual who is licensed by
the state to practice occupational therapy under the supervision of, and in
partnership with, an occupational therapist.

R. 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.

S. Occupational Therapy Compact Commission or Commission means the
national administrative body whose membership consists of all states that have
enacted the Compact.

T. 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. In Colorado, occupational therapy licensing
board or licensing board means the director of the division of professions and
occupations in the department of regulatory agencies.

U. Primary state of residence means the state (also known as the home
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 a driver's license, federal income tax return, lease, deed, mortgage, voter
registration, or other verifying documentation as may be further defined by rules of
the Commission.

V. Remote state means a member state other than the home state where a
licensee is exercising or seeking to exercise the Compact privilege.

W. Rule means a regulation promulgated by the Commission that has the
force of law.

X. 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 privilege to practice in any other
member state.

Y. State means any state, commonwealth, district, or territory of the United
States that regulates the practice of occupational therapy.

Z. Telehealth means the application of telecommunication technology to
deliver occupational therapy services for assessment, intervention, and/or
consultation.

SECTION 3

STATE PARTICIPATION IN THE COMPACT

A. To participate in this Compact, a member state shall:

1. License occupational therapists and occupational therapy assistants;

2. Participate fully in the 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 this 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 requirement that an applicant for licensure under the Compact must
have the applicant's fingerprints taken by a local law enforcement agency or any
third party approved by the Colorado bureau of investigation for the purpose of
obtaining a fingerprint-based criminal history record check. The applicant shall
submit payment by certified check or money order for the fingerprints and for the
actual costs of the record check at the time the fingerprints are submitted to the
Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the
payment for costs, the Colorado bureau of investigation shall conduct a state and
national fingerprint-based criminal history record check utilizing records of the
Colorado bureau of investigation and the federal bureau of investigation and shall
forward the results of the criminal history record check to the licensing board. The
licensing board shall use the information resulting from the fingerprint-based
criminal history record check to investigate and determine whether an applicant is
qualified to hold a license pursuant to the Compact. The licensing board may verify
the information an applicant is required to submit. The results of the criminal
history record check are confidential. The licensing board shall not release the
results to the public, the Commission, or any other regulator, as that term is defined
in section 12-20-102 (14).

a. A member state must fully implement a criminal background check
requirement within a time frame established by rule.

b. Communication between a member state, the Commission, and among
member states regarding the verification of eligibility for licensure through this
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 Pub.L. 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/education requirements as a condition for
license renewal.

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 this 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
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 affects the requirements established by a
member state for the issuance of a single-state license.

SECTION 4

COMPACT PRIVILEGE

A. To exercise the Compact privilege under the terms and provisions of this
Compact, a 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 sections 4 (D), 4 (F), 4 (G), and 4 (H);

5. Have paid all fines and completed all requirements resulting from any
adverse action against any license or Compact privilege, and two years have
elapsed from the date of such completion;

6. Notify the Commission that the licensee is seeking the Compact privilege
in one or more remote states;

7. Pay any applicable fees, including any state fee, for the Compact
privilege;

8. Complete a criminal background check in accordance with section 3
(A)(5).

a. The licensee shall be responsible for the payment of 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 any adverse action taken by any nonmember
state within thirty (30) days after the date the adverse action is taken.

B. The Compact privilege is valid until the expiration date of the home state
license. The licensee must comply with the requirements of section 4 (A) 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. An occupational therapy assistant 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 licensee's 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 years have elapsed from the date on which the home state license is
no longer encumbered in accordance with section 4 (F)(1).

G. After an encumbered license in the home state is restored to good
standing, the licensee must meet the requirements of section 4 (A) 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 years have elapsed from the date of completing requirements for
sections 4 (H)(1) and 4 (H)(2); and

4. The Compact privileges are reinstated by the Commission, and the 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 data system.

J. Once the requirements of section 4 (H) have been met, the license must
meet the requirements in section 4 (A) to obtain a Compact privilege in a remote
state.

SECTION 5

OBTAINING A NEW HOME STATE LICENSE BY

VIRTUE OF COMPACT PRIVILEGE

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 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 a Compact privilege, the new home state shall verify that the occupational
therapist or occupational therapy assistant meets the pertinent criteria outlined in
section 4 via the data system, without need for primary source verification except
for:

a. A federal bureau of investigation fingerprint-based criminal background
check if one has not been previously performed or updated pursuant to applicable
rules adopted by the Commission in accordance with Pub.L. 92-544;

b. Other criminal background checks as required by the new home state; and

c. 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 section 4,
the new home state shall apply its requirements for issuing a new single-state
license.

5. The occupational therapist or 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 nonmember state,
or from a nonmember 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.

SECTION 6

ACTIVE DUTY MILITARY PERSONNEL

OR THEIR SPOUSES

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 change the individual's
home state only through application for licensure in the new state or through the
process described in section 5.

SECTION 7

ADVERSE ACTIONS

A. A home state shall have exclusive power to impose an 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 has
the authority, in accordance with existing state due process law, to:

1. Take an adverse action against an occupational therapist's or occupational
therapy assistant's Compact privilege within that member state; and

2. Issue subpoenas for 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 is 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(s) and shall promptly report the conclusions of the investigations to the data
system. The 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.

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 this
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 an 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 an adverse action, it shall promptly notify the data
system administrator. The data system administrator 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 an adverse action.

SECTION 8

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 (1) delegate selected
by that member state's licensing board.

2. The delegate shall be either:

a. A current member of the licensing board who is an occupational therapist,
occupational therapy assistant, or public member; or

b. 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 licensing board shall fill any vacancy occurring in the
Commission within ninety (90) days.

5. Each delegate shall be entitled to one (1) 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;

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 and/or conflict of interest;

12. Lease, purchase, accept appropriate gifts or donations of, or otherwise
own, hold, improve, or use, any property, whether 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, whether 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:

a. Seven voting members who are elected by the Commission from the
current membership of the Commission;

b. One ex-officio, nonvoting member from a recognized national
occupational therapy professional association; and

c. 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 bylaws.

4. The Executive Committee shall meet at least annually.

5. The Executive Committee 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 rule-making provisions in
section 10.

2. The Commission or the Executive Committee or other committees of the
Commission may convene in a closed, nonpublic meeting if the Commission or
Executive Committee or other committees of the Commission must discuss:

a. Noncompliance of a member state with its obligations under this Compact;

b. 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;

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,
on behalf of, or for the 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 section 8 (E),
the Commission'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 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 an
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 section 8 (G)(1)
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 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.

SECTION 9

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. Nonconfidential information related to alternative program participation;

5. Any denial of application for licensure and the reason(s) 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 be available only to
other member states.

D. The Commission shall promptly notify all member states of any adverse
action taken 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.

SECTION 10

RULE-MAKING

A. The Commission shall exercise its rule-making 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 rule-making authority in a
manner that is beyond the scope of the purposes of the Compact or the powers
granted hereunder, then such 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 the 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 rule-making:

1. On the website of the Commission or other publicly accessible platform;
and

2. On the website of each member state's occupational therapy licensing
board or other publicly accessible platform or the publication in which each
member state would otherwise publish proposed rules.

F. The notice of proposed rule-making shall include:

1. The proposed time, date, and location of the meeting at 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 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 rule-making 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 rule-making 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 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.

SECTION 11

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 that 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:

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/or 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 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 United States 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 attorney
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 shall be awarded all
costs of such litigation, including reasonable attorney 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.

SECTION 12

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 rule-making 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 Compact 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 nonmember 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.

SECTION 13

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 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.

SECTION 14

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.

Legislative History

Source: L. 2021: Entire part added, (HB 21-1279), ch. 451, p. 2965, � 1, effective July 6.