§ 25-43-2-1 — Definitions

Except as otherwise provided, the following
definitions apply to this article:
(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 under 10
U.S.C. 1209 and 10 U.S.C. 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 nondisciplinary 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/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 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 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 the adverse action has been reported to the National
Practitioners 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 an individual whose
professional practice is adversely affected by substance abuse,
addiction, or other health related conditions.
(12) "Investigative information" means information, records,
and/or documents received or generated by an occupational
therapy licensing board under 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 (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: 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.
(23) "Rule" means a regulation promulgated by the commission
that has the force of law.
(24) "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.
(25) "State" means any state, commonwealth, district, or territory
of the United States of America that regulates the practice of
occupational therapy.
(26) "Telehealth" means the application of telecommunication
technology to deliver occupational therapy services for
assessment, intervention, and/or consultation.

Legislative History

As added by P.L.21-2023, SEC.1.