§ 37:3021 — Occupational Therapy Licensure Compact; adoption

Louisiana § 37:3021

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§3021. Occupational Therapy Licensure Compact; adoption
The Occupational Therapy Licensure Compact is hereby recognized and enacted into
law and entered into by this state with all states legally joining therein in the form
substantially as follows:
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 the states' ability to protect the public's health and safety.
C. Encourage the cooperation of member states in regulating multi-state occupational
therapy practice.
D. Support spouses of relocating military members.
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.
G. Facilitate the use of telehealth technology in order to increase access to
occupational therapy services.
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 service
of the United States, including members of the National Guard and Reserve on active duty
orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211.
B. "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.
C. "Alternative program" means a non-disciplinary 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 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.
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 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 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).
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 individuals 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 as an occupational therapy assistant.
O. "Member state" means a state that has enacted the compact.
P. "Occupational therapist" means an individual who is licensed by a state to practice
occupational therapy.
Q. "Occupational therapy assistant" means an individual who is licensed by a state
to assist in the practice of occupational therapy.
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.
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: driver's license,
federal income tax return, lease, deed, mortgage or voter registration, or other verifying
documentation as further defined by commission rules.
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. "State" means any state, commonwealth, district, or territory of the United States
of America that regulates the practice of occupational therapy.
Y. "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.
Z. "Telehealth" means the application of telecommunication technology to deliver
occupational therapy services for assessment, intervention and/or consultation.
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.
(a) 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.
(b) 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 P.L. 92-544.
(c)(i) The Louisiana State Board of Medical Examiners shall be entitled to the
criminal history record and identification files of the Louisiana Bureau of Criminal
Identification and Information, located within the Department of Public Safety and
Corrections, of any person who is required to be licensed as an occupational therapist in
Louisiana or as part of the Occupation Therapy Licensure Compact. Fingerprints, biometrics,
and other identifying information of the applicant shall be submitted to the Louisiana Bureau
of Criminal Identification and Information. The Louisiana Bureau of Criminal Identification
and Information shall, upon request of the Louisiana State Board of Medical Examiners and
after receipt of a fingerprint card and other identifying information from the applicant, make
available to the board all arrest and conviction information contained in the Louisiana Bureau
of Criminal Identification and Information's criminal history record and identification files
which pertain to the applicant for licensure. In addition, the fingerprints shall be forwarded
by the Louisiana Bureau of Criminal Identification and Information to the Federal Bureau
of Investigation for a national criminal history record check.
(ii) In accordance with the authority provided for in this Chapter, the costs of
providing the information required in accordance with this Section shall be charged by the
Louisiana Bureau of Criminal Identification and Information, as specified in R.S. 15:587(B),
to the Louisiana State Board of Medical Examiners for furnishing information contained in
the Louisiana Bureau of Criminal Identification and Information's criminal history records
and identification files, including any additional cost of providing the national criminal
history records check, which pertains to the applicant. The board may impose any or all such
fees or costs on the applicant.
(iii) For the purposes of Section 3(A)(5)(c), "criminal history record information"
means all state records of arrest, prosecution, and conviction, including those which have
been expunged or dismissed pursuant to Code of Criminal Procedure Article 893 or 894, and
national records which shall include fingerprints of the applicant, biometrics, and other
identifying information, if so requested by the licensing board.
(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.
(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 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.
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
Section 4(D), (F), (G), and (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
the completion.
(6) Notify the commission that the licensee is seeking the compact privilege within
a remote state.
(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 in which the
licensee is seeking a compact privilege.
(10) Report to the commission adverse action taken by any nonmember state within
thirty 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 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. 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.
(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. Once 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 Section
4(H)(1) and (2).
(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 Section 4(H) have been met, the licensee must meet the
requirements in Section 4(A) to obtain a compact privilege in a remote state.
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 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) An FBI fingerprint-based criminal background check if not previously performed
or updated pursuant to applicable rules adopted by the commission in accordance with P.L.
92-544.
(b) Other criminal background check as required by the new home state.
(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 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 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.
A. 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 Section 5.
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.
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 investigation.
(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.
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:
(a) A current member of the licensing board, who is an occupational therapist,
occupational therapy assistant, or public member.
(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 board shall fill any vacancy occurring in the commission within
ninety 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.
(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, 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.
(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.
(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.
(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 rulemaking 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 the 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 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.
(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 provision, 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 the 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 Paragraph shall be construed to protect any such person from suit and/or
liability for any damage, loss, injury, or liability caused by the gross negligence or 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 his or her own counsel; and provided further, that the actual or alleged
act, error, or omission did not result from that person's gross negligence or 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 gross negligence or intentional or
willful or wanton misconduct of that person.
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 for such denial.
(6) Other information that may facilitate the administration of this compact, as
determined by the rules of the commission.
(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 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.
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 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 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.
(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.
(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 persons.
(2) A state or federal governmental subdivision or agency.
(3) An association or organization having at least twenty-five 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 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
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.
(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 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.
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:
(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.
(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
the litigation, including reasonable attorney's fees.
C. Dispute resolution.
(1) Upon request by a member state, the commission shall attempt to resolve disputes
related to the compact that arise among member states and between member and nonmember
states.
(2) The commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
D. Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the United States
District Court for the District of Columbia or the federal district where the commission has
its principal offices against a member state in default to enforce compliance with the
provisions of the compact and its promulgated rules and bylaws. The relief sought may
include both injunctive relief and damages. In the event judicial enforcement is necessary,
the prevailing member shall be awarded all costs of the litigation, including reasonable
attorney's 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.
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 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 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.
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.
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

Acts 2023, No. 263, §2, eff. Jan. 1, 2024.