1.The commission shall provide for the development, maintenance, and use of a
coordinated database and reporting system containing licensure, adverse action, and
investigative information on all licensed individuals in member states.
2.A member state shall submit a uniform data set to the data system on all individuals to
whom this compact applies, as required by the rules of the commission using a unique
identifier that includes:
a.Identifying information;
c.Adverse actions against a license or compact privilege;
d.Nonconfidential information related to alternative program participation;
e.Any denial of application for licensure, and the reason for the denial;
f.Other information that may facilitate the administration of this compact, as
determined by the rules o
Free access — add to your briefcase to read the full text and ask questions with AI
1. The commission shall provide for the development, maintenance, and use of a
coordinated database and reporting system containing licensure, adverse action, and
investigative information on all licensed individuals in member states.
2. A member state shall submit a uniform data set to the data system on all individuals to
whom this compact applies, as required by the rules of the commission using a unique
identifier that includes:
a. Identifying information;
b. Licensure data;
c. Adverse actions against a license or compact privilege;
d. Nonconfidential information related to alternative program participation;
e. Any denial of application for licensure, and the reason for the denial;
f. Other information that may facilitate the administration of this compact, as
determined by the rules of the commission; and
g. Current significant investigative information.
3. Current significant investigative information and other investigative information
pertaining to a licensee in any member state only will be available to other member
states.
4. 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.
5. 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.
6. Any information submitted to the data system that is subsequently required to be
expunged by the laws of the member state contributing the information must be
removed from the data system.
43-40.1-10. Rulemaking.
1. The commission shall exercise its rulemaking powers pursuant to the criteria set forth
in this section and the rules adopted thereunder. Rules and amendments become
binding as of the date specified in each rule or amendment.
2. The commission shall adopt rules in order to effectively and efficiently achieve the
purposes of the compact. Notwithstanding the foregoing, if the commission exercises
its rulemaking authority in a manner beyond the scope of the purposes of the compact,
or the powers granted under the compact, then the action by the commission is invalid
and has no force and effect.
3. 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, the rule has no further force and effect in any
member state.
4. Rules or amendments to the rules must be adopted at a regular or special meeting of
the commission.
5. Before adoption of a final rule 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:
a. On the website of the commission or other publicly accessible platform; and
b. 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.
6. The notice of proposed rulemaking must include:
a. The proposed time, date, and location of the meeting in which the rule will be
considered and voted on;
b. The text of the proposed rule or amendment and the reason for the proposed
rule;
c. A request for comments on the proposed rule from any interested person; and
d. The manner in which interested persons may submit notice to the commission of
their intention to attend the public hearing and any written comments.
7. Before adoption of a proposed rule, the commission shall allow an individual to submit
written data, facts, opinions, and arguments, which must be made available to the
public.
8. The commission shall grant an opportunity for a public hearing before the commission
adopts a rule or amendment if a hearing is requested by:
a. At least twenty-five individuals;
b. A state or federal governmental subdivision or agency; or
c. An association or organization having at least twenty-five members.
9. 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 through
electronic means, the commission shall publish the mechanism for access to the
electronic hearing.
a. Any individual 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.
b. Hearings must be conducted in a manner providing an individual who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.
c. All hearings must be recorded. A copy of the recording must be made available
on request.
d. This section may not be construed to require a separate hearing on each rule.
Rules may be grouped for the convenience of the commission at hearings
required by this section.
10. 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.
11. If written notice of intent to attend the public hearing by interested parties is not
received, the commission may proceed with adoption of the proposed rule without a
public hearing.
12. The commission shall, by majority vote of all members, take final action on the
proposed rule and determine the effective date of the rule, if any, based on the
rulemaking record and the full text of the rule.
13. Upon determination that an emergency exists, the commission may consider and
adopt an emergency rule without prior notice, opportunity for comment, or hearing,
provided the usual rulemaking procedures provided in the compact and in this section
must 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 purposes of this provision,
an emergency rule is one that must be adopted immediately in order to:
a. Meet an imminent threat to public health, safety, or welfare;
b. Prevent a loss of commission or member state funds;
c. Meet a deadline for the promulgation of an administrative rule that is established
by federal law or rule; or
d. Protect public health and safety.
14. 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 must be posted on the website of the commission. The revision is
subject to challenge by any individual 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 must be made in writing and delivered to the chair of the
commission before the end of the notice period. If a challenge is not 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.