§ 33-40-210 — [SECTION 8] Establishment of the occupational therapy compact commission

Wyoming § 33-40-210

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 40: OCCUPATIONAL THERAPY PRACTICE
• Art. 2: OCCUPATIONAL THERAPY LICENSURE COMPACT

Text

(a) The compact member states hereby create and establish
a joint public agency known as the occupational therapy compact
commission:
(i) The commission is an instrumentality of the
compact states;
(ii) 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;
(iii) Nothing in this compact shall be construed to
be a waiver of sovereign immunity.
(b) Membership, voting and meetings:
(i) Each member state shall have and be limited to
one (1) delegate selected by that member state's licensing
board;
(ii) 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.
(iii) Any delegate may be removed or suspended from
office as provided by the law of the state from which the
delegate is appointed;
(iv) The member state board shall fill any vacancy
occurring in the commission within ninety (90) days;
(v) 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;
(vi) The commission shall meet at least once during
each calendar year. Additional meetings shall be held as set
forth in the bylaws;
(vii) The commission shall establish by rule a term
of office for delegates.
(c) The commission shall have the following powers and
duties:
(i) Establish a code of ethics for the commission;
(ii) Establish the fiscal year of the commission;
(iii) Establish bylaws;
(iv) Maintain its financial records in accordance
with the bylaws;
(v) Meet and take such actions as are consistent with
the provisions of this compact and the bylaws;
(vi) 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;
(vii) 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;
(viii) Purchase and maintain insurance and bonds;
(ix) Borrow, accept or contract for services of
personnel, including, but not limited to, employees of a member
state;
(x) 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;
(xi) Accept any and all appropriate donations and
grants of money, equipment, supplies, materials and services and
receive, utilize and dispose of the same, provided that at all
times the commission shall avoid any appearance of impropriety
or conflict of interest;
(xii) 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;
(xiii) Sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of any property real,
personal or mixed;
(xiv) Establish a budget and make expenditures;
(xv) Borrow money;
(xvi) Appoint committees, including standing
committees composed of members, state regulators, state
legislators or their representatives, consumer representatives
and such other interested persons as may be designated in this
compact and the bylaws;
(xvii) Provide and receive information from, and
cooperate with, law enforcement agencies;
(xviii) Establish and elect an executive committee;
and
(xix) 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 shall have the power to act on
behalf of the commission according to the terms of this compact
and in accordance with the following:
(i) The executive committee shall be composed of nine
(9) members:
(A) Seven (7) voting members who are elected by
the commission from the current membership of the commission;
(B) One (1) ex officio, nonvoting member from a
recognized national occupational therapy professional
association; and
(C) One (1) ex officio, nonvoting member from a
recognized national occupational therapy certification
organization.
(ii) The ex officio members will be selected by their
respective organizations;
(iii) The commission may remove any member of the
executive committee as provided in bylaws;
(iv) The executive committee shall meet at least
annually;
(v) 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:
(i) 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 W.S. 33-40-212
[section 10];
(ii) The commission or the executive committee or
other committees of the commission may convene in a closed, non-
public meeting if the commission or executive committee or other
committees of the commission must discuss:
(A) Non-compliance 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;
(J) Disclosure of information related to any
investigative reports prepared by or on behalf of or for use of
the commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to
the Compact; or
(K) Matters specifically exempted from
disclosure by federal or member state statute.
(iii) 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;
(iv) The commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and shall
provide a full and accurate summary of actions taken and the
reasons therefore, including a description of the views
expressed. All documents considered in connection with an action
shall be identified in such minutes. All minutes and documents
of a closed meeting shall remain under seal, subject to release
by a majority vote of the commission or order of a court of
competent jurisdiction.
(f) Financing of the commission:
(i) The commission shall pay, or provide for the
payment of, the reasonable expenses of its establishment,
organization and ongoing activities;
(ii) The commission may accept any and all
appropriate revenue sources, donations and grants of money,
equipment, supplies, materials and services;
(iii) 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;
(iv) 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;
(v) 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:
(i) 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 or liability for any damage, loss, injury or
liability caused by the intentional or willful or wanton
misconduct of that person;
(ii) 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 intentional or willful or wanton
misconduct;
(iii) 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.