Regular Session 2023-2024 House Bill 1329 P.N. 1465

PRINTER'S NO. 1465

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1329

Session of

2023

INTRODUCED BY MARKOSEK, MADDEN, KINSEY, VENKAT, D. WILLIAMS,

DELLOSO, SANCHEZ, HILL-EVANS AND KULIK, JUNE 6, 2023

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY

PREPAREDNESS, JUNE 6, 2023

AN ACT

Authorizing the Commonwealth of Pennsylvania to join the

Interstate Compact; providing for the form of the compact;

imposing additional powers and duties on the Governor, the

Secretary of the Commonwealth and the Compact.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Interstate

Occupational Therapy Licensure Act.

Section 2. Authority to execute compact.

The Governor of Pennsylvania, on behalf of this State, is

hereby authorized to execute a compact in substantially the

following form with any one or more of the states of the United

States and the General Assembly hereby signifies in advance its

approval and ratification of such compact:

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 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; 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 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,

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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,

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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 Practitioners 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.

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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

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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.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

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.

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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 Public Law 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 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.

SECTION 4. COMPACT PRIVILEGE

A. To exercise the Compact Privilege under the terms and

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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 4D, 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 such

completion;

6. Notify the Commission that the Licensee is seeking the

Compact Privilege within a Remote State(s);

7. Pay any applicable fees, including any State fee, for the

Compact Privilege;

8. Complete a criminal background check in accordance with

Section 3A(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 Adverse Action taken by any

non-Member State within 30 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 4A to maintain the Compact Privilege in

the Remote State.

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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; 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. Once an Encumbered License in the Home State is restored

to good standing, the Licensee must meet the requirements of

Section 4A 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;

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2. All fines have been paid and all conditions have been

met;

3. Two years have elapsed from the date of completing

requirements for 4(H)(1) and (2); and

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 4H have been met, the

Licensee must meet the requirements in Section 4A 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 compact privilege, the new Home State

shall verify that the Occupational Therapist or Occupational

Therapy Assistant meets the pertinent criteria outlined in

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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 Public Law 92-544;

b. other criminal background check 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 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 non-Member State, or from a non-Member 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

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established by a Member State for the issuance of a Single-State

License.

SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

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.

SECTION 7. ADVERSE ACTIONS

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,

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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(s) and shall promptly report the conclusions of the

investigations to the OT 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 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

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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.

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

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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 board shall fill any vacancy occurring

in the Commission within 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.

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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,

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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; 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

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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 Rulemaking provisions in Section 10.

2. The Commission or the Executive Committee or other

committees of the Commission may convene in a closed, non-public

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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;

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

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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 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

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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 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

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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.

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;

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3. Adverse Actions against a license or Compact Privilege;

4. Non-confidential 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 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.

SECTION 10. RULEMAKING

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

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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 4 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 (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

Rulemaking:

1. On the website of the Commission or other publicly

accessible platform; and

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

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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

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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 (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.

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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

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

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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

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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 U.S. 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'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 non-Member 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

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of such 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.

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 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 (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 act prior to the effective date of

withdrawal.

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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 non-Member 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

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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.

Section 3. When and how compact becomes operative.

(a) General rule.--When the Governor executes the

Interstate Compact on behalf of this State and files a verified

copy thereof with the Secretary of the Commonwealth and when the

compact is ratified by one or more other states, then the

compact shall become operative and effective between this State

and such other state or states. The Governor is hereby

authorized and directed to take such action as may be necessary

to complete the exchange of official documents between this

State and any other state ratifying the compact.

(b) Notice in Pennsylvania Bulletin.--The Secretary of the

Commonwealth shall transmit a notice to the Legislative

Reference Bureau for publication in the next available issue of

the Pennsylvania Bulletin when the conditions set forth in

subsection (a) are satisfied and shall include in the notice the

date on which the compact became effective and operative between

this State and any other state or states in accordance with this

act.

Section 4. Compensation and expenses of compact administrator.

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The compact administrator who represents this State, as

provided for in the Interstate Compact, shall not be entitled to

any additional compensation for his duties and responsibilities

as compact administrator but shall be entitled to reimbursement

for reasonable expenses actually incurred in connection with his

duties and responsibilities as compact administrator in the same

manner as for expenses incurred in connection with other duties

and responsibilities of his office or employment.

Section 5. Effective date.

This act shall take effect in 60 days.

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