PRINTER'S NO. 3118
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2603
Session of
2022
INTRODUCED BY FEE, R. BROWN, CIRESI, HICKERNELL, LONGIETTI,
MENTZER, POLINCHOCK, SAYLOR AND ZIMMERMAN, MAY 19, 2022
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 19, 2022
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the
Occupational Therapy Licensure Compact; and providing for the
form of 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 Occupational
Therapy Licensure Compact Act.
Section 2. Authority to execute compact.
The Governor, on behalf of the Commonwealth, 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:
OCCUPATIONAL THERAPY LICENSURE COMPACT
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate interstate practice
of Occupational Therapy with the goal of improving public access
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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,
equitable, or criminal action permitted by a State's laws which
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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
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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
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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.
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. In connection with an application for a Compact
Privilege under this Compact, for the purpose of administering
the criminal history background check in this Commonwealth, the
following shall apply:
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
requiring the applicant to submit to the Federal Bureau of
Investigation a national criminal history background check;
b. In addition to the requirement under subsection
a., an applicant shall submit fingerprints or other biometric-
based information and other identifying information to the
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Pennsylvania State Police or its designee. The Pennsylvania
State Police or its designee shall submit the fingerprints to
the Federal Bureau of Investigation for a national criminal
history background check;
c. Criminal information under this section shall
be interpreted and used by the Department of State solely to
determine an applicant's eligibility for the issuance of a
multistate license. The Department of State shall not
disseminate the criminal history information to the Commission.
The criminal history information under this subsection shall be
exempt from the limitations under 18 Pa.C.S. § 9121(b)(2)
(relating to general regulations);
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
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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
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
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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.
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
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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;
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
license 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:
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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 pursuant to Section 3A(5) 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
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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
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:
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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(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.
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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 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.
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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 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
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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.
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
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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
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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 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.
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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 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
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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; or
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
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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 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
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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
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
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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;
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;
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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 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
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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 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
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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 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
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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.
N. The Commission or an authorized committee of the
Commission may direct revisions to a previously adopted Rule or
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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 provide service of process to the Commission shall
render a judgment or order void as to the Commission, this
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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 beyond the effective date of termination.
5. The Commission shall not bear any costs related
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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 of such litigation, including reasonable
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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
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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.
Section 3. Effective date.
This act shall take effect immediately.
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