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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Occupational Therapy Licensure 2
Compact; creating s. 468.226, F.S.; creating the 3
Occupational Therapy Licensure Compact; providing 4
purpose and objectives; providing definitions; 5
requiring member states to meet certain requirements 6
to join and participate in the compact; providing 7
criteria that an occupational therapist or 8
occupational therapy assistant must satisfy to 9
practice under the compact; providing requirements for 10
renewal of an equivalent license in a member state; 11
providing that a licensee may hold a home state 12
license in only one member state at a time; providing 13
requirements and procedures for changing a home state 14
license designation; authorizing an active military 15
member and his or her spouse to be deemed as having a 16
home state license under certain circumstances; 17
requiring member states to report adverse actions 18
taken against the license of an occupational therapist 19
or occupational therapy assistant by other member 20
states; providing that a licensee's compact privilege 21
must be deactivated in all member states for the 22
duration of an encumbrance imposed by the licensee's 23
home state; requiring all home state disciplinary 24
orders imposing adverse actions to include a statement 25
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of deactivation of compact privilege; providing for 26
prompt notice to the data system and the licensee's 27
home state when action is taken against a licensee; 28
establishing the Occupational Therapy Compact 29
Commission; providing jurisdiction and venue for court 30
proceedings; providing commission membership, duties, 31
and powers; requiring member states to participate in 32
the exchange of specified information; authorizing the 33
commission to adopt rules and bylaws; authorizing the 34
commission to convene in closed, nonpublic meetings 35
under certain circumstances; providing f or the 36
development, maintenance, and use of a coordinated 37
database and reporting system; requiring member states 38
to submit specified information to the data system; 39
providing requirements for the information in the data 40
system; providing rulemaking procedu res; providing for 41
state enforcement of the compact; providing for the 42
termination of compact membership; providing 43
procedures for the resolution of certain disputes; 44
providing compact amendment procedures; providing 45
construction and severability and bindi ng effect of 46
the compact; amending ss. 456.073, 456.076, 468.205, 47
468.209, 468.217, and 768.28, F.S.; conforming 48
provisions to changes made by the act; providing an 49
effective date. 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
51
52
Be It Enacted by the Legislature of the state of Florida: 53
54
Section 1. Section 468.226, Florida Statutes, is created 55
to read: 56
468.226 Occupational Therapy Licensure Compact. —The 57
Occupational Therapy Licensure Compact is hereby enacted into 58
law and entered into by this state with all other states legally 59
joining therein in the form substantially as follows: 60
61
ARTICLE I 62
PURPOSE 63
64
(1) The purpose of this compact is to facilitate 65
interstate practice of occupational therapy with the goal of 66
improving public access to occupational therapy services. The 67
practice of occupationa l therapy occurs in the member state in 68
which the client is located at the time of the client's 69
encounter. The compact preserves the regulatory authority of 70
member states to protect public health and safety through their 71
current systems of state licensure. 72
(2) The compact is designed to achieve all of the 73
following objectives: 74
(a) Increase public access to occupational therapy 75
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services by providing for the mutual recognition of other member 76
state licenses. 77
(b) Enhance the states' ability to protect t he public's 78
health and safety. 79
(c) Encourage the cooperation of member states in 80
regulating multistate occupational therapy practice. 81
(d) Support spouses of relocating military members. 82
(e) Enhance the exchange of licensure, investigative, and 83
disciplinary information between member states. 84
(f) Allow a remote state to hold a provider of services 85
with a compact privilege in that state accountable to that 86
state's practice standards. 87
(g) Facilitate the use of telehealth technology in order 88
to increase access to occupational therapy services. 89
90
ARTICLE II 91
DEFINITIONS 92
93
As used in the compact, and except as otherwise provided, 94
the term: 95
(1) "Active duty military" means full -time duty status in 96
the active uniformed service of the United states, in cluding 97
members of the United States Reserve Forces and the National 98
Guard on active duty orders pursuant to 10 U.S.C. chapters 1209 99
and 1211. 100
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(2) "Adverse action" means any administrative, civil, 101
equitable, or criminal action permitted by the member sta te's 102
laws which is imposed by an occupational therapy licensing board 103
or other authority against an occupational therapist or 104
occupational therapy assistant, including actions against an 105
individual's license or compact privilege, such as censure, 106
revocation, suspension, probation, monitoring of the licensee, 107
or restriction on the licensee's practice. 108
(3) "Alternative program" means a nondisciplinary 109
monitoring process approved by a state's occupational therapy 110
licensing board. 111
(4) "Compact privilege" m eans the authorization, which is 112
equivalent to a license, granted by a remote state to allow a 113
licensee from another member state with an equivalent license to 114
practice as an occupational therapist or occupational therapy 115
assistant in a remote state under its laws and rules. The 116
practice of occupational therapy occurs in the member state in 117
which the client is located at the time of the client's 118
encounter. 119
(5) "Continuing competence" or "continuing education" 120
means a requirement, as a condition of license renewal, to 121
provide evidence of participation in, and completion of, 122
educational and professional activities relevant to practice or 123
area of work. 124
(6) "Current significant investigative information" means 125
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investigative information that a licensing board , after an 126
inquiry or investigation that includes notification and an 127
opportunity for the occupational therapist or occupational 128
therapy assistant to respond, if required by state law, has 129
reason to believe is not groundless and, if proven, would 130
indicate more than a minor infraction. 131
(7) "Data system" means a repository of information about 132
licensees, including, but not limited to, license status, 133
investigative information, compact privileges, and adverse 134
actions. 135
(8) "Encumbered license" means a lice nse in which an 136
adverse action restricts the practice of occupational therapy by 137
the licensee or said adverse action has been reported to the 138
National Practitioner Data Bank. 139
(9) "Executive committee" means a group of directors 140
elected or appointed to ac t on behalf of and within the powers 141
granted to them by the commission. 142
(10) "Home state" means the member state that is the 143
licensee's primary state of residence. 144
(11) "Impaired practitioner" means an individual whose 145
professional practice is adversel y affected by substance abuse, 146
addiction, or other health -related conditions. 147
(12) "Investigative information" means information, 148
records, and documents received or generated by an occupational 149
therapy licensing board pursuant to an investigation. 150
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(13) "Jurisprudence requirement" means the assessment of 151
an individual's knowledge of the laws and rules governing the 152
practice of occupational therapy in a state. 153
(14) "Licensee" means an individual who currently holds an 154
authorization from a state to pract ice as an occupational 155
therapist or occupational therapy assistant. 156
(15) "Member state" means a state that has enacted the 157
compact. 158
(16) "Occupational therapist" means an individual who is 159
licensed by a state to practice occupational therapy. 160
(17) "Occupational therapy," "occupational therapy 161
practice," or "the practice of occupational therapy" means the 162
care and services provided by an occupational therapist or 163
occupational therapy assistant as set forth by the member 164
state's laws and regulations. 165
(18) "Occupational therapy assistant" means an individual 166
who is licensed by a state to assist in the practice of 167
occupational therapy. 168
(19) "Occupational Therapy Compact Commission" or 169
"commission" means the national administrative body whose 170
membership consists of all states that have enacted the compact. 171
(20) "Occupational therapy licensing board" or "licensing 172
board" means the agency of a state that is authorized to license 173
and regulate occupational therapists and occupational therapy 174
assistants. 175
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(21) "Primary state of residence" means the home state in 176
which an occupational therapist or occupational therapy 177
assistant who is not active duty military declares a primary 178
residence for legal purposes as verified by the licensee's 179
driver's license, fed eral income tax return, lease, deed, 180
mortgage, voter registration, or other verifying documentation 181
as defined by the rules of the commission. 182
(22) "Remote state" means a member state other than the 183
home state in which a licensee is exercising or seeking to 184
exercise the compact privilege. 185
(23) "Rule" means a regulation adopted by the commission 186
that has the force of law. 187
(24) "Single-state license" means an occupational 188
therapist or occupational therapy assistant license issued by a 189
member state that authorizes practice only within the issuing 190
state and does not include a compact privilege in any other 191
member state. 192
(25) "State" means any state, commonwealth, district, or 193
territory of the United States that regulates the practice of 194
occupational therapy. 195
(26) "Telehealth" means the application of 196
telecommunications technology to deliver occupational therapy 197
services for assessment, intervention, or consultation. 198
199
ARTICLE III 200
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STATE PARTICIPATION IN THE COMPACT 201
202
(1) To participate in the compact, a member state must do 203
all of the following: 204
(a) License occupational therapists and occupational 205
therapy assistants. 206
(b) Participate fully in the data system, including, but 207
not limited to, using the commission's unique identifier, as 208
defined by the rules of the commission. 209
(c) Have a mechanism in place for receiving and 210
investigating complaints about licensees. 211
(d) Notify the commission, in compliance with the terms of 212
the compact and rules, of any adverse action or the availability 213
of investigative information regarding a licensee. 214
(e) Implement or use procedures for considering the 215
criminal history records of applicants for an initial compact 216
privilege. These procedures shall include the submission of 217
fingerprints or other biometric -based information by applicants 218
for the purpose of obtaining an applicant's criminal history 219
record from the Federal Bureau of Investigation and the agency 220
responsible for retaining that state's criminal records. 221
1. A member state shall, within a timeframe establishe d by 222
the commission, require a criminal background check for a 223
licensee seeking compact privilege whose primary state of 224
residence is in that member state, by receiving the results of 225
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the Federal Bureau of Investigation criminal record search, and 226
shall use the results in making licensure decisions. 227
2. Communication between a member state and the commission 228
and among member states regarding the verification of 229
eligibility for licensure through the compact shall not include 230
any information received from th e Federal Bureau of 231
Investigation relating to a federal criminal records check 232
performed by a member state under Pub. L. No. 92 -544. 233
(f) Comply with the rules of the commission. 234
(g) Use a recognized national examination as a requirement 235
for licensure pursuant to the rules of the commission. 236
(h) Have continuing competence or education requirements 237
as a condition for license renewal. 238
(2) A member state must grant the compact privilege to a 239
licensee holding a valid unencumbered license in another membe r 240
state in accordance with the terms of the compact and rules. 241
(3) Member states may charge a fee for granting a compact 242
privilege. 243
(4) A member state shall provide for the state's delegate 244
to attend all Occupational Therapy Compact Commission meetings . 245
(5) Individuals not residing in a member state shall 246
continue to be able to apply for a member state's single -state 247
license as provided under the laws of each member state. 248
However, the single-state license granted to these individuals 249
shall not be recognized as granting the compact privilege in any 250
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other member state. 251
(6) Nothing in this compact shall affect the requirements 252
established by a member state for the issuance of a single -state 253
license. 254
255
ARTICLE IV 256
COMPACT PRIVILEGE 257
258
(1) To exercise compact privilege under the terms and 259
provisions of the compact, a licensee must: 260
(a) Hold an unencumbered license in the home state. 261
(b) Have a valid United States Social Security Number or 262
National Practitioner Identification number. 263
(c) Have no encumbrance on any state license. 264
(d) Be eligible for a compact privilege in any member 265
state in accordance with subsections (4), (5), (8), and (10). 266
(e) Have paid all fines and completed all requirements 267
resulting from any adverse action against any lic ense or compact 268
privilege, and 2 years must have elapsed from the date of 269
completion. 270
(f) Notify the commission that the licensee is seeking the 271
compact privilege within a remote state. 272
(g) Pay any applicable fees, including any state fee, for 273
the compact privilege. 274
(h)1. Complete a criminal background check in accordance 275
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with Article III. 276
2. The licensee shall be responsible for the payment of 277
any fee associated with the completion of a criminal background 278
check. 279
(i) Meet any jurisprudence requir ements established by the 280
remote state in which the licensee is seeking a compact 281
privilege. 282
(j) Report to the commission adverse action taken by any 283
nonmember state within 30 days after the date the adverse action 284
is taken. 285
(2) The compact privilege i s valid until the expiration 286
date of the home state license. The licensee must comply with 287
the requirements of subsection (1) to maintain the compact 288
privilege in a remote state. 289
(3) A licensee providing occupational therapy in a remote 290
state under the compact privilege shall function within the laws 291
and regulations of the remote state. 292
(4) Occupational therapy assistants practicing in a remote 293
state shall be supervised by an occupational therapist licensed 294
or holding a compact privilege in that remote state. 295
(5) A licensee providing occupational therapy in a remote 296
state is subject to that state's regulatory authority. A remote 297
state may, in accordance with due process and that state's laws, 298
remove a licensee's compact privilege in the remote state fo r a 299
specific period of time, impose fines, and take any other 300
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necessary actions to protect the health and safety of its 301
citizens. The licensee is not eligible for a compact privilege 302
in any member state until the specific period of time for 303
removal has passed and all fines are paid. 304
(6) If a home state license is encumbered, the licensee 305
shall lose the compact privilege in any remote state until the 306
following conditions are met: 307
(a) The home state license is no longer encumbered. 308
(b) Two years have el apsed from the date on which the home 309
state license is no longer encumbered. 310
(7) Once an encumbered license in the home state is 311
restored to good standing, the licensee must meet the 312
requirements of subsection (1) to obtain compact privilege in 313
any remote state. 314
(8) If a licensee's compact privilege in any remote state 315
is removed, the licensee may lose the compact privilege in any 316
other remote state until the following conditions are met: 317
(a) The specific period of time for which the compact 318
privilege was removed has ended. 319
(b) All fines have been paid and all conditions have been 320
met. 321
(c) Two years have elapsed from the date of completing the 322
requirements under paragraphs (a) and (b). 323
(d) The compact privileges are reinstated by the 324
commission, and the data system is updated to reflect 325
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reinstatement. 326
(9) If a licensee's compact privilege in any remote state 327
is removed due to an erroneous charge, privileges shall be 328
restored through the data system. 329
(10) Once the requirements of subsection (8) have been 330
met, the licensee must meet the requirements of subsection (1) 331
to obtain a compact privilege in a remote state. 332
333
ARTICLE V 334
OBTAINING A NEW HOME STATE LICENSE 335
BY VIRTUE OF COMPACT PRIVILEGE 336
337
(1) An occupational therapist or occupational therapy 338
assistant may hold a home state license, which allows for 339
compact privileges in member states, in only one member state at 340
a time. 341
(2) If an occupational therapist or occupational therapy 342
assistant changes his or her primary state of residence by 343
moving between two member states: 344
(a) The occupational therapist or occupational therapy 345
assistant shall file an application for obtaining a new home 346
state license by virtue of a compact privilege, pay all 347
applicable fees, and notify the current and new home s tate in 348
accordance with applicable rules adopted by the commission. 349
(b) Upon receipt of an application for obtaining a new 350
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home state license by virtue of compact privilege, the new home 351
state shall verify that the occupational therapist or 352
occupational therapy assistant meets the applicable criteria 353
under Article IV via the data system, without the need for 354
primary source verification except for: 355
1. A Federal Bureau of Investigation fingerprint -based 356
criminal background check if not previously performe d or updated 357
pursuant to applicable rules adopted by the commission in 358
accordance with Pub. L. No. 92 -544. 359
2. Any other criminal background check as required by the 360
new home state. 361
3. Submission of any requisite jurisprudence requirements 362
of the new home state. 363
(c) The former home state shall convert the former home 364
state license into a compact privilege once the new home state 365
has activated the new home state license in accordance with 366
applicable rules adopted by the commission. 367
(d) Notwithstanding any other provision of this compact, 368
if the occupational therapist or occupational therapy assistant 369
cannot meet the criteria in Article IV, the new home state shall 370
apply its requirements for issuing a new single -state license. 371
(e) The occupational the rapist or occupational therapy 372
assistant shall pay all applicable fees to the new home state in 373
order to be issued a new home state license. 374
(3) If an occupational therapist or occupational therapy 375
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assistant changes his or her primary state of residence by 376
moving from a member state to a nonmember state, or from a 377
nonmember state to a member state, the state criteria shall 378
apply for issuance of a single -state license in the new state. 379
(4) Nothing in this compact shall interfere with a 380
licensee's ability to hold a single-state license in multiple 381
states; however, for the purposes of this compact, a licensee 382
may have only one home state license. 383
(5) Nothing in this compact shall affect the requirements 384
established by a member state for the issuance of a single-state 385
license. 386
387
ARTICLE VI 388
ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES 389
390
Active duty military personnel and their spouses shall 391
designate a home state in which the individual has a current 392
license in good standing. The individual may retain th e home 393
state designation during the period the service member is on 394
active duty. Subsequent to designating a home state, the 395
individual shall only change his or her home state through 396
application for licensure in the new state in accordance with 397
Article V. 398
399
ARTICLE VII 400
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ADVERSE ACTIONS 401
402
(1) A home state has exclusive power to impose adverse 403
action against an occupational therapist's or occupational 404
therapy assistant's license issued by the home state. 405
(2) In addition to the powers conferred by state law, a 406
remote state has the authority, in accordance with existing 407
state due process law, to: 408
(a) Take adverse action against an occupational 409
therapist's or occupational therapy assistant's compact 410
privilege within that member state. 411
(b) Issue subpoenas fo r both hearings and investigations 412
that require the attendance and testimony of witnesses and the 413
production of evidence. Subpoenas issued by a licensing board in 414
a member state for the attendance and testimony of witnesses or 415
for the production of evidenc e from another member state shall 416
be enforced in the latter state by any court of competent 417
jurisdiction, according to the practice and procedure of that 418
court applicable to subpoenas issued in proceedings pending 419
before it. The issuing authority shall pay any witness fees, 420
travel expenses, mileage, and other fees required by the service 421
laws of the state in which the witnesses or evidence is located. 422
(3) For purposes of taking adverse action, the home state 423
shall give the same priority and effect to repo rted conduct 424
received from a member state as it would if the conduct had 425
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occurred within the home state. In so doing, the home state 426
shall apply its own state laws to determine appropriate action. 427
(4) The home state shall complete any pending 428
investigations of an occupational therapist or occupational 429
therapy assistant who changes primary state of residence during 430
the course of the investigations. The home state in which the 431
investigations were initiated shall also have the authority to 432
take appropriate actions and shall promptly report the 433
conclusions of the investigations to the data system. The data 434
system administrator shall promptly notify the new home state of 435
any adverse actions. 436
(5) A member state, if otherwise permitted by state law, 437
may recover from the affected occupational therapist or 438
occupational therapy assistant the costs of investigations and 439
disposition of cases resulting from any adverse action taken 440
against that occupational therapist or occupational therapy 441
assistant. 442
(6) A member state may take adverse action based on the 443
factual findings of the remote state, provided that the member 444
state follows its own procedures for taking the adverse action. 445
(7)(a) In addition to the authority granted to a member 446
state by its respective state occupational therapy laws and 447
regulations or other applicable state law, any member state may 448
participate with other member states in joint investigations of 449
licensees. 450
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(b) Member states shall share any investigative, 451
litigation, or compliance materials in furtherance of any joint 452
or individual investigation initiated under the compact. 453
(8) If an adverse action is taken by the home state 454
against an occupational therapist's or occupational therapy 455
assistant's license, the occupational therapist's or 456
occupational therapy assistant's compact privilege in all other 457
member states shall be deactivated until all encumbrances have 458
been removed from the state license. All home state disciplinary 459
orders that impose adverse action against an occupational 460
therapist's or occupational therapy assistant's license shall 461
include a statement that the occupational therapist's or 462
occupational therapy assistant's compact privilege is 463
deactivated in all member states during the pendency of the 464
order. 465
(9) If a member state t akes adverse action, it shall 466
promptly notify the administrator of the data system. The 467
administrator of the data system shall promptly notify the home 468
state of any adverse actions by remote states. 469
(10) Nothing in this compact shall override a member 470
state's decision that participation in an alternative program 471
may be used in lieu of adverse action. 472
473
ARTICLE VIII 474
ESTABLISHMENT OF THE OCCUPATIONAL THERAPY 475
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COMPACT COMMISSION 476
477
(1) CREATION.—The member states hereby create and 478
establish a joint public agen cy known as the Occupational 479
Therapy Compact Commission. 480
(a) The commission is an instrumentality of the compact 481
states. 482
(b) Venue is proper and judicial proceedings by or against 483
the commission must be brought solely and exclusively in a court 484
of competent jurisdiction in which the principal office of the 485
commission is located. The commission may waive venue and 486
jurisdictional defenses to the extent it adopts or consents to 487
participate in alternative dispute resolution proceedings. 488
(c) Nothing in this compact may be construed to be a 489
waiver of sovereign immunity, except to the extent it is waived 490
in a member state. 491
(2) MEMBERSHIP, VOTING, AND MEETINGS. — 492
(a) Each member state has and is limited to one delegate 493
selected by that member state's licens ing board. The delegate 494
must be a current member of the licensing board, who is an 495
occupational therapist, an occupational therapy assistant, a 496
public member, or an administrator of the licensing board. 497
(b) Any delegate may be removed or suspended from o ffice 498
as provided by the law of the state from which the delegate is 499
appointed. 500
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(c) The member state board shall fill any vacancy 501
occurring on the commission within 90 days. 502
(d) Each delegate is entitled to one vote with regard to 503
the adoption of rules and creation of bylaws and shall otherwise 504
have an opportunity to participate in the business and affairs 505
of the commission. 506
(e) A delegate shall vote in person or by such other means 507
as provided in the bylaws. The bylaws may provide for delegates' 508
participation in meetings by telephone or other means of 509
communication. 510
(f) The commission shall meet at least once during each 511
calendar year. Additional meetings may be held as set forth in 512
the bylaws. 513
(g) The commission shall establish by rule a term of 514
office for delegates. 515
(3) DUTIES.—The commission shall have all of the following 516
powers and duties: 517
(a) Establish the code of ethics for the commission. 518
(b) Establish the fiscal year of the commission. 519
(c) Establish bylaws. 520
(d) Maintain its financial records in accordance with the 521
bylaws. 522
(e) Meet and take such actions as are consistent with the 523
provisions of the compact and the bylaws. 524
(4) POWERS.—The commission may do any of the following: 525
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(a) Adopt uniform rules to facilitate and coor dinate 526
implementation and administration of the compact. The rules have 527
the force and effect of law and are binding in all member 528
states. 529
(b) Bring and prosecute legal proceedings or actions in 530
the name of the commission, provided that the standing of an y 531
state occupational therapy licensing board to sue or be sued 532
under applicable law is not affected. 533
(c) Purchase and maintain insurance and bonds. 534
(d) Borrow, accept, or contract for services of personnel, 535
including, but not limited to, employees of a member state. 536
(e) Hire employees, elect or appoint officers, fix 537
compensation of, define duties of, grant such individuals 538
appropriate authority to carry out the purposes of the compact, 539
and establish the commission's personnel policies and programs 540
relating to conflicts of interest, qualifications of personnel, 541
and other related personnel matters. 542
(f) Accept any appropriate donations and grants of money, 543
equipment, supplies, materials, and services, and receive, use, 544
and dispose of the same, provided that at all times the 545
commission avoids any appearance of impropriety or conflict of 546
interest. 547
(g) Lease, purchase, accept appropriate gifts or donations 548
of, or otherwise own, hold, improve, or use any property, real, 549
personal, or mixed, provided that at all times the commission 550
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
avoids any appearance of impropriety or conflict of interest. 551
(h) Sell, convey, mortgage, pledge, lease, exchange, 552
abandon, or otherwise dispose of any property, real, personal, 553
or mixed. 554
(i) Establish a budget and make expend itures. 555
(j) Borrow money. 556
(k) Appoint committees, including standing committees 557
composed of members, state regulators, state legislators or 558
their representatives, and consumer representatives, and such 559
other interested persons as may be designated in t he compact and 560
the bylaws. 561
(l) Provide information to, receive information from, and 562
cooperate with law enforcement agencies. 563
(m) Establish and elect an executive committee. 564
(n) Perform such other functions as may be necessary or 565
appropriate to achie ve the purposes of the compact consistent 566
with the state regulation of occupational therapy licensure and 567
practice. 568
(5) THE EXECUTIVE COMMITTEE. — 569
(a) The executive committee may act on behalf of the 570
commission according to the terms of the compact. 571
(b) The executive committee shall be composed of the 572
following nine members: 573
1. Seven voting members who are elected by the commission 574
from the current membership of the commission. 575
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2. One ex officio, nonvoting member from a recognized 576
National Occupational Therapy Professional Association. 577
3. One ex officio, nonvoting member from a recognized 578
National Occupational Therapy certification organization. 579
(c) The ex officio members shall be selected by their 580
respective organizations. 581
(d) The commission may remove any member of the executive 582
committee as provided in its bylaws. 583
(e) The executive committee shall meet at least annually. 584
(f) The executive committee shall have all of the 585
following duties: 586
1. Recommend to the entire commission changes to the rules 587
or bylaws, changes to the compact legislation, fees paid by 588
member states, such as annual dues, and any commission compact 589
fee charged to licensees for the compact privilege. 590
2. Ensure compact administration services are 591
appropriately provided , contractually or otherwise. 592
3. Prepare and recommend the budget. 593
4. Maintain financial records on behalf of the commission. 594
5. Monitor compact compliance of member states and provide 595
compliance reports to the commission. 596
6. Establish additional c ommittees as necessary. 597
7. Perform other duties as provided in the rules or 598
bylaws. 599
(6) MEETINGS OF THE COMMISSION. — 600
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(a) All meetings shall be open to the public, and public 601
notice of meetings shall be given in the same manner as required 602
under the rulemaking provisions in Article X. 603
(b) The commission, the executive committee, or other 604
committees of the commission may convene in a closed, nonpublic 605
meeting if the commission or executive committee or other 606
committees of the commission must discuss: 607
1. Noncompliance of a member state with its obligations 608
under the compact. 609
2. The employment, compensation, discipline, or other 610
matters, practices, or procedures related to specific employees 611
or other matters related to the commission's internal perso nnel 612
practices and procedures. 613
3. Current, threatened, or reasonably anticipated 614
litigation. 615
4. Negotiation of contracts for the purchase, lease, or 616
sale of goods, services, or real estate. 617
5. Accusing any person of a crime or formally censuring 618
any person. 619
6. Disclosure of trade secrets or commercial or financial 620
information that is privileged or confidential. 621
7. Disclosure of information of a personal nature where 622
disclosure would constitute a clearly unwarranted invasion of 623
personal privacy. 624
8. Disclosure of investigative records compiled for law 625
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
enforcement purposes. 626
9. Disclosure of information related to any investigative 627
reports prepared by or on behalf of or for use of the commission 628
or other committee charged with responsibility of inv estigation 629
or determination of compliance issues pursuant to the compact. 630
10. Matters specifically exempted from disclosure by 631
federal or member state statute. 632
(7) FINANCING OF THE COMMISSION. — 633
(a) The commission shall pay, or provide for the payment 634
of, the reasonable expenses of its establishment, organization, 635
and ongoing activities. 636
(b) The commission may accept any appropriate revenue 637
sources, donations, and grants of money, equipment, supplies, 638
materials, and services. 639
(c) The commission may levy and collect an annual 640
assessment from each member state or impose fees on other 641
parties to cover the cost of the operations and activities of 642
the commission and its staff. Such assessments and fees must 643
total to an amount sufficient to cover the comm ission's annual 644
budget as approved each year for which revenue is not provided 645
by other sources. The aggregate annual assessment amount must be 646
allocated based upon a formula to be determined by the 647
commission, which shall adopt a rule binding upon all mem ber 648
states. 649
(d) The commission may not incur obligations of any kind 650
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
before securing the funds adequate to meet such obligations or 651
pledge the credit of any of the member states, except by and 652
with the authority of the member state. 653
(e) The commission shall keep accurate accounts of all 654
receipts and disbursements. The receipts and disbursements of 655
the commission are subject to the audit and accounting 656
procedures established under its bylaws. However, all receipts 657
and disbursements of funds handled by th e commission must be 658
audited yearly by a certified or licensed public accountant, and 659
the report of the audit must be included in and become part of 660
the annual report of the commission. 661
(8) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION. — 662
(a) The members, officers, executive director, employees, 663
and representatives of the commission are immune from suit and 664
liability, whether personally or in their official capacity, for 665
any claim for damage to or loss of property or personal injury 666
or other civil liability caused by or arising out of any actual 667
or alleged act, error, or omission that occurred, or that the 668
person against whom the claim is made had a reasonable basis for 669
believing occurred, within the scope of commission employment, 670
duties, or responsib ilities. However, this paragraph may not be 671
construed to protect any such person from suit or liability for 672
any damage, loss, injury, or liability caused by the 673
intentional, willful, or wanton misconduct of that person. 674
(b) The commission shall defend an y member, officer, 675
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executive director, employee, or representative of the 676
commission in any civil action seeking to impose liability 677
arising out of any actual or alleged act, error, or omission 678
that occurred within the scope of commission employment, dutie s, 679
or responsibilities, or that the person against whom the claim 680
is made had a reasonable basis for believing occurred within the 681
scope of commission employment, duties, or responsibilities. 682
However, this paragraph may not be construed to prohibit any 683
member, officer, executive director, employee, or representative 684
of the commission from retaining his or her own counsel or to 685
require the commission to defend such person if the actual or 686
alleged act, error, or omission resulted from that person's 687
intentional, willful, or wanton misconduct. 688
(c) The commission shall indemnify and hold harmless any 689
member, officer, executive director, employee, or representative 690
of the commission for the amount of any settlement or judgment 691
obtained against that person arisin g out of any actual or 692
alleged act, error, or omission that occurred within the scope 693
of commission employment, duties, or responsibilities, or that 694
such person had a reasonable basis for believing occurred within 695
the scope of commission employment, duties , or responsibilities, 696
provided that the actual or alleged act, error, or omission did 697
not result from the intentional, willful, or wanton misconduct 698
of that person. 699
700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ARTICLE IX 701
DATA SYSTEM 702
703
(1) The commission shall provide for the development, 704
maintenance, and use of a coordinated database and reporting 705
system containing licensure, adverse action, and investigative 706
information on all licensed individuals in member states. 707
(2) A member state shall submit a uniform data set to the 708
data system on all indi viduals to whom the compact is 709
applicable, using a unique identifier, as required by the rules 710
of the commission, including: 711
(a) Identifying information. 712
(b) Licensure data. 713
(c) Adverse actions against a license or compact 714
privilege. 715
(d) Nonconfidential information related to alternative 716
program participation. 717
(e) Any denial of application for licensure and the reason 718
for such denial. 719
(f) Other information that may facilitate the 720
administration of the compact, as determined by the rules of the 721
commission. 722
(g) Current significant investigative information. 723
(3) Current significant investigative information and 724
other investigative information in the system pertaining to a 725
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
licensee in any member state must be available only to other 726
member states. 727
(4) The commission shall promptly notify all member states 728
of any adverse action taken against a licensee or an applicant. 729
Adverse action information pertaining to a licensee in any 730
member state must be available to all other member states. 731
(5) Member states contributing information to the data 732
system may designate information that may not be shared with the 733
public without the express permission of the contributing state. 734
(6) Any information submitted to the data system which is 735
subsequently require d to be expunged by the laws of the member 736
state contributing the information must be removed from the data 737
system. 738
739
ARTICLE X 740
RULEMAKING 741
742
(1) The commission shall exercise its rulemaking powers 743
pursuant to this article and the rules adopted thereunder. Rules 744
and amendments become binding as of the date specified in each 745
rule or amendment. 746
(2) The commission shall adopt reasonable rules in order 747
to effectively and efficiently achieve the purposes of the 748
compact. Notwithstanding the foregoing, in the event the 749
commission exercises its rulemaking authority in a manner that 750
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is beyond the scope of the purposes of the compact, or the 751
powers granted hereunder, then such an action by the commission 752
shall be invalid and have no force and effect. 753
(3) If a majority of the legislatures of the member states 754
reject a rule by enactment of a statute or r esolution in the 755
same manner used to adopt the compact within 4 years after the 756
date of adoption of the rule, such rule does not have further 757
force and effect in any member state. 758
(4) Rules or amendments to the rules must be adopted at a 759
regular or special meeting of the commission. 760
(5) Before adoption of a final rule or rules by the 761
commission, and at least 30 days before the meeting at which the 762
rule will be considered and voted upon, the commission must file 763
a notice of proposed rulemaking on all of the following: 764
(a) The website of the commission or another publicly 765
accessible platform. 766
(b) The website of each member state occupational therapy 767
licensing board or another publicly accessible platform or the 768
publication in which each state would oth erwise publish proposed 769
rules. 770
(6) The notice of proposed rulemaking must include all of 771
the following: 772
(a) The proposed date, time, and location of the meeting 773
in which the rule will be considered and voted upon. 774
(b) The text of the proposed rule an d the reason for the 775
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
proposed rule. 776
(c) A request for comments on the proposed rule from any 777
interested person. 778
(d) The manner in which interested persons may submit 779
notice to the commission of their intention to attend the public 780
hearing and any writt en comments. 781
(7) Before adoption of a proposed rule, the commission 782
must allow persons to submit written data, facts, opinions, and 783
arguments, which must be made available to the public. 784
(8) The commission must grant an opportunity for a public 785
hearing before it adopts a rule or an amendment if a hearing is 786
requested by any of the following: 787
(a) At least 25 persons. 788
(b) A state or federal governmental subdivision or agency. 789
(c) An association or organization having at least 25 790
members. 791
(9) If a scheduled public hearing is held on the proposed 792
rule or amendment, the commission must publish the date, time, 793
and location of the hearing. If the hearing is held through 794
electronic means, the commission must publish the mechanism for 795
access to the electr onic hearing. 796
(a) All persons wishing to be heard at the hearing must 797
notify the executive director of the commission or another 798
designated member in writing of their desire to appear and 799
testify at the hearing at least 5 business days before the 800
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scheduled date of the hearing. 801
(b) Hearings must be conducted in a manner providing each 802
person who wishes to comment a fair and reasonable opportunity 803
to comment orally or in writing. 804
(c) All hearings will be recorded. A copy of the recording 805
must be made available on request. 806
(d) This article may not be construed to require a 807
separate hearing on each rule. Rules may be grouped for the 808
convenience of the commission at hearings required by this 809
article. 810
(10) Following the scheduled hearing date, or by the close 811
of business on the scheduled hearing date if the hearing was not 812
held, the commission shall consider all written and oral 813
comments received. 814
(11) If no written notice of intent to attend the public 815
hearing by interested parties is received, the com mission may 816
proceed with adoption of the proposed rule without a public 817
hearing. 818
(12) The commission shall, by majority vote of all 819
members, take final action on the proposed rule and shall 820
determine the effective date of the rule, if any, based on the 821
rulemaking record and the full text of the rule. 822
(13) Upon determination that an emergency exists, the 823
commission may consider and adopt an emergency rule without 824
prior notice, opportunity for comment, or hearing, provided that 825
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the usual rulemaking proced ures provided in the compact and in 826
this article are retroactively applied to the rule as soon as 827
reasonably possible, in no event later than 90 days after the 828
effective date of the rule. For the purposes of this subsection, 829
an "emergency rule" means a rul e that must be adopted 830
immediately in order to do any of the following: 831
(a) Meet an imminent threat to public health, safety, or 832
welfare. 833
(b) Prevent a loss of commission or member state funds. 834
(c) Meet a deadline for the adoption of an administrativ e 835
rule established by federal law or rule. 836
(d) Protect public health and safety. 837
(14) The commission or an authorized committee of the 838
commission may direct revisions to a previously adopted rule or 839
amendment for purposes of correcting typographical errors, 840
errors in format, errors in consistency, or grammatical errors. 841
Public notice of any revisions must be posted on the website of 842
the commission. The revision is subject to challenge by any 843
person for a period of 30 days after posting. The revision may 844
be challenged only on grounds that the revision results in a 845
material change to a r ule. A challenge must be made in writing 846
and delivered to the executive director of the commission before 847
the end of the notice period. If a challenge is not made, the 848
revision takes effect without further action. If the revision is 849
challenged, the revisio n may not take effect without the 850
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
approval of the commission. 851
852
ARTICLE XI 853
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 854
855
(1) OVERSIGHT.— 856
(a) The executive, legislative, and judicial branches of 857
state government in each member state shall enforce the c ompact 858
and take all actions necessary and appropriate to carry out the 859
compact's purposes and intent. The provisions of the compact and 860
the rules adopted hereunder have standing as statutory law. 861
(b) All courts shall take judicial notice of the compact 862
and the rules in any judicial or administrative proceeding in a 863
member state pertaining to the subject matter of the compact 864
which may affect the powers, responsibilities, or actions of the 865
commission. 866
(c) The commission is entitled to receive service of 867
process in any such proceeding and has standing to intervene in 868
such a proceeding for all purposes. Failure to provide service 869
of process to the commission renders a judgment or an order void 870
as to the commission, the compact, or the adopted rules. 871
(2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. — 872
(a) If the commission determines that a member state has 873
defaulted in the performance of its obligations or 874
responsibilities under the compact or the adopted rules, the 875
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commission must do all of the followi ng: 876
1. Provide written notice to the defaulting state and 877
other member states of the nature of the default, the proposed 878
means of curing the default, and any other action to be taken by 879
the commission. 880
2. Provide remedial training and specific technica l 881
assistance regarding the default. 882
(b) If a state in default fails to cure the default, the 883
defaulting state may be terminated from the compact upon an 884
affirmative vote of a majority of the member states, and all 885
rights, privileges, and benefits conferr ed by the compact may be 886
terminated on the effective date of termination. A cure of the 887
default does not relieve the offending state of obligations or 888
liabilities incurred during the period of default. 889
(c) Termination of membership in the compact may be 890
imposed only after all other means of securing compliance have 891
been exhausted. The commission shall give notice of intent to 892
suspend or terminate a defaulting member state to the governor 893
and majority and minority leaders of the defaulting state's 894
legislature, and to each of the member states. 895
(d) A state that has been terminated from the compact is 896
responsible for all assessments, obligations, and liabilities 897
incurred through the effective date of termination, including 898
obligations that extend beyond the effective date of 899
termination. 900
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(e) The commission does not bear any costs related to a 901
state that is found to be in default or that has been terminated 902
from the compact, unless agreed upon in writing between the 903
commission and the defaulting state. 904
(f) The defaulting state may appeal the action of the 905
commission by petitioning the United States District Court for 906
the District of Columbia or the federal district in which the 907
commission has its principal offices. The prevailing member 908
shall be awarded all costs of such litigation, including 909
reasonable attorney's fees. 910
(3) DISPUTE RESOLUTION. — 911
(a) Upon request by a member state, the commission must 912
attempt to resolve disputes related to the compact which arise 913
among member states and between member and nonmember states. 914
(b) The commission shall adopt a rule providing for both 915
mediation and binding dispute resolution for disputes as 916
appropriate. 917
(4) ENFORCEMENT.— 918
(a) The commission, in the reasonable exercise of its 919
discretion, shall enforce the co mpact and the commission's 920
rules. 921
(b) By majority vote, the commission may initiate legal 922
action in the United states District Court for the District of 923
Columbia or the federal district in which the commission has its 924
principal offices against a member s tate in default to enforce 925
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compliance with the provisions of the compact and its adopted 926
rules and bylaws. The relief sought may include both injunctive 927
relief and damages. In the event judicial enforcement is 928
necessary, the prevailing member shall be awar ded all costs of 929
such litigation, including reasonable attorney's fees. 930
(c) The remedies under this article are not the exclusive 931
remedies of the commission. The commission may pursue any other 932
remedies available under federal or state law. 933
934
ARTICLE XII 935
DATE OF IMPLEMENTATION OF THE COMPACT AND ASSOCIATED RULES; 936
WITHDRAWAL; AMENDMENTS 937
938
(1) The compact becomes effective on the date that the 939
compact statute is enacted into law in the tenth member state. 940
The provisions that become effective at that time are limited to 941
the powers granted to the commission relating to assembly and 942
the adoption of rules. Thereafter, the commission shall meet and 943
exercise rulemaking powers necessary for the implementation and 944
administration of the compact. 945
(2) Any state that joins the compact subsequent to the 946
commission's initial adoption of the rules is subject to the 947
rules as they exist on the date that the compact becomes law in 948
that state. Any rule that has been previously adopted by the 949
commission has the full force an d effect of law on the day the 950
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compact becomes law in that state. 951
(3) Any member state may withdraw from the compact by 952
enacting a statute repealing the same. 953
(a) A member state's withdrawal does not take effect until 954
6 months after enactment of the re pealing statute. 955
(b) Withdrawal does not affect the continuing requirement 956
of the withdrawing state's occupational therapy licensing board 957
to comply with the investigative and adverse action reporting 958
requirements of this act before the effective date of 959
withdrawal. 960
(4) The compact may not be construed to invalidate or 961
prevent any occupational therapy licensure agreement or other 962
cooperative arrangement between a member state and a nonmember 963
state which does not conflict with the provisions of the 964
compact. 965
(5) The compact may be amended by the member states. An 966
amendment to the compact does not become effective and binding 967
upon any member state until it is enacted into the laws of all 968
member states. 969
970
ARTICLE XIII 971
CONSTRUCTION AND SEVERABILITY 972
973
The compact must be liberally construed so as to carry out the 974
purposes thereof. The provisions of the compact are severable, 975
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and if any phrase, clause, sentence, or provision of the compact 976
is declared to be contrary to the constitution of any member 977
state or of the United States or the applicability thereof to 978
any government, agency, person, or circumstance is held invalid, 979
the validity of the remainder of the compact and the 980
applicability thereof to any government, agency, person, or 981
circumstance is not affected thereby. If the compact is held 982
contrary to the constitution of any member state, the compact 983
remains in full force and effect as to the remaining member 984
states and in full force and effect as to the member state 985
affected as to all severable matte rs. 986
987
ARTICLE XIV 988
BINDING EFFECT OF COMPACT AND OTHER LAWS 989
990
(1) A licensee providing occupational therapy in a remote 991
state under the compact privilege shall function within the laws 992
and regulations of the remote state. 993
(2) Nothing herein prevents the e nforcement of any other 994
law of a member state that is not inconsistent with the compact. 995
(3) Any laws in a member state in conflict with the 996
compact are superseded to the extent of the conflict. 997
(4) Any lawful actions of the commission, including all 998
rules and bylaws adopted by the commission, are binding upon the 999
member states. 1000
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(5) All agreements between the commission and the member 1001
states are binding in accordance with their terms. 1002
(6) In the event any provision of the compact exceeds the 1003
constitutional limits imposed on the legislature of any member 1004
state, the provision shall be ineffective to the extent of the 1005
conflict with the constitutional provision in question in that 1006
member state. 1007
Section 2. Paragraph (b) of subsection (10) of section 1008
456.073, Florida Statutes, is amended to read: 1009
456.073 Disciplinary proceedings. —Disciplinary proceedings 1010
for each board shall be within the jurisdiction of the 1011
department. 1012
(10) 1013
(b) The department shall report any significant 1014
investigation information relating to a nurse holding a 1015
multistate license to the coordinated licensure information 1016
system pursuant to s. 464.0095; any investigative information 1017
relating to an audiologist or a speech -language pathologist 1018
holding a compact privilege under the Audiol ogy and Speech-1019
Language Pathology Interstate Compact to the data system 1020
pursuant to s. 468.1335; any investigative information relating 1021
to an occupational therapist or occupational therapy assistant 1022
holding a compact privilege under the Occupational Therap y 1023
Licensure Compact to the data system pursuant to s. 468.226; any 1024
investigative information relating to a physical therapist or 1025
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physical therapist assistant holding a compact privilege under 1026
the Physical Therapy Licensure Compact to the data system 1027
pursuant to s. 486.112; any significant investigatory 1028
information relating to a psychologist practicing under the 1029
Psychology Interjurisdictional Compact to the coordinated 1030
licensure information system pursuant to s. 490.0075; and any 1031
significant investigatory in formation relating to a health care 1032
practitioner practicing under the Professional Counselors 1033
Licensure Compact to the data system pursuant to s. 491.017. 1034
Section 3. Subsection (5) of section 456.076, Florida 1035
Statutes, is amended to read: 1036
456.076 Impaired practitioner programs. — 1037
(5) A consultant shall enter into a participant contract 1038
with an impaired practitioner and shall establish the terms of 1039
monitoring and shall include the terms in a participant 1040
contract. In establishing the terms of monito ring, the 1041
consultant may consider the recommendations of one or more 1042
approved evaluators, treatment programs, or treatment providers. 1043
A consultant may modify the terms of monitoring if the 1044
consultant concludes, through the course of monitoring, that 1045
extended, additional, or amended terms of monitoring are 1046
required for the protection of the health, safety, and welfare 1047
of the public. If the impaired practitioner is an audiologist or 1048
a speech-language pathologist practicing under the Audiology and 1049
Speech-Language Pathology Interstate Compact pursuant to s. 1050
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468.1335, an occupational therapist or occupational therapy 1051
assistant holding a compact privilege under the Occupational 1052
Therapy Licensure Compact pursuant to s. 468.226, a physical 1053
therapist or physical ther apist assistant practicing under the 1054
Physical Therapy Licensure Compact pursuant to s. 486.112, a 1055
psychologist practicing under the Psychology Interjurisdictional 1056
Compact pursuant to s. 490.0075, or a health care practitioner 1057
practicing under the Professio nal Counselors Licensure Compact 1058
pursuant to s. 491.017, the terms of the monitoring contract 1059
must include the impaired practitioner's withdrawal from all 1060
practice under the compact unless authorized by a member state. 1061
Section 4. Subsection (6) is adde d to section 468.205, 1062
Florida Statutes, to read: 1063
468.205 Board of Occupational Therapy Practice. — 1064
(6) The board shall appoint an individual to serve as the 1065
state's delegate on the Occupational Therapy Compact Commission 1066
pursuant to s. 468.226. 1067
Section 5. Subsection (6) is added to section 468.209, 1068
Florida Statutes, to read: 1069
468.209 Requirements for licensure. — 1070
(6) A person licensed as an occupational therapist in 1071
another state who is practicing under the Occupational Therapy 1072
Licensure Compact un der s. 468.226, and only within the scope 1073
provided therein, is exempt from the licensure requirements of 1074
this section. 1075
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Section 6. Subsections (1) and (2) of section 468.217, 1076
Florida Statutes, are amended to read: 1077
468.217 Denial of or refusal to renew license; suspension 1078
and revocation of license and other disciplinary measures. — 1079
(1) The following acts constitute grounds for denial of a 1080
license or disciplinary action, as specified in s. 456.072(2) or 1081
s. 468.226: 1082
(a) Attempting to obtain, obtaining, or renewing a license 1083
to practice occupational therapy by bribery, by fraudulent 1084
misrepresentation, or through an error of the department or the 1085
board. 1086
(b) Having a license to practice occupational therapy 1087
revoked, suspended, or otherwise acted against, including the 1088
denial of licensure, by the licensing authority of another 1089
state, territory, or country. 1090
(c) Being convicted or found guilty, regardless of 1091
adjudication, of a crime in any jurisdiction which directly 1092
relates to the practice of occupational therapy or to the 1093
ability to practice occupational therapy. A plea of nolo 1094
contendere shall be considered a conviction for the purposes of 1095
this part. 1096
(d) False, deceptive, or misleading advertising. 1097
(e) Advertising, practicing, or attempting to practi ce 1098
under a name other than one's own name. 1099
(f) Failing to report to the department any person who the 1100
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licensee knows is in violation of this part or of the rules of 1101
the department or of the board. However, a person who the 1102
licensee knows is unable to pra ctice occupational therapy with 1103
reasonable skill and safety to patients by reason of illness or 1104
use of alcohol, drugs, narcotics, chemicals, or any other type 1105
of material, or as a result of a mental or physical condition, 1106
may be reported to a consultant op erating an impaired 1107
practitioner program as described in s. 456.076 rather than to 1108
the department. 1109
(g) Aiding, assisting, procuring, or advising any 1110
unlicensed person to practice occupational therapy contrary to 1111
this part or to a rule of the department o r the board. 1112
(h) Failing to perform any statutory or legal obligation 1113
placed upon a licensed occupational therapist or occupational 1114
therapy assistant. 1115
(i) Making or filing a report which the licensee knows to 1116
be false, intentionally or negligently fail ing to file a report 1117
or record required by state or federal law, willfully impeding 1118
or obstructing such filing or inducing another person to do so. 1119
Such reports or records include only those which are signed in 1120
the capacity as a licensed occupational thera pist or 1121
occupational therapy assistant. 1122
(j) Paying or receiving any commission, bonus, kickback, 1123
or rebate to or from, or engaging in any split -fee arrangement 1124
in any form whatsoever with, a physician, organization, agency, 1125
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or person, either directly or indirectly, for patients referred 1126
to providers of health care goods and services, including, but 1127
not limited to, hospitals, nursing homes, clinical laboratories, 1128
ambulatory surgical centers, or pharmacies. The provisions of 1129
this paragraph shall not be cons trued to prevent an occupational 1130
therapist or occupational therapy assistant from receiving a fee 1131
for professional consultation services. 1132
(k) Exercising influence within a patient -therapist 1133
relationship for purposes of engaging a patient in sexual 1134
activity. A patient is presumed to be incapable of giving free, 1135
full, and informed consent to sexual activity with the patient's 1136
occupational therapist or occupational therapy assistant. 1137
(l) Making deceptive, untrue, or fraudulent 1138
representations in the practi ce of occupational therapy or 1139
employing a trick or scheme in the practice of occupational 1140
therapy if such scheme or trick fails to conform to the 1141
generally prevailing standards of treatment in the occupational 1142
therapy community. 1143
(m) Soliciting patients, either personally or through an 1144
agent, through the use of fraud, intimidation, undue influence, 1145
or a form of overreaching or vexatious conduct. A "solicitation" 1146
is any communication which directly or implicitly requests an 1147
immediate oral response from the recipient. 1148
(n) Failing to keep written records justifying the course 1149
of treatment of the patient, including, but not limited to, 1150
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patient histories, examination results, and test results. 1151
(o) Exercising influence on the patient or client in such 1152
a manner as to exploit the patient or client for financial gain 1153
of the licensee or of a third party which includes, but is not 1154
limited to, the promoting or selling of services, goods, 1155
appliances, or drugs. 1156
(p) Performing professional services which have not bee n 1157
duly authorized by the patient or client, or his or her legal 1158
representative, except as provided in s. 768.13. 1159
(q) Gross or repeated malpractice or the failure to 1160
practice occupational therapy with that level of care, skill, 1161
and treatment which is reco gnized by a reasonably prudent 1162
similar occupational therapist or occupational therapy assistant 1163
as being acceptable under similar conditions and circumstances. 1164
(r) Performing any procedure which, by the prevailing 1165
standards of occupational therapy practi ce in the community, 1166
would constitute experimentation on a human subject without 1167
first obtaining full, informed, and written consent. 1168
(s) Practicing or offering to practice beyond the scope 1169
permitted by law or accepting and performing professional 1170
responsibilities which the licensee knows or has reason to know 1171
that he or she is not competent to perform. 1172
(t) Being unable to practice occupational therapy with 1173
reasonable skill and safety to patients by reason of illness or 1174
use of alcohol, drugs, narc otics, chemicals, or any other type 1175
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of material or as a result of any mental or physical condition. 1176
In enforcing this paragraph, the department shall have, upon 1177
probable cause, authority to compel an occupational therapist or 1178
occupational therapy assistant to submit to a mental or physical 1179
examination by physicians designated by the department. The 1180
failure of an occupational therapist or occupational therapy 1181
assistant to submit to such examination when so directed 1182
constitutes an admission of the allegations against him or her, 1183
upon which a default and final order may be entered without the 1184
taking of testimony or presentation of evidence, unless the 1185
failure was due to circumstances beyond his or her control. An 1186
occupational therapist or occupational therapy a ssistant 1187
affected under this paragraph shall at reasonable intervals be 1188
afforded an opportunity to demonstrate that he or she can resume 1189
the competent practice of occupational therapy with reasonable 1190
skill and safety to patients. In any proceeding under th is 1191
paragraph, neither the record of proceedings nor the orders 1192
entered by the board shall be used against an occupational 1193
therapist or occupational therapy assistant in any other 1194
proceeding. 1195
(u) Delegating professional responsibilities to a person 1196
when the licensee who is delegating such responsibilities knows 1197
or has reason to know that such person is not qualified by 1198
training, experience, or licensure to perform them. 1199
(v) Violating a lawful order of the board or department 1200
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previously entered in a disci plinary hearing or failing to 1201
comply with a lawfully issued subpoena of the department. 1202
(w) Conspiring with another licensee or with any other 1203
person to commit an act, or committing an act, which would tend 1204
to coerce, intimidate, or preclude another lice nsee from 1205
lawfully advertising his or her services. 1206
(x) Violating any provision of this chapter or chapter 1207
456, or any rules adopted pursuant thereto. 1208
(2)(a) The board may enter an order denying licensure or 1209
imposing any of the penalties in s. 456.072(2 ) against any 1210
applicant for licensure or licensee who is found guilty of 1211
violating any provision of subsection (1) of this section or who 1212
is found guilty of violating any provision of s. 456.072(1). 1213
(b) The board may take adverse action against the compa ct 1214
privilege of an occupational therapist or occupational therapy 1215
assistant under s. 468.226 and may impose any of the penalties 1216
in s. 456.072(2) if an occupational therapist or occupational 1217
therapy assistant commits an act specified in subsection (1) or 1218
s. 456.072(1). 1219
Section 7. Paragraph (m) is added to subsection (10) of 1220
section 768.28, Florida Statutes, is to read: 1221
768.28 Waiver of sovereign immunity in tort actions; 1222
recovery limits; civil liability for damages caused during a 1223
riot; limitation on attorney fees; statute of limitations; 1224
exclusions; indemnification; risk management programs. — 1225
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(10) 1226
(m) For purposes of this section, the individual appointed 1227
under s. 468.226 as the state's delegate on the Occupational 1228
Therapy Compact Commission, when serving in that capacity under 1229
s. 468.226, and any administrator, officer, executive director, 1230
employee, or representative of the Occupational Therapy Compact 1231
Commission, when acting within the scope of his or her 1232
employment, duties, or responsibilities in this state, is 1233
considered an agent of the state. The commission shall pay any 1234
claims or judgments pursuant to this section and may maintain 1235
insurance coverage to pay any such claims or judgments. 1236
Section 8. This act shall take effect July 1, 2025. 1237