Florida Senate - 2025 SB 1010 By Senator Calatayud 38-00588-25 20251010__ 1 A bill to be entitled 2 An act relating to the Occupational Therapy Licensure 3 Compact; creating s. 468.226, F.S.; creating the 4 Occupational Therapy Licensure Compact; providing a 5 purpose and objectives of the compact; defining terms; 6 specifying requirements for state participation in the 7 compact; authorizing member states to obtain 8 biometric-based information from and conduct criminal 9 background checks on licensees applying for a compact 10 privilege; requiring member states to grant the 11 compact privilege to licensees if they meet specified 12 criteria; specifying criteria licensees must meet to 13 exercise the compact privilege under the compact; 14 providing for the expiration of the compact privilege; 15 requiring licensees practicing in a remote state under 16 the compact privilege to comply with the laws and 17 rules of that state; subjecting licensees to the 18 regulatory authority of remote states where they 19 practice under the compact privilege; providing for 20 disciplinary action; specifying circumstances under 21 which licensees are ineligible for a compact 22 privilege; specifying conditions that a licensee must 23 meet to regain his or her compact privilege after an 24 adverse action; specifying locations active duty 25 military personnel and their spouses may use to 26 designate their home state for purposes of the 27 compact; providing that only a home state may impose 28 adverse action against a license issued by that state; 29 authorizing home states to take adverse action based 30 on investigative information of a remote state, 31 subject to certain requirements; directing member 32 states that use alternative programs in lieu of 33 discipline to require the licensee to agree not to 34 practice in other member states while participating in 35 the program, unless authorized by the member state; 36 authorizing member states to investigate violations by 37 licensees in other member states; authorizing member 38 states to take adverse action against compact 39 privileges issued in their respective states; 40 authorizing remote states to issue subpoenas for 41 hearings and investigations; requiring the issuing 42 remote state to pay related fees and expenses; 43 authorizing remote states to recover costs under 44 certain circumstances; providing for joint 45 investigations of licensees under the compact; 46 establishing the Occupational Therapy Compact 47 Commission; providing for the venue and jurisdiction 48 for court proceedings by or against the commission; 49 providing construction; providing for commission 50 membership, voting, and meetings; authorizing the 51 commission to convene closed, nonpublic meetings under 52 certain circumstances; specifying duties and powers of 53 the commission; providing for membership and duties of 54 the executive board of the commission; providing for 55 financing of the commission; providing for qualified 56 immunity, defense, and indemnification of the 57 commission; requiring the commission to develop and 58 maintain a coordinated database and reporting system 59 for certain information about licensees under the 60 compact; requiring member states to submit specified 61 information to the system; requiring that information 62 contained in the system be available only to member 63 states; requiring the commission to notify all member 64 states promptly of reported adverse action taken 65 against licensees or applicants for licensure; 66 authorizing member states to designate reported 67 information as exempt from public disclosure; 68 providing for the removal of submitted information 69 from the system under certain circumstances; providing 70 for commission rulemaking; specifying public notice 71 and hearing requirements for rulemaking; providing for 72 emergency rulemaking; providing for state enforcement 73 of the compact; providing for the default and 74 termination of compact membership; providing for 75 appeals and costs; providing procedures for the 76 resolution of certain disputes; providing for 77 enforcement against a defaulting state; providing 78 construction; providing for implementation and 79 administration of the compact and associated rules; 80 providing that compact states that join after initial 81 adoption of the commissions rules are subject to such 82 rules; specifying procedures for compact states to 83 withdraw from the compact; providing construction; 84 providing for amendment of the compact; providing 85 construction and severability; amending s. 456.073, 86 F.S.; requiring the Department of Health to report 87 certain investigative information to the data system 88 under the Occupational Therapy Licensure Compact; 89 amending s. 456.076, F.S.; requiring monitoring 90 contracts for certain impaired practitioners 91 participating in treatment programs to contain 92 specified terms; amending s. 468.205, F.S.; requiring 93 the Board of Occupational Therapy Practice to appoint 94 an individual to serve as the states delegate on the 95 Occupational Therapy Compact Commission; amending ss. 96 468.207 and 468.209, F.S.; exempting occupational 97 therapists and occupational therapy assistants from 98 licensure requirements if they are practicing in this 99 state pursuant to a compact privilege under the 100 compact; amending s. 468.1755, F.S.; authorizing the 101 board to take adverse action against the compact 102 privilege of occupational therapists and occupational 103 therapy assistants for specified prohibited acts; 104 amending s. 768.28, F.S.; designating the state 105 delegate and other members or employees of the 106 commission as state agents for the purpose of applying 107 sovereign immunity and waivers of sovereign immunity; 108 requiring the commission to pay certain claims or 109 judgments; authorizing the commission to maintain 110 insurance coverage to pay such claims or judgments; 111 providing an effective date. 112 113 Be It Enacted by the Legislature of the State of Florida: 114 115 Section 1.Section 468.226, Florida Statutes, is created to 116 read: 117 468.226Occupational Therapy Licensure Compact.The 118 Occupational Therapy Licensure Compact is hereby enacted into 119 law and entered into by this state with all other jurisdictions 120 legally joining therein in the form substantially as follows: 121 122 ARTICLE I 123 PURPOSE AND OBJECTIVES 124 125 (1)The purpose of the compact is to facilitate interstate 126 practice of occupational therapy with the goal of improving 127 public access to occupational therapy services. The compact 128 preserves the regulatory authority of member states to protect 129 public health and safety through their current systems of state 130 licensure. For purposes of state regulation under the compact, 131 the practice of occupational therapy is deemed to have occurred 132 in the state where the patient is located at the time 133 occupational therapy is provided to the patient. 134 (2)The compact is designed to achieve all of the following 135 objectives: 136 (a)Increase public access to occupational therapy services 137 by providing for the mutual recognition of other member state 138 licenses. 139 (b)Enhance member states ability to protect the publics 140 health and safety. 141 (c)Encourage the cooperation of member states in 142 regulating multistate occupational therapy practice. 143 (d)Support spouses of relocating military members. 144 (e)Enhance the exchange of licensure, investigative, and 145 disciplinary information between member states. 146 (f)Allow a remote state to hold a provider of services 147 with a compact privilege in that state accountable to that 148 states practice standards. 149 150 ARTICLE II 151 DEFINITIONS 152 153 As used in the compact, and except as otherwise provided, 154 the term: 155 (1)Active duty military means full-time duty status in 156 the active uniformed service of the United States, including 157 members of the National Guard and Reserve on active duty orders 158 pursuant to 10 U.S.C. chapter 1209 and chapter 1211. 159 (2)Adverse action means disciplinary action taken by an 160 occupational therapy licensing board based upon misconduct, 161 unacceptable performance, or a combination of both. 162 (3)Alternative program means a nondisciplinary 163 monitoring or practice remediation process approved by a states 164 occupational therapy licensing board. The term includes, but is 165 not limited to, programs that address substance abuse issues. 166 (4)Compact privilege means the authorization granted by 167 a remote state to allow a licensee from another member state to 168 practice as an occupational therapist or occupational therapy 169 assistant in the remote state under its laws and rules. 170 (5)Continuing competence means a requirement, as a 171 condition of license renewal, to provide evidence of 172 participation in, and completion of, educational and 173 professional activities relevant to the practice of occupational 174 therapy. 175 (6)Data system means the coordinated database and 176 reporting system created by the Occupational Therapy Compact 177 Commission for the exchange of information between member states 178 relating to licensees or applicants under the compact, including 179 personal identifying information, licensure data, investigative 180 information, adverse actions, nonconfidential information 181 related to alternative program participation, any denial of an 182 application for licensure, and other information as specified by 183 commission rule. 184 (7)Encumbered license means a license that an 185 occupational therapy licensing board has limited in any way. 186 (8)Executive board means a group of directors elected or 187 appointed to act on behalf of, and within the powers granted to 188 them by, the commission. 189 (9)Home state means the member state that is the 190 licensees primary state of residence. 191 (10)Investigative information means information, 192 records, and documents received or generated by an occupational 193 therapy licensing board pursuant to an investigation. 194 (11)Jurisprudence requirement means the assessment of an 195 individuals knowledge of the laws and rules governing the 196 practice of occupational therapy in a specific state. 197 (12)Licensee means an individual who currently holds an 198 authorization from a state to practice as an occupational 199 therapist or occupational therapy assistant. 200 (13)Member state means a state that has enacted the 201 compact. 202 (14)Occupational therapist means an individual licensed 203 by a state to practice occupational therapy. 204 (15)Occupational therapy or the practice of 205 occupational therapy means the care and services provided by or 206 under the direction and supervision of a licensed occupational 207 therapist. 208 (16)Occupational therapy assistant means an individual 209 licensed by a state to assist an occupational therapist in 210 specified areas of occupational therapy. 211 (17)Occupational Therapy Compact Commission or 212 commission means the national administrative body whose 213 membership consists of all states that have enacted the compact. 214 (18)Occupational therapy licensing board means the 215 agency of a state which is responsible for the licensing and 216 regulation of occupational therapists and occupational therapy 217 assistants. 218 (19)Remote state means a member state other than the 219 home state where a licensee is exercising or seeking to exercise 220 the compact privilege. 221 (20)Rule means a regulation, principle, or directive 222 adopted by the commission which has the force of law. 223 (21)State means any state, commonwealth, district, or 224 territory of the United States of America which regulates the 225 practice of occupational therapy. 226 227 ARTICLE III 228 STATE PARTICIPATION IN THE COMPACT 229 230 (1)To participate in the compact, a state must do all of 231 the following: 232 (a)Participate fully in the commissions data system, 233 including using the commissions unique identifier, as defined 234 by commission rule. 235 (b)Have a mechanism in place for receiving and 236 investigating complaints about licensees. 237 (c)Notify the commission, in accordance with the terms of 238 the compact and rules, of any adverse action or the availability 239 of any investigative information regarding a licensee. 240 (d)Fully implement a criminal background check 241 requirement, within a timeframe established by commission rule, 242 which uses results from the Federal Bureau of Investigation 243 record search on criminal background checks to make licensure 244 decisions in accordance with subsection (2). 245 (e)Comply with the commissions rules. 246 (f)Use a recognized national examination as a requirement 247 for licensure pursuant to the commissions rules. 248 (g)Have continuing competence requirements as a condition 249 for license renewal. 250 (2)Upon adoption of the compact, a member state has the 251 authority to obtain biometric-based information from each 252 licensee applying for a compact privilege and submit this 253 information to the Federal Bureau of Investigation for a 254 criminal background check in accordance with 28 U.S.C. s. 534 255 and 34 U.S.C. s. 40316. 256 (3)A member state must grant the compact privilege to a 257 licensee holding a valid unencumbered license in another member 258 state in accordance with the terms of the compact and rules. 259 260 ARTICLE IV 261 COMPACT PRIVILEGE 262 263 (1)To exercise the compact privilege under the compact, a 264 licensee must satisfy all of the following conditions: 265 (a)Hold a license to practice occupational therapy in the 266 home state. 267 (b)Not have an encumbrance on any state license. 268 (c)Be eligible for a compact privilege in all member 269 states in accordance with subsections (4), (7), and (8). 270 (d)Not have had an adverse action against any license or 271 compact privilege within the preceding 2 years. 272 (e)Notify the commission that the licensee is seeking the 273 compact privilege within a remote state. 274 (f)Meet any jurisprudence requirements established by the 275 remote state in which the licensee is seeking a compact 276 privilege. 277 (g)Report to the commission any adverse action taken by a 278 nonmember state within 30 days after the date the adverse action 279 is taken. 280 (2)The compact privilege is valid until the expiration 281 date of the home license. The licensee must continue to meet the 282 requirements of subsection (1) to maintain the compact privilege 283 in a remote state. 284 (3)A licensee providing occupational therapy in a remote 285 state under the compact privilege must comply with the laws and 286 rules of the remote state. 287 (4)A licensee providing occupational therapy in a remote 288 state is subject to that states regulatory authority. A remote 289 state may, in accordance with due process and that states laws, 290 remove a licensees compact privilege in the remote state for a 291 specific period of time, impose fines, and take any other 292 necessary actions to protect the health and safety of its 293 residents. The licensee is not eligible for a compact privilege 294 in any member state until the specific period of time for 295 removal has ended and all fines are paid. 296 (5)If a home state license is encumbered, the licensee 297 loses the compact privilege in all remote states until both of 298 the following conditions are met: 299 (a)The home state license is no longer encumbered. 300 (b)Two years have elapsed from the date of the adverse 301 action. 302 (6)Once an encumbered license in the home state is 303 restored to good standing, the licensee must meet the 304 requirements of subsection (1) to obtain a compact privilege in 305 any remote state. 306 (7)If a licensees compact privilege in any remote state 307 is removed, the licensee loses the compact privilege in all 308 remote states until all of the following conditions are met: 309 (a)The specific period of time for which the compact 310 privilege was removed has ended. 311 (b)All fines have been paid. 312 (c)Two years have elapsed from the date of the adverse 313 action. 314 (8)Once the requirements of subsection (7) have been met, 315 the licensee must meet the requirements of subsection (1) to 316 obtain a compact privilege in a remote state. 317 318 ARTICLE V 319 ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES 320 321 A licensee who is active duty military or is the spouse of 322 an individual who is active duty military may choose any of the 323 following locations to designate as his or her home state: 324 (1)Home of record. 325 (2)Permanent change of station location. 326 (3)State of current residence, if it is different from the 327 home of record or permanent change of station location. 328 329 ARTICLE VI 330 ADVERSE ACTIONS 331 332 (1)A home state has exclusive power to impose adverse 333 action against a license issued by the home state. 334 (2)A home state may take adverse action based on the 335 investigative information of a remote state, so long as the home 336 state follows its own procedures for imposing adverse action. 337 (3)The compact does not override a member states decision 338 that participation in an alternative program may be used in lieu 339 of adverse action and that such participation remain nonpublic 340 if required by the member states laws. Member states must 341 require licensees who enter any alternative program in lieu of 342 discipline to agree not to practice in any other member state 343 during the term of the alternative program without prior 344 authorization from such other member state. 345 (4)A member state may investigate actual or alleged 346 violations of the laws and rules for the practice of 347 occupational therapy committed in any other member state by an 348 occupational therapist or occupational therapy assistant 349 practicing under the compact who holds a license or compact 350 privilege in such other member state. 351 (5)A remote state may do any of the following: 352 (a)Take adverse actions as set forth in subsection (4) of 353 Article IV against a licensees compact privilege in the state. 354 (b)Issue subpoenas for both hearings and investigations 355 which require the attendance and testimony of witnesses and the 356 production of evidence. Subpoenas issued by an occupational 357 therapy licensing board in a member state for the attendance and 358 testimony of witnesses or for the production of evidence from 359 another member state must be enforced in the latter state by any 360 court of competent jurisdiction, according to the practice and 361 procedure of that court applicable to subpoenas issued in 362 proceedings pending before it. The issuing authority shall pay 363 any witness fees, travel expenses, mileage, and other fees 364 required by the service laws of the state where the witnesses or 365 evidence is located. 366 (c)If otherwise permitted by state law, recover from the 367 licensee the costs of investigations and disposition of cases 368 resulting from any adverse action taken against that licensee. 369 (6)(a)In addition to the authority granted to a member 370 state by its respective occupational therapy practice act or 371 other applicable state law, a member state may participate with 372 other member states in joint investigations of licensees. 373 (b)Member states shall share all investigative, 374 litigation, or compliance materials in furtherance of any joint 375 or individual investigation initiated under the compact. 376 377 ARTICLE VII 378 ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT COMMISSION 379 380 (1)COMMISSION CREATED.The member states hereby create and 381 establish a joint public agency known as the Occupational 382 Therapy Compact Commission: 383 (a)The commission is an instrumentality of the member 384 states. 385 (b)Venue is proper, and judicial proceedings by or against 386 the commission must be brought solely and exclusively, in a 387 court of competent jurisdiction where the principal office of 388 the commission is located. The commission may waive venue and 389 jurisdictional defenses to the extent it adopts or consents to 390 participate in alternative dispute resolution proceedings. 391 (c)The compact may not be construed to be a waiver of 392 sovereign immunity. 393 (2)MEMBERSHIP, VOTING, AND MEETINGS. 394 (a)Each member state has and is limited to one delegate 395 selected by that member states occupational therapy licensing 396 board to serve on the commission. The delegate must be a current 397 member of the occupational therapy licensing board who is an 398 occupational therapist, an occupational therapy assistant, a 399 public member, or the board administrator. 400 (b)A delegate may be removed or suspended from office as 401 provided by the law of the state from which the delegate is 402 appointed. Any vacancy occurring on the commission must be 403 filled by the occupational therapy licensing board of the member 404 state for which the vacancy exists. 405 (c)Each delegate is entitled to one vote with regard to 406 the adoption of rules and bylaws and must otherwise have an 407 opportunity to participate in the business and affairs of the 408 commission. 409 (d)A delegate shall vote in person or by such other means 410 as provided in the bylaws. The bylaws may provide for delegates 411 participation in meetings by telephone or other means of 412 communication. 413 (e)The commission shall meet at least once during each 414 calendar year. Additional meetings may be held as set forth in 415 the bylaws. 416 (f)All meetings must be open to the public, and public 417 notice of meetings must be given in the same manner as required 418 under the rulemaking provisions in Article IX. 419 (g)The commission or the executive board or other 420 committees of the commission may convene in a closed, nonpublic 421 meeting if the commission or executive board or other committees 422 of the commission must discuss any of the following: 423 1.Noncompliance of a member state with its obligations 424 under the compact. 425 2.The employment, compensation, or discipline of, or other 426 matters, practices, or procedures related to, specific employees 427 or other matters related to the commissions internal personnel 428 practices and procedures. 429 3.Current, threatened, or reasonably anticipated 430 litigation against the commission, executive board, or other 431 committees of the commission. 432 4.Negotiation of contracts for the purchase, lease, or 433 sale of goods, services, or real estate. 434 5.An accusation of any person of a crime or a formal 435 censure of any person. 436 6.Information disclosing trade secrets or commercial or 437 financial information that is privileged or confidential. 438 7.Information of a personal nature where disclosure would 439 constitute a clearly unwarranted invasion of personal privacy. 440 8.Investigatory records compiled for law enforcement 441 purposes. 442 9.Information related to any investigative report prepared 443 by or on behalf of or for use of the commission or other 444 committees charged with responsibility for investigation or 445 determination of compliance issues pursuant to the compact. 446 10.Matters specifically exempted from disclosure by 447 federal or member state statute. 448 (h)If a meeting, or portion of a meeting, is closed 449 pursuant to this subsection, the commissions legal counsel or 450 designee must certify that the meeting may be closed and must 451 reference each relevant exempting provision. 452 (i)The commission shall keep minutes that fully and 453 clearly describe all matters discussed in a meeting and shall 454 provide a full and accurate summary of actions taken and the 455 reasons therefor, including a description of the views 456 expressed. All documents considered in connection with an action 457 must be identified in the minutes. All minutes and documents of 458 a closed meeting must remain under seal, subject to release only 459 by a majority vote of the commission or order of a court of 460 competent jurisdiction. 461 (3)DUTIES.The commission shall do all of the following: 462 (a)Establish the fiscal year of the commission. 463 (b)Establish bylaws. 464 (c)Maintain its financial records in accordance with the 465 bylaws. 466 (d)Meet and take such actions as are consistent with the 467 provisions of the compact and the bylaws. 468 (4)POWERS.The commission may do any of the following: 469 (a)Adopt uniform rules to facilitate and coordinate 470 implementation and administration of the compact. The rules have 471 the force and effect of law and are binding in all member 472 states. 473 (b)Bring and prosecute legal proceedings or actions in the 474 name of the commission, provided that the standing of any state 475 occupational therapy licensing board to sue or be sued under 476 applicable law is not affected. 477 (c)Purchase and maintain insurance and bonds. 478 (d)Borrow, accept, or contract for services of personnel, 479 including, but not limited to, employees of a member state. 480 (e)Hire employees and elect or appoint officers; fix the 481 compensation of, define the duties of, and grant appropriate 482 authority to such individuals to carry out the purposes of the 483 compact; and establish the commissions personnel policies and 484 programs relating to conflicts of interest, qualifications of 485 personnel, and other related personnel matters. 486 (f)Accept any appropriate donations and grants of money, 487 equipment, supplies, materials, and services and receive, use, 488 and dispose of the same, provided that at all times the 489 commission avoids any appearance of impropriety or conflict of 490 interest. 491 (g)Lease, purchase, accept appropriate gifts or donations 492 of, or otherwise own, hold, improve, or use any property, real, 493 personal, or mixed, provided that at all times the commission 494 avoids any appearance of impropriety or conflict of interest. 495 (h)Sell, convey, mortgage, pledge, lease, exchange, 496 abandon, or otherwise dispose of any property, real, personal, 497 or mixed. 498 (i)Establish a budget and make expenditures. 499 (j)Borrow money. 500 (k)Appoint committees, including standing committees 501 composed of members, state regulators, state legislators or 502 their representatives, consumer representatives, and such other 503 interested persons as may be designated in the compact and the 504 bylaws. 505 (l)Provide information to, receive information from, and 506 cooperate with law enforcement agencies. 507 (m)Establish and elect an executive board. 508 (n)Perform such other functions as may be necessary or 509 appropriate to achieve the purposes of the compact consistent 510 with the state regulation of occupational therapy licensure and 511 practice. 512 (5)THE EXECUTIVE BOARD. 513 (a)The executive board may act on behalf of the commission 514 according to the terms of the compact. 515 (b)The executive board shall be composed of the following 516 nine members: 517 1.Seven voting members who are elected by the commission 518 from the current membership of the commission. 519 2.One ex officio, nonvoting member from the recognized 520 national occupational therapy professional association. 521 3.One ex officio, nonvoting member from the recognized 522 membership organization of the occupational therapy licensing 523 boards. 524 (c)The ex officio members shall be selected by their 525 respective organizations. 526 (d)The commission may remove any member of the executive 527 board as provided in its bylaws. 528 (e)The executive board shall meet at least annually. 529 (f)The executive board shall do all of the following: 530 1.Recommend to the entire commission changes to the rules 531 or bylaws, compact legislation, fees paid by compact member 532 states, such as annual dues, and any commission compact fee 533 charged to licensees for the compact privilege. 534 2.Ensure compact administration services are appropriately 535 provided, contractually or otherwise. 536 3.Prepare and recommend the budget. 537 4.Maintain financial records on behalf of the commission. 538 5.Monitor compact compliance of member states and provide 539 compliance reports to the commission. 540 6.Establish additional committees as necessary. 541 7.Perform other duties as provided in the rules or bylaws. 542 (6)FINANCING OF THE COMMISSION. 543 (a)The commission shall pay, or provide for the payment 544 of, the reasonable expenses of its establishment, organization, 545 and ongoing activities. 546 (b)The commission may accept any appropriate revenue 547 sources, donations, and grants of money, equipment, supplies, 548 materials, and services. 549 (c)The commission may levy and collect an annual 550 assessment from each member state or impose fees on other 551 parties to cover the cost of the operations and activities of 552 the commission and its staff. Such assessments and fees must 553 total to an amount sufficient to cover the commissions annual 554 budget as approved each year for which revenue is not provided 555 by other sources. The aggregate annual assessment amount must be 556 allocated based upon a formula to be determined by the 557 commission, which shall adopt a rule binding upon all member 558 states. 559 (d)The commission may not incur obligations of any kind 560 before securing the funds adequate to meet such obligations; nor 561 may the commission pledge the credit of any member state, except 562 by and with the authority of the member state. 563 (e)The commission shall keep accurate accounts of all 564 receipts and disbursements. The receipts and disbursements of 565 the commission are subject to the audit and accounting 566 procedures established under its bylaws. However, all receipts 567 and disbursements of funds handled by the commission must be 568 audited yearly by a certified or licensed public accountant, and 569 the report of the audit must be included in and become part of 570 the annual report of the commission. 571 (7)QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION. 572 (a)The members, officers, executive director, employees, 573 and representatives of the commission are immune from suit and 574 liability, whether personally or in their official capacity, for 575 any claim for damage to or loss of property or personal injury 576 or other civil liability caused by or arising out of any actual 577 or alleged act, error, or omission that occurred, or that the 578 person against whom the claim is made had a reasonable basis for 579 believing occurred, within the scope of commission employment, 580 duties, or responsibilities. However, this paragraph may not be 581 construed to protect any such person from suit or liability for 582 any damage, loss, injury, or liability caused by the 583 intentional, willful, or wanton misconduct of that person. 584 (b)The commission shall defend any member, officer, 585 executive director, employee, or representative of the 586 commission in any civil action seeking to impose liability 587 arising out of any actual or alleged act, error, or omission 588 that occurred within the scope of commission employment, duties, 589 or responsibilities, or that the person against whom the claim 590 is made had a reasonable basis for believing occurred within the 591 scope of commission employment, duties, or responsibilities. 592 However, this paragraph may not be construed to prohibit any 593 member, officer, executive director, employee, or representative 594 of the commission from retaining his or her own counsel or to 595 require the commission to defend such person if the actual or 596 alleged act, error, or omission resulted from that persons 597 intentional, willful, or wanton misconduct. 598 (c)The commission shall indemnify and hold harmless any 599 member, officer, executive director, employee, or representative 600 of the commission for the amount of any settlement or judgment 601 obtained against that person arising out of any actual or 602 alleged act, error, or omission that occurred within the scope 603 of commission employment, duties, or responsibilities, or that 604 such person had a reasonable basis for believing occurred within 605 the scope of commission employment, duties, or responsibilities, 606 provided that the actual or alleged act, error, or omission did 607 not result from the intentional, willful, or wanton misconduct 608 of that person. 609 610 ARTICLE VIII 611 DATA SYSTEM 612 613 (1)The commission shall provide for the development, 614 maintenance, and use of a coordinated database and reporting 615 system containing licensure, adverse action, and investigative 616 information on all licensed individuals in member states. 617 (2)Notwithstanding any other provision of state law to the 618 contrary, a member state shall submit a uniform data set to the 619 data system on all individuals to whom the compact is applicable 620 as required by the rules of the commission, which data set must 621 include all of the following: 622 (a)Personal identifying information. 623 (b)Licensure data. 624 (c)Adverse actions against a license or compact privilege. 625 (d)Nonconfidential information related to alternative 626 program participation. 627 (e)Any denial of application for licensure and the reason 628 for such denial. 629 (f)Other information that may facilitate the 630 administration of the compact, as determined by the rules of the 631 commission. 632 (3)Investigative information in the system pertaining to a 633 licensee in any member state must be available only to other 634 member states. 635 (4)The commission shall promptly notify all member states 636 of any adverse action taken against a license or an individual 637 applying for a license in a member state. Adverse action 638 information pertaining to a licensee in any member state must be 639 available to all other member states. 640 (5)Member states contributing information to the data 641 system may designate information that may not be shared with the 642 public without the express permission of the contributing state. 643 (6)Any information submitted to the data system which is 644 subsequently required to be expunged by the laws of the member 645 state contributing the information must be removed from the data 646 system. 647 648 ARTICLE IX 649 RULEMAKING 650 651 (1)The commission shall exercise its rulemaking powers 652 pursuant to the criteria set forth in this article and the rules 653 adopted thereunder. Rules and amendments become binding as of 654 the date specified in each rule or amendment. 655 (2)If a majority of the legislatures of the member states 656 rejects a rule by enactment of a statute or resolution in the 657 same manner used to adopt the compact within 4 years after the 658 date of adoption of the rule, such rule does not have further 659 force and effect in any member state. 660 (3)Rules or amendments to the rules must be adopted at a 661 regular or special meeting of the commission. 662 (4)Before adoption of a final rule by the commission, and 663 at least 30 days before the meeting at which the rule will be 664 considered and voted upon, the commission must file a notice of 665 proposed rulemaking on all of the following: 666 (a)The website of the commission or another publicly 667 accessible platform. 668 (b)The website of each member states occupational therapy 669 licensing board or another publicly accessible platform or the 670 publication in which each state would otherwise publish proposed 671 rules. 672 (5)The notice of proposed rulemaking must include all of 673 the following: 674 (a)The proposed date, time, and location of the meeting in 675 which the rule or amendment will be considered and voted upon. 676 (b)The text of the proposed rule or amendment and the 677 reason for the proposed rule. 678 (c)A request for comments on the proposed rule or 679 amendment from any interested person. 680 (d)The manner in which interested persons may submit 681 notice to the commission of their intention to attend the public 682 hearing and any written comments. 683 (6)Before adoption of a proposed rule or amendment, the 684 commission must allow persons to submit written data, facts, 685 opinions, and arguments, which must be made available to the 686 public. 687 (7)The commission must grant an opportunity for a public 688 hearing before it adopts a rule or an amendment if a hearing is 689 requested by any of the following: 690 (a)At least 25 persons. 691 (b)A state or federal governmental subdivision or agency. 692 (c)An association having at least 25 members. 693 (8)If a scheduled public hearing is held on the proposed 694 rule or amendment, the commission must publish the date, time, 695 and location of the hearing. If the hearing is held through 696 electronic means, the commission must publish the mechanism for 697 access to the electronic hearing. 698 (a)All persons wishing to be heard at the hearing must 699 notify the executive director of the commission or another 700 designated member in writing of their desire to appear and 701 testify at the hearing at least 5 business days before the 702 scheduled date of the hearing. 703 (b)Hearings must be conducted in a manner providing each 704 person who wishes to comment a fair and reasonable opportunity 705 to comment orally or in writing. 706 (c)All hearings must be recorded. A copy of the recording 707 must be made available on request. 708 (d)This article may not be construed to require a separate 709 hearing on each rule. Rules may be grouped for the convenience 710 of the commission at hearings required by this article. 711 (9)Following the scheduled hearing date, or by the close 712 of business on the scheduled hearing date if the hearing was not 713 held, the commission shall consider all written and oral 714 comments received. 715 (10)If no written notice of intent to attend the public 716 hearing by interested parties is received, the commission may 717 proceed with adoption of the proposed rule without a public 718 hearing. 719 (11)The commission shall, by majority vote of all members, 720 take final action on the proposed rule and shall determine the 721 effective date of the rule, if any, based on the rulemaking 722 record and the full text of the rule. 723 (12)Upon determination that an emergency exists, the 724 commission may consider and adopt an emergency rule without 725 prior notice, opportunity for comment, or hearing, provided that 726 the usual rulemaking procedures provided in the compact and in 727 this article are retroactively applied to the rule as soon as 728 reasonably possible, in no event later than 90 days after the 729 effective date of the rule. For the purposes of this subsection, 730 an emergency rule is one that must be adopted immediately in 731 order to do any of the following: 732 (a)Meet an imminent threat to public health, safety, or 733 welfare. 734 (b)Prevent a loss of commission or member state funds. 735 (c)Meet a deadline for the adoption of an administrative 736 rule established by federal law or rule. 737 (d)Protect public health and safety. 738 (13)The commission or an authorized committee of the 739 commission may direct revisions to a previously adopted rule or 740 amendment for purposes of correcting typographical errors, 741 errors in format, errors in consistency, or grammatical errors. 742 Public notice of any revisions must be posted on the website of 743 the commission. The revision is subject to challenge by any 744 person for a period of 30 days after posting. The revision may 745 be challenged only on grounds that the revision results in a 746 material change to a rule. A challenge must be made in writing 747 and delivered to the chair of the commission before the end of 748 the notice period. If a challenge is not made, the revision 749 takes effect without further action. If the revision is 750 challenged, the revision may not take effect without the 751 approval of the commission. 752 753 ARTICLE X 754 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 755 756 (1)OVERSIGHT. 757 (a)The executive, legislative, and judicial branches of 758 state government in each member state shall enforce the compact 759 and take all actions necessary and appropriate to carry out the 760 compacts purposes and intent. The provisions of the compact and 761 the rules adopted pursuant thereto have standing as statutory 762 law. 763 (b)All courts shall take judicial notice of the compact 764 and the rules in any judicial or administrative proceeding in a 765 member state pertaining to the subject matter of the compact 766 which may affect the powers, responsibilities, or actions of the 767 commission. 768 (c)The commission is entitled to receive service of 769 process in any such proceeding and has standing to intervene in 770 such a proceeding for all purposes. Failure to provide service 771 of process to the commission renders a judgment or an order void 772 as to the commission, the compact, or the adopted rules. 773 (2)DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. 774 (a)If the commission determines that a member state has 775 defaulted in the performance of its obligations or 776 responsibilities under the compact or the adopted rules, the 777 commission must do all of the following: 778 1.Provide written notice to the defaulting state and other 779 member states of the nature of the default, the proposed means 780 of curing the default, and any other action to be taken by the 781 commission. 782 2.Provide remedial training and specific technical 783 assistance regarding the default. 784 (b)If a state in default fails to cure the default, the 785 defaulting state may be terminated from the compact upon an 786 affirmative vote of a majority of the member states, and all 787 rights, privileges, and benefits conferred by the compact may be 788 terminated on the effective date of termination. A cure of the 789 default does not relieve the offending state of obligations or 790 liabilities incurred during the period of default. 791 (c)Termination of membership in the compact may be imposed 792 only after all other means of securing compliance have been 793 exhausted. The commission shall give notice of intent to suspend 794 or terminate a defaulting member state to the governor and 795 majority and minority leaders of the defaulting states 796 legislature, and to each of the member states. 797 (d)A state that has been terminated from the compact is 798 responsible for all assessments, obligations, and liabilities 799 incurred through the effective date of termination, including 800 obligations that extend beyond the effective date of 801 termination. 802 (e)The commission will not bear any costs related to a 803 state that is found to be in default or that has been terminated 804 from the compact, unless agreed upon in writing between the 805 commission and the defaulting state. 806 (f)The defaulting state may appeal the action of the 807 commission by petitioning the U.S. District Court for the 808 District of Columbia or the federal district where the 809 commission has its principal offices. The prevailing member 810 shall be awarded all costs of such litigation, including 811 reasonable attorney fees. 812 (3)DISPUTE RESOLUTION. 813 (a)Upon request by a member state, the commission must 814 attempt to resolve disputes related to the compact which arise 815 among member states and between member and nonmember states. 816 (b)The commission shall adopt a rule providing for both 817 mediation and binding dispute resolution for disputes as 818 appropriate. 819 (4)ENFORCEMENT. 820 (a)The commission shall, in the reasonable exercise of its 821 discretion, enforce the compact and the commissions rules. 822 (b)By majority vote, the commission may initiate legal 823 action in the United States District Court for the District of 824 Columbia or the federal district where the commission has its 825 principal offices against a member state in default to enforce 826 compliance with the provisions of the compact and its adopted 827 rules and bylaws. The relief sought may include both injunctive 828 relief and damages. In the event judicial enforcement is 829 necessary, the prevailing member must be awarded all costs of 830 such litigation, including reasonable attorney fees. 831 (c)The remedies under this article are not the exclusive 832 remedies of the commission. The commission may pursue any other 833 remedies available under federal or state law. 834 835 ARTICLE XI 836 DATE OF IMPLEMENTATION OF THE OCCUPATIONAL THERAPY COMPACT AND 837 ASSOCIATED RULES; WITHDRAWAL; AND AMENDMENTS 838 839 (1)The compact becomes effective on the date that the 840 compact statute is enacted into law in the tenth member state. 841 The provisions that become effective at that time are limited to 842 the powers granted to the commission relating to assembly and 843 the adoption of rules. Thereafter, the commission shall meet and 844 exercise rulemaking powers necessary for the implementation and 845 administration of the compact. 846 (2)Any state that joins the compact subsequent to the 847 commissions initial adoption of the rules is subject to the 848 rules as they exist on the date that the compact becomes law in 849 that state. Any rule that has been previously adopted by the 850 commission has the full force and effect of law on the day the 851 compact becomes law in that state. 852 (3)Any member state may withdraw from the compact by 853 enacting a statute repealing the same. 854 (a)A member states withdrawal does not take effect until 855 6 months after enactment of the repealing statute. 856 (b)Withdrawal does not affect the continuing requirement 857 of the withdrawing states occupational therapy licensing board 858 to comply with the investigative and adverse action reporting 859 requirements of this act before the effective date of 860 withdrawal. 861 (4)The compact may not be construed to invalidate or 862 prevent any occupational therapy licensure agreement or other 863 cooperative arrangement between a member state and a nonmember 864 state which does not conflict with the provisions of the 865 compact. 866 (5)The compact may be amended by the member states. An 867 amendment to the compact does not become effective and binding 868 upon any member state until it is enacted into the laws of all 869 member states. 870 871 ARTICLE XII 872 CONSTRUCTION AND SEVERABILITY 873 874 The compact must be liberally construed so as to carry out 875 the purposes thereof. The provisions of the compact are 876 severable, and, if any phrase, clause, sentence, or provision of 877 the compact is declared to be contrary to the constitution of 878 any member state or of the United States or the applicability 879 thereof to any government, agency, person, or circumstance is 880 held invalid, the validity of the remainder of the compact and 881 the applicability thereof to any government, agency, person, or 882 circumstance is not affected thereby. If the compact is held 883 contrary to the constitution of any member state, the compact 884 remains in full force and effect as to the remaining member 885 states and in full force and effect as to the member state 886 affected as to all severable matters. 887 888 ARTICLE XIII 889 BINDING EFFECT OF COMPACT AND OTHER LAWS 890 891 (1)A licensee providing occupational therapy in a remote 892 state under the compact privilege shall function within the laws 893 and regulations of the remote state. 894 (2)Nothing herein prevents the enforcement of any other 895 law of a member state which is not inconsistent with the 896 compact. 897 (3)Any law in a member state in conflict with the compact 898 is superseded to the extent of the conflict. 899 (4)Any lawful action of the commission, including all 900 rules and bylaws adopted by the commission, is binding upon the 901 member states. 902 (5)All agreements between the commission and the member 903 states are binding in accordance with their terms. 904 (6)In the event any provision of the compact exceeds the 905 constitutional limits imposed on the legislature of any member 906 state, the provision is ineffective to the extent of the 907 conflict with the constitutional provision in question in that 908 member state. 909 Section 2.Paragraph (b) of subsection (10) of section 910 456.073, Florida Statutes, is amended to read: 911 456.073Disciplinary proceedings.Disciplinary proceedings 912 for each board shall be within the jurisdiction of the 913 department. 914 (10) 915 (b)The department shall report any significant 916 investigation information relating to a nurse holding a 917 multistate license to the coordinated licensure information 918 system pursuant to s. 464.0095; any investigative information 919 relating to an audiologist or a speech-language pathologist 920 holding a compact privilege under the Audiology and Speech 921 Language Pathology Interstate Compact to the data system 922 pursuant to s. 468.1335; any investigative information relating 923 to an occupational therapist or occupational therapy assistant 924 holding a compact privilege under the Occupational Therapy 925 Licensure Compact to the data system pursuant to s. 468.226; any 926 investigative information relating to a physical therapist or 927 physical therapist assistant holding a compact privilege under 928 the Physical Therapy Licensure Compact to the data system 929 pursuant to s. 486.112; any significant investigatory 930 information relating to a psychologist practicing under the 931 Psychology Interjurisdictional Compact to the coordinated 932 licensure information system pursuant to s. 490.0075; and any 933 significant investigatory information relating to a health care 934 practitioner practicing under the Professional Counselors 935 Licensure Compact to the data system pursuant to s. 491.017. 936 Section 3.Subsection (5) of section 456.076, Florida 937 Statutes, is amended to read: 938 456.076Impaired practitioner programs. 939 (5)A consultant shall enter into a participant contract 940 with an impaired practitioner and shall establish the terms of 941 monitoring and shall include the terms in a participant 942 contract. In establishing the terms of monitoring, the 943 consultant may consider the recommendations of one or more 944 approved evaluators, treatment programs, or treatment providers. 945 A consultant may modify the terms of monitoring if the 946 consultant concludes that, through the course of monitoring, 947 that extended, additional, or amended terms of monitoring are 948 required for the protection of the health, safety, and welfare 949 of the public. If the impaired practitioner is an audiologist or 950 a speech-language pathologist practicing under the Audiology and 951 Speech-Language Pathology Interstate Compact pursuant to s. 952 468.1335, an occupational therapist or occupational therapy 953 assistant practicing under the Occupational Therapy Licensure 954 Compact pursuant to s. 468.226, a physical therapist or physical 955 therapist assistant practicing under the Physical Therapy 956 Licensure Compact pursuant to s. 486.112, a psychologist 957 practicing under the Psychology Interjurisdictional Compact 958 pursuant to s. 490.0075, or a health care practitioner 959 practicing under the Professional Counselors Licensure Compact 960 pursuant to s. 491.017, the terms of the monitoring contract 961 must include the impaired practitioners withdrawal from all 962 practice under the compact unless authorized by a member state. 963 Section 4.Subsection (6) is added to section 468.205, 964 Florida Statutes, to read: 965 468.205Board of Occupational Therapy Practice. 966 (6)The board shall appoint an individual to serve as the 967 states delegate on the Occupational Therapy Compact Commission, 968 as required under s. 468.226. 969 Section 5.Section 468.207, Florida Statutes, is amended to 970 read: 971 468.207License required.A No person may not shall 972 practice occupational therapy or hold himself or herself out as 973 an occupational therapist or an occupational therapy assistant 974 or as being able to practice occupational therapy or to render 975 occupational therapy services in this the state unless he or she 976 is licensed in accordance with this part or holds a compact 977 privilege in this state under the Occupational Therapy Licensure 978 Compact as specified in s. 468.226 the provisions of this act. 979 Section 6.Subsection (6) is added to section 468.209, 980 Florida Statutes, to read: 981 468.209Requirements for licensure. 982 (6)A person licensed as an occupational therapist or an 983 occupational therapy assistant in another state who is 984 practicing in this state under the Occupational Therapy 985 Licensure Compact pursuant to s. 468.226, and only within the 986 scope provided therein, is exempt from the licensure 987 requirements of this section. 988 Section 7.Subsections (1) and (2) of section 468.1755, 989 Florida Statutes, are amended to read: 990 468.1755Disciplinary proceedings. 991 (1)The following acts constitute grounds for denial of a 992 license or disciplinary action, as specified in s. 456.072(2) or 993 s. 468.226: 994 (a)Violation of any provision of s. 456.072(1) or s. 995 468.1745(1). 996 (b)Attempting to procure a license to practice nursing 997 home administration by bribery, by fraudulent misrepresentation, 998 or through an error of the department or the board. 999 (c)Having a license to practice nursing home 1000 administration revoked, suspended, or otherwise acted against, 1001 including the denial of licensure, by the licensing authority of 1002 another state, territory, or country. 1003 (d)Being convicted or found guilty, regardless of 1004 adjudication, of a crime in any jurisdiction which relates to 1005 the practice of nursing home administration or the ability to 1006 practice nursing home administration. Any plea of nolo 1007 contendere shall be considered a conviction for purposes of this 1008 part. 1009 (e)Making or filing a report or record which the licensee 1010 knows to be false, intentionally failing to file a report or 1011 record required by state or federal law, willfully impeding or 1012 obstructing such filing, or inducing another person to impede or 1013 obstruct such filing. Such reports or records shall include only 1014 those which are signed in the capacity of a licensed nursing 1015 home administrator. 1016 (f)Authorizing the discharge or transfer of a resident for 1017 a reason other than those provided in ss. 400.022 and 400.0255. 1018 (g)Advertising goods or services in a manner which is 1019 fraudulent, false, deceptive, or misleading in form or content. 1020 (h)Fraud or deceit, negligence, incompetence, or 1021 misconduct in the practice of nursing home administration. 1022 (i)Violation of a lawful order of the board or department 1023 previously entered in a disciplinary hearing or failing to 1024 comply with a lawfully issued subpoena of the board or 1025 department. 1026 (j)Practicing with a revoked, suspended, inactive, or 1027 delinquent license. 1028 (k)Repeatedly acting in a manner inconsistent with the 1029 health, safety, or welfare of the patients of the facility in 1030 which he or she is the administrator. 1031 (l)Being unable to practice nursing home administration 1032 with reasonable skill and safety to patients by reason of 1033 illness, drunkenness, use of drugs, narcotics, chemicals, or any 1034 other material or substance or as a result of any mental or 1035 physical condition. In enforcing this paragraph, upon a finding 1036 of the State Surgeon General or his or her designee that 1037 probable cause exists to believe that the licensee is unable to 1038 serve as a nursing home administrator due to the reasons stated 1039 in this paragraph, the department shall have the authority to 1040 issue an order to compel the licensee to submit to a mental or 1041 physical examination by a physician designated by the 1042 department. If the licensee refuses to comply with such order, 1043 the departments order directing such examination may be 1044 enforced by filing a petition for enforcement in the circuit 1045 court where the licensee resides or serves as a nursing home 1046 administrator. The licensee against whom the petition is filed 1047 may shall not be named or identified by initials in any public 1048 court records or documents, and the proceedings must shall be 1049 closed to the public. The department is shall be entitled to the 1050 summary procedure provided in s. 51.011. A licensee affected 1051 under this paragraph must shall have the opportunity, at 1052 reasonable intervals, to demonstrate that he or she can resume 1053 the competent practice of nursing home administration with 1054 reasonable skill and safety to patients. 1055 (m)Willfully or repeatedly violating any of the provisions 1056 of the law, code, or rules of the licensing or supervising 1057 authority or agency of the state or political subdivision 1058 thereof having jurisdiction of the operation and licensing of 1059 nursing homes. 1060 (n)Paying, giving, causing to be paid or given, or 1061 offering to pay or to give to any person a commission or other 1062 valuable consideration for the solicitation or procurement, 1063 either directly or indirectly, of nursing home usage. 1064 (o)Willfully permitting unauthorized disclosure of 1065 information relating to a patient or his or her records. 1066 (p)Discriminating with respect to patients, employees, or 1067 staff on account of race, religion, color, sex, or national 1068 origin. 1069 (q)Failing to implement an ongoing quality assurance 1070 program directed by an interdisciplinary team that meets at 1071 least every other month. 1072 (r)Violating any provision of this chapter or chapter 456, 1073 or any rules adopted pursuant thereto. 1074 (2)(a)The board may enter an order denying licensure or 1075 imposing any of the penalties in s. 456.072(2) against any 1076 applicant for licensure or licensee who is found guilty of 1077 violating any provision of subsection (1) of this section or who 1078 is found guilty of violating any provision of s. 456.072(1). 1079 (b)The board may take adverse action against an 1080 occupational therapists or an occupational therapy assistants 1081 compact privilege under the Occupational Therapy Licensure 1082 Compact pursuant to s. 468.226 and may impose any of the 1083 penalties in s. 456.072(2) if such occupational therapist or 1084 occupational therapy assistant commits an act specified in 1085 subsection (1) or s. 456.072(1). 1086 Section 8.Paragraph (m) is added to subsection (10) of 1087 section 768.28, Florida Statutes, to read: 1088 768.28Waiver of sovereign immunity in tort actions; 1089 recovery limits; civil liability for damages caused during a 1090 riot; limitation on attorney fees; statute of limitations; 1091 exclusions; indemnification; risk management programs. 1092 (10) 1093 (m)For purposes of this section, the individual appointed 1094 under s. 468.205(6) as the states delegate on the Occupational 1095 Therapy Compact Commission, when serving in that capacity 1096 pursuant to s. 468.226, and any administrator, officer, 1097 executive director, employee, or representative of the 1098 Occupational Therapy Compact Commission, when acting within the 1099 scope of his or her employment, duties, or responsibilities in 1100 this state, is considered an agent of the state. The commission 1101 shall pay any claims or judgments pursuant to this section and 1102 may maintain insurance coverage to pay any such claims or 1103 judgments. 1104 Section 9.This act shall take effect July 1, 2025.