CHAPTER 164
Legislative Research Commission PDF Version
1
CHAPTER 164
( HB 213 )
AN ACT relating to occupational therapists.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 319A IS CREATED TO READ AS FOLLOWS:
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate interstate practice of occupational therapy with the goal of improving
public access to occupational therapy services. The practice of occupational therapy occurs in the state where the
patient or client is located at the time of the patient or client encounter. The Compact preserves the regulatory
authority of states to protect public health and safety through the current system of state licensure.
This Compact is designed to achieve the following objectives:
A. Increase public access to occupational therapy services by providing for the mutual recognition of other
member state licenses;
B. Enhance the states’ ability to protect the public’s health and safety;
C. Encourage the cooperation of member states in regulating multistate occupational therapy practice;
D. Support spouses of relocating military members;
E. Enhance the exchange of licensure, investigative, and disciplinary information between member states;
F. Allow a remote state to hold a provider of services with a Compact privilege in that state accountable to that
state’s practice standards; and
G. Facilitate the use of telehealth technology in order to increase access to occupational therapy services.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, the following definitions shall apply:
A. "Active duty military" means full-time duty status in the active uniformed service of the United States,
including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter
1209 and 10 U.S.C. Chapter 1211;
B. "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state’s laws
which is imposed by a licensing board or other authority against an occupational therapist or occupational
therapy assistant, including actions against an individual’s license or Compact privilege such as censure,
revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice;
C. "Alternative program" means a nondisciplinary monitoring process approved by an occupational therapy
licensing board;
D. "Compact privilege" means the authorization, which is equivalent to a license, granted by a remote state to
allow a licensee from another member state to practice as an occupational therapist or practice as an
occupational therapy assistant in the remote state under its laws and rules. The practice of occupational
therapy occurs in the member state where the patient or client is located at the time of the patient or client
encounter;
E. "Continuing competence or continuing education" means a requirement, as a condition of license renewal,
to provide evidence of participation in, completion of, or any combination of these actions regarding
educational and professional activities relevant to practice or area of work;
F. "Current significant investigative information" means investigative information that a licensing board,
after an inquiry or investigation that includes notification and an opportunity for the occupational therapist
or occupational therapy assistant to respond, if required by state law, has reason to believe is not groundless
and, if proved true, would indicate more than a minor infraction;
G. "Data system" means a repository of information about licensees, including but not limited to license
status, investigative information, Compact privileges, and adverse actions; ACTS OF THE GENERAL ASSEMBLY 2
H. "Encumbered license" means a license in which an adverse action restricts the practice of occupational
therapy by the licensee or said adverse action has been reported to the National Practitioners Data Bank
(NPDB);
I. "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the
powers granted to them by, the commission;
J. "Home state" means the member state that is the licensee’s primary state of residence;
K. "Impaired practitioner" means an individual whose professional practice is adversely affected by substance
abuse, addiction, or other health-related conditions;
L. "Investigative information" means information, records, documents, or any combination of these items
received or generated by an occupational therapy licensing board pursuant to an investigation;
M. "Jurisprudence requirement" means the assessment of an individual’s knowledge of the laws and rules
governing the practice of occupational therapy in a state;
N. "Licensee" means an individual who currently holds an authorization from the state to practice as an
occupational therapist or as an occupational therapy assistant;
O. "Member state" means a state that has enacted the Compact;
P. "Occupational therapist" means an individual who is licensed by a state to practice occupational therapy;
Q. "Occupational therapy assistant" means an individual who is licensed by a state to assist in the practice of
occupational therapy;
R. "Occupational therapy," "occupational therapy practice," and the "practice of occupational therapy"
mean the care and services provided by an occupational therapist or an occupational therapy assistant as
set forth in the member state’s statutes and regulations;
S. "Occupational Therapy Compact Commission" or "commission" means the national administrative body
whose membership consists of all states that have enacted the Compact;
T. "Occupational therapy licensing board" or "licensing board" means the agency of a state that is authorized
to license and regulate occupational therapists and occupational therapy assistants;
U. "Primary state of residence" means the state (also known as the home state) in which an occupational
therapist or occupational therapy assistant who is not active duty military declares a primary residence for
legal purposes as verified by a driver’s license, federal income tax return, lease, deed, mortgage, voter
registration, or other verifying documentation as further defined by commission rules;
V. "Remote state" means a member state other than the home state, where a licensee is exercising or seeking
to exercise the Compact privilege;
W. "Rule" means a regulation promulgated by the commission that has the force of law;
X. "State" means any state, commonwealth, district, or territory of the United States of America that regulates
the practice of occupational therapy;
Y. "Single-state license" means an occupational therapist or occupational therapy assistant license issued by a
member state that authorizes practice only within the issuing state and does not include a Compact privilege
in any other member state; and
Z. "Telehealth" means the application of telecommunication technology to deliver occupational therapy
services for assessment, intervention, consultation, or any combination of these actions.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To participate in the Compact, a member state shall:
1. License occupational therapists and occupational therapy assistants;
2. Participate fully in the commission’s data system, including but not limited to using the commission’s
unique identifier as defined in rules of the commission;
3. Have a mechanism in place for receiving and investigating complaints about licensees;
4. Notify the commission, in compliance with the terms of the Compact and rules, of any adverse action
or the availability of investigative information regarding a licensee; CHAPTER 164
Legislative Research Commission PDF Version
3
5. Implement or utilize procedures for considering the criminal history records of applicants for an
initial Compact privilege. These procedures shall include the submission of fingerprints or other
biometric-based information by applicants for the purpose of obtaining an applicant’s criminal
history record information from the Federal Bureau of Investigation and the agency responsible for
retaining that state’s criminal records.
a. A member state shall, within a time frame established by the commission, require a criminal
background check for a licensee seeking or applying for a Compact privilege whose primary
state of residence is that member state, by receiving the results of the Federal Bureau of
Investigation criminal record search, and shall use the results in making licensure decisions.
b. Communication between a member state, the commission, and among member states
regarding the verification of eligibility for licensure through the Compact shall not include
any information received from the Federal Bureau of Investigation relating to a federal
criminal records check performed by a member state under Public Law 92-544;
6. Comply with the rules of the commission;
7. Utilize only a recognized national examination as a requirement for licensure pursuant to the rules
of the commission; and
8. Have continuing competence or continuing education requirements as a condition for license
renewal.
B. A member state shall grant the Compact privilege to a licensee holding a valid unencumbered license in
another member state in accordance with the terms of the Compact and rules.
C. Member states may charge a fee for granting a Compact privilege.
D. A member state shall provide for the state’s delegate to attend all Occupational Therapy Compact
Commission meetings.
E. Individuals not residing in a member state shall continue to be able to apply for a member state’s single-
state license as provided under the laws of each member state. However, the single-state license granted to
these individuals shall not be recognized as granting the Compact privilege in any other member state.
F. Nothing in this Compact shall affect the requirements established by a member state for the issuance of a
single-state license.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the Compact privilege under the terms and provisions of the Compact, the licensee shall:
1. Hold a license in the home state;
2. Have a valid United States Social Security number or National Practitioner Identification number;
3. Have no encumbrance on any state license;
4. Be eligible for a Compact privilege in any member state in accordance with Section 4D, F, G, and H;
5. Have paid all fines and completed all requirements resulting from any adverse action against any
license or Compact privilege, and two (2) years have elapsed from the date of such completion;
6. Notify the commission that the licensee is seeking the Compact privilege within a remote state or
states;
7. Pay any applicable fees, including any state fee, for the Compact privilege;
8. Complete a criminal background check in accordance with Section 3A.5. The licensee shall be
responsible for the payment of any fee associated with the completion of a criminal background
check;
9. Meet any jurisprudence requirements established by the remote state or states in which the licensee is
seeking a Compact privilege; and
10. Report to the commission adverse action taken by any nonmember state within thirty (30) days from
the date the adverse action is taken. ACTS OF THE GENERAL ASSEMBLY 4
B. The Compact privilege is valid until the expiration date of the home state license. The licensee shall comply
with the requirements of Section 4A to maintain the Compact privilege in the remote state.
C. A licensee providing occupational therapy in a remote state under the Compact privilege shall function
within the laws and regulations of the remote state.
D. Occupational therapy assistants practicing in a remote state shall be supervised by an occupational
therapist licensed or holding a Compact privilege in that remote state.
E. A licensee providing occupational therapy in a remote state is subject to that state’s regulatory authority. A
remote state may, in accordance with due process and that state’s laws, remove a licensee’s Compact
privilege in the remote state for a specific period of time, impose fines, or take a combination of these or any
other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a
Compact privilege in any state until the specific time for removal has passed and all fines are paid.
F. If a home state license is encumbered, the licensee shall lose the Compact privilege in any remote state until
the following occur:
1. The home state license is no longer encumbered; and
2. Two (2) years have elapsed from the date on which the home state license is no longer encumbered in
accordance with Section 4F.1.
G. Once an encumbered license in the home state is restored to good standing, the licensee shall meet the
requirements of Section 4A to obtain a Compact privilege in any remote state.
H. If a licensee’s Compact privilege in any remote state is removed, the individual may lose the Compact
privilege in any other remote state until the following occur:
1. The specific period of time for which the Compact privilege was removed has ended;
2. All fines have been paid and all conditions have been met;
3. Two (2) years have elapsed from the date of completing requirements for 4H.1. and 2.; and
4. The Compact privileges are reinstated by the commission, and the Compact data system is updated to
reflect reinstatement.
I. If a licensee’s Compact privilege in any remote state is removed due to an erroneous charge, privileges shall
be restored through the Compact data system.
J. Once the requirements of Section 4H have been met, the license shall meet the requirements in Section 4A
to obtain a Compact privilege in a remote state.
SECTION 5: OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF COMPACT PRIVILEGE
A. An occupational therapist or occupational therapy assistant may hold a home state license, which allows for
Compact privileges in member states, in only one (1) member state at a time.
B. If an occupational therapist or occupational therapy assistant changes primary state of residence by moving
between two (2) member states:
1. The occupational therapist or occupational therapy assistant shall file an application for obtaining a
new home state license by virtue of a Compact privilege, pay all applicable fees, and notify the
current and new home state in accordance with applicable rules adopted by the commission;
2. Upon receipt of an application for obtaining a new home state license by virtue of Compact privilege,
the new home state shall verify that the occupational therapist or occupational therapy assistant
meets the pertinent criteria outlined in Section 4 via the data system, without need for primary source
verification except for:
a. An FBI fingerprint based criminal background check if not previously performed or updated
pursuant to applicable rules adopted by the commission in accordance with Public Law 92-
544;
b. Other criminal background check as required by the new home state; and
c. Submission of any requisite jurisprudence requirements of the new home state; CHAPTER 164
Legislative Research Commission PDF Version
5
3. The former home state shall convert the former home state license into a Compact privilege once the
new home state has activated the new home state license in accordance with applicable rules adopted
by the commission;
4. Notwithstanding any other provision of this Compact, if the occupational therapist or occupational
therapy assistant cannot meet the criteria in Section 4, the new home state shall apply its
requirements for issuing a new single-state license; and
5. The occupational therapist or the occupational therapy assistant shall pay all applicable fees to the
new home state in order to be issued a new home state license.
C. If an occupational therapist or occupational therapy assistant changes primary state of residence by moving
from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria
shall apply for issuance of a single-state license in the new state.
D. Nothing in this Compact shall interfere with a licensee’s ability to hold a single-state license in multiple
states; however, for the purposes of this Compact, a licensee shall have only one (1) home state license.
E. Nothing in this Compact shall affect the requirements established by a member state for the issuance of a
single-state license.
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
Active duty military personnel, or their spouses, shall designate a home state where the individual has a current
license in good standing. The individual may retain the home state designation during the period the service
member is on active duty. Subsequent to designating a home state, the individual shall only change their home
state through application for licensure in the new state or through the process described in Section 5.
SECTION 7. ADVERSE ACTIONS
A. A home state shall have exclusive power to impose adverse action against an occupational therapist’s or
occupational therapy assistant’s license issued by the home state.
B. In addition to the other powers conferred by state law, a remote state shall have the authority, in
accordance with existing state due process law, to:
1. Take adverse action against an occupational therapist’s or occupational therapy assistant’s Compact
privilege within that member state; and
2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of
witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member
state for the attendance and testimony of witnesses or the production of evidence from another
member state shall be enforced in the latter state by any court of competent jurisdiction, according to
the practice and procedure of that court applicable to subpoenas issued in proceedings pending
before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees
required by the service statutes of the state in which the witnesses or evidence are located.
C. For purposes of taking adverse action, the home state shall give the same priority and effect to reported
conduct received from a member state as it would if the conduct had occurred within the home state. In so
doing, the home state shall apply its own state laws to determine appropriate action.
D. The home state shall complete any pending investigations of an occupational therapist or occupational
therapy assistant who changes primary state of residence during the course of the investigations. The home
state, where the investigations were initiated, shall also have the authority to take appropriate action or
actions and shall promptly report the conclusions of the investigations to the Occupational Therapy
Compact Commission data system. The Occupational Therapy Compact Commission data system
administrator shall promptly notify the new home state of any adverse actions.
E. A member state, if otherwise permitted by state law, may recover from the affected occupational therapist or
occupational therapy assistant the costs of investigations and disposition of cases resulting from any
adverse action taken against that occupational therapist or occupational therapy assistant.
F. A member state may take adverse action based on the factual findings of the remote state, provided that the
member state follows its own procedures for taking the adverse action.
G. Joint investigations ACTS OF THE GENERAL ASSEMBLY 6
1. In addition to the authority granted to a member state by its respective state occupational therapy
laws and regulations or other applicable state law, any member state may participate with other
member states in joint investigations of licensees.
2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any
joint or individual investigation initiated under the Compact.
H. If an adverse action is taken by the home state against an occupational therapist’s or occupational therapy
assistant’s license, the occupational therapist’s or occupational therapy assistant’s Compact privilege in all
other member states shall be deactivated until all encumbrances have been removed from the state license.
All home state disciplinary orders that impose adverse action against an occupational therapist’s or
occupational therapy assistant’s license shall include a statement that the occupational therapist’s or
occupational therapy assistant’s Compact privilege is deactivated in all member states during the pendency
of the order.
I. If a member state takes adverse action, it shall promptly notify the administrator of the data system. The
administrator of the data system shall promptly notify the home state of any adverse actions by remote
states.
J. Nothing in this Compact shall override a member state’s decision that participation in an alternative
program may be used in lieu of adverse action.
SECTION 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT COMMISSION
A. The Compact member states hereby create and establish a joint public agency known as the Occupational
Therapy Compact Commission.
1. The commission is an instrumentality of the Compact states.
2. Venue is proper and judicial proceedings by or against the commission shall be brought solely and
exclusively in a court of competent jurisdiction where the principal office of the commission is
located. The commission may waive venue and jurisdictional defenses to the extent it adopts or
consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
B. Membership, voting, and meetings
1. Each member state shall have and be limited to one (1) delegate selected by that member state’s
licensing board.
2. The delegate shall be either:
a. A current member of the licensing board, who is an occupational therapist, occupational
therapy assistant, or public member; or
b. An administrator of the licensing board.
3. Any delegate may be removed or suspended from office as provided by the law of the state from
which the delegate is appointed.
4. The member state board shall fill any vacancy occurring in the commission within ninety (90) days.
5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation
of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the
commission. A delegate shall vote in person or by such other means as provided in the bylaws. The
bylaws may provide for delegates’ participation in meetings by telephone or other means of
communication.
6. The commission shall meet at least once during each calendar year. Additional meetings shall be
held as set forth in the bylaws.
7. The commission shall establish by rule a term of office for delegates.
C. The commission shall have the following powers and duties:
1. Establish a code of ethics for the commission;
2. Establish the fiscal year of the commission; CHAPTER 164
Legislative Research Commission PDF Version
7
3. Establish bylaws;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;
6. Promulgate uniform rules to facilitate and coordinate implementation and administration of this
Compact. The rules shall have the force and effect of law and shall be binding in all member states;
7. Bring and prosecute legal proceedings or actions in the name of the commission, provided that the
standing of any state occupational therapy licensing board to sue or be sued under applicable law
shall not be affected;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a
member state;
10. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of the Compact, and establish the commission’s
personnel policies and programs relating to conflicts of interest, qualifications of personnel, and
other related personnel matters;
11. Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and
services, and receive, utilize, and dispose of the same; provided that at all times the commission shall
avoid any appearance of impropriety or conflict of interest;
12. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use
any property, real, personal, or mixed; provided that at all times the commission shall avoid any
appearance of impropriety;
13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real,
personal, or mixed;
14. Establish a budget and make expenditures;
15. Borrow money;
16. Appoint committees, including standing committees composed of members, state regulators, state
legislators or their representatives, consumer representatives, and such other interested persons as
may be designated in this Compact and the bylaws;
17. Provide and receive information from, and cooperate with, law enforcement agencies;
18. Establish and elect an executive committee; and
19. Perform such other functions as may be necessary or appropriate to achieve the purposes of this
Compact consistent with the state regulation of occupational therapy licensure and practice.
D. The executive committee
The executive committee shall have the power to act on behalf of the commission according to the terms of
this Compact.
1. The executive committee shall be composed of nine (9) members:
a. Seven (7) voting members who are elected by the commission from the current membership of
the commission;
b. One (1) ex officio, nonvoting member from a recognized national occupational therapy
professional association; and
c. One (1) ex officio, nonvoting member from a recognized national occupational therapy
certification organization.
2. The ex officio members shall be selected by their respective organizations.
3. The commission may remove any member of the executive committee as provided in bylaws.
4. The executive committee shall meet at least annually. ACTS OF THE GENERAL ASSEMBLY 8
5. The executive committee shall have the following duties and responsibilities:
a. Recommend to the entire commission changes to the rules or bylaws, changes to this Compact
legislation, fees paid by Compact member states such as annual dues, and any commission
Compact fee charged to licensees for the Compact privilege;
b. Ensure Compact administration services are appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the commission;
e. Monitor Compact compliance of member states and provide compliance reports to the
commission;
f. Establish additional committees as necessary; and
g. Perform other duties as provided in rules or bylaws.
E. Meetings of the commission
1. All meetings shall be open to the public, and public notice of meetings shall be given in the same
manner as required under the rulemaking provisions in Section 10.
2. The commission or the executive committee or other committees of the commission may convene in a
closed, nonpublic meeting if the commission or executive committee or other committees of the
commission is required to discuss:
a. Noncompliance of a member state with its obligations under the Compact;
b. The employment, compensation, discipline, or other matters, practices, or procedures related
to specific employees or other matters related to the commission’s internal personnel practices
and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged or
confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf of or
for use of the commission or other committee charged with responsibility of investigation or
determination of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure by federal or member state statute.
3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission’s legal
counsel or designee shall certify that the meeting may be closed and shall reference each relevant
exempting provision.
4. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting
and shall provide a full and accurate summary of actions taken, and the reasons for the actions,
including a description of the views expressed. All documents considered in connection with an
action shall be identified in such minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release by a majority vote of the commission or order of a court of
competent jurisdiction.
F. Financing of the commission
1. The commission shall pay, or provide for the payment of, the reasonable expenses of its
establishment, organization, and ongoing activities. CHAPTER 164
Legislative Research Commission PDF Version
9
2. The commission may accept any and all appropriate revenue sources, donations, and grants of
money, equipment, supplies, materials, and services.
3. The commission may levy on and collect an annual assessment from each member state or impose
fees on other parties to cover the cost of the operations and activities of the commission and its staff,
which shall be in a total amount sufficient to cover its annual budget as approved by the commission
each year for which revenue is not provided by other sources. The aggregate annual assessment
amount shall be allocated based upon a formula to be determined by the commission, which shall
promulgate a rule binding upon all member states.
4. The commission shall not incur obligations of any kind prior to securing the funds adequate to meet
the same; nor shall the commission pledge the credit of any of the member states, except by and with
the authority of the member state.
5. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and
disbursements of the commission shall be subject to the audit and accounting procedures established
under its bylaws. However, all receipts and disbursements of funds handled by the commission shall
be audited yearly by a certified or licensed public accountant, and the report of the audit shall be
included in and become part of the annual report of the commission.
G. Qualified immunity, defense, and indemnification
1. The members, officers, executive director, employees, and representatives of the commission shall be
immune from suit and liability, either personally or in their official capacity, for any claim for
damage to or loss of property or personal injury or other civil liability caused by or arising out of any
actual or alleged act, error, or omission that occurred, or that the person against whom the claim is
made had a reasonable basis for believing occurred, within the scope of commission employment,
duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any
such person from suit or liability for any damage, loss, injury, or liability caused by the intentional,
willful, or wanton misconduct of that person.
2. The commission shall defend any member, officer, executive director, employee, or representative of
the commission in any civil action seeking to impose liability arising out of any actual or alleged act,
error, or omission that occurred within the scope of commission employment, duties, or
responsibilities, or that the person against whom the claim is made had a reasonable basis for
believing occurred within the scope of commission employment, duties, or responsibilities; provided
that nothing herein shall be construed to prohibit that person from retaining that person's own
counsel; and provided further, that the actual or alleged act, error, or omission did not result from
that person’s intentional, willful, or wanton misconduct.
3. The commission shall indemnify and hold harmless any member, officer, executive director,
employee, or representative of the commission for the amount of any settlement or judgment obtained
against that person arising out of any actual or alleged act, error, or omission that occurred within
the scope of commission employment, duties, or responsibilities, or that such person had a
reasonable basis for believing occurred within the scope of commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission did not result from the
intentional, willful, or wanton misconduct of that person.
SECTION 9. DATA SYSTEM
A. The commission shall provide for the development, maintenance, and utilization of a coordinated database
and reporting system containing licensure, adverse action, and investigative information on all licensed
individuals in member states.
B. A member state shall submit a uniform data set to the data system on all individuals to whom this Compact
is applicable (utilizing a unique identifier) as required by the rules of the commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or Compact privilege;
4. Non-confidential information related to alternative program participation; ACTS OF THE GENERAL ASSEMBLY 10
5. Any denial of application for licensure, and the reason or reasons for such denial;
6. Other information that may facilitate the administration of this Compact, as determined by the rules
of the commission; and
7. Current significant investigative information.
C. Current significant investigative information and other investigative information pertaining to a licensee in
any member state shall only be available to other member states.
D. The commission shall promptly notify all member states of any adverse action taken against a licensee or an
individual applying for a license. Adverse action information pertaining to a licensee in any member state
shall be available to any other member state.
E. Member states contributing information to the data system may designate information that may not be
shared with the public without the express permission of the contributing state.
F. Any information submitted to the data system that is subsequently required to be expunged by the laws of
the member state contributing the information shall be removed from the data system.
SECTION 10. RULEMAKING
A. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and
the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each
rule or amendment.
B. The commission shall promulgate reasonable rules in order to effectively and efficiently achieve the
purposes of the Compact. Notwithstanding the foregoing, in the event the commission exercises its
rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers
granted hereunder, then such an action by the commission shall be invalid and have no force and effect.
C. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in
the same manner used to adopt the Compact within four (4) years of the date of adoption of the rule, then
such rule shall have no further force and effect in any member state.
D. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
E. Prior to promulgation and adoption of a final rule or rules by the commission, and at least thirty (30) days
in advance of the meeting at which the rule shall be considered and voted upon, the commission shall file a
notice of proposed rulemaking:
1. On the Web site of the commission or other publicly accessible platform; and
2. On the Web site of each member state occupational therapy licensing board or other publicly
accessible platform or the publication in which each state would otherwise publish proposed rules.
F. The notice of proposed rulemaking shall include:
1. The proposed time, date, and location of the meeting in which the rule shall be considered and voted
upon;
2. The text of the proposed rule or amendment and the reason for the proposed rule;
3. A request for comments on the proposed rule from any interested person; and
4. The manner in which interested persons may submit notice to the commission of their intention to
attend the public hearing and any written comments.
G. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts,
opinions, and arguments, which shall be made available to the public.
H. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a
hearing is requested by:
1. At least twenty-five (25) persons;
2. A state or federal governmental subdivision or agency; or
3. An association or organization having at least twenty-five (25) members. CHAPTER 164
Legislative Research Commission PDF Version
11
I. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and
date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall
publish the mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall notify the executive director of the commission
or other designated member in writing of their desire to appear and testify at the hearing not less
than five (5) business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and
reasonable opportunity to comment orally or in writing.
3. All hearings shall be recorded. A copy of the recording shall be made available on request.
4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be
grouped for the convenience of the commission at hearings required by this section.
J. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the
hearing was not held, the commission shall consider all written and oral comments received.
K. If no written notice of intent to attend the public hearing by interested parties is received, the commission
may proceed with promulgation of the proposed rule without a public hearing.
L. The commission shall, by majority vote of all members, take final action on the proposed rule and shall
determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
M. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule
without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures
provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably
possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this
provision, an emergency rule is a rule that requires immediate adoption in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of commission or member state funds;
3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or
rule; or
4. Protect public health and safety.
N. The commission or an authorized committee of the commission may direct revisions to a previously adopted
rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency,
or grammatical errors. Public notice of any revisions shall be posted on the Web site of the commission.
The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The
revision may be challenged only on grounds that the revision results in a material change to a rule. A
challenge shall be made in writing and delivered to the chair of the commission prior to the end of the
notice period. If no challenge is made, the revision shall take effect without further action. If the revision is
challenged, the revision may not take effect without the approval of the commission.
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive, legislative, and judicial branches of state government in each member state shall
enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s
purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have
standing as statutory law.
2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative
proceeding in a member state pertaining to the subject matter of this Compact which may affect the
powers, responsibilities, or actions of the commission.
3. The commission shall be entitled to receive service of process in any such proceeding, and shall have
standing to intervene in such a proceeding for all purposes. Failure to provide service of process to
the commission shall render a judgment or order void as to the commission, this Compact, or
promulgated rules. ACTS OF THE GENERAL ASSEMBLY 12
B. Default, technical assistance, and termination
1. If the commission determines that a member state has defaulted in the performance of its obligations
or responsibilities under this Compact or the promulgated rules, the commission shall:
a. Provide written notice to the defaulting state and other member states of the nature of the
default, the proposed means of curing the default, and any other actions to be taken by the
commission; and
b. Provide remedial training and specific technical assistance regarding the default.
2. If a state in default fails to cure the default, the defaulting state may be terminated from the Compact
upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits
conferred by this Compact may be terminated on the effective date of termination. A cure of the
default does not relieve the offending state of obligations or liabilities incurred during the period of
default.
3. Termination of membership in the Compact shall be imposed only after all other means of securing
compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the
commission to the governor, the majority and minority leaders of the defaulting state’s legislature,
and each of the member states.
4. A state that has been terminated is responsible for all assessments, obligations, and liabilities
incurred through the effective date of termination, including obligations that extend beyond the
effective date of termination.
5. The commission shall not bear any costs related to a state that is found to be in default or that has
been terminated from the Compact, unless agreed upon in writing between the commission and the
defaulting state.
6. The defaulting state may appeal the action of the commission by petitioning the United States District
Court for the District of Columbia or the federal district where the commission has its principal
offices. The prevailing member shall be awarded all costs of such litigation, including reasonable
attorney’s fees.
C. Dispute resolution
1. Upon request by a member state, the commission shall attempt to resolve disputes related to the
Compact that arise among member states and between member and nonmember states.
2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution
for disputes as appropriate.
D. Enforcement
1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of
this Compact.
2. By majority vote, the commission may initiate legal action in the United States District Court for the
District of Columbia or the federal district where the commission has its principal offices against a
member state in default to enforce compliance with the provisions of the Compact and its
promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In
the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such
litigation, including reasonable attorney’s fees.
3. The remedies herein shall not be the exclusive remedies of the commission. The commission may
pursue any other remedies available under federal or state law.
SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR
OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the
tenth member state. The provisions, which become effective at that time, shall be limited to the powers
granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission
shall meet and exercise rulemaking powers necessary to the implementation and administration of the
Compact. CHAPTER 164
Legislative Research Commission PDF Version
13
B. Any state that joins the Compact subsequent to the commission’s initial adoption of the rules shall be
subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that
has been previously adopted by the commission shall have the full force and effect of law on the day the
Compact becomes law in that state.
C. Any member state may withdraw from this Compact by enacting a statute repealing the Compact.
1. A member state’s withdrawal shall not take effect until six (6) months after enactment of the
repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing state’s occupational
therapy licensing board to comply with the investigative and adverse action reporting requirements of
this Compact prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or prevent any occupational therapy
licensure agreement or other cooperative arrangement between a member state and a nonmember state that
does not conflict with the provisions of this Compact.
E. This Compact may be amended by the member states. No amendment to this Compact shall become
effective and binding upon any member state until it is enacted into the laws of all member states.
SECTION 13. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate its purposes. The provisions of this Compact shall be
severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the
constitution of any member state or of the United States or the applicability thereof to any government, agency,
person, or circumstance is held invalid, the validity of the remainder of this Compact and its applicability to any
government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary
to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining
member states and in full force and effect as to the member state affected as to all severable matters.
SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. A licensee providing occupational therapy in a remote state under the Compact privilege shall function
within the laws and regulations of the remote state.
B. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with
the Compact.
C. Any laws in a member state in conflict with the Compact are superseded to the extent of the conflict.
D. Any lawful actions of the commission, including all rules and bylaws promulgated by the commission, are
binding upon the member states.
E. All agreements between the commission and the member states are binding in accordance with their terms.
F. In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of
any member state, the provision shall be ineffective to the extent of the conflict with the constitutional
provision in question in that member state.
SECTION 15. APPLICABILITY TO KENTUCKY STATE GOVERNMENT
In order to clarify the effect of certain provisions of this Compact and to ensure that the rights and responsibilities
of the various branches of government are maintained, the following shall be in effect in this state:
A. By entering into this Compact, this state authorizes the state licensing board as defined in Section 2 of this
Compact and as created by KRS Chapter 319A to implement the provisions of this Compact.
B. Notwithstanding any provision of this Compact to the contrary:
1. When a rule is adopted pursuant to Section 10 of this Compact, the licensing board as defined by
Section 2 of this Compact shall have sixty (60) days to review the rule for the purpose of filing the
rule as an emergency administrative regulation pursuant to KRS 13A.190 and for filing the rule as
an accompanying ordinary administrative regulation, following the requirements of KRS Chapter
13A. Failure by the licensing board as defined by Section 2 of this Compact to promulgate a rule
adopted by the Occupational Therapy Compact Commission as an administrative regulation
pursuant to KRS Chapter 13A shall result in the initiation of the process for withdrawal as set forth ACTS OF THE GENERAL ASSEMBLY 14
in Section 12 of this Compact. Nothing in these provisions shall negate the applicability and effect of
Section 10 of this Compact to this state.
2. If the proposed administrative regulation is found deficient and the deficiency is not resolved
pursuant to KRS 13A.330 or 13A.335, the provisions of Section 11 of this Compact shall apply. If the
procedures under Section 11 of this Compact fail to resolve an issue, the provisions of Section 12 of
this Compact shall apply.
3. If the Occupational Therapy Compact Commission created by Section 8 of this Compact exercises its
rulemaking authority in a manner that is beyond the scope of the purposes of this Compact, or the
powers granted under this Compact, then such an action by the commission shall be invalid and have
no force or effect.
C. Section 8F of this Compact pertaining to the financing of the commission shall not be interpreted to
obligate the general fund of this state. Any funds used to finance this Compact shall be from money
collected pursuant to KRS 319A.060.
D. This Compact shall apply only to those occupational therapists and occupational therapy assistants who
practice or work under a Compact privilege.
Section 2. KRS 319A.140 is amended to read as follows:
On the payment to the board of fees required by this chapter and on submission of a written application on forms
provided by the board, the board shall issue a license to:
(1) A person who presents evidence satisfactory to the board of being a registered occupational therapist or a
certified occupational therapy assistant through the National Board for Certification in Occupational Therapy
or its equivalent, and who has met the academic and fieldwork requirements of KRS 319A.110 and the
examination requirement of KRS 319A.120;[ or]
(2) A person who presents evidence satisfactory to the board of being currently licensed, certified, or registered as
an occupational therapist or occupational therapy assistant by another state, territory of the United States, or
the District of Columbia, where the requirements for licensure, registration, or certification are equal to or
greater than the requirements set forth in this chapter; or
(3) A person who is eligible to practice or work through a Compact privilege granted under Section 1 of this
Act.
Section 3. KRS 319A.180 is amended to read as follows:
[Foreign-trained ]Occupational therapists and occupational therapy assistants trained in other jurisdictions who
apply to be licensed by the board shall:
(1) Furnish proof of good moral character and shall present proof indicating the completion of educational
requirements equal to or greater than those contained in KRS 319A.110 and examination requirements of KRS
319A.120; or
(2) Establish eligibility to practice or work through a Compact privilege granted under Section 1 of this Act.
Signed by Governor April 8, 2022.