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HOUSE DOCKET, NO. 3244 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 352
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jack Patrick Lewis
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the occupational therapist interstate licensure compact.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Jack Patrick Lewis7th Middlesex1/20/2023David Paul Linsky5th Middlesex3/2/2023Steven Ultrino33rd Middlesex3/2/2023Brian W. Murray10th Worcester3/7/2023 1 of 33
HOUSE DOCKET, NO. 3244 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 352
By Representative Lewis of Framingham, a petition (accompanied by bill, House, No. 352) of
Jack Patrick Lewis and others relative to the occupational therapist interstate licensure compact.
Consumer Protection and Professional Licensure.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to the occupational therapist interstate licensure compact.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 112A Occupational Therapy Licensure Compact
2 Section 1. DEFINITIONS
3 As used in this Compact, and except as otherwise provided, the following definitions
4shall apply:
5 A. “Active Duty Military” means full-time duty status in the active uniformed service of
6the United States, including members of the National Guard and Reserve on active duty orders
7pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211.
8 B. “Adverse Action” means any administrative, civil, equitable, or criminal action
9permitted by a State’s laws which is imposed by a Licensing Board or other authority against an
10Occupational Therapist or Occupational Therapy Assistant, including actions against an 2 of 33
11individual’s license or Compact Privilege such as censure, revocation, suspension, probation,
12monitoring of the Licensee, or restriction on the Licensee’s practice.
13 C. “Alternative Program” means a non-disciplinary monitoring process approved by an
14Occupational Therapy Licensing Board.
15 D. “Compact Privilege” means the authorization, which is equivalent to a license, granted
16by a Remote State to allow a Licensee from another Member State to practice as an Occupational
17Therapist or practice as an Occupational Therapy Assistant in the Remote State under its laws
18and rules. The Practice of Occupational Therapy occurs in the Member State where the
19patient/client is located at the time of the patient/client encounter.
20 E. “Continuing Competence/Education” means a requirement, as a condition of license
21renewal, to provide evidence of participation in, and/or completion of, educational and
22professional activities relevant to practice or area of work.
23 F. “Current Significant Investigative Information” means Investigative Information that a
24Licensing Board, after an inquiry or investigation that includes notification and an opportunity
25for the Occupational Therapist or Occupational Therapy Assistant to respond, if required by
26State law, has reason to believe is not groundless and, if proved true, would indicate more than a
27minor infraction.
28 G. “Data System” means a repository of information about Licensees, including but not
29limited to license status, Investigative Information, Compact Privileges, and Adverse Actions. 3 of 33
30 H. “Encumbered License” means a license in which an Adverse Action restricts the
31Practice of Occupational Therapy by the Licensee or said Adverse Action has been reported to
32the National Practitioners Data Bank (NPDB).
33 I. “Executive Committee” means a group of directors elected or appointed to act on
34behalf of, and within the powers granted to them by, the Commission.
35 J. “Home State” means the Member State that is the Licensee’s Primary State of
36Residence.
37 K. “Impaired Practitioner” means individuals whose professional practice is adversely
38affected by substance abuse, addiction, or other health-related conditions.
39 L. “Investigative Information” means information, records, and/or documents received or
40generated by an Occupational Therapy Licensing Board pursuant to an investigation.
41 M. “Jurisprudence Requirement” means the assessment of an individual’s knowledge of
42the laws and rules governing the Practice of Occupational Therapy in a State.
43 N. “Licensee” means an individual who currently holds an authorization from the State to
44practice as an Occupational Therapist or as an Occupational Therapy Assistant.
45 O. “Member State” means a State that has enacted the Compact.
46 P. “Occupational Therapist” means an individual who is licensed by a State to practice
47Occupational Therapy.
48 Q. “Occupational Therapy Assistant” means an individual who is licensed by a State to
49assist in the Practice of Occupational Therapy. 4 of 33
50 R. “Occupational Therapy,” “Occupational Therapy Practice,” and the “Practice of
51Occupational Therapy” mean the care and services provided by an Occupational Therapist or an
52Occupational Therapy Assistant as set forth in the Member State’s statutes and regulations.
53 S. “Occupational Therapy Compact Commission” or “Commission” means the national
54administrative body whose membership consists of all States that have enacted the Compact.
55 T. “Occupational Therapy Licensing Board” or “Licensing Board” means the agency of a
56State that is authorized to license and regulate Occupational Therapists and Occupational
57Therapy Assistants.
58 U. “Primary State of Residence” means the state (also known as the Home State) in
59which an Occupational Therapist or Occupational Therapy Assistant who is not Active Duty
60Military declares a primary residence for legal purposes as verified by: driver’s license, federal
61income tax return, lease, deed, mortgage or voter registration or other verifying documentation as
62further defined by Commission Rules.
63 V. “Remote State” means a Member State other than the Home State, where a Licensee is
64exercising or seeking to exercise the Compact Privilege.
65 W. “Rule” means a regulation promulgated by the Commission that has the force of law.
66 X. “State” means any state, commonwealth, district, or territory of the United States of
67America that regulates the Practice of Occupational Therapy.
68 Y. “Single-State License” means an Occupational Therapist or Occupational Therapy
69Assistant license issued by a Member State that authorizes practice only within the issuing State
70and does not include a Compact Privilege in any other Member State. 5 of 33
71 Z. “Telehealth” means the application of telecommunication technology to deliver
72Occupational Therapy services for assessment, intervention and/or consultation.
73 Section 2. STATE PARTICIPATION IN THE COMPACT
74 A. To participate in the Compact, a Member State shall:
75 1. License Occupational Therapists and Occupational Therapy Assistants
76 2. Participate fully in the Commission’s Data System, including but not limited to using
77the Commission’s unique identifier as defined in Rules of the Commission;
78 3. Have a mechanism in place for receiving and investigating complaints about
79Licensees;
80 4. Notify the Commission, in compliance with the terms of the Compact and Rules, of
81any Adverse Action or the availability of Investigative Information regarding a Licensee;
82 5. Implement or utilize procedures for considering the criminal history records of
83applicants for an initial Compact Privilege. These procedures shall include the submission of
84fingerprints or other biometric-based information by applicants for the purpose of obtaining an
85applicant’s criminal history record information from the Federal Bureau of Investigation and the
86agency responsible for retaining that State’s criminal records;
87 a. A Member State shall, within a time frame established by the Commission, require a
88criminal background check for a Licensee seeking/applying for a Compact Privilege whose
89Primary State of Residence is that Member State, by receiving the results of the Federal Bureau
90of Investigation criminal record search, and shall use the results in making licensure decisions. 6 of 33
91 b. Communication between a Member State, the Commission and among Member States
92regarding the verification of eligibility for licensure through the Compact shall not include any
93information received from the Federal Bureau of Investigation relating to a federal criminal
94records check performed by a Member State under Public Law 92-544.
95 6. Comply with the Rules of the Commission;
96 7. Utilize only a recognized national examination as a requirement for licensure pursuant
97to the Rules of the Commission; and
98 8. Have Continuing Competence/Education requirements as a condition for license
99renewal.
100 B. A Member State shall grant the Compact Privilege to a Licensee holding a valid
101unencumbered license in another Member State in accordance with the terms of the Compact and
102Rules.
103 C. Member States may charge a fee for granting a Compact Privilege.
104 D. A Member State shall provide for the State’s delegate to attend all Occupational
105Therapy Compact Commission meetings.
106 E. Individuals not residing in a Member State shall continue to be able to apply for a
107Member State’s Single-State License as provided under the laws of each Member State.
108However, the Single-State License granted to these individuals shall not be recognized as
109granting the Compact Privilege in any other Member State.
110 F. Nothing in this Compact shall affect the requirements established by a Member State
111for the issuance of a Single-State License. 7 of 33
112 Section 3. COMPACT PRIVILEGE
113 A. To exercise the Compact Privilege under the terms and provisions of the Compact, the
114Licensee shall:
115 1. Hold a license in the Home State;
116 2. Have a valid United States Social Security Number or National Practitioner
117Identification number;
118 3. Have no encumbrance on any State license;
119 4. Be eligible for a Compact Privilege in any Member State in accordance with Section
1204D, F, G, and H;
121 5. Have paid all fines and completed all requirements resulting from any Adverse Action
122against any license or Compact Privilege, and two years have elapsed from the date of such
123completion;
124 6. Notify the Commission that the Licensee is seeking the Compact Privilege within a
125Remote State(s);
126 7. Pay any applicable fees, including any State fee, for the Compact Privilege;
127 8. Complete a criminal background check in accordance with Section 3A(5);
128 a. The Licensee shall be responsible for the payment of any fee associated with the
129completion of a criminal background check. 8 of 33
130 9. Meet any Jurisprudence Requirements established by the Remote State(s) in which the
131Licensee is seeking a Compact Privilege; and
132 10. Report to the Commission Adverse Action taken by any non-Member State within 30
133days from the date the Adverse Action is taken.
134 B. The Compact Privilege is valid until the expiration date of the Home State license. The
135Licensee must comply with the requirements of Section 4A to maintain the Compact Privilege in
136the Remote State.
137 C. A Licensee providing Occupational Therapy in a Remote State under the Compact
138Privilege shall function within the laws and regulations of the Remote State.
139 D. Occupational Therapy Assistants practicing in a Remote State shall be supervised by
140an Occupational Therapist licensed or holding a Compact Privilege in that Remote State.
141 E. A Licensee providing Occupational Therapy in a Remote State is subject to that
142State’s regulatory authority. A Remote State may, in accordance with due process and that
143State’s laws, remove a Licensee’s Compact Privilege in the Remote State for a specific period of
144time, impose fines, and/or take any other necessary actions to protect the health and safety of its
145citizens. The Licensee may be ineligible for a Compact Privilege in any State until the specific
146time for removal has passed and all fines are paid.
147 F. If a Home State license is encumbered, the Licensee shall lose the Compact Privilege
148in any Remote State until the following occur:
149 1.The Home State license is no longer encumbered; and 9 of 33
150 2. Two years have elapsed from the date on which the Home State license is no longer
151encumbered in accordance with Section 4(F)(1).
152 G. Once an Encumbered License in the Home State is restored to good standing, the
153Licensee must meet the requirements of Section 4A to obtain a Compact Privilege in any Remote
154State.
155 H. If a Licensee’s Compact Privilege in any Remote State is removed, the individual may
156lose the Compact Privilege in any other Remote State until the following occur:
157 1. The specific period of time for which the Compact Privilege was removed has ended;
158 2. All fines have been paid and all conditions have been met;
159 3. Two years have elapsed from the date of completing requirements for 4(H)(1) and (2);
160and
161 4. The Compact Privileges are reinstated by the Commission, and the compact Data
162System is updated to reflect reinstatement.
163 I. If a Licensee’s Compact Privilege in any Remote State is removed due to an erroneous
164charge, privileges shall be restored through the compact Data System.
165 J. Once the requirements of Section 4H have been met, the Licensee must meet the
166requirements in Section 4A to obtain a Compact Privilege in a Remote State.
167 Section 4: OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF
168COMPACT PRIVILEGE 10 of 33
169 A. An Occupational Therapist or Occupational Therapy Assistant may hold a Home State
170license, which allows for Compact Privileges in Member States, in only one Member State at a
171time.
172 B. If an Occupational Therapist or Occupational Therapy Assistant changes Primary State
173of Residence by moving between two Member States:
174 1. The Occupational Therapist or Occupational Therapy Assistant shall file an application
175for obtaining a new Home State license by virtue of a Compact Privilege, pay all applicable fees,
176and notify the current and new Home State in accordance with applicable Rules adopted by the
177Commission.
178 2. Upon receipt of an application for obtaining a new Home State license by virtue of
179compact privilege, the new Home State shall verify that the Occupational Therapist or
180Occupational Therapy Assistant meets the pertinent criteria outlined in Section 4 via the Data
181System, without need for primary source verification except for:
182 a. an FBI fingerprint based criminal background check if not previously performed or
183updated pursuant to applicable Rules adopted by the Commission in accordance with Public Law
18492-544;
185 b. other criminal background check as required by the new Home State; and
186 c.submission of any requisite Jurisprudence Requirements of the new Home
187State. 11 of 33
188 3.The former Home State shall convert the former Home State license into a Compact
189Privilege once the new Home State has activated the new Home State license in accordance with
190applicable Rules adopted by the Commission.
191 4.Notwithstanding any other provision of this Compact, if the Occupational Therapist or
192Occupational Therapy Assistant cannot meet the criteria in Section 4, the new Home State shall
193apply its requirements for issuing a new Single-State License.
194 5.The Occupational Therapist or the Occupational Therapy Assistant shall pay all
195applicable fees to the new Home State in order to be issued a new Home State license.
196 C. If an Occupational Therapist or Occupational Therapy Assistant changes Primary State
197of Residence by moving from a Member State to a non-Member State, or from a non-Member
198State to a Member State, the State criteria shall apply for issuance of a Single-State License in
199the new State.
200 D. Nothing in this compact shall interfere with a Licensee’s ability to hold a Single-State
201License in multiple States; however, for the purposes of this compact, a Licensee shall have only
202one Home State license.
203 E. Nothing in this Compact shall affect the requirements established by a Member State
204for the issuance of a Single-State License.
205 Section 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
206 A. Active Duty Military personnel, or their spouses, shall designate a Home State where
207the individual has a current license in good standing. The individual may retain the Home State
208designation during the period the service member is on active duty. Subsequent to designating a 12 of 33
209Home State, the individual shall only change their Home State through application for licensure
210in the new State or through the process described in Section 5.
211 Section 6. ADVERSE ACTIONS
212 A. A Home State shall have exclusive power to impose Adverse Action against an
213Occupational Therapist’s or Occupational Therapy Assistant’s license issued by the Home State.
214 B. In addition to the other powers conferred by State law, a Remote State shall have the
215authority, in accordance with existing State due process law, to:
216 1. Take Adverse Action against an Occupational Therapist’s or Occupational Therapy
217Assistant’s Compact Privilege within that Member State.
218 2. Issue subpoenas for both hearings and investigations that require the attendance and
219testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing
220Board in a Member State for the attendance and testimony of witnesses or the production of
221evidence from another Member State shall be enforced in the latter State by any court of
222competent jurisdiction, according to the practice and procedure of that court applicable to
223subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness
224fees, travel expenses, mileage and other fees required by the service statutes of the State in which
225the witnesses or evidence are located.
226 C. For purposes of taking Adverse Action, the Home State shall give the same priority
227and effect to reported conduct received from a Member State as it would if the conduct had
228occurred within the Home State. In so doing, the Home State shall apply its own State laws to
229determine appropriate action. 13 of 33
230 D. The Home State shall complete any pending investigations of an Occupational
231Therapist or Occupational Therapy Assistant who changes Primary State of Residence during the
232course of the investigations. The Home State, where the investigations were initiated, shall also
233have the authority to take appropriate action(s) and shall promptly report the conclusions of the
234investigations to the OT Compact Commission Data System. The Occupational Therapy
235Compact Commission Data System administrator shall promptly notify the new Home State of
236any Adverse Actions.
237 E. A Member State, if otherwise permitted by State law, may recover from the affected
238Occupational Therapist or Occupational Therapy Assistant the costs of investigations and
239disposition of cases resulting from any Adverse Action taken against that Occupational Therapist
240or Occupational Therapy Assistant.
241 F. A Member State may take Adverse Action based on the factual findings of the Remote
242State, provided that the Member State follows its own procedures for taking the Adverse Action.
243 G. Joint Investigations
244 1. In addition to the authority granted to a Member State by its respective State
245Occupational Therapy laws and regulations or other applicable State law, any Member State may
246participate with other Member States in joint investigations of Licensees.
247 2. Member States shall share any investigative, litigation, or compliance materials in
248furtherance of any joint or individual investigation initiated under the Compact.
249 H. If an Adverse Action is taken by the Home State against an Occupational Therapist’s
250or Occupational Therapy Assistant’s license, the Occupational Therapist’s or Occupational 14 of 33
251Therapy Assistant’s Compact Privilege in all other Member States shall be deactivated until all
252encumbrances have been removed from the State license. All Home State disciplinary orders that
253impose Adverse Action against an Occupational Therapist’s or Occupational Therapy Assistant’s
254license shall include a Statement that the Occupational Therapist’s or Occupational Therapy
255Assistant’s Compact Privilege is deactivated in all Member States during the pendency of the
256order.
257 I. If a Member State takes Adverse Action, it shall promptly notify the administrator of
258the Data System. The administrator of the Data System shall promptly notify the Home State of
259any Adverse Actions by Remote States.
260 J. Nothing in this Compact shall override a Member State’s decision that participation in
261an Alternative Program may be used in lieu of Adverse Action.
262 Section 7. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT
263COMMISSION.
264 A. The Compact Member States hereby create and establish a joint public agency known
265as the Occupational Therapy Compact Commission:
266 1. The Commission is an instrumentality of the Compact States.
267 2. Venue is proper and judicial proceedings by or against the Commission shall be
268brought solely and exclusively in a court of competent jurisdiction where the principal office of
269the Commission is located. The Commission may waive venue and jurisdictional defenses to the
270extent it adopts or consents to participate in alternative dispute resolution proceedings.
271 3.Nothing in this Compact shall be construed to be a waiver of sovereign immunity. 15 of 33
272 B. Membership, Voting, and Meetings
273 1. Each Member State shall have and be limited to one (1) delegate selected by that
274Member State’s Licensing Board.
275 2. The delegate shall be either:
276 a. A current member of the Licensing Board, who is an Occupational Therapist,
277Occupational Therapy Assistant, or public member; or
278 b. An administrator of the Licensing Board.
279 3. Any delegate may be removed or suspended from office as provided by the law of the
280State from which the delegate is appointed.
281 4. The Member State board shall fill any vacancy occurring in the Commission within 90
282days.
283 5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of Rules
284and creation of bylaws and shall otherwise have an opportunity to participate in the business and
285affairs of the Commission. A delegate shall vote in person or by such other means as provided in
286the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or
287other means of communication.
288 6. The Commission shall meet at least once during each calendar year. Additional
289meetings shall be held as set forth in the bylaws.
290 7. The Commission shall establish by Rule a term of office for delegates.
291 C. The Commission shall have the following powers and duties: 16 of 33
292 1. Establish a Code of Ethics for the Commission;
293 2. Establish the fiscal year of the Commission;
294 3. Establish bylaws;
295 4. Maintain its financial records in accordance with the bylaws;
296 5. Meet and take such actions as are consistent with the provisions of this Compact and
297the bylaws;
298 6. Promulgate uniform Rules to facilitate and coordinate implementation and
299administration of this Compact. The Rules shall have the force and effect of law and shall be
300binding in all Member States;
301 7. Bring and prosecute legal proceedings or actions in the name of the Commission,
302provided that the standing of any State Occupational Therapy Licensing Board to sue or be sued
303under applicable law shall not be affected;
304 8. Purchase and maintain insurance and bonds;
305 9. Borrow, accept, or contract for services of personnel, including, but not limited to,
306employees of a Member State;
307 10. Hire employees, elect or appoint officers, fix compensation, define duties, grant such
308individuals appropriate authority to carry out the purposes of the Compact, and establish the
309Commission’s personnel policies and programs relating to conflicts of interest, qualifications of
310personnel, and other related personnel matters; 17 of 33
311 11. Accept any and all appropriate donations and grants of money, equipment, supplies,
312materials and services, and receive, utilize and dispose of the same; provided that at all times the
313Commission shall avoid any appearance of impropriety and/or conflict of interest;
314 12. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,
315improve or use, any property, real, personal or mixed; provided that at all times the Commission
316shall avoid any appearance of impropriety;
317 13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
318any property real, personal, or mixed;
319 14. Establish a budget and make expenditures;
320 15. Borrow money;
321 16. Appoint committees, including standing committees composed of members, State
322regulators, State legislators or their representatives, and consumer representatives, and such other
323interested persons as may be designated in this Compact and the bylaws;
324 17. Provide and receive information from, and cooperate with, law enforcement agencies;
325 18. Establish and elect an Executive Committee; and
326 19. Perform such other functions as may be necessary or appropriate to achieve the
327purposes of this Compact consistent with the State regulation of Occupational Therapy licensure
328and practice.
329 D. The Executive Committee 18 of 33
330 The Executive Committee shall have the power to act on behalf of the Commission
331according to the terms of this Compact.
332 1. The Executive Committee shall be composed of nine members:
333 a. Seven voting members who are elected by the Commission from the current
334membership of the Commission;
335 b. One ex-officio, nonvoting member from a recognized national Occupational Therapy
336professional association; and
337 c. One ex-officio, nonvoting member from a recognized national Occupational Therapy
338certification organization.
339 2. The ex-officio members will be selected by their respective organizations.
340 3. The Commission may remove any member of the Executive Committee as provided in
341bylaws.
342 4. The Executive Committee shall meet at least annually.
343 5. The Executive Committee shall have the following Duties and responsibilities:
344 a. Recommend to the entire Commission changes to the Rules or bylaws, changes to this
345Compact legislation, fees paid by Compact Member States such as annual dues, and any
346Commission Compact fee charged to Licensees for the Compact Privilege;
347 b. Ensure Compact administration services are appropriately provided, contractual or
348otherwise; 19 of 33
349 c. Prepare and recommend the budget;
350 d. Maintain financial records on behalf of the Commission;
351 e. Monitor Compact compliance of Member States and provide compliance reports to the
352Commission;
353 f. Establish additional committees as necessary; and
354 g. Perform other duties as provided in Rules or bylaws.
355 E. Meetings of the Commission
356 1. All meetings shall be open to the public, and public notice of meetings shall be given
357in the same manner as required under the Rulemaking provisions in Section 10.
358 2. The Commission or the Executive Committee or other committees of the Commission
359may convene in a closed, non-public meeting if the Commission or Executive Committee or
360other committees of the Commission must discuss:
361 a. Non-compliance of a Member State with its obligations under the Compact;
362 b. The employment, compensation, discipline or other matters, practices or procedures
363related to specific employees or other matters related to the Commission’s internal personnel
364practices and procedures;
365 c. Current, threatened, or reasonably anticipated litigation;
366 d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
367estate; 20 of 33
368 e. Accusing any person of a crime or formally censuring any person;
369 f. Disclosure of trade secrets or commercial or financial information that is privileged or
370confidential;
371 g. Disclosure of information of a personal nature where disclosure would constitute a
372clearly unwarranted invasion of personal privacy;
373 h. Disclosure of investigative records compiled for law enforcement purposes;
374 i. Disclosure of information related to any investigative reports prepared by or on behalf
375of or for use of the Commission or other committee charged with responsibility of investigation
376or determination of compliance issues pursuant to the Compact; or
377 j. Matters specifically exempted from disclosure by federal or Member State statute.
378 3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
379Commission’s legal counsel or designee shall certify that the meeting may be closed and shall
380reference each relevant exempting provision.
381 4. The Commission shall keep minutes that fully and clearly describe all matters
382discussed in a meeting and shall provide a full and accurate summary of actions taken, and the
383reasons therefore, including a description of the views expressed. All documents considered in
384connection with an action shall be identified in such minutes. All minutes and documents of a
385closed meeting shall remain under seal, subject to release by a majority vote of the Commission
386or order of a court of competent jurisdiction.
387 F. Financing of the Commission 21 of 33
388 1.The Commission shall pay, or provide for the payment of, the reasonable expenses of
389its establishment, organization, and ongoing activities.
390 2.The Commission may accept any and all appropriate revenue sources, donations, and
391grants of money, equipment, supplies, materials, and services.
392 3.The Commission may levy on and collect an annual assessment from each Member
393State or impose fees on other parties to cover the cost of the operations and activities of the
394Commission and its staff, which must be in a total amount sufficient to cover its annual budget as
395approved by the Commission each year for which revenue is not provided by other sources. The
396aggregate annual assessment amount shall be allocated based upon a formula to be determined
397by the Commission, which shall promulgate a Rule binding upon all Member States.
398 4.The Commission shall not incur obligations of any kind prior to securing the funds
399adequate to meet the same; nor shall the Commission pledge the credit of any of the Member
400States, except by and with the authority of the Member State.
401 5.The Commission shall keep accurate accounts of all receipts and disbursements. The
402receipts and disbursements of the Commission shall be subject to the audit and accounting
403procedures established under its bylaws. However, all receipts and disbursements of funds
404handled by the Commission shall be audited yearly by a certified or licensed public accountant,
405and the report of the audit shall be included in and become part of the annual report of the
406Commission.
407 G.Qualified Immunity, Defense, and Indemnification 22 of 33
408 1. The members, officers, executive director, employees and representatives of the
409Commission shall be immune from suit and liability, either personally or in their official
410capacity, for any claim for damage to or loss of property or personal injury or other civil liability
411caused by or arising out of any actual or alleged act, error or omission that occurred, or that the
412person against whom the claim is made had a reasonable basis for believing occurred within the
413scope of Commission employment, duties or responsibilities; provided that nothing in this
414paragraph shall be construed to protect any such person from suit and/or liability for any damage,
415loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
416 2. The Commission shall defend any member, officer, executive director, employee, or
417representative of the Commission in any civil action seeking to impose liability arising out of
418any actual or alleged act, error, or omission that occurred within the scope of Commission
419employment, duties, or responsibilities, or that the person against whom the claim is made had a
420reasonable basis for believing occurred within the scope of Commission employment, duties, or
421responsibilities; provided that nothing herein shall be construed to prohibit that person from
422retaining his or her own counsel; and provided further, that the actual or alleged act, error, or
423omission did not result from that person’s intentional or willful or wanton misconduct.
424 3. The Commission shall indemnify and hold harmless any member, officer, executive
425director, employee, or representative of the Commission for the amount of any settlement or
426judgment obtained against that person arising out of any actual or alleged act, error or omission
427that occurred within the scope of Commission employment, duties, or responsibilities, or that
428such person had a reasonable basis for believing occurred within the scope of Commission
429employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission
430did not result from the intentional or willful or wanton misconduct of that person. 23 of 33
431 Section 8. DATA SYSTEM
432 A. The Commission shall provide for the development, maintenance, and utilization of a
433coordinated database and reporting system containing licensure, Adverse Action, and
434Investigative Information on all licensed individuals in Member States.
435 B. A Member State shall submit a uniform data set to the Data System on all individuals
436to whom this Compact is applicable (utilizing a unique identifier) as required by the Rules of the
437Commission, including:
438 1. Identifying information;
439 2. Licensure data;
440 3. Adverse Actions against a license or Compact Privilege;
441 4. Non-confidential information related to Alternative Program participation;
442 5. Any denial of application for licensure, and the reason(s) for such denial;
443 6. Other information that may facilitate the administration of this Compact, as determined
444by the Rules of the Commission; and
445 7. Current Significant Investigative Information.
446 C. Current Significant Investigative Information and other Investigative Information
447pertaining to a Licensee in any Member State will only be available to other Member States. 24 of 33
448 D. The Commission shall promptly notify all Member States of any Adverse Action
449taken against a Licensee or an individual applying for a license. Adverse Action information
450pertaining to a Licensee in any Member State will be available to any other Member State.
451 E. Member States contributing information to the Data System may designate
452information that may not be shared with the public without the express permission of the
453contributing State.
454 F. Any information submitted to the Data System that is subsequently required to be
455expunged by the laws of the Member State contributing the information shall be removed from
456the Data System.
457 Section 9. RULEMAKING
458 A. The Commission shall exercise its Rulemaking powers pursuant to the criteria set
459forth in this Section and the Rules adopted thereunder. Rules and amendments shall become
460binding as of the date specified in each Rule or amendment.
461 B. The Commission shall promulgate reasonable rules in order to effectively and
462efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, in the event the
463Commission exercises its rulemaking authority in a manner that is beyond the scope of the
464purposes of the Compact, or the powers granted hereunder, then such an action by the
465Commission shall be invalid and have no force and effect.
466 C. If a majority of the legislatures of the Member States rejects a Rule, by enactment of a
467statute or resolution in the same manner used to adopt the Compact within 4 years of the date of
468adoption of the Rule, then such Rule shall have no further force and effect in any Member State. 25 of 33
469 D. Rules or amendments to the Rules shall be adopted at a regular or special meeting of
470the Commission.
471 E. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at
472least thirty (30) days in advance of the meeting at which the Rule will be considered and voted
473upon, the Commission shall file a Notice of Proposed Rulemaking:
474 1. On the website of the Commission or other publicly accessible platform; and
475 2. On the website of each Member State Occupational Therapy Licensing Board or other
476publicly accessible platform or the publication in which each State would otherwise publish
477proposed Rules.
478 F. The Notice of Proposed Rulemaking shall include:
479 1. The proposed time, date, and location of the meeting in which the Rule will be
480considered and voted upon;
481 2. The text of the proposed Rule or amendment and the reason for the proposed Rule;
482 3. A request for comments on the proposed Rule from any interested person; and
483 4. The manner in which interested persons may submit notice to the Commission of their
484intention to attend the public hearing and any written comments.
485 G. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit
486written data, facts, opinions, and arguments, which shall be made available to the public.
487 H. The Commission shall grant an opportunity for a public hearing before it adopts a
488Rule or amendment if a hearing is requested by: 26 of 33
489 1. At least twenty five (25) persons;
490 2. A State or federal governmental subdivision or agency; or
491 3. An association or organization having at least twenty five (25) members.
492 I. If a hearing is held on the proposed Rule or amendment, the Commission shall publish
493the place, time, and date of the scheduled public hearing. If the hearing is held via electronic
494means, the Commission shall publish the mechanism for access to the electronic hearing.
495 1. All persons wishing to be heard at the hearing shall notify the executive director of the
496Commission or other designated member in writing of their desire to appear and testify at the
497hearing not less than five (5) business days before the scheduled date of the hearing.
498 2. Hearings shall be conducted in a manner providing each person who wishes to
499comment a fair and reasonable opportunity to comment orally or in writing.
500 3. All hearings will be recorded. A copy of the recording will be made available on
501request.
502 4. Nothing in this section shall be construed as requiring a separate hearing on each Rule.
503Rules may be grouped for the convenience of the Commission at hearings required by this
504section.
505 J. Following the scheduled hearing date, or by the close of business on the scheduled
506hearing date if the hearing was not held, the Commission shall consider all written and oral
507comments received. 27 of 33
508 K. If no written notice of intent to attend the public hearing by interested parties is
509received, the Commission may proceed with promulgation of the proposed Rule without a public
510hearing.
511 L. The Commission shall, by majority vote of all members, take final action on the
512proposed Rule and shall determine the effective date of the Rule, if any, based on the
513Rulemaking record and the full text of the Rule.
514 M. Upon determination that an emergency exists, the Commission may consider and
515adopt an emergency Rule without prior notice, opportunity for comment, or hearing, provided
516that the usual Rulemaking procedures provided in the Compact and in this section shall be
517retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90)
518days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is
519one that must be adopted immediately in order to:
520 1. Meet an imminent threat to public health, safety, or welfare;
521 2. Prevent a loss of Commission or Member State funds;
522 3. Meet a deadline for the promulgation of an administrative Rule that is established by
523federal law or Rule; or
524 4. Protect public health and safety.
525 N. The Commission or an authorized committee of the Commission may direct revisions
526to a previously adopted Rule or amendment for purposes of correcting typographical errors,
527errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall
528be posted on the website of the Commission. The revision shall be subject to challenge by any 28 of 33
529person for a period of thirty (30) days after posting. The revision may be challenged only on
530grounds that the revision results in a material change to a Rule. A challenge shall be made in
531writing and delivered to the chair of the Commission prior to the end of the notice
532period. If no challenge is made, the revision will take effect without further action. If the revision
533is challenged, the revision may not take effect without the approval of the Commission.
534 Section 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
535 A. Oversight
536 1. The executive, legislative, and judicial branches of State government in each Member
537State shall enforce this Compact and take all actions necessary and appropriate to effectuate the
538Compact’s purposes and intent. The provisions of this Compact and the Rules promulgated
539hereunder shall have standing as statutory law.
540 2. All courts shall take judicial notice of the Compact and the Rules in any judicial or
541administrative proceeding in a Member State pertaining to the subject matter of this Compact
542which may affect the powers, responsibilities, or actions of the Commission.
543 3. The Commission shall be entitled to receive service of process in any such proceeding,
544and shall have standing to intervene in such a proceeding for all purposes. Failure to provide
545service of process to the Commission shall render a judgment or order void as to the
546Commission, this Compact, or promulgated Rules.
547 B. Default, Technical Assistance, and Termination 29 of 33
548 1. If the Commission determines that a Member State has defaulted in the performance of
549its obligations or responsibilities under this Compact or the promulgated Rules, the Commission
550shall:
551 a. Provide written notice to the defaulting State and other Member States of the nature of
552the default, the proposed means of curing the default and/or any other action to be taken by the
553Commission; and
554 b. Provide remedial training and specific technical assistance regarding the default.
555 2. If a State in default fails to cure the default, the defaulting State may be terminated
556from the Compact upon an affirmative vote of a majority of the Member States, and all rights,
557privileges and benefits conferred by this Compact may be terminated on the effective date of
558termination. A cure of the default does not relieve the offending State of obligations or liabilities
559incurred during the period of default.
560 3. Termination of membership in the Compact shall be imposed only after all other
561means of securing compliance have been exhausted. Notice of intent to suspend or terminate
562shall be given by the Commission to the governor, the majority and minority leaders of the
563defaulting State’s legislature, and each of the Member States.
564 4. A State that has been terminated is responsible for all assessments, obligations, and
565liabilities incurred through the effective date of termination, including obligations that extend
566beyond the effective date of termination. 30 of 33
567 5. The Commission shall not bear any costs related to a State that is found to be in default
568or that has been terminated from the Compact, unless agreed upon in writing between the
569Commission and the defaulting State.
570 6. The defaulting State may appeal the action of the Commission by petitioning the U.S.
571District Court for the District of Columbia or the federal district where the Commission has its
572principal offices. The prevailing member shall be awarded all costs of such litigation, including
573reasonable attorney’s fees.
574 C. Dispute Resolution
575 1. Upon request by a Member State, the Commission shall attempt to resolve disputes
576related to the Compact that arise among Member States and between member and non-Member
577States.
578 2. The Commission shall promulgate a Rule providing for both mediation and binding
579dispute resolution for disputes as appropriate.
580 D. Enforcement
581 1. The Commission, in the reasonable exercise of its discretion, shall enforce the
582provisions and Rules of this Compact.
583 2. By majority vote, the Commission may initiate legal action in the United States
584District Court for the District of Columbia or the federal district where the Commission has its
585principal offices against a Member State in default to enforce compliance with the provisions of
586the Compact and its promulgated Rules and bylaws. The relief sought may include both 31 of 33
587injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
588member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
589 3. The remedies herein shall not be the exclusive remedies of the Commission. The
590Commission may pursue any other remedies available under federal or State law.
591 Section 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
592FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED RULES,
593WITHDRAWAL, AND AMENDMENT
594 A. The Compact shall come into effect on the date on which the Compact statute is
595enacted into law in the tenth Member State. The provisions, which become effective at that time,
596shall be limited to the powers granted to the Commission relating to assembly and the
597promulgation of Rules. Thereafter, the Commission shall meet and exercise Rulemaking powers
598necessary to the implementation and administration of the Compact.
599 B. Any State that joins the Compact subsequent to the Commission’s initial adoption of
600the Rules shall be subject to the Rules as they exist on the date on which the Compact becomes
601law in that State. Any Rule that has been previously adopted by the Commission shall have the
602full force and effect of law on the day the Compact becomes law in that State.
603 C. Any Member State may withdraw from this Compact by enacting a statute repealing
604the same.
605 1. A Member State’s withdrawal shall not take effect until six (6) months after enactment
606of the repealing statute. 32 of 33
607 2. Withdrawal shall not affect the continuing requirement of the withdrawing State’s
608Occupational Therapy Licensing Board to comply with the investigative and Adverse Action
609reporting requirements of this act prior to the effective date of withdrawal.
610 D. Nothing contained in this Compact shall be construed to invalidate or prevent any
611Occupational Therapy licensure agreement or other cooperative arrangement between a Member
612State and a non-Member State that does not conflict with the provisions of this Compact.
613 E. This Compact may be amended by the Member States. No amendment to this Compact
614shall become effective and binding upon any Member State until it is enacted into the laws of all
615Member States.
616 Section 12. CONSTRUCTION AND SEVERABILITY
617 This Compact shall be liberally construed so as to effectuate the purposes thereof. The
618provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of
619this Compact is declared to be contrary to the constitution of any Member State or of the United
620States or the applicability thereof to any government, agency, person, or circumstance is held
621invalid, the validity of the remainder of this Compact and the applicability thereof to any
622government, agency, person, or circumstance shall not be affected thereby. If this Compact shall
623be held contrary to the constitution of any Member State, the Compact shall remain in full force
624and effect as to the remaining Member States and in full force and effect as to the Member State
625affected as to all severable matters.
626 Section 13. BINDING EFFECT OF COMPACT AND OTHER LAWS 33 of 33
627 A. A Licensee providing Occupational Therapy in a Remote State under the Compact
628Privilege shall function within the laws and regulations of the Remote State.
629 B. Nothing herein prevents the enforcement of any other law of a Member State that is
630not inconsistent with the Compact.
631 C. Any laws in a Member State in conflict with the Compact are superseded to the extent
632of the conflict.
633 D. Any lawful actions of the Commission, including all Rules and bylaws promulgated
634by the Commission, are binding upon the Member States.
635 E. All agreements between the Commission and the Member States are binding in
636accordance with their terms.
637 F. In the event any provision of the Compact exceeds the constitutional limits imposed on
638the legislature of any Member State, the provision shall be ineffective to the extent of the conflict
639with the constitutional provision in question in that Member State.