Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S256 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1426 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 256
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan B. Lovely
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the occupational therapist interstate licensure compact.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Joan B. LovelySecond Essex 1 of 33
16	16	SENATE DOCKET, NO. 1426 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 256
18	18	By Ms. Lovely, a petition (accompanied by bill, Senate, No. 256) of Joan B. Lovely for
19	19	legislation relative to the occupational therapist interstate licensure compact. Consumer
20	20	Protection and Professional Licensure.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 187 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to the occupational therapist interstate licensure compact.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 The General Laws are hereby amended by inserting, after chapter 112, the following
32	32	2chapter:-
33	33	3 Chapter 112A Occupational Therapy Licensure Compact
34	34	4 Section 1. DEFINITIONS
35	35	5 As used in this Compact, and except as otherwise provided, the following definitions
36	36	6shall apply:
37	37	7 A. “Active Duty Military” means full-time duty status in the active uniformed service of
38	38	8the United States, including members of the National Guard and Reserve on active duty orders
39	39	9pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211. 2 of 33
40	40	10 B. “Adverse Action” means any administrative, civil, equitable, or criminal action
41	41	11permitted by a State’s laws which is imposed by a Licensing Board or other authority against an
42	42	12Occupational Therapist or Occupational Therapy Assistant, including actions against an
43	43	13individual’s license or Compact Privilege such as censure, revocation, suspension, probation,
44	44	14monitoring of the Licensee, or restriction on the Licensee’s practice.
45	45	15 C. “Alternative Program” means a non-disciplinary monitoring process approved by an
46	46	16Occupational Therapy Licensing Board.
47	47	17 D. “Compact Privilege” means the authorization, which is equivalent to a license, granted
48	48	18by a Remote State to allow a Licensee from another Member State to practice as an Occupational
49	49	19Therapist or practice as an Occupational Therapy Assistant in the Remote State under its laws
50	50	20and rules. The Practice of Occupational Therapy occurs in the Member State where the
51	51	21patient/client is located at the time of the patient/client encounter.
52	52	22 E. “Continuing Competence/Education” means a requirement, as a condition of license
53	53	23renewal, to provide evidence of participation in, and/or completion of, educational and
54	54	24professional activities relevant to practice or area of work.
55	55	25 F. “Current Significant Investigative Information” means Investigative Information that a
56	56	26Licensing Board, after an inquiry or investigation that includes notification and an opportunity
57	57	27for the Occupational Therapist or Occupational Therapy Assistant to respond, if required by
58	58	28State law, has reason to believe is not groundless and, if proved true, would indicate more than a
59	59	29minor infraction.
60	60	30 G. “Data System” means a repository of information about Licensees, including but not
61	61	31limited to license status, Investigative Information, Compact Privileges, and Adverse Actions. 3 of 33
62	62	32 H. “Encumbered License” means a license in which an Adverse Action restricts the
63	63	33Practice of Occupational Therapy by the Licensee or said Adverse Action has been reported to
64	64	34the National Practitioners Data Bank (NPDB).
65	65	35 I. “Executive Committee” means a group of directors elected or appointed to act on
66	66	36behalf of, and within the powers granted to them by, the Commission.
67	67	37 J. “Home State” means the Member State that is the Licensee’s Primary State of
68	68	38Residence.
69	69	39 K. “Impaired Practitioner” means individuals whose professional practice is adversely
70	70	40affected by substance abuse, addiction, or other health-related conditions.
71	71	41 L. “Investigative Information” means information, records, and/or documents received or
72	72	42generated by an Occupational Therapy Licensing Board pursuant to an investigation.
73	73	43 M. “Jurisprudence Requirement” means the assessment of an individual’s knowledge of
74	74	44the laws and rules governing the Practice of Occupational Therapy in a State.
75	75	45 N. “Licensee” means an individual who currently holds an authorization from the State to
76	76	46practice as an Occupational Therapist or as an Occupational Therapy Assistant.
77	77	47 O. “Member State” means a State that has enacted the Compact.
78	78	48 P. “Occupational Therapist” means an individual who is licensed by a State to practice
79	79	49Occupational Therapy.
80	80	50 Q. “Occupational Therapy Assistant” means an individual who is licensed by a State to
81	81	51assist in the Practice of Occupational Therapy. 4 of 33
82	82	52 R. “Occupational Therapy,” “Occupational Therapy Practice,” and the “Practice of
83	83	53Occupational Therapy” mean the care and services provided by an Occupational Therapist or an
84	84	54Occupational Therapy Assistant as set forth in the Member State’s statutes and regulations.
85	85	55 S. “Occupational Therapy Compact Commission” or “Commission” means the national
86	86	56administrative body whose membership consists of all States that have enacted the Compact.
87	87	57 T. “Occupational Therapy Licensing Board” or “Licensing Board” means the agency of a
88	88	58State that is authorized to license and regulate Occupational Therapists and Occupational
89	89	59Therapy Assistants.
90	90	60 U. “Primary State of Residence” means the state (also known as the Home State) in
91	91	61which an Occupational Therapist or Occupational Therapy Assistant who is not Active Duty
92	92	62Military declares a primary residence for legal purposes as verified by: driver’s license, federal
93	93	63income tax return, lease, deed, mortgage or voter registration or other verifying documentation as
94	94	64further defined by Commission Rules.
95	95	65 V. “Remote State” means a Member State other than the Home State, where a Licensee is
96	96	66exercising or seeking to exercise the Compact Privilege.
97	97	67 W. “Rule” means a regulation promulgated by the Commission that has the force of law.
98	98	68 X. “State” means any state, commonwealth, district, or territory of the United States of
99	99	69America that regulates the Practice of Occupational Therapy.
100	100	70 Y. “Single-State License” means an Occupational Therapist or Occupational Therapy
101	101	71Assistant license issued by a Member State that authorizes practice only within the issuing State
102	102	72and does not include a Compact Privilege in any other Member State. 5 of 33
103	103	73 Z. “Telehealth” means the application of telecommunication technology to deliver
104	104	74Occupational Therapy services for assessment, intervention and/or consultation.
105	105	75 Section 2. STATE PARTICIPATION IN THE COMPACT
106	106	76 A. To participate in the Compact, a Member State shall:
107	107	77 1. License Occupational Therapists and Occupational Therapy Assistants
108	108	78 2. Participate fully in the Commission’s Data System, including but not limited to using
109	109	79the Commission’s unique identifier as defined in Rules of the Commission;
110	110	80 3. Have a mechanism in place for receiving and investigating complaints about
111	111	81Licensees;
112	112	82 4. Notify the Commission, in compliance with the terms of the Compact and Rules, of
113	113	83any Adverse Action or the availability of Investigative Information regarding a Licensee;
114	114	84 5. Implement or utilize procedures for considering the criminal history records of
115	115	85applicants for an initial Compact Privilege. These procedures shall include the submission of
116	116	86fingerprints or other biometric-based information by applicants for the purpose of obtaining an
117	117	87applicant’s criminal history record information from the Federal Bureau of Investigation and the
118	118	88agency responsible for retaining that State’s criminal records;
119	119	89 a. A Member State shall, within a time frame established by the Commission, require a
120	120	90criminal background check for a Licensee seeking/applying for a Compact Privilege whose
121	121	91Primary State of Residence is that Member State, by receiving the results of the Federal Bureau
122	122	92of Investigation criminal record search, and shall use the results in making licensure decisions. 6 of 33
123	123	93 b. Communication between a Member State, the Commission and among Member States
124	124	94regarding the verification of eligibility for licensure through the Compact shall not include any
125	125	95information received from the Federal Bureau of Investigation relating to a federal criminal
126	126	96records check performed by a Member State under Public Law 92-544.
127	127	97 6. Comply with the Rules of the Commission;
128	128	98 7. Utilize only a recognized national examination as a requirement for licensure pursuant
129	129	99to the Rules of the Commission; and
130	130	100 8. Have Continuing Competence/Education requirements as a condition for license
131	131	101renewal.
132	132	102 B. A Member State shall grant the Compact Privilege to a Licensee holding a valid
133	133	103unencumbered license in another Member State in accordance with the terms of the Compact and
134	134	104Rules.
135	135	105 C. Member States may charge a fee for granting a Compact Privilege.
136	136	106 D. A Member State shall provide for the State’s delegate to attend all Occupational
137	137	107Therapy Compact Commission meetings.
138	138	108 E. Individuals not residing in a Member State shall continue to be able to apply for a
139	139	109Member State’s Single-State License as provided under the laws of each Member State.
140	140	110However, the Single-State License granted to these individuals shall not be recognized as
141	141	111granting the Compact Privilege in any other Member State.
142	142	112 F. Nothing in this Compact shall affect the requirements established by a Member State
143	143	113for the issuance of a Single-State License. 7 of 33
144	144	114 Section 3. COMPACT PRIVILEGE
145	145	115 A. To exercise the Compact Privilege under the terms and provisions of the Compact, the
146	146	116Licensee shall:
147	147	117 1. Hold a license in the Home State;
148	148	118 2. Have a valid United States Social Security Number or National Practitioner
149	149	119Identification number;
150	150	120 3. Have no encumbrance on any State license;
151	151	121 4. Be eligible for a Compact Privilege in any Member State in accordance with Section
152	152	1224D, F, G, and H;
153	153	123 5. Have paid all fines and completed all requirements resulting from any Adverse Action
154	154	124against any license or Compact Privilege, and two years have elapsed from the date of such
155	155	125completion;
156	156	126 6. Notify the Commission that the Licensee is seeking the Compact Privilege within a
157	157	127Remote State(s);
158	158	128 7. Pay any applicable fees, including any State fee, for the Compact Privilege;
159	159	129 8. Complete a criminal background check in accordance with Section 3A(5);
160	160	130 a. The Licensee shall be responsible for the payment of any fee associated with the
161	161	131completion of a criminal background check. 8 of 33
162	162	132 9. Meet any Jurisprudence Requirements established by the Remote State(s) in which the
163	163	133Licensee is seeking a Compact Privilege; and
164	164	134 10. Report to the Commission Adverse Action taken by any non-Member State within 30
165	165	135days from the date the Adverse Action is taken.
166	166	136 B. The Compact Privilege is valid until the expiration date of the Home State license. The
167	167	137Licensee must comply with the requirements of Section 4A to maintain the Compact Privilege in
168	168	138the Remote State.
169	169	139 C. A Licensee providing Occupational Therapy in a Remote State under the Compact
170	170	140Privilege shall function within the laws and regulations of the Remote State.
171	171	141 D. Occupational Therapy Assistants practicing in a Remote State shall be supervised by
172	172	142an Occupational Therapist licensed or holding a Compact Privilege in that Remote State.
173	173	143 E. A Licensee providing Occupational Therapy in a Remote State is subject to that
174	174	144State’s regulatory authority. A Remote State may, in accordance with due process and that
175	175	145State’s laws, remove a Licensee’s Compact Privilege in the Remote State for a specific period of
176	176	146time, impose fines, and/or take any other necessary actions to protect the health and safety of its
177	177	147citizens. The Licensee may be ineligible for a Compact Privilege in any State until the specific
178	178	148time for removal has passed and all fines are paid.
179	179	149 F. If a Home State license is encumbered, the Licensee shall lose the Compact Privilege
180	180	150in any Remote State until the following occur:
181	181	151 1.The Home State license is no longer encumbered; and 9 of 33
182	182	152 2. Two years have elapsed from the date on which the Home State license is no longer
183	183	153encumbered in accordance with Section 4(F)(1).
184	184	154 G. Once an Encumbered License in the Home State is restored to good standing, the
185	185	155Licensee must meet the requirements of Section 4A to obtain a Compact Privilege in any Remote
186	186	156State.
187	187	157 H. If a Licensee’s Compact Privilege in any Remote State is removed, the individual may
188	188	158lose the Compact Privilege in any other Remote State until the following occur:
189	189	159 1. The specific period of time for which the Compact Privilege was removed has ended;
190	190	160 2. All fines have been paid and all conditions have been met;
191	191	161 3. Two years have elapsed from the date of completing requirements for 4(H)(1) and (2);
192	192	162and
193	193	163 4. The Compact Privileges are reinstated by the Commission, and the compact Data
194	194	164System is updated to reflect reinstatement.
195	195	165 I. If a Licensee’s Compact Privilege in any Remote State is removed due to an erroneous
196	196	166charge, privileges shall be restored through the compact Data System.
197	197	167 J. Once the requirements of Section 4H have been met, the Licensee must meet the
198	198	168requirements in Section 4A to obtain a Compact Privilege in a Remote State.
199	199	169 Section 4: OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF
200	200	170COMPACT PRIVILEGE 10 of 33
201	201	171 A. An Occupational Therapist or Occupational Therapy Assistant may hold a Home State
202	202	172license, which allows for Compact Privileges in Member States, in only one Member State at a
203	203	173time.
204	204	174 B. If an Occupational Therapist or Occupational Therapy Assistant changes Primary State
205	205	175of Residence by moving between two Member States:
206	206	176 1. The Occupational Therapist or Occupational Therapy Assistant shall file an application
207	207	177for obtaining a new Home State license by virtue of a Compact Privilege, pay all applicable fees,
208	208	178and notify the current and new Home State in accordance with applicable Rules adopted by the
209	209	179Commission.
210	210	180 2. Upon receipt of an application for obtaining a new Home State license by virtue of
211	211	181compact privilege, the new Home State shall verify that the Occupational Therapist or
212	212	182Occupational Therapy Assistant meets the pertinent criteria outlined in Section 4 via the Data
213	213	183System, without need for primary source verification except for:
214	214	184 a. an FBI fingerprint based criminal background check if not previously performed or
215	215	185updated pursuant to applicable Rules adopted by the Commission in accordance with Public Law
216	216	18692-544;
217	217	187 b. other criminal background check as required by the new Home State; and
218	218	188 c.submission of any requisite Jurisprudence Requirements of the new Home State.
219	219	189 3.The former Home State shall convert the former Home State license into a Compact
220	220	190Privilege once the new Home State has activated the new Home State license in accordance with
221	221	191applicable Rules adopted by the Commission. 11 of 33
222	222	192 4.Notwithstanding any other provision of this Compact, if the Occupational Therapist or
223	223	193Occupational Therapy Assistant cannot meet the criteria in Section 4, the new Home State shall
224	224	194apply its requirements for issuing a new Single-State License.
225	225	195 5.The Occupational Therapist or the Occupational Therapy Assistant shall pay all
226	226	196applicable fees to the new Home State in order to be issued a new Home State license.
227	227	197 C. If an Occupational Therapist or Occupational Therapy Assistant changes Primary State
228	228	198of Residence by moving from a Member State to a non-Member State, or from a non-Member
229	229	199State to a Member State, the State criteria shall apply for issuance of a Single-State License in
230	230	200the new State.
231	231	201 D. Nothing in this compact shall interfere with a Licensee’s ability to hold a Single-State
232	232	202License in multiple States; however, for the purposes of this compact, a Licensee shall have only
233	233	203one Home State license.
234	234	204 E. Nothing in this Compact shall affect the requirements established by a Member State
235	235	205for the issuance of a Single-State License.
236	236	206 Section 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
237	237	207 A. Active Duty Military personnel, or their spouses, shall designate a Home State where
238	238	208the individual has a current license in good standing. The individual may retain the Home State
239	239	209designation during the period the service member is on active duty. Subsequent to designating a
240	240	210Home State, the individual shall only change their Home State through application for licensure
241	241	211in the new State or through the process described in Section 5.
242	242	212 Section 6. ADVERSE ACTIONS 12 of 33
243	243	213 A. A Home State shall have exclusive power to impose Adverse Action against an
244	244	214Occupational Therapist’s or Occupational Therapy Assistant’s license issued by the Home State.
245	245	215 B. In addition to the other powers conferred by State law, a Remote State shall have the
246	246	216authority, in accordance with existing State due process law, to:
247	247	217 1. Take Adverse Action against an Occupational Therapist’s or Occupational Therapy
248	248	218Assistant’s Compact Privilege within that Member State.
249	249	219 2. Issue subpoenas for both hearings and investigations that require the attendance and
250	250	220testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing
251	251	221Board in a Member State for the attendance and testimony of witnesses or the production of
252	252	222evidence from another Member State shall be enforced in the latter State by any court of
253	253	223competent jurisdiction, according to the practice and procedure of that court applicable to
254	254	224subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness
255	255	225fees, travel expenses, mileage and other fees required by the service statutes of the State in which
256	256	226the witnesses or evidence are located.
257	257	227 C. For purposes of taking Adverse Action, the Home State shall give the same priority
258	258	228and effect to reported conduct received from a Member State as it would if the conduct had
259	259	229occurred within the Home State. In so doing, the Home State shall apply its own State laws to
260	260	230determine appropriate action.
261	261	231 D. The Home State shall complete any pending investigations of an Occupational
262	262	232Therapist or Occupational Therapy Assistant who changes Primary State of Residence during the
263	263	233course of the investigations. The Home State, where the investigations were initiated, shall also
264	264	234have the authority to take appropriate action(s) and shall promptly report the conclusions of the 13 of 33
265	265	235investigations to the OT Compact Commission Data System. The Occupational Therapy
266	266	236Compact Commission Data System administrator shall promptly notify the new Home State of
267	267	237any Adverse Actions.
268	268	238 E. A Member State, if otherwise permitted by State law, may recover from the affected
269	269	239Occupational Therapist or Occupational Therapy Assistant the costs of investigations and
270	270	240disposition of cases resulting from any Adverse Action taken against that Occupational Therapist
271	271	241or Occupational Therapy Assistant.
272	272	242 F. A Member State may take Adverse Action based on the factual findings of the Remote
273	273	243State, provided that the Member State follows its own procedures for taking the Adverse Action.
274	274	244 G. Joint Investigations
275	275	245 1. In addition to the authority granted to a Member State by its respective State
276	276	246Occupational Therapy laws and regulations or other applicable State law, any Member State may
277	277	247participate with other Member States in joint investigations of Licensees.
278	278	248 2. Member States shall share any investigative, litigation, or compliance materials in
279	279	249furtherance of any joint or individual investigation initiated under the Compact.
280	280	250 H. If an Adverse Action is taken by the Home State against an Occupational Therapist’s
281	281	251or Occupational Therapy Assistant’s license, the Occupational Therapist’s or Occupational
282	282	252Therapy Assistant’s Compact Privilege in all other Member States shall be deactivated until all
283	283	253encumbrances have been removed from the State license. All Home State disciplinary orders that
284	284	254impose Adverse Action against an Occupational Therapist’s or Occupational Therapy Assistant’s
285	285	255license shall include a Statement that the Occupational Therapist’s or Occupational Therapy 14 of 33
286	286	256Assistant’s Compact Privilege is deactivated in all Member States during the pendency of the
287	287	257order.
288	288	258 I. If a Member State takes Adverse Action, it shall promptly notify the administrator of
289	289	259the Data System. The administrator of the Data System shall promptly notify the Home State of
290	290	260any Adverse Actions by Remote States.
291	291	261 J. Nothing in this Compact shall override a Member State’s decision that participation in
292	292	262an Alternative Program may be used in lieu of Adverse Action.
293	293	263 Section 7. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT
294	294	264COMMISSION.
295	295	265 A. The Compact Member States hereby create and establish a joint public agency known
296	296	266as the Occupational Therapy Compact Commission:
297	297	267 1. The Commission is an instrumentality of the Compact States.
298	298	268 2. Venue is proper and judicial proceedings by or against the Commission shall be
299	299	269brought solely and exclusively in a court of competent jurisdiction where the principal office of
300	300	270the Commission is located. The Commission may waive venue and jurisdictional defenses to the
301	301	271extent it adopts or consents to participate in alternative dispute resolution proceedings.
302	302	272 3.Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
303	303	273 B. Membership, Voting, and Meetings
304	304	274 1. Each Member State shall have and be limited to one (1) delegate selected by that
305	305	275Member State’s Licensing Board. 15 of 33
306	306	276 2. The delegate shall be either:
307	307	277 a. A current member of the Licensing Board, who is an Occupational Therapist,
308	308	278Occupational Therapy Assistant, or public member; or
309	309	279 b. An administrator of the Licensing Board.
310	310	280 3. Any delegate may be removed or suspended from office as provided by the law of the
311	311	281State from which the delegate is appointed.
312	312	282 4. The Member State board shall fill any vacancy occurring in the Commission within 90
313	313	283days.
314	314	284 5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of Rules
315	315	285and creation of bylaws and shall otherwise have an opportunity to participate in the business and
316	316	286affairs of the Commission. A delegate shall vote in person or by such other means as provided in
317	317	287the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or
318	318	288other means of communication.
319	319	289 6. The Commission shall meet at least once during each calendar year. Additional
320	320	290meetings shall be held as set forth in the bylaws.
321	321	291 7. The Commission shall establish by Rule a term of office for delegates.
322	322	292 C. The Commission shall have the following powers and duties:
323	323	293 1. Establish a Code of Ethics for the Commission;
324	324	294 2. Establish the fiscal year of the Commission; 16 of 33
325	325	295 3. Establish bylaws;
326	326	296 4. Maintain its financial records in accordance with the bylaws;
327	327	297 5. Meet and take such actions as are consistent with the provisions of this Compact and
328	328	298the bylaws;
329	329	299 6. Promulgate uniform Rules to facilitate and coordinate implementation and
330	330	300administration of this Compact. The Rules shall have the force and effect of law and shall be
331	331	301binding in all Member States;
332	332	302 7. Bring and prosecute legal proceedings or actions in the name of the Commission,
333	333	303provided that the standing of any State Occupational Therapy Licensing Board to sue or be sued
334	334	304under applicable law shall not be affected;
335	335	305 8. Purchase and maintain insurance and bonds;
336	336	306 9. Borrow, accept, or contract for services of personnel, including, but not limited to,
337	337	307employees of a Member State;
338	338	308 10. Hire employees, elect or appoint officers, fix compensation, define duties, grant such
339	339	309individuals appropriate authority to carry out the purposes of the Compact, and establish the
340	340	310Commission’s personnel policies and programs relating to conflicts of interest, qualifications of
341	341	311personnel, and other related personnel matters;
342	342	312 11. Accept any and all appropriate donations and grants of money, equipment, supplies,
343	343	313materials and services, and receive, utilize and dispose of the same; provided that at all times the
344	344	314Commission shall avoid any appearance of impropriety and/or conflict of interest; 17 of 33
345	345	315 12. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,
346	346	316improve or use, any property, real, personal or mixed; provided that at all times the Commission
347	347	317shall avoid any appearance of impropriety;
348	348	318 13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
349	349	319any property real, personal, or mixed;
350	350	320 14. Establish a budget and make expenditures;
351	351	321 15. Borrow money;
352	352	322 16. Appoint committees, including standing committees composed of members, State
353	353	323regulators, State legislators or their representatives, and consumer representatives, and such other
354	354	324interested persons as may be designated in this Compact and the bylaws;
355	355	325 17. Provide and receive information from, and cooperate with, law enforcement agencies;
356	356	326 18. Establish and elect an Executive Committee; and
357	357	327 19. Perform such other functions as may be necessary or appropriate to achieve the
358	358	328purposes of this Compact consistent with the State regulation of Occupational Therapy licensure
359	359	329and practice.
360	360	330 D. The Executive Committee
361	361	331 The Executive Committee shall have the power to act on behalf of the Commission
362	362	332according to the terms of this Compact.
363	363	333 1. The Executive Committee shall be composed of nine members: 18 of 33
364	364	334 a. Seven voting members who are elected by the Commission from the current
365	365	335membership of the Commission;
366	366	336 b. One ex-officio, nonvoting member from a recognized national Occupational Therapy
367	367	337professional association; and
368	368	338 c. One ex-officio, nonvoting member from a recognized national Occupational Therapy
369	369	339certification organization.
370	370	340 2. The ex-officio members will be selected by their respective organizations.
371	371	341 3. The Commission may remove any member of the Executive Committee as provided in
372	372	342bylaws.
373	373	343 4. The Executive Committee shall meet at least annually.
374	374	344 5. The Executive Committee shall have the following Duties and responsibilities:
375	375	345 a. Recommend to the entire Commission changes to the Rules or bylaws, changes to this
376	376	346Compact legislation, fees paid by Compact Member States such as annual dues, and any
377	377	347Commission Compact fee charged to Licensees for the Compact Privilege;
378	378	348 b. Ensure Compact administration services are appropriately provided, contractual or
379	379	349otherwise;
380	380	350 c. Prepare and recommend the budget;
381	381	351 d. Maintain financial records on behalf of the Commission; 19 of 33
382	382	352 e. Monitor Compact compliance of Member States and provide compliance reports to the
383	383	353Commission;
384	384	354 f. Establish additional committees as necessary; and
385	385	355 g. Perform other duties as provided in Rules or bylaws.
386	386	356 E. Meetings of the Commission
387	387	357 1. All meetings shall be open to the public, and public notice of meetings shall be given
388	388	358in the same manner as required under the Rulemaking provisions in Section 10.
389	389	359 2. The Commission or the Executive Committee or other committees of the Commission
390	390	360may convene in a closed, non-public meeting if the Commission or Executive Committee or
391	391	361other committees of the Commission must discuss:
392	392	362 a. Non-compliance of a Member State with its obligations under the Compact;
393	393	363 b. The employment, compensation, discipline or other matters, practices or procedures
394	394	364related to specific employees or other matters related to the Commission’s internal personnel
395	395	365practices and procedures;
396	396	366 c. Current, threatened, or reasonably anticipated litigation;
397	397	367 d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
398	398	368estate;
399	399	369 e. Accusing any person of a crime or formally censuring any person; 20 of 33
400	400	370 f. Disclosure of trade secrets or commercial or financial information that is privileged or
401	401	371confidential;
402	402	372 g. Disclosure of information of a personal nature where disclosure would constitute a
403	403	373clearly unwarranted invasion of personal privacy;
404	404	374 h. Disclosure of investigative records compiled for law enforcement purposes;
405	405	375 i. Disclosure of information related to any investigative reports prepared by or on behalf
406	406	376of or for use of the Commission or other committee charged with responsibility of investigation
407	407	377or determination of compliance issues pursuant to the Compact; or
408	408	378 j. Matters specifically exempted from disclosure by federal or Member State statute.
409	409	379 3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
410	410	380Commission’s legal counsel or designee shall certify that the meeting may be closed and shall
411	411	381reference each relevant exempting provision.
412	412	382 4. The Commission shall keep minutes that fully and clearly describe all matters
413	413	383discussed in a meeting and shall provide a full and accurate summary of actions taken, and the
414	414	384reasons therefore, including a description of the views expressed. All documents considered in
415	415	385connection with an action shall be identified in such minutes. All minutes and documents of a
416	416	386closed meeting shall remain under seal, subject to release by a majority vote of the Commission
417	417	387or order of a court of competent jurisdiction.
418	418	388 F. Financing of the Commission
419	419	389 1.The Commission shall pay, or provide for the payment of, the reasonable expenses of
420	420	390its establishment, organization, and ongoing activities. 21 of 33
421	421	391 2.The Commission may accept any and all appropriate revenue sources, donations, and
422	422	392grants of money, equipment, supplies, materials, and services.
423	423	393 3.The Commission may levy on and collect an annual assessment from each Member
424	424	394State or impose fees on other parties to cover the cost of the operations and activities of the
425	425	395Commission and its staff, which must be in a total amount sufficient to cover its annual budget as
426	426	396approved by the Commission each year for which revenue is not provided by other sources. The
427	427	397aggregate annual assessment amount shall be allocated based upon a formula to be determined
428	428	398by the Commission, which shall promulgate a Rule binding upon all Member States.
429	429	399 4.The Commission shall not incur obligations of any kind prior to securing the funds
430	430	400adequate to meet the same; nor shall the Commission pledge the credit of any of the Member
431	431	401States, except by and with the authority of the Member State.
432	432	402 5.The Commission shall keep accurate accounts of all receipts and disbursements. The
433	433	403receipts and disbursements of the Commission shall be subject to the audit and accounting
434	434	404procedures established under its bylaws. However, all receipts and disbursements of funds
435	435	405handled by the Commission shall be audited yearly by a certified or licensed public accountant,
436	436	406and the report of the audit shall be included in and become part of the annual report of the
437	437	407Commission.
438	438	408 6.Qualified Immunity, Defense, and Indemnification
439	439	409 1.The members, officers, executive director, employees and representatives of the
440	440	410Commission shall be immune from suit and liability, either personally or in their official
441	441	411capacity, for any claim for damage to or loss of property or personal injury or other civil liability
442	442	412caused by or arising out of any actual or alleged act, error or omission that occurred, or that the 22 of 33
443	443	413person against whom the claim is made had a reasonable basis for believing occurred within the
444	444	414scope of Commission employment, duties or responsibilities; provided that nothing in this
445	445	415paragraph shall be construed to protect any such person from suit and/or liability for any damage,
446	446	416loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
447	447	417 2. The Commission shall defend any member, officer, executive director, employee, or
448	448	418representative of the Commission in any civil action seeking to impose liability arising out of
449	449	419any actual or alleged act, error, or omission that occurred within the scope of Commission
450	450	420employment, duties, or responsibilities, or that the person against whom the claim is made had a
451	451	421reasonable basis for believing occurred within the scope of Commission employment, duties, or
452	452	422responsibilities; provided that nothing herein shall be construed to prohibit that person from
453	453	423retaining his or her own counsel; and provided further, that the actual or alleged act, error, or
454	454	424omission did not result from that person’s intentional or willful or wanton misconduct.
455	455	425 3. The Commission shall indemnify and hold harmless any member, officer, executive
456	456	426director, employee, or representative of the Commission for the amount of any settlement or
457	457	427judgment obtained against that person arising out of any actual or alleged act, error or omission
458	458	428that occurred within the scope of Commission employment, duties, or responsibilities, or that
459	459	429such person had a reasonable basis for believing occurred within the scope of Commission
460	460	430employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission
461	461	431did not result from the intentional or willful or wanton misconduct of that person.
462	462	432 Section 8. DATA SYSTEM 23 of 33
463	463	433 A. The Commission shall provide for the development, maintenance, and utilization of a
464	464	434coordinated database and reporting system containing licensure, Adverse Action, and
465	465	435Investigative Information on all licensed individuals in Member States.
466	466	436 B. A Member State shall submit a uniform data set to the Data System on all individuals
467	467	437to whom this Compact is applicable (utilizing a unique identifier) as required by the Rules of the
468	468	438Commission, including:
469	469	439 1. Identifying information;
470	470	440 2. Licensure data;
471	471	441 3. Adverse Actions against a license or Compact Privilege;
472	472	442 4. Non-confidential information related to Alternative Program participation;
473	473	443 5. Any denial of application for licensure, and the reason(s) for such denial;
474	474	444 6. Other information that may facilitate the administration of this Compact, as determined
475	475	445by the Rules of the Commission; and
476	476	446 7. Current Significant Investigative Information.
477	477	447 C. Current Significant Investigative Information and other Investigative Information
478	478	448pertaining to a Licensee in any Member State will only be available to other Member States.
479	479	449 D. The Commission shall promptly notify all Member States of any Adverse Action
480	480	450taken against a Licensee or an individual applying for a license. Adverse Action information
481	481	451pertaining to a Licensee in any Member State will be available to any other Member State. 24 of 33
482	482	452 E. Member States contributing information to the Data System may designate
483	483	453information that may not be shared with the public without the express permission of the
484	484	454contributing State.
485	485	455 F. Any information submitted to the Data System that is subsequently required to be
486	486	456expunged by the laws of the Member State contributing the information shall be removed from
487	487	457the Data System.
488	488	458 Section 9. RULEMAKING
489	489	459 A. The Commission shall exercise its Rulemaking powers pursuant to the criteria set
490	490	460forth in this Section and the Rules adopted thereunder. Rules and amendments shall become
491	491	461binding as of the date specified in each Rule or amendment.
492	492	462 B. The Commission shall promulgate reasonable rules in order to effectively and
493	493	463efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, in the event the
494	494	464Commission exercises its rulemaking authority in a manner that is beyond the scope of the
495	495	465purposes of the Compact, or the powers granted hereunder, then such an action by the
496	496	466Commission shall be invalid and have no force and effect.
497	497	467 C. If a majority of the legislatures of the Member States rejects a Rule, by enactment of a
498	498	468statute or resolution in the same manner used to adopt the Compact within 4 years of the date of
499	499	469adoption of the Rule, then such Rule shall have no further force and effect in any Member State.
500	500	470 D. Rules or amendments to the Rules shall be adopted at a regular or special meeting of
501	501	471the Commission. 25 of 33
502	502	472 E. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at
503	503	473least thirty (30) days in advance of the meeting at which the Rule will be considered and voted
504	504	474upon, the Commission shall file a Notice of Proposed Rulemaking:
505	505	475 1. On the website of the Commission or other publicly accessible platform; and
506	506	476 2. On the website of each Member State Occupational Therapy Licensing Board or other
507	507	477publicly accessible platform or the publication in which each State would otherwise publish
508	508	478proposed Rules.
509	509	479 F. The Notice of Proposed Rulemaking shall include:
510	510	480 1. The proposed time, date, and location of the meeting in which the Rule will be
511	511	481considered and voted upon;
512	512	482 2. The text of the proposed Rule or amendment and the reason for the proposed Rule;
513	513	483 3. A request for comments on the proposed Rule from any interested person; and
514	514	484 4. The manner in which interested persons may submit notice to the Commission of their
515	515	485intention to attend the public hearing and any written comments.
516	516	486 G. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit
517	517	487written data, facts, opinions, and arguments, which shall be made available to the public.
518	518	488 H. The Commission shall grant an opportunity for a public hearing before it adopts a
519	519	489Rule or amendment if a hearing is requested by:
520	520	490 1. At least twenty five (25) persons; 26 of 33
521	521	491 2. A State or federal governmental subdivision or agency; or
522	522	492 3. An association or organization having at least twenty five (25) members.
523	523	493 I. If a hearing is held on the proposed Rule or amendment, the Commission shall publish
524	524	494the place, time, and date of the scheduled public hearing. If the hearing is held via electronic
525	525	495means, the Commission shall publish the mechanism for access to the electronic hearing.
526	526	496 1. All persons wishing to be heard at the hearing shall notify the executive director of the
527	527	497Commission or other designated member in writing of their desire to appear and testify at the
528	528	498hearing not less than five (5) business days before the scheduled date of the hearing.
529	529	499 2. Hearings shall be conducted in a manner providing each person who wishes to
530	530	500comment a fair and reasonable opportunity to comment orally or in writing.
531	531	501 3. All hearings will be recorded. A copy of the recording will be made available on
532	532	502request.
533	533	503 4. Nothing in this section shall be construed as requiring a separate hearing on each Rule.
534	534	504Rules may be grouped for the convenience of the Commission at hearings required by this
535	535	505section.
536	536	506 J. Following the scheduled hearing date, or by the close of business on the scheduled
537	537	507hearing date if the hearing was not held, the Commission shall consider all written and oral
538	538	508comments received.
539	539	509 K. If no written notice of intent to attend the public hearing by interested parties is
540	540	510received, the Commission may proceed with promulgation of the proposed Rule without a public
541	541	511hearing. 27 of 33
542	542	512 L. The Commission shall, by majority vote of all members, take final action on the
543	543	513proposed Rule and shall determine the effective date of the Rule, if any, based on the
544	544	514Rulemaking record and the full text of the Rule.
545	545	515 M. Upon determination that an emergency exists, the Commission may consider and
546	546	516adopt an emergency Rule without prior notice, opportunity for comment, or hearing, provided
547	547	517that the usual Rulemaking procedures provided in the Compact and in this section shall be
548	548	518retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90)
549	549	519days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is
550	550	520one that must be adopted immediately in order to:
551	551	521 1. Meet an imminent threat to public health, safety, or welfare;
552	552	522 2. Prevent a loss of Commission or Member State funds;
553	553	523 3. Meet a deadline for the promulgation of an administrative Rule that is established by
554	554	524federal law or Rule; or
555	555	525 4. Protect public health and safety.
556	556	526 N. The Commission or an authorized committee of the Commission may direct revisions
557	557	527to a previously adopted Rule or amendment for purposes of correcting typographical errors,
558	558	528errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall
559	559	529be posted on the website of the Commission. The revision shall be subject to challenge by any
560	560	530person for a period of thirty (30) days after posting. The revision may be challenged only on
561	561	531grounds that the revision results in a material change to a Rule. A challenge shall be made in
562	562	532writing and delivered to the chair of the Commission prior to the end of the notice period. 28 of 33
563	563	533If no challenge is made, the revision will take effect without further action. If the revision is
564	564	534challenged, the revision may not take effect without the approval of the Commission.
565	565	535 Section 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
566	566	536 A. Oversight
567	567	537 1. The executive, legislative, and judicial branches of State government in each Member
568	568	538State shall enforce this Compact and take all actions necessary and appropriate to effectuate the
569	569	539Compact’s purposes and intent. The provisions of this Compact and the Rules promulgated
570	570	540hereunder shall have standing as statutory law.
571	571	541 2. All courts shall take judicial notice of the Compact and the Rules in any judicial or
572	572	542administrative proceeding in a Member State pertaining to the subject matter of this Compact
573	573	543which may affect the powers, responsibilities, or actions of the Commission.
574	574	544 3. The Commission shall be entitled to receive service of process in any such proceeding,
575	575	545and shall have standing to intervene in such a proceeding for all purposes. Failure to provide
576	576	546service of process to the Commission shall render a judgment or order void as to the
577	577	547Commission, this Compact, or promulgated Rules.
578	578	548 B. Default, Technical Assistance, and Termination
579	579	549 1. If the Commission determines that a Member State has defaulted in the performance of
580	580	550its obligations or responsibilities under this Compact or the promulgated Rules, the Commission
581	581	551shall: 29 of 33
582	582	552 a. Provide written notice to the defaulting State and other Member States of the nature of
583	583	553the default, the proposed means of curing the default and/or any other action to be taken by the
584	584	554Commission; and
585	585	555 b. Provide remedial training and specific technical assistance regarding the default.
586	586	556 2. If a State in default fails to cure the default, the defaulting State may be terminated
587	587	557from the Compact upon an affirmative vote of a majority of the Member States, and all rights,
588	588	558privileges and benefits conferred by this Compact may be terminated on the effective date of
589	589	559termination. A cure of the default does not relieve the offending State of obligations or liabilities
590	590	560incurred during the period of default.
591	591	561 3. Termination of membership in the Compact shall be imposed only after all other
592	592	562means of securing compliance have been exhausted. Notice of intent to suspend or terminate
593	593	563shall be given by the Commission to the governor, the majority and minority leaders of the
594	594	564defaulting State’s legislature, and each of the Member States.
595	595	565 4. A State that has been terminated is responsible for all assessments, obligations, and
596	596	566liabilities incurred through the effective date of termination, including obligations that extend
597	597	567beyond the effective date of termination.
598	598	568 5. The Commission shall not bear any costs related to a State that is found to be in default
599	599	569or that has been terminated from the Compact, unless agreed upon in writing between the
600	600	570Commission and the defaulting State.
601	601	571 6. The defaulting State may appeal the action of the Commission by petitioning the U.S.
602	602	572District Court for the District of Columbia or the federal district where the Commission has its 30 of 33
603	603	573principal offices. The prevailing member shall be awarded all costs of such litigation, including
604	604	574reasonable attorney’s fees.
605	605	575 C. Dispute Resolution
606	606	576 1. Upon request by a Member State, the Commission shall attempt to resolve disputes
607	607	577related to the Compact that arise among Member States and between member and non-Member
608	608	578States.
609	609	579 2. The Commission shall promulgate a Rule providing for both mediation and binding
610	610	580dispute resolution for disputes as appropriate.
611	611	581 D. Enforcement
612	612	582 1. The Commission, in the reasonable exercise of its discretion, shall enforce the
613	613	583provisions and Rules of this Compact.
614	614	584 2. By majority vote, the Commission may initiate legal action in the United States
615	615	585District Court for the District of Columbia or the federal district where the Commission has its
616	616	586principal offices against a Member State in default to enforce compliance with the provisions of
617	617	587the Compact and its promulgated Rules and bylaws. The relief sought may include both
618	618	588injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
619	619	589member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
620	620	590 3. The remedies herein shall not be the exclusive remedies of the Commission. The
621	621	591Commission may pursue any other remedies available under federal or State law. 31 of 33
622	622	592 Section 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
623	623	593FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED RULES,
624	624	594WITHDRAWAL, AND AMENDMENT
625	625	595 A. The Compact shall come into effect on the date on which the Compact statute is
626	626	596enacted into law in the tenth Member State. The provisions, which become effective at that time,
627	627	597shall be limited to the powers granted to the Commission relating to assembly and the
628	628	598promulgation of Rules. Thereafter, the Commission shall meet and exercise Rulemaking powers
629	629	599necessary to the implementation and administration of the Compact.
630	630	600 B. Any State that joins the Compact subsequent to the Commission’s initial adoption of
631	631	601the Rules shall be subject to the Rules as they exist on the date on which the Compact becomes
632	632	602law in that State. Any Rule that has been previously adopted by the Commission shall have the
633	633	603full force and effect of law on the day the Compact becomes law in that State.
634	634	604 C. Any Member State may withdraw from this Compact by enacting a statute repealing
635	635	605the same.
636	636	606 1. A Member State’s withdrawal shall not take effect until six (6) months after enactment
637	637	607of the repealing statute.
638	638	608 2. Withdrawal shall not affect the continuing requirement of the withdrawing State’s
639	639	609Occupational Therapy Licensing Board to comply with the investigative and Adverse Action
640	640	610reporting requirements of this act prior to the effective date of withdrawal. 32 of 33
641	641	611 D. Nothing contained in this Compact shall be construed to invalidate or prevent any
642	642	612Occupational Therapy licensure agreement or other cooperative arrangement between a Member
643	643	613State and a non-Member State that does not conflict with the provisions of this Compact.
644	644	614 E. This Compact may be amended by the Member States. No amendment to this Compact
645	645	615shall become effective and binding upon any Member State until it is enacted into the laws of all
646	646	616Member States.
647	647	617 Section 12. CONSTRUCTION AND SEVERABILITY
648	648	618 This Compact shall be liberally construed so as to effectuate the purposes thereof. The
649	649	619provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of
650	650	620this Compact is declared to be contrary to the constitution of any Member State or of the United
651	651	621States or the applicability thereof to any government, agency, person, or circumstance is held
652	652	622invalid, the validity of the remainder of this Compact and the applicability thereof to any
653	653	623government, agency, person, or circumstance shall not be affected thereby. If this Compact shall
654	654	624be held contrary to the constitution of any Member State, the Compact shall remain in full force
655	655	625and effect as to the remaining Member States and in full force and effect as to the Member State
656	656	626affected as to all severable matters.
657	657	627 Section 13. BINDING EFFECT OF COMPACT AND OTHER LAWS
658	658	628 A. A Licensee providing Occupational Therapy in a Remote State under the Compact
659	659	629Privilege shall function within the laws and regulations of the Remote State.
660	660	630 B. Nothing herein prevents the enforcement of any other law of a Member State that is
661	661	631not inconsistent with the Compact. 33 of 33
662	662	632 C. Any laws in a Member State in conflict with the Compact are superseded to the extent
663	663	633of the conflict.
664	664	634 D. Any lawful actions of the Commission, including all Rules and bylaws promulgated
665	665	635by the Commission, are binding upon the Member States.
666	666	636 E. All agreements between the Commission and the Member States are binding in
667	667	637accordance with their terms.
668	668	638 F. In the event any provision of the Compact exceeds the constitutional limits imposed on
669	669	639the legislature of any Member State, the provision shall be ineffective to the extent of the conflict
670	670	640with the constitutional provision in question in that Member State.