REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1)
A.B. 106
- *AB106*
ASSEMBLY BILL NO. 106–ASSEMBLYMEMBER MARZOLA
PREFILED JANUARY 21, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Ratifies the Occupational Therapy Licensure
Compact. (BDR 54-233)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to occupational therapy; ratifying and entering
into the Occupational Therapy Licensure Compact;
authorizing the sharing of certain information with the
data system created pursuant to the Compact; providing a
person practicing as an occupational therapist or
occupational therapy assistant in this State under the
Compact with the same legal status as a person practicing
as an occupational therapist or occupational therapy
assistant under a license issued by the Board of
Occupational Therapy; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the licensure and regulation of occupational therapists 1
and occupational therapy assistants by the Board of Occupational Therapy. 2
(Chapter 640A of NRS) Section 1 of this bill ratifies and enters into the 3
Occupational Therapy Licensure Compact. The Compact is an interstate compact 4
that allows a person who is licensed as an occupational therapist or occupational 5
therapy assistant in a state that is a member of the Compact to practice in other 6
states that are members of the Compact. In order to practice as an occupational 7
therapist or occupational therapy assistant under the Compact, the Compact 8
requires an occupational therapist or occupational therapy assistant to: (1) hold a 9
license in his or her home state; (2) have a valid social security number or national 10
practitioner identification number; (3) have no encumbrances on any license issued 11
to the person by a state; (4) be eligible to practice under the Compact; (5) have, at 12
least 2 years before seeking to practice under the Compact, completed any 13
requirements and paid all fines resulting any adverse action taken against any 14
license or authority to practice under the Compact; (6) notify the Occupational 15
Therapy Compact Commission that he or she is seeking to practice under the 16
Compact in another state; (7) pay any applicable fees; (8) complete a criminal 17
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background check; (9) meet any jurisprudence requirements established by the state 18
in which he or she seeks to practice under the Compact; and (10) report any adverse 19
action taken against him or her within 30 days after the date the adverse action is 20
taken. The Compact authorizes a member state to take adverse action against an 21
occupational therapist or occupational therapy assistant practicing in the member 22
state under the Compact. 23
The Compact requires member states to create a joint public agency called the 24
Occupational Therapy Compact Commission. The Commission is required to, 25
among other things: (1) establish bylaws; (2) make rules that facilitate and 26
coordinate implementation and administration of the Compact; (3) hold meetings, 27
which may be closed under certain conditions; and (4) resolve disputes related to 28
the Compact among states that are members of the Compact. The Commission is 29
additionally authorized to levy and collect an annual assessment from each state 30
that is a member of the Compact. 31
The Compact also requires the Commission to create a data system to facilitate 32
the sharing of information among member states. Section 2 of this bill, in general, 33
authorizes the Board of Occupational Therapy to disclose information to that data 34
system when required by the Compact. However, the Compact prohibits the Board 35
from disclosing certain information obtained through a criminal background check. 36
Section 4 of this bill provides for the confidentiality of certain information 37
disclosed through the data system. 38
The Compact provides additional provisions to carry out the Compact, 39
including providing procedures for the taking of adverse actions against licensees, 40
provisions for active military members or their spouses, provisions for rulemaking 41
by the Commission, provisions for oversight, dispute resolution and enforcement 42
and procedures for amendments and withdrawals. The Compact takes effect on the 43
date on which the Compact is enacted into law by the tenth member state. 44
Section 3 of this bill deems practicing as an occupational therapist or 45
occupational therapy assistant under the Compact to be equivalent to practicing 46
under a license issued by the Board of Occupational Therapy, thereby providing 47
such persons with the same authority, duties and legal protections as a licensee. 48
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 640A of NRS is hereby amended by 1
adding thereto a new section to read as follows: 2
The Occupational Therapy Licensure Compact is hereby 3
ratified and entered into with all other jurisdictions legally joining 4
the Compact, in substantially the form set forth in this section: 5
OCCUPATIONAL THERAPY LICENSURE COMPACT 6
7
SECTION 1. PURPOSE 8
9
The purpose of this Compact is to facilitate interstate practice 10
of Occupational Therapy with the goal of improving public access 11
to Occupational Therapy services. The Practice of Occupational 12
Therapy occurs in the State where the patient/client is located at 13
the time of the patient/client encounter. The Compact preserves 14
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the regulatory authority of States to protect public health and 1
safety through the current system of State licensure. 2
This Compact is designed to achieve the following objectives: 3
A. Increase public access to Occupational Therapy services 4
by providing for the mutual recognition of other Member State 5
licenses; 6
B. Enhance the States’ ability to protect the public’s health 7
and safety; 8
C. Encourage the cooperation of Member States in 9
regulating multi-State Occupational Therapy Practice; 10
D. Support spouses of relocating military members; 11
E. Enhance the exchange of licensure, investigative, and 12
disciplinary information between Member States; 13
F. Allow a Remote State to hold a provider of services with a 14
Compact Privilege in that State accountable to that State’s 15
practice standards; and 16
G. Facilitate the use of Telehealth technology in order to 17
increase access to Occupational Therapy services. 18
19
SECTION 2. DEFINITIONS 20
21
As used in this Compact, and except as otherwise provided, the 22
following definitions shall apply: 23
A. “Active Duty Military” means full-time duty status in the 24
active uniformed service of the United States, including members 25
of the National Guard and Reserve on active duty orders pursuant 26
to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211. 27
B. “Adverse Action” means any administrative, civil, 28
equitable, or criminal action permitted by a State’s laws which is 29
imposed by a Licensing Board or other authority against an 30
Occupational Therapist or Occupational Therapy Assistant, 31
including actions against an individual’s license or Compact 32
Privilege such as censure, revocation, suspension, probation, 33
monitoring of the Licensee, or restriction on the Licensee’s 34
practice. 35
C. “Alternative Program” means a non -disciplinary 36
monitoring process approved by an Occupational Therapy 37
Licensing Board. 38
D. “Compact Privilege” means the authorization, which is 39
equivalent to a license, granted by a Remote State to allow a 40
Licensee from another Member State to practice as an 41
Occupational Therapist or practice as an Occupational Therapy 42
Assistant in the Remote State under its laws and rules. The 43
Practice of Occupational Therapy occurs in the Member State 44
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where the patient/client is located at the time of the patient/client 1
encounter. 2
E. “Continuing Competence/Education” means a 3
requirement, as a condition of license renewal, to provide evidence 4
of participation in, and/or completion of, educational and 5
professional activities relevant to practice or area of work. 6
F. “Current Significant Investigative Information” means 7
Investigative Information that a Licensing Board, after an inquiry 8
or investigation that includes notification and an opportunity for 9
the Occupational Therapist or Occupational Therapy Assistant to 10
respond, if required by State law, has reason to believe is not 11
groundless and, if proved true, would indicate more than a minor 12
infraction. 13
G. “Data System” means a repository of information about 14
Licensees, including but not limited to license status, Investigative 15
Information, Compact Privileges, and Adverse Actions. 16
H. “Encumbered License” means a license in which an 17
Adverse Action restricts the Practice of Occupational Therapy by 18
the Licensee or said Adverse Action has been reported to the 19
National Practitioner Data Bank (NPDB). 20
I. “Executive Committee” means a group of directors elected 21
or appointed to act on behalf of, and within the powers granted to 22
them by, the Commission. 23
J. “Home State” means the Member State that is the 24
Licensee’s Primary State of Residence. 25
K. “Impaired Practitioner” means individuals whose 26
professional practice is adversely affected by substance abuse, 27
addiction, or other health-related conditions. 28
L. “Investigative Information” means information, records, 29
and/or documents received or generated by an Occupational 30
Therapy Licensing Board pursuant to an investigation. 31
M. “Jurisprudence Requirement” means the assessment of 32
an individual’s knowledge of the laws and rules governing the 33
Practice of Occupational Therapy in a State. 34
N. “Licensee” means an individual who currently holds an 35
authorization from the State to practice as an Occupational 36
Therapist or as an Occupational Therapy Assistant. 37
O. “Member State” means a State that has enacted the 38
Compact. 39
P. “Occupational Therapist” means an individual who is 40
licensed by a State to practice Occupational Therapy. 41
Q. “Occupational Therapy Assistant” means an individual 42
who is licensed by a State to assist in the Practice of Occupational 43
Therapy. 44
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R. “Occupational Therapy,” “Occupational Therapy 1
Practice,” and the “Practice of Occupational Therapy” mean the 2
care and services provided by an Occupational Therapist or an 3
Occupational Therapy Assistant as set forth in the Member State’s 4
statutes and regulations. 5
S. “Occupational Therapy Compact Commission” or 6
“Commission” means the national administrative body whose 7
membership consists of all States that have enacted the Compact. 8
T. “Occupational Therapy Licensing Board” or “Licensing 9
Board” means the agency of a State that is authorized to license 10
and regulate Occupational Therapists and Occupational Therapy 11
Assistants. 12
U. “Primary State of Residence” means the state (also known 13
as the Home State) in which an Occupational Therapist or 14
Occupational Therapy Assistant who is not Active Duty Military 15
declares a primary residence for legal purposes as verified by: 16
driver’s license, federal income tax return, lease, deed, mortgage 17
or voter registration or other verifying documentation as further 18
defined by Commission Rules. 19
V. “Remote State” means a Member State other than the 20
Home State, where a Licensee is exercising or seeking to exercise 21
the Compact Privilege. 22
W. “Rule” means a regulation promulgated by the 23
Commission that has the force of law. 24
X. “State” means any state, commonwealth, district, or 25
territory of the United States of America that regulates the 26
Practice of Occupational Therapy. 27
Y. “Single-State License” means an Occupational Therapist 28
or Occupational Therapy Assistant license issued by a Member 29
State that authorizes practice only within the issuing State and 30
does not include a Compact Privilege in any other Member State. 31
Z. “Telehealth” means the application of telecommunication 32
technology to deliver Occupational Therapy services for 33
assessment, intervention and/or consultation. 34
35
SECTION 3. STATE PARTICIPATION IN THE COMPACT 36
37
A. To participate in the Compact, a Member State shall: 38
1. License Occupational Therapists and Occupational 39
Therapy Assistants; 40
2. Participate fully in the Commission’s Data System, 41
including but not limited to using the Commission’s unique 42
identifier as defined in Rules of the Commission; 43
3. Have a mechanism in place for receiving and 44
investigating complaints about Licensees; 45
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4. Notify the Commission, in compliance with the terms of 1
the Compact and Rules, of any Adverse Action or the availability 2
of Investigative Information regarding a Licensee; 3
5. Implement or utilize procedures for considering the 4
criminal history records of applicants for an initial Compact 5
Privilege. These procedures shall include the submission of 6
fingerprints or other biometric-based information by applicants 7
for the purpose of obtaining an applicant’s criminal history record 8
information from the Federal Bureau of Investigation and the 9
agency responsible for retaining that State’s criminal records; 10
a. A Member State shall, within a time frame established 11
by the Commission, require a criminal background check for a 12
Licensee seeking/applying for a Compact Privilege whose Primary 13
State of Residence is that Member State, by receiving the results of 14
the Federal Bureau of Investigation criminal record search, and 15
shall use the results in making licensure decisions. 16
b. Communication between a Member State, the 17
Commission and among Member States regarding the verification 18
of eligibility for licensure through the Compact shall not include 19
any information received from the Federal Bureau of 20
Investigation relating to a federal criminal records check 21
performed by a Member State under Public Law 92-544. 22
6. Comply with the Rules of the Commission; 23
7. Utilize only a recognized national examination as a 24
requirement for licensure pursuant to the Rules of the 25
Commission; and 26
8. Have Continuing Competence/Education requirements 27
as a condition for license renewal. 28
B. A Member State shall grant the Compact Privilege to a 29
Licensee holding a valid unencumbered license in another 30
Member State in accordance with the terms of the Compact and 31
Rules. 32
C. Member States may charge a fee for granting a Compact 33
Privilege. 34
D. A Member State shall provide for the State’s delegate to 35
attend all Occupational Therapy Compact Commission meetings. 36
E. Individuals not residing in a Member State shall continue 37
to be able to apply for a Member State’s Single-State License as 38
provided under the laws of each Member State. However, the 39
Single-State License granted to these individuals shall not be 40
recognized as granting the Compact Privilege in any other 41
Member State. 42
F. Nothing in this Compact shall affect the requirements 43
established by a Member State for the issuance of a Single-State 44
License. 45
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SECTION 4. COMPACT PRIVILEGE 1
2
A. To exercise the Compact Privilege under the terms and 3
provisions of the Compact, the Licensee shall: 4
1. Hold a license in the Home State; 5
2. Have a valid United States Social Security Number or 6
National Practitioner Identification number; 7
3. Have no encumbrance on any State license; 8
4. Be eligible for a Compact Privilege in any Member State 9
in accordance with Section 4D, F, G, and H; 10
5. Have paid all fines and completed all requirements 11
resulting from any Adverse Action against any license or Compact 12
Privilege, and two years have elapsed from the date of such 13
completion; 14
6. Notify the Commission that the Licensee is seeking the 15
Compact Privilege within a Remote State(s); 16
7. Pay any applicable fees, including any State fee, for the 17
Compact Privilege; 18
8. Complete a criminal background check in accordance 19
with Section 3A(5); 20
a. The Licensee shall be responsible for the payment of 21
any fee associated with the completion of a criminal background 22
check. 23
9. Meet any Jurisprudence Requirements established by the 24
Remote State(s) in which the Licensee is seeking a Compact 25
Privilege; and 26
10. Report to the Commission Adverse Action taken by any 27
non-Member State within 30 days from the date the Adverse 28
Action is taken. 29
B. The Compact Privilege is valid until the expiration date of 30
the Home State license. The Licensee must comply with the 31
requirements of Section 4A to maintain the Compact Privilege in 32
the Remote State. 33
C. A Licensee providing Occupational Therapy in a Remote 34
State under the Compact Privilege shall function within the laws 35
and regulations of the Remote State. 36
D. Occupational Therapy Assistants practicing in a Remote 37
State shall be supervised by an Occupational Therapist licensed or 38
holding a Compact Privilege in that Remote State. 39
E. A Licensee providing Occupational Therapy in a Remote 40
State is subject to that State’s regulatory authority. A Remote State 41
may, in accordance with due process and that State’s laws, remove 42
a Licensee’s Compact Privilege in the Remote State for a specific 43
period of time, impose fines, and/or take any other necessary 44
actions to protect the health and safety of its citizens. The Licensee 45
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may be ineligible for a Compact Privilege in any State until the 1
specific time for removal has passed and all fines are paid. 2
F. If a Home State license is encumbered, the Licensee shall 3
lose the Compact Privilege in any Remote State until the following 4
occur: 5
1. The Home State license is no longer encumbered; and 6
2. Two years have elapsed from the date on which the 7
Home State license is no longer encumbered in accordance with 8
Section 4(F)(1). 9
G. Once an Encumbered License in the Home State is 10
restored to good standing, the Licensee must meet the 11
requirements of Section 4A to obtain a Compact Privilege in any 12
Remote State. 13
H. If a Licensee’s Compact Privilege in any Remote State is 14
removed, the individual may lose the Compact Privilege in any 15
other Remote State until the following occur: 16
1. The specific period of time for which the Compact 17
Privilege was removed has ended; 18
2. All fines have been paid and all conditions have been 19
met; 20
3. Two years have elapsed from the date of completing 21
requirements for 4(H)(1) and (2); and 22
4. The Compact Privileges are reinstated by the 23
Commission, and the compact Data System is updated to reflect 24
reinstatement. 25
I. If a Licensee’s Compact Privilege in any Remote State is 26
removed due to an erroneous charge, privileges shall be restored 27
through the compact Data System. 28
J. Once the requirements of Section 4H have been met, the 29
Licensee must meet the requirements in Section 4A to obtain a 30
Compact Privilege in a Remote State. 31
32
SECTION 5. OBTAINING A NEW HOME STATE LICENSE 33
BY VIRTUE OF COMPACT PRIVILEGE 34
35
A. An Occupational Therapist or Occupational Therapy 36
Assistant may hold a Home State license, which allows for 37
Compact Privileges in Member States, in only one Member State 38
at a time. 39
B. If an Occupational Therapist or Occupational Therapy 40
Assistant changes Primary State of Residence by moving between 41
two Member States: 42
1. The Occupational Therapist or Occupational Therapy 43
Assistant shall file an application for obtaining a new Home State 44
license by virtue of a Compact Privilege, pay all applicable fees, 45
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and notify the current and new Home State in accordance with 1
applicable Rules adopted by the Commission. 2
2. Upon receipt of an application for obtaining a new Home 3
State license by virtue of compact privilege, the new Home State 4
shall verify that the Occupational Therapist or Occupational 5
Therapy Assistant meets the pertinent criteria outlined in Section 6
4 via the Data System, without need for primary source 7
verification except for: 8
a. an FBI fingerprint based criminal background check 9
if not previously performed or updated pursuant to applicable 10
Rules adopted by the Commission in accordance with Public Law 11
92-544; 12
b. other criminal background check as required by the 13
new Home State; and 14
c. submission of any requisite Jurisprudence 15
Requirements of the new Home State. 16
3. The former Home State shall convert the former Home 17
State license into a Compact Privilege once the new Home State 18
has activated the new Home State license in accordance with 19
applicable Rules adopted by the Commission. 20
4. Notwithstanding any other provision of this Compact, if 21
the Occupational Therapist or Occupational Therapy Assistant 22
cannot meet the criteria in Section 4, the new Home State shall 23
apply its requirements for issuing a new Single-State License. 24
5. The Occupational Therapist or the Occupational 25
Therapy Assistant shall pay all applicable fees to the new Home 26
State in order to be issued a new Home State license. 27
C. If an Occupational Therapist or Occupational Therapy 28
Assistant changes Primary State of Residence by moving from a 29
Member State to a non-Member State, or from a non-Member 30
State to a Member State, the State criteria shall apply for issuance 31
of a Single-State License in the new State. 32
D. Nothing in this compact shall interfere with a Licensee’s 33
ability to hold a Single-State License in multiple States; however, 34
for the purposes of this compact, a Licensee shall have only one 35
Home State license. 36
E. Nothing in this Compact shall affect the requirements 37
established by a Member State for the issuance of a Single-State 38
License. 39
40
SECTION 6. ACTIVE DUTY MILITARY 41
PERSONNEL OR THEIR SPOUSES 42
43
A. Active Duty Military personnel, or their spouses, shall 44
designate a Home State where the individual has a current license 45
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in good standing. The individual may retain the Home State 1
designation during the period the service member is on active 2
duty. Subsequent to designating a Home State, the individual shall 3
only change their Home State through application for licensure in 4
the new State or through the process described in Section 5. 5
6
SECTION 7. ADVERSE ACTIONS 7
8
A. A Home State shall have exclusive power to impose 9
Adverse Action against an Occupational Therapist’s or 10
Occupational Therapy Assistant’s license issued by the Home 11
State. 12
B. In addition to the other powers conferred by State law, a 13
Remote State shall have the authority, in accordance with existing 14
State due process law, to: 15
1. Take Adverse Action against an Occupational 16
Therapist’s or Occupational Therapy Assistant’s Compact 17
Privilege within that Member State. 18
2. Issue subpoenas for both hearings and investigations 19
that require the attendance and testimony of witnesses as well as 20
the production of evidence. Subpoenas issued by a Licensing 21
Board in a Member State for the attendance and testimony of 22
witnesses or the production of evidence from another Member 23
State shall be enforced in the latter State by any court of 24
competent jurisdiction, according to the practice and procedure of 25
that court applicable to subpoenas issued in proceedings pending 26
before it. The issuing authority shall pay any witness fees, travel 27
expenses, mileage and other fees required by the service statutes of 28
the State in which the witnesses or evidence are located. 29
C. For purposes of taking Adverse Action, the Home State 30
shall give the same priority and effect to reported conduct received 31
from a Member State as it would if the conduct had occurred 32
within the Home State. In so doing, the Home State shall apply its 33
own State laws to determine appropriate action. 34
D. The Home State shall complete any pending investigations 35
of an Occupational Therapist or Occupational Therapy Assistant 36
who changes Primary State of Residence during the course of the 37
investigations. The Home State, where the investigations were 38
initiated, shall also have the authority to take appropriate action(s) 39
and shall promptly report the conclusions of the investigations to 40
the OT Compact Commission Data System. The Occupational 41
Therapy Compact Commission Data System administrator shall 42
promptly notify the new Home State of any Adverse Actions. 43
E. A Member State, if otherwise permitted by State law, may 44
recover from the affected Occupational Therapist or Occupational 45
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Therapy Assistant the costs of investigations and disposition of 1
cases resulting from any Adverse Action taken against that 2
Occupational Therapist or Occupational Therapy Assistant. 3
F. A Member State may take Adverse Action based on the 4
factual findings of the Remote State, provided that the Member 5
State follows its own procedures for taking the Adverse Action. 6
G. Joint Investigations 7
1. In addition to the authority granted to a Member State by 8
its respective State Occupational Therapy laws and regulations or 9
other applicable State law, any Member State may participate with 10
other Member States in joint investigations of Licensees. 11
2. Member States shall share any investigative, litigation, or 12
compliance materials in furtherance of any joint or individual 13
investigation initiated under the Compact. 14
H. If an Adverse Action is taken by the Home State against 15
an Occupational Therapist’s or Occupational Therapy Assistant’s 16
license, the Occupational Therapist’s or Occupational Therapy 17
Assistant’s Compact Privilege in all other Member States shall be 18
deactivated until all encumbrances have been removed from the 19
State license. All Home State disciplinary orders that impose 20
Adverse Action against an Occupational Therapist’s or 21
Occupational Therapy Assistant’s license shall include a 22
Statement that the Occupational Therapist’s or Occupational 23
Therapy Assistant’s Compact Privilege is deactivated in all 24
Member States during the pendency of the order. 25
I. If a Member State takes Adverse Action, it shall promptly 26
notify the administrator of the Data System. The administrator of 27
the Data System shall promptly notify the Home State of any 28
Adverse Actions by Remote States. 29
J. Nothing in this Compact shall override a Member State’s 30
decision that participation in an Alternative Program may be used 31
in lieu of Adverse Action. 32
33
SECTION 8. ESTABLISHMENT OF THE OCCUPATIONAL 34
THERAPY COMPACT COMMISSION 35
36
A. The Compact Member States hereby create and establish a 37
joint public agency known as the Occupational Therapy Compact 38
Commission: 39
1. The Commission is an instrumentality of the Compact 40
States. 41
2. Venue is proper and judicial proceedings by or against 42
the Commission shall be brought solely and exclusively in a court 43
of competent jurisdiction where the principal office of the 44
Commission is located. The Commission may waive venue and 45
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jurisdictional defenses to the extent it adopts or consents to 1
participate in alternative dispute resolution proceedings. 2
3. Nothing in this Compact shall be construed to be a 3
waiver of sovereign immunity. 4
B. Membership, Voting, and Meetings 5
1. Each Member State shall have and be limited to one (1) 6
delegate selected by that Member State’s Licensing Board. 7
2. The delegate shall be either: 8
a. A current member of the Licensing Board, who is an 9
Occupational Therapist, 10
Occupational Therapy Assistant, or public member; or 11
b. An administrator of the Licensing Board. 12
3. Any delegate may be removed or suspended from office 13
as provided by the law of the State from which the delegate is 14
appointed. 15
4. The Member State board shall fill any vacancy occurring 16
in the Commission within 90 days. 17
5. Each delegate shall be entitled to one (1) vote with 18
regard to the promulgation of Rules and creation of bylaws and 19
shall otherwise have an opportunity to participate in the business 20
and affairs of the Commission. A delegate shall vote in person or 21
by such other means as provided in the bylaws. The bylaws may 22
provide for delegates’ participation in meetings by telephone or 23
other means of communication. 24
6. The Commission shall meet at least once during each 25
calendar year. Additional meetings shall be held as set forth in the 26
bylaws. 27
7. The Commission shall establish by Rule a term of office 28
for delegates. 29
C. The Commission shall have the following powers and 30
duties: 31
1. Establish a Code of Ethics for the Commission; 32
2. Establish the fiscal year of the Commission; 33
3. Establish bylaws; 34
4. Maintain its financial records in accordance with the 35
bylaws; 36
5. Meet and take such actions as are consistent with the 37
provisions of this Compact and the bylaws; 38
6. Promulgate uniform Rules to facilitate and coordinate 39
implementation and administration of this Compact. The Rules 40
shall have the force and effect of law and shall be binding in all 41
Member States; 42
7. Bring and prosecute legal proceedings or actions in the 43
name of the Commission, provided that the standing of any State 44
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Occupational Therapy Licensing Board to sue or be sued under 1
applicable law shall not be affected; 2
8. Purchase and maintain insurance and bonds; 3
9. Borrow, accept, or contract for services of personnel, 4
including, but not limited to, employees of a Member State; 5
10. Hire employees, elect or appoint officers, fix 6
compensation, define duties, grant such individuals appropriate 7
authority to carry out the purposes of the Compact, and establish 8
the Commission’s personnel policies and programs relating to 9
conflicts of interest, qualifications of personnel, and other related 10
personnel matters; 11
11. Accept any and all appropriate donations and grants of 12
money, equipment, supplies, materials and services, and receive, 13
utilize and dispose of the same; provided that at all times the 14
Commission shall avoid any appearance of impropriety and/or 15
conflict of interest; 16
12. Lease, purchase, accept appropriate gifts or donations 17
of, or otherwise own, hold, improve or use, any property, real, 18
personal or mixed; provided that at all times the Commission shall 19
avoid any appearance of impropriety; 20
13. Sell, convey, mortgage, pledge, lease, exchange, 21
abandon, or otherwise dispose of any property real, personal, or 22
mixed; 23
14. Establish a budget and make expenditures; 24
15. Borrow money; 25
16. Appoint committees, including standing committees 26
composed of members, State regulators, State legislators or their 27
representatives, and consumer representatives, and such other 28
interested persons as may be designated in this Compact and the 29
bylaws; 30
17. Provide and receive information from, and cooperate 31
with, law enforcement agencies; 32
18. Establish and elect an Executive Committee; and 33
19. Perform such other functions as may be necessary or 34
appropriate to achieve the purposes of this Compact consistent 35
with the State regulation of Occupational Therapy licensure and 36
practice. 37
D. The Executive Committee 38
The Executive Committee shall have the power to act on behalf 39
of the Commission according to the terms of this Compact. 40
1. The Executive Committee shall be composed of nine 41
members: 42
a. Seven voting members who are elected by the 43
Commission from the current membership of the Commission; 44
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b. One ex-officio, nonvoting member from a recognized 1
national Occupational Therapy professional association; and 2
c. One ex-officio, nonvoting member from a recognized 3
national Occupational Therapy certification organization. 4
2. The ex-officio members will be selected by their 5
respective organizations. 6
3. The Commission may remove any member of the 7
Executive Committee as provided in bylaws. 8
4. The Executive Committee shall meet at least annually. 9
5. The Executive Committee shall have the following Duties 10
and responsibilities: 11
a. Recommend to the entire Commission changes to the 12
Rules or bylaws, changes to this Compact legislation, fees paid by 13
Compact Member States such as annual dues, and any 14
Commission Compact fee charged to Licensees for the Compact 15
Privilege; 16
b. Ensure Compact administration services are 17
appropriately provided, contractual or otherwise; 18
c. Prepare and recommend the budget; 19
d. Maintain financial records on behalf of the 20
Commission; 21
e. Monitor Compact compliance of Member States and 22
provide compliance reports to the Commission; 23
f. Establish additional committees as necessary; and 24
g. Perform other duties as provided in Rules or bylaws. 25
E. Meetings of the Commission 26
1. All meetings shall be open to the public, and public 27
notice of meetings shall be given in the same manner as required 28
under the Rulemaking provisions in Section 10. 29
2. The Commission or the Executive Committee or other 30
committees of the Commission may convene in a closed, non-31
public meeting if the Commission or Executive Committee or 32
other committees of the Commission must discuss: 33
a. Non-compliance of a Member State with its 34
obligations under the Compact; 35
b. The employment, compensation, discipline or other 36
matters, practices or procedures related to specific employees or 37
other matters related to the Commission’s internal personnel 38
practices and procedures; 39
c. Current, threatened, or reasonably anticipated 40
litigation; 41
d. Negotiation of contracts for the purchase, lease, or 42
sale of goods, services, or real estate; 43
e. Accusing any person of a crime or formally censuring 44
any person; 45
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f. Disclosure of trade secrets or commercial or financial 1
information that is privileged or confidential; 2
g. Disclosure of information of a personal nature where 3
disclosure would constitute a clearly unwarranted invasion of 4
personal privacy; 5
h. Disclosure of investigative records compiled for law 6
enforcement purposes; 7
i. Disclosure of information related to any investigative 8
reports prepared by or on behalf of or for use of the Commission 9
or other committee charged with responsibility of investigation or 10
determination of compliance issues pursuant to the Compact; or 11
j. Matters specifically exempted from disclosure by 12
federal or Member State statute. 13
3. If a meeting, or portion of a meeting, is closed pursuant 14
to this provision, the Commission’s legal counsel or designee shall 15
certify that the meeting may be closed and shall reference each 16
relevant exempting provision. 17
4. The Commission shall keep minutes that fully and 18
clearly describe all matters discussed in a meeting and shall 19
provide a full and accurate summary of actions taken, and the 20
reasons therefore, including a description of the views expressed. 21
All documents considered in connection with an action shall be 22
identified in such minutes. All minutes and documents of a closed 23
meeting shall remain under seal, subject to release by a majority 24
vote of the Commission or order of a court of competent 25
jurisdiction. 26
F. Financing of the Commission 27
1. The Commission shall pay, or provide for the payment 28
of, the reasonable expenses of its establishment, organization, and 29
ongoing activities. 30
2. The Commission may accept any and all appropriate 31
revenue sources, donations, and grants of money, equipment, 32
supplies, materials, and services. 33
3. The Commission may levy on and collect an annual 34
assessment from each Member State or impose fees on other 35
parties to cover the cost of the operations and activities of the 36
Commission and its staff, which must be in a total amount 37
sufficient to cover its annual budget as approved by the 38
Commission each year for which revenue is not provided by other 39
sources. The aggregate annual assessment amount shall be 40
allocated based upon a formula to be determined by the 41
Commission, which shall promulgate a Rule binding upon all 42
Member States. 43
4. The Commission shall not incur obligations of any kind 44
prior to securing the funds adequate to meet the same; nor shall 45
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the Commission pledge the credit of any of the Member States, 1
except by and with the authority of the Member State. 2
5. The Commission shall keep accurate accounts of all 3
receipts and disbursements. The receipts and disbursements of the 4
Commission shall be subject to the audit and accounting 5
procedures established under its bylaws. However, all receipts and 6
disbursements of funds handled by the Commission shall be 7
audited yearly by a certified or licensed public accountant, and the 8
report of the audit shall be included in and become part of the 9
annual report of the Commission. 10
G. Qualified Immunity, Defense, and Indemnification 11
1. The members, officers, executive director, employees and 12
representatives of the Commission shall be immune from suit and 13
liability, either personally or in their official capacity, for any 14
claim for damage to or loss of property or personal injury or other 15
civil liability caused by or arising out of any actual or alleged act, 16
error or omission that occurred, or that the person against whom 17
the claim is made had a reasonable basis for believing occurred 18
within the scope of Commission employment, duties or 19
responsibilities; provided that nothing in this paragraph shall be 20
construed to protect any such person from suit and/or liability for 21
any damage, loss, injury, or liability caused by the intentional or 22
willful or wanton misconduct of that person. 23
2. The Commission shall defend any member, officer, 24
executive director, employee, or representative of the Commission 25
in any civil action seeking to impose liability arising out of any 26
actual or alleged act, error, or omission that occurred within the 27
scope of Commission employment, duties, or responsibilities, or 28
that the person against whom the claim is made had a reasonable 29
basis for believing occurred within the scope of Commission 30
employment, duties, or responsibilities; provided that nothing 31
herein shall be construed to prohibit that person from retaining 32
his or her own counsel; and provided further, that the actual or 33
alleged act, error, or omission did not result from that person’s 34
intentional or willful or wanton misconduct. 35
3. The Commission shall indemnify and hold harmless any 36
member, officer, executive director, employee, or representative of 37
the Commission for the amount of any settlement or judgment 38
obtained against that person arising out of any actual or alleged 39
act, error or omission that occurred within the scope of 40
Commission employment, duties, or responsibilities, or that such 41
person had a reasonable basis for believing occurred within the 42
scope of Commission employment, duties, or responsibilities, 43
provided that the actual or alleged act, error, or omission did not 44
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result from the intentional or willful or wanton misconduct of that 1
person. 2
3
SECTION 9. DATA SYSTEM 4
5
A. The Commission shall provide for the development, 6
maintenance, and utilization of a coordinated database and 7
reporting system containing licensure, Adverse Action, and 8
Investigative Information on all licensed individuals in Member 9
States. 10
B. A Member State shall submit a uniform data set to the 11
Data System on all individuals to whom this Compact is applicable 12
(utilizing a unique identifier) as required by the Rules of the 13
Commission, including: 14
1. Identifying information; 15
2. Licensure data; 16
3. Adverse Actions against a license or Compact Privilege; 17
4. Non-confidential information related to Alternative 18
Program participation; 19
5. Any denial of application for licensure, and the reason(s) 20
for such denial; 21
6. Other information that may facilitate the administration 22
of this Compact, as determined by the Rules of the Commission; 23
and 24
7. Current Significant Investigative Information. 25
C. Current Significant Investigative Information and other 26
Investigative Information pertaining to a Licensee in any Member 27
State will only be available to other Member States. 28
D. The Commission shall promptly notify all Member States 29
of any Adverse Action taken against a Licensee or an individual 30
applying for a license. Adverse Action information pertaining to a 31
Licensee in any Member State will be available to any other 32
Member State. 33
E. Member States contributing information to the Data 34
System may designate information that may not be shared with the 35
public without the express permission of the contributing State. 36
F. Any information submitted to the Data System that is 37
subsequently required to be expunged by the laws of the Member 38
State contributing the information shall be removed from the Data 39
System. 40
41
SECTION 10. RULEMAKING 42
43
A. The Commission shall exercise its Rulemaking powers 44
pursuant to the criteria set forth in this Section and the Rules 45
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adopted thereunder. Rules and amendments shall become binding 1
as of the date specified in each Rule or amendment. 2
B. The Commission shall promulgate reasonable rules in 3
order to effectively and efficiently achieve the purposes of the 4
Compact. Notwithstanding the foregoing, in the event the 5
Commission exercises its rulemaking authority in a manner that is 6
beyond the scope of the purposes of the Compact, or the powers 7
granted hereunder, then such an action by the Commission shall 8
be invalid and have no force and effect. 9
C. If a majority of the legislatures of the Member States 10
rejects a Rule, by enactment of a statute or resolution in the same 11
manner used to adopt the Compact within 4 years of the date of 12
adoption of the Rule, then such Rule shall have no further force 13
and effect in any Member State. 14
D. Rules or amendments to the Rules shall be adopted at a 15
regular or special meeting of the Commission. 16
E. Prior to promulgation and adoption of a final Rule or 17
Rules by the Commission, and at least thirty (30) days in advance 18
of the meeting at which the Rule will be considered and voted 19
upon, the Commission shall file a Notice of Proposed 20
Rulemaking: 21
1. On the website of the Commission or other publicly 22
accessible platform; and 23
2. On the website of each Member State Occupational 24
Therapy Licensing Board or other publicly accessible platform or 25
the publication in which each State would otherwise publish 26
proposed Rules. 27
F. The Notice of Proposed Rulemaking shall include: 28
1. The proposed time, date, and location of the meeting in 29
which the Rule will be considered and voted upon; 30
2. The text of the proposed Rule or amendment and the 31
reason for the proposed Rule; 32
3. A request for comments on the proposed Rule from any 33
interested person; and 34
4. The manner in which interested persons may submit 35
notice to the Commission of their intention to attend the public 36
hearing and any written comments. 37
G. Prior to adoption of a proposed Rule, the Commission 38
shall allow persons to submit written data, facts, opinions, and 39
arguments, which shall be made available to the public. 40
H. The Commission shall grant an opportunity for a public 41
hearing before it adopts a Rule or amendment if a hearing is 42
requested by: 43
1. At least twenty five (25) persons; 44
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- *AB106*
2. A State or federal governmental subdivision or agency; 1
or 2
3. An association or organization having at least twenty five 3
(25) members. 4
I. If a hearing is held on the proposed Rule or amendment, 5
the Commission shall publish the place, time, and date of the 6
scheduled public hearing. If the hearing is held via electronic 7
means, the Commission shall publish the mechanism for access to 8
the electronic hearing. 9
1. All persons wishing to be heard at the hearing shall 10
notify the executive director of the Commission or other 11
designated member in writing of their desire to appear and testify 12
at the hearing not less than five (5) business days before the 13
scheduled date of the hearing. 14
2. Hearings shall be conducted in a manner providing each 15
person who wishes to comment a fair and reasonable opportunity 16
to comment orally or in writing. 17
3. All hearings will be recorded. A copy of the recording 18
will be made available on request. 19
4. Nothing in this section shall be construed as requiring a 20
separate hearing on each Rule. Rules may be grouped for the 21
convenience of the Commission at hearings required by this 22
section. 23
J. Following the scheduled hearing date, or by the close of 24
business on the scheduled hearing date if the hearing was not 25
held, the Commission shall consider all written and oral comments 26
received. 27
K. If no written notice of intent to attend the public hearing 28
by interested parties is received, the Commission may proceed with 29
promulgation of the proposed Rule without a public hearing. 30
L. The Commission shall, by majority vote of all members, 31
take final action on the proposed Rule and shall determine the 32
effective date of the Rule, if any, based on the Rulemaking record 33
and the full text of the Rule. 34
M. Upon determination that an emergency exists, the 35
Commission may consider and adopt an emergency Rule without 36
prior notice, opportunity for comment, or hearing, provided that 37
the usual Rulemaking procedures provided in the Compact and in 38
this section shall be retroactively applied to the Rule as soon as 39
reasonably possible, in no event later than ninety (90) days after 40
the effective date of the Rule. For the purposes of this provision, 41
an emergency Rule is one that must be adopted immediately in 42
order to: 43
1. Meet an imminent threat to public health, safety, or 44
welfare; 45
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2. Prevent a loss of Commission or Member State funds; 1
3. Meet a deadline for the promulgation of an 2
administrative Rule that is established by federal law or Rule; or 3
4. Protect public health and safety. 4
N. The Commission or an authorized committee of the 5
Commission may direct revisions to a previously adopted Rule or 6
amendment for purposes of correcting typographical errors, errors 7
in format, errors in consistency, or grammatical errors. Public 8
notice of any revisions shall be posted on the website of the 9
Commission. The revision shall be subject to challenge by any 10
person for a period of thirty (30) days after posting. The revision 11
may be challenged only on grounds that the revision results in a 12
material change to a Rule. A challenge shall be made in writing 13
and delivered to the chair of the Commission prior to the end of 14
the notice period. If no challenge is made, the revision will take 15
effect without further action. If the revision is challenged, the 16
revision may not take effect without the approval of the 17
Commission. 18
19
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, 20
AND ENFORCEMENT 21
22
A. Oversight 23
1. The executive, legislative, and judicial branches of State 24
government in each Member State shall enforce this Compact and 25
take all actions necessary and appropriate to effectuate the 26
Compact’s purposes and intent. The provisions of this Compact 27
and the Rules promulgated hereunder shall have standing as 28
statutory law. 29
2. All courts shall take judicial notice of the Compact and 30
the Rules in any judicial or administrative proceeding in a 31
Member State pertaining to the subject matter of this Compact 32
which may affect the powers, responsibilities, or actions of the 33
Commission. 34
3. The Commission shall be entitled to receive service of 35
process in any such proceeding, and shall have standing to 36
intervene in such a proceeding for all purposes. Failure to provide 37
service of process to the Commission shall render a judgment or 38
order void as to the Commission, this Compact, or promulgated 39
Rules. 40
B. Default, Technical Assistance, and Termination 41
1. If the Commission determines that a Member State has 42
defaulted in the performance of its obligations or responsibilities 43
under this Compact or the promulgated Rules, the Commission 44
shall: 45
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- *AB106*
a. Provide written notice to the defaulting State and 1
other Member States of the nature of the default, the proposed 2
means of curing the default and/or any other action to be taken by 3
the Commission; and 4
b. Provide remedial training and specific technical 5
assistance regarding the default. 6
2. If a State in default fails to cure the default, the 7
defaulting State may be terminated from the Compact upon an 8
affirmative vote of a majority of the Member States, and all rights, 9
privileges and benefits conferred by this Compact may be 10
terminated on the effective date of termination. A cure of the 11
default does not relieve the offending State of obligations or 12
liabilities incurred during the period of default. 13
3. Termination of membership in the Compact shall be 14
imposed only after all other means of securing compliance have 15
been exhausted. Notice of intent to suspend or terminate shall be 16
given by the Commission to the governor, the majority and 17
minority leaders of the defaulting State’s legislature, and each of 18
the Member States. 19
4. A State that has been terminated is responsible for all 20
assessments, obligations, and liabilities incurred through the 21
effective date of termination, including obligations that extend 22
beyond the effective date of termination. 23
5. The Commission shall not bear any costs related to a 24
State that is found to be in default or that has been terminated 25
from the Compact, unless agreed upon in writing between the 26
Commission and the defaulting State. 27
6. The defaulting State may appeal the action of the 28
Commission by petitioning the U.S. District Court for the District 29
of Columbia or the federal district where the Commission has its 30
principal offices. The prevailing member shall be awarded all 31
costs of such litigation, including reasonable attorney’s fees. 32
C. Dispute Resolution 33
1. Upon request by a Member State, the Commission shall 34
attempt to resolve disputes related to the Compact that arise 35
among Member States and between member and non-Member 36
States. 37
2. The Commission shall promulgate a Rule providing for 38
both mediation and binding dispute resolution for disputes as 39
appropriate. 40
D. Enforcement 41
1. The Commission, in the reasonable exercise of its 42
discretion, shall enforce the provisions and Rules of this Compact. 43
2. By majority vote, the Commission may initiate legal 44
action in the United States District Court for the District of 45
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- *AB106*
Columbia or the federal district where the Commission has its 1
principal offices against a Member State in default to enforce 2
compliance with the provisions of the Compact and its 3
promulgated Rules and bylaws. The relief sought may include 4
both injunctive relief and damages. In the event judicial 5
enforcement is necessary, the prevailing member shall be awarded 6
all costs of such litigation, including reasonable attorney’s fees. 7
3. The remedies herein shall not be the exclusive remedies 8
of the Commission. The Commission may pursue any other 9
remedies available under federal or State law. 10
11
SECTION 12. DATE OF IMPLEMENTATION OF THE 12
INTERSTATE COMMISSION FOR OCCUPATIONAL 13
THERAPY PRACTICE AND ASSOCIATED RULES, 14
WITHDRAWAL, AND AMENDMENT 15
16
A. The Compact shall come into effect on the date on which 17
the Compact statute is enacted into law in the tenth Member State. 18
The provisions, which become effective at that time, shall be 19
limited to the powers granted to the Commission relating to 20
assembly and the promulgation of Rules. Thereafter, the 21
Commission shall meet and exercise Rulemaking powers 22
necessary to the implementation and administration of the 23
Compact. 24
B. Any State that joins the Compact subsequent to the 25
Commission’s initial adoption of the Rules shall be subject to the 26
Rules as they exist on the date on which the Compact becomes law 27
in that State. Any Rule that has been previously adopted by the 28
Commission shall have the full force and effect of law on the day 29
the Compact becomes law in that State. 30
C. Any Member State may withdraw from this Compact by 31
enacting a statute repealing the same. 32
1. A Member State’s withdrawal shall not take effect until 33
six (6) months after enactment of the repealing statute. 34
2. Withdrawal shall not affect the continuing requirement 35
of the withdrawing State’s Occupational Therapy Licensing Board 36
to comply with the investigative and Adverse Action reporting 37
requirements of this act prior to the effective date of withdrawal. 38
D. Nothing contained in this Compact shall be construed to 39
invalidate or prevent any Occupational Therapy licensure 40
agreement or other cooperative arrangement between a Member 41
State and a non-Member State that does not conflict with the 42
provisions of this Compact. 43
E. This Compact may be amended by the Member States. No 44
amendment to this Compact shall become effective and binding 45
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- *AB106*
upon any Member State until it is enacted into the laws of all 1
Member States. 2
3
SECTION 13. CONSTRUCTION AND SEVERABILITY 4
5
This Compact shall be liberally construed so as to effectuate 6
the purposes thereof. The provisions of this Compact shall be 7
severable and if any phrase, clause, sentence or provision of this 8
Compact is declared to be contrary to the constitution of any 9
Member State or of the United States or the applicability thereof to 10
any government, agency, person, or circumstance is held invalid, 11
the validity of the remainder of this Compact and the applicability 12
thereof to any government, agency, person, or circumstance shall 13
not be affected thereby. If this Compact shall be held contrary to 14
the constitution of any Member State, the Compact shall remain in 15
full force and effect as to the remaining Member States and in full 16
force and effect as to the Member State affected as to all severable 17
matters. 18
19
SECTION 14. BINDING EFFECT OF 20
COMPACT AND OTHER LAWS 21
22
A. A Licensee providing Occupational Therapy in a Remote 23
State under the Compact Privilege shall function within the laws 24
and regulations of the Remote State. 25
B. Nothing herein prevents the enforcement of any other law 26
of a Member State that is not inconsistent with the Compact. 27
C. Any laws in a Member State in conflict with the Compact 28
are superseded to the extent of the conflict. 29
D. Any lawful actions of the Commission, including all Rules 30
and bylaws promulgated by the Commission, are binding upon the 31
Member States. 32
E. All agreements between the Commission and the Member 33
States are binding in accordance with their terms. 34
F. In the event any provision of the Compact exceeds the 35
constitutional limits imposed on the legislature of any Member 36
State, the provision shall be ineffective to the extent of the conflict 37
with the constitutional provision in question in that Member State. 38
Sec. 2. NRS 640A.220 is hereby amended to read as follows: 39
640A.220 1. Except as otherwise provided in this section and 40
NRS 239.0115, and section 1 of this act, a complaint filed with the 41
Board, all documents and other information filed with the complaint 42
and all documents and other information compiled as a result of an 43
investigation conducted to determine whether to initiate disciplinary 44
action against a person are confidential, unless the person submits a 45
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- *AB106*
written statement to the Board requesting that such documents and 1
information be made public records. 2
2. The charging documents filed with the Board to initiate 3
disciplinary action pursuant to chapter 622A of NRS and all 4
documents and information considered by the Board when 5
determining whether to impose discipline are public records. 6
3. The Board shall, to the extent feasible, communicate or 7
cooperate with or provide any documents or other information to 8
any other licensing board or any other agency that is investigating a 9
person, including, without limitation, a law enforcement agency. 10
4. The Board shall retain all complaints filed with the Board 11
for at least 10 years, including, without limitation, any complaints 12
not acted upon. 13
Sec. 3. The preliminary chapter of NRS is hereby amended by 14
adding thereto a new section to read as follows: 15
Except as otherwise expressly provided in a particular statute 16
or required by the context, privilege to practice as an occupational 17
therapist or occupational therapy assistant in this State under the 18
Occupational Therapy Licensure Compact ratified and entered 19
into in section 1 of this act shall be deemed to be equivalent to the 20
corresponding license. 21
Sec. 4. NRS 239.010 is hereby amended to read as follows: 22
239.010 1. Except as otherwise provided in this section and 23
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 24
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 25
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 26
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 27
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 28
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 29
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 30
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 31
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 32
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 33
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 34
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 35
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 36
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 37
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 38
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 39
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 40
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 41
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 42
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 43
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 44
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 45
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- *AB106*
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 1
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 2
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 3
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 4
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 5
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 6
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 7
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 8
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 9
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 10
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 11
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 12
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 13
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 14
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 15
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 16
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 17
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 18
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 19
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 20
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 21
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 22
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 23
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 24
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 25
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 26
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 27
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 28
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 29
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 30
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 31
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 32
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 33
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 34
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 35
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 36
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 37
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 38
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 39
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 40
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 41
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 42
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 43
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 44
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 45
– 26 –
- *AB106*
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 1
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 2
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 3
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 4
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 5
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 6
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 7
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 8
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 9
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 10
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 11
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 12
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 13
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 14
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 15
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 16
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 17
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 18
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 19
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 20
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 21
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 22
711.600, and section 1 of this act, sections 35, 38 and 41 of chapter 23
478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes 24
of Nevada 2013 and unless otherwise declared by law to be 25
confidential, all public books and public records of a governmental 26
entity must be open at all times during office hours to inspection by 27
any person, and may be fully copied or an abstract or memorandum 28
may be prepared from those public books and public records. Any 29
such copies, abstracts or memoranda may be used to supply the 30
general public with copies, abstracts or memoranda of the records or 31
may be used in any other way to the advantage of the governmental 32
entity or of the general public. This section does not supersede or in 33
any manner affect the federal laws governing copyrights or enlarge, 34
diminish or affect in any other manner the rights of a person in any 35
written book or record which is copyrighted pursuant to federal law. 36
2. A governmental entity may not reject a book or record 37
which is copyrighted solely because it is copyrighted. 38
3. A governmental entity that has legal custody or control of a 39
public book or record shall not deny a request made pursuant to 40
subsection 1 to inspect or copy or receive a copy of a public book or 41
record on the basis that the requested public book or record contains 42
information that is confidential if the governmental entity can 43
redact, delete, conceal or separate, including, without limitation, 44
electronically, the confidential information from the information 45
– 27 –
- *AB106*
included in the public book or record that is not otherwise 1
confidential. 2
4. If requested, a governmental entity shall provide a copy of a 3
public record in an electronic format by means of an electronic 4
medium. Nothing in this subsection requires a governmental entity 5
to provide a copy of a public record in an electronic format or by 6
means of an electronic medium if: 7
(a) The public record: 8
(1) Was not created or prepared in an electronic format; and 9
(2) Is not available in an electronic format; or 10
(b) Providing the public record in an electronic format or by 11
means of an electronic medium would: 12
(1) Give access to proprietary software; or 13
(2) Require the production of information that is confidential 14
and that cannot be redacted, deleted, concealed or separated from 15
information that is not otherwise confidential. 16
5. An officer, employee or agent of a governmental entity who 17
has legal custody or control of a public record: 18
(a) Shall not refuse to provide a copy of that public record in the 19
medium that is requested because the officer, employee or agent has 20
already prepared or would prefer to provide the copy in a different 21
medium. 22
(b) Except as otherwise provided in NRS 239.030, shall, upon 23
request, prepare the copy of the public record and shall not require 24
the person who has requested the copy to prepare the copy himself 25
or herself. 26
Sec. 5. This act becomes effective on July 1, 2025. 27
H