PRINTER'S NO. 465
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.482
Session of
2025
INTRODUCED BY MARKOSEK, BURGOS, FREEMAN, HARKINS, SAPPEY,
DONAHUE, GIRAL, SANCHEZ, GUENST, VENKAT, HANBIDGE, HILL-
EVANS, KHAN, HOHENSTEIN, DALEY, SHUSTERMAN, DEASY, GREEN,
MADDEN AND CEPEDA-FREYTIZ, FEBRUARY 4, 2025
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
FEBRUARY 4, 2025
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the
Interstate Compact; providing for the form of the compact;
and imposing additional powers and duties on the Governor,
the Secretary of the Commonwealth and the Compact.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Interstate
Occupational Therapy Licensure Act.
Section 2. Authority to execute compact.
The Governor of Pennsylvania, on behalf of this State, is
hereby authorized to execute a compact in substantially the
following form with any one or more of the states of the United
States and the General Assembly hereby signifies in advance its
approval and ratification of such compact:
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate interstate
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 practice of Occupational Therapy with the goal of improving
public access to Occupational Therapy services. The Practice of
Occupational Therapy occurs in the State where the
patient/client is located at the time of the patient/client
encounter. The Compact preserves the regulatory authority of
States to protect public health and safety through the current
system of State licensure.
This Compact is designed to achieve the following objectives:
A. Increase public access to Occupational Therapy services
by providing for the mutual recognition of other Member State
licenses;
B. Enhance the States' ability to protect the public's
health and safety;
C. Encourage the cooperation of Member States in regulating
multi-State Occupational Therapy Practice;
D. Support spouses of relocating military members;
E. Enhance the exchange of licensure, investigative, and
disciplinary information between Member States;
F. Allow a Remote State to hold a provider of services with
a Compact Privilege in that State accountable to that State's
practice standards; and
G. Facilitate the use of Telehealth technology in order to
increase access to Occupational Therapy services.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided,
the following definitions shall apply:
A. "Active Duty Military" means full-time duty status in the
active uniformed service of the United States, including members
of the National Guard and Reserve on active duty orders pursuant
to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211.
20250HB0482PN0465 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 B. "Adverse Action" means any administrative, civil,
equitable, or criminal action permitted by a State's laws which
is imposed by a Licensing Board or other authority against an
Occupational Therapist or Occupational Therapy Assistant,
including actions against an individual's license or Compact
Privilege such as censure, revocation, suspension, probation,
monitoring of the Licensee, or restriction on the Licensee's
practice.
C. "Alternative Program" means a non-disciplinary monitoring
process approved by an Occupational Therapy Licensing Board.
D. "Compact Privilege" means the authorization, which is
equivalent to a license, granted by a Remote State to allow a
Licensee from another Member State to practice as an
Occupational Therapist or practice as an Occupational Therapy
Assistant in the Remote State under its laws and rules. The
Practice of Occupational Therapy occurs in the Member State
where the patient/client is located at the time of the
patient/client encounter.
E. "Continuing Competence/Education" means a requirement, as
a condition of license renewal, to provide evidence of
participation in, and/or completion of, educational and
professional activities relevant to practice or area of work.
F. "Current Significant Investigative Information" means
Investigative Information that a Licensing Board, after an
inquiry or investigation that includes notification and an
opportunity for the Occupational Therapist or Occupational
Therapy Assistant to respond, if required by State law, has
reason to believe is not groundless and, if proved true, would
indicate more than a minor infraction.
G. "Data System" means a repository of information about
20250HB0482PN0465 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 Licensees, including but not limited to license status,
Investigative Information, Compact Privileges, and Adverse
Actions.
H. "Encumbered License" means a license in which an Adverse
Action restricts the Practice of Occupational Therapy by the
Licensee or said Adverse Action has been reported to the
National Practitioners Data Bank (NPDB).
I. "Executive Committee" means a group of directors elected
or appointed to act on behalf of, and within the powers granted
to them by, the Commission.
J. "Home State" means the Member State that is the
Licensee's Primary State of Residence.
K. "Impaired Practitioner" means individuals whose
professional practice is adversely affected by substance abuse,
addiction, or other health-related conditions.
L. "Investigative Information" means information, records,
and/or documents received or generated by an Occupational
Therapy Licensing Board pursuant to an investigation.
M. "Jurisprudence Requirement" means the assessment of an
individual's knowledge of the laws and rules governing the
Practice of Occupational Therapy in a State.
N. "Licensee" means an individual who currently holds an
authorization from the State to practice as an Occupational
Therapist or as an Occupational Therapy Assistant.
O. "Member State" means a State that has enacted the
Compact.
P. "Occupational Therapist" means an individual who is
licensed by a State to practice Occupational Therapy.
Q. "Occupational Therapy Assistant" means an individual who
is licensed by a State to assist in the Practice of Occupational
20250HB0482PN0465 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 Therapy.
R. "Occupational Therapy," "Occupational Therapy Practice,"
and the "Practice of Occupational Therapy" mean the care and
services provided by an Occupational Therapist or an
Occupational Therapy Assistant as set forth in the Member
State's statutes and regulations.
S. "Occupational Therapy Compact Commission" or "Commission"
means the national administrative body whose membership consists
of all States that have enacted the Compact.
T. "Occupational Therapy Licensing Board" or "Licensing
Board" means the agency of a State that is authorized to license
and regulate Occupational Therapists and Occupational Therapy
Assistants.
U. "Primary State of Residence" means the state (also known
as the Home State) in which an Occupational Therapist or
Occupational Therapy Assistant who is not Active Duty Military
declares a primary residence for legal purposes as verified by:
driver's license, federal income tax return, lease, deed,
mortgage or voter registration or other verifying documentation
as further defined by Commission Rules.
V. "Remote State" means a Member State other than the Home
State, where a Licensee is exercising or seeking to exercise the
Compact Privilege.
W. "Rule" means a regulation promulgated by the Commission
that has the force of law.
X. "State" means any state, commonwealth, district, or
territory of the United States of America that regulates the
Practice of Occupational Therapy.
Y. "Single-State License" means an Occupational Therapist or
Occupational Therapy Assistant license issued by a Member State
20250HB0482PN0465 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 that authorizes practice only within the issuing State and does
not include a Compact Privilege in any other Member State.
Z. "Telehealth" means the application of telecommunication
technology to deliver Occupational Therapy services for
assessment, intervention and/or consultation.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To participate in the Compact, a Member State shall:
1. License Occupational Therapists and Occupational Therapy
Assistants
2. Participate fully in the Commission's Data System,
including but not limited to using the Commission's unique
identifier as defined in Rules of the Commission;
3. Have a mechanism in place for receiving and investigating
complaints about Licensees;
4. Notify the Commission, in compliance with the terms of
the Compact and Rules, of any Adverse Action or the availability
of Investigative Information regarding a Licensee;
5. Implement or utilize procedures for considering the
criminal history records of applicants for an initial Compact
Privilege. These procedures shall include the submission of
fingerprints or other biometric-based information by applicants
for the purpose of obtaining an applicant's criminal history
record information from the Federal Bureau of Investigation and
the agency responsible for retaining that State's criminal
records;
a. A Member State shall, within a time frame established by
the Commission, require a criminal background check for a
Licensee seeking/applying for a Compact Privilege whose Primary
State of Residence is that Member State, by receiving the
results of the Federal Bureau of Investigation criminal record
20250HB0482PN0465 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 search, and shall use the results in making licensure decisions.
b. Communication between a Member State, the Commission and
among Member States regarding the verification of eligibility
for licensure through the Compact shall not include any
information received from the Federal Bureau of Investigation
relating to a federal criminal records check performed by a
Member State under Public Law 92-544.
6. Comply with the Rules of the Commission;
7. Utilize only a recognized national examination as a
requirement for licensure pursuant to the Rules of the
Commission; and
8. Have Continuing Competence/Education requirements as a
condition for license renewal.
B. A Member State shall grant the Compact Privilege to a
Licensee holding a valid unencumbered license in another Member
State in accordance with the terms of the Compact and Rules.
C. Member States may charge a fee for granting a Compact
Privilege.
D. A Member State shall provide for the State's delegate to
attend all Occupational Therapy Compact Commission meetings.
E. Individuals not residing in a Member State shall continue
to be able to apply for a Member State's Single-State License as
provided under the laws of each Member State. However, the
Single-State License granted to these individuals shall not be
recognized as granting the Compact Privilege in any other Member
State.
F. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single-State
License.
SECTION 4. COMPACT PRIVILEGE
20250HB0482PN0465 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 A. To exercise the Compact Privilege under the terms and
provisions of the Compact, the Licensee shall:
1. Hold a license in the Home State;
2. Have a valid United States Social Security Number or
National Practitioner Identification number;
3. Have no encumbrance on any State license;
4. Be eligible for a Compact Privilege in any Member State
in accordance with Section 4D, F, G, and H;
5. Have paid all fines and completed all requirements
resulting from any Adverse Action against any license or Compact
Privilege, and two years have elapsed from the date of such
completion;
6. Notify the Commission that the Licensee is seeking the
Compact Privilege within a Remote State(s);
7. Pay any applicable fees, including any State fee, for the
Compact Privilege;
8. Complete a criminal background check in accordance with
Section 3A(5);
a. The Licensee shall be responsible for the payment of any
fee associated with the completion of a criminal background
check.
9. Meet any Jurisprudence Requirements established by the
Remote State(s) in which the Licensee is seeking a Compact
Privilege; and
10. Report to the Commission Adverse Action taken by any
non-Member State within 30 days from the date the Adverse Action
is taken.
B. The Compact Privilege is valid until the expiration date
of the Home State license. The Licensee must comply with the
requirements of Section 4A to maintain the Compact Privilege in
20250HB0482PN0465 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 the Remote State.
C. A Licensee providing Occupational Therapy in a Remote
State under the Compact Privilege shall function within the laws
and regulations of the Remote State.
D. Occupational Therapy Assistants practicing in a Remote
State shall be supervised by an Occupational Therapist licensed
or holding a Compact Privilege in that Remote State.
E. A Licensee providing Occupational Therapy in a Remote
State is subject to that State's regulatory authority. A Remote
State may, in accordance with due process and that State's laws,
remove a Licensee's Compact Privilege in the Remote State for a
specific period of time, impose fines, and/or take any other
necessary actions to protect the health and safety of its
citizens. The Licensee may be ineligible for a Compact Privilege
in any State until the specific time for removal has passed and
all fines are paid.
F. If a Home State license is encumbered, the Licensee shall
lose the Compact Privilege in any Remote State until the
following occur:
1. The Home State license is no longer encumbered; and
2. Two years have elapsed from the date on which the Home
State license is no longer encumbered in accordance with Section
4(F)(1).
G. Once an Encumbered License in the Home State is restored
to good standing, the Licensee must meet the requirements of
Section 4A to obtain a Compact Privilege in any Remote State.
H. If a Licensee's Compact Privilege in any Remote State is
removed, the individual may lose the Compact Privilege in any
other Remote State until the following occur:
1. The specific period of time for which the Compact
20250HB0482PN0465 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 Privilege was removed has ended;
2. All fines have been paid and all conditions have been
met;
3. Two years have elapsed from the date of completing
requirements for 4(H)(1) and (2); and
4. The Compact Privileges are reinstated by the Commission,
and the compact Data System is updated to reflect reinstatement.
I. If a Licensee's Compact Privilege in any Remote State is
removed due to an erroneous charge, privileges shall be restored
through the compact Data System.
J. Once the requirements of Section 4H have been met, the
Licensee must meet the requirements in Section 4A to obtain a
Compact Privilege in a Remote State.
SECTION 5. OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF
COMPACT PRIVILEGE
A. An Occupational Therapist or Occupational Therapy
Assistant may hold a Home State license, which allows for
Compact Privileges in Member States, in only one Member State at
a time.
B. If an Occupational Therapist or Occupational Therapy
Assistant changes Primary State of Residence by moving between
two Member States:
1. The Occupational Therapist or Occupational Therapy
Assistant shall file an application for obtaining a new Home
State license by virtue of a Compact Privilege, pay all
applicable fees, and notify the current and new Home State in
accordance with applicable Rules adopted by the Commission.
2. Upon receipt of an application for obtaining a new Home
State license by virtue of compact privilege, the new Home State
shall verify that the Occupational Therapist or Occupational
20250HB0482PN0465 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 Therapy Assistant meets the pertinent criteria outlined in
Section 4 via the Data System, without need for primary source
verification except for:
a. an FBI fingerprint based criminal background check if not
previously performed or updated pursuant to applicable Rules
adopted by the Commission in accordance with Public Law 92-544;
b. other criminal background check as required by the new
Home State; and
c. submission of any requisite Jurisprudence Requirements of
the new Home State.
3. The former Home State shall convert the former Home State
license into a Compact Privilege once the new Home State has
activated the new Home State license in accordance with
applicable Rules adopted by the Commission.
4. Notwithstanding any other provision of this Compact, if
the Occupational Therapist or Occupational Therapy Assistant
cannot meet the criteria in Section 4, the new Home State shall
apply its requirements for issuing a new Single-State License.
5. The Occupational Therapist or the Occupational Therapy
Assistant shall pay all applicable fees to the new Home State in
order to be issued a new Home State license.
C. If an Occupational Therapist or Occupational Therapy
Assistant changes Primary State of Residence by moving from a
Member State to a non-Member State, or from a non-Member State
to a Member State, the State criteria shall apply for issuance
of a Single-State License in the new State.
D. Nothing in this compact shall interfere with a Licensee's
ability to hold a Single-State License in multiple States;
however, for the purposes of this compact, a Licensee shall have
only one Home State license.
20250HB0482PN0465 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 E. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single-State
License.
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
A. Active Duty Military personnel, or their spouses, shall
designate a Home State where the individual has a current
license in good standing. The individual may retain the Home
State designation during the period the service member is on
active duty. Subsequent to designating a Home State, the
individual shall only change their Home State through
application for licensure in the new State or through the
process described in Section 5.
SECTION 7. ADVERSE ACTIONS
A. A Home State shall have exclusive power to impose Adverse
Action against an Occupational Therapist's or Occupational
Therapy Assistant's license issued by the Home State.
B. In addition to the other powers conferred by State law, a
Remote State shall have the authority, in accordance with
existing State due process law, to:
1. Take Adverse Action against an Occupational Therapist's
or Occupational Therapy Assistant's Compact Privilege within
that Member State.
2. Issue subpoenas for both hearings and investigations that
require the attendance and testimony of witnesses as well as the
production of evidence. Subpoenas issued by a Licensing Board in
a Member State for the attendance and testimony of witnesses or
the production of evidence from another Member State shall be
enforced in the latter State by any court of competent
jurisdiction, according to the practice and procedure of that
court applicable to subpoenas issued in proceedings pending
20250HB0482PN0465 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 before it. The issuing authority shall pay any witness fees,
travel expenses, mileage and other fees required by the service
statutes of the State in which the witnesses or evidence are
located.
C. For purposes of taking Adverse Action, the Home State
shall give the same priority and effect to reported conduct
received from a Member State as it would if the conduct had
occurred within the Home State. In so doing, the Home State
shall apply its own State laws to determine appropriate action.
D. The Home State shall complete any pending investigations
of an Occupational Therapist or Occupational Therapy Assistant
who changes Primary State of Residence during the course of the
investigations. The Home State, where the investigations were
initiated, shall also have the authority to take appropriate
action(s) and shall promptly report the conclusions of the
investigations to the OT Compact Commission Data System. The
Occupational Therapy Compact Commission Data System
administrator shall promptly notify the new Home State of any
Adverse Actions.
E. A Member State, if otherwise permitted by State law, may
recover from the affected Occupational Therapist or Occupational
Therapy Assistant the costs of investigations and disposition of
cases resulting from any Adverse Action taken against that
Occupational Therapist or Occupational Therapy Assistant.
F. A Member State may take Adverse Action based on the
factual findings of the Remote State, provided that the Member
State follows its own procedures for taking the Adverse Action.
G. Joint Investigations.
1. In addition to the authority granted to a Member State by
its respective State Occupational Therapy laws and regulations
20250HB0482PN0465 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 or other applicable State law, any Member State may participate
with other Member States in joint investigations of Licensees.
2. Member States shall share any investigative, litigation,
or compliance materials in furtherance of any joint or
individual investigation initiated under the Compact.
H. If an Adverse Action is taken by the Home State against
an Occupational Therapist's or Occupational Therapy Assistant's
license, the Occupational Therapist's or Occupational Therapy
Assistant's Compact Privilege in all other Member States shall
be deactivated until all encumbrances have been removed from the
State license. All Home State disciplinary orders that impose
Adverse Action against an Occupational Therapist's or
Occupational Therapy Assistant's license shall include a
Statement that the Occupational Therapist's or Occupational
Therapy Assistant's Compact Privilege is deactivated in all
Member States during the pendency of the order.
I. If a Member State takes Adverse Action, it shall promptly
notify the administrator of the Data System. The administrator
of the Data System shall promptly notify the Home State of any
Adverse Actions by Remote States.
J. Nothing in this Compact shall override a Member State's
decision that participation in an Alternative Program may be
used in lieu of Adverse Action.
SECTION 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT
COMMISSION.
A. The Compact Member States hereby create and establish a
joint public agency known as the Occupational Therapy Compact
Commission:
1. The Commission is an instrumentality of the Compact
States.
20250HB0482PN0465 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 2. Venue is proper and judicial proceedings by or against
the Commission shall be brought solely and exclusively in a
court of competent jurisdiction where the principal office of
the Commission is located. The Commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver
of sovereign immunity.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one (1)
delegate selected by that Member State's Licensing Board.
2. The delegate shall be either:
a. A current member of the Licensing Board, who is an
Occupational Therapist, Occupational Therapy Assistant, or
public member; or
b. An administrator of the Licensing Board.
3. Any delegate may be removed or suspended from office as
provided by the law of the State from which the delegate is
appointed.
4. The Member State board shall fill any vacancy occurring
in the Commission within 90 days.
5. Each delegate shall be entitled to one (1) vote with
regard to the promulgation of Rules and creation of bylaws and
shall otherwise have an opportunity to participate in the
business and affairs of the Commission. A delegate shall vote in
person or by such other means as provided in the bylaws. The
bylaws may provide for delegates' participation in meetings by
telephone or other means of communication.
6. The Commission shall meet at least once during each
calendar year. Additional meetings shall be held as set forth in
20250HB0482PN0465 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 the bylaws.
7. The Commission shall establish by Rule a term of office
for delegates.
C. The Commission shall have the following powers and
duties:
1. Establish a Code of Ethics for the Commission;
2. Establish the fiscal year of the Commission;
3. Establish bylaws;
4. Maintain its financial records in accordance with the
bylaws;
5. Meet and take such actions as are consistent with the
provisions of this Compact and the bylaws;
6. Promulgate uniform Rules to facilitate and coordinate
implementation and administration of this Compact. The Rules
shall have the force and effect of law and shall be binding in
all Member States;
7. Bring and prosecute legal proceedings or actions in the
name of the Commission, provided that the standing of any State
Occupational Therapy Licensing Board to sue or be sued under
applicable law shall not be affected;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel,
including, but not limited to, employees of a Member State;
10. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of the Compact, and
establish the Commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel,
and other related personnel matters;
11. Accept any and all appropriate donations and grants of
20250HB0482PN0465 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 money, equipment, supplies, materials and services, and receive,
utilize and dispose of the same; provided that at all times the
Commission shall avoid any appearance of impropriety and/or
conflict of interest;
12. Lease, purchase, accept appropriate gifts or donations
of, or otherwise own, hold, improve or use, any property, real,
personal or mixed; provided that at all times the Commission
shall avoid any appearance of impropriety;
13. Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, personal, or
mixed;
14. Establish a budget and make expenditures;
15. Borrow money;
16. Appoint committees, including standing committees
composed of members, State regulators, State legislators or
their representatives, and consumer representatives, and such
other interested persons as may be designated in this Compact
and the bylaws;
17. Provide and receive information from, and cooperate
with, law enforcement agencies;
18. Establish and elect an Executive Committee; and
19. Perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact consistent
with the State regulation of Occupational Therapy licensure and
practice.
D. The Executive Committee
The Executive Committee shall have the power to act on behalf
of the Commission according to the terms of this Compact.
1. The Executive Committee shall be composed of nine
members:
20250HB0482PN0465 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 a. Seven voting members who are elected by the Commission
from the current membership of the Commission;
b. One ex-officio, nonvoting member from a recognized
national Occupational Therapy professional association; and
c. One ex-officio, nonvoting member from a recognized
national Occupational Therapy certification organization.
2. The ex-officio members will be selected by their
respective organizations.
3. The Commission may remove any member of the Executive
Committee as provided in bylaws.
4. The Executive Committee shall meet at least annually.
5. The Executive Committee shall have the following Duties
and responsibilities:
a. Recommend to the entire Commission changes to the Rules
or bylaws, changes to this Compact legislation, fees paid by
Compact Member States such as annual dues, and any Commission
Compact fee charged to Licensees for the Compact Privilege;
b. Ensure Compact administration services are appropriately
provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of Member States and provide
compliance reports to the Commission;
f. Establish additional committees as necessary; and
g. Perform other duties as provided in Rules or bylaws.
E. Meetings of the Commission
1. All meetings shall be open to the public, and public
notice of meetings shall be given in the same manner as required
under the Rulemaking provisions in Section 10.
2. The Commission or the Executive Committee or other
20250HB0482PN0465 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 committees of the Commission may convene in a closed, non-public
meeting if the Commission or Executive Committee or other
committees of the Commission must discuss:
a. Non-compliance of a Member State with its obligations
under the Compact;
b. The employment, compensation, discipline or other
matters, practices or procedures related to specific employees
or other matters related to the Commission's internal personnel
practices and procedures;
c. Current, threatened, or reasonably anticipated
litigation;
d. Negotiation of contracts for the purchase, lease, or sale
of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring any
person;
f. Disclosure of trade secrets or commercial or financial
information that is privileged or confidential;
g. Disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy;
h. Disclosure of investigative records compiled for law
enforcement purposes;
i. Disclosure of information related to any investigative
reports prepared by or on behalf of or for use of the Commission
or other committee charged with responsibility of investigation
or determination of compliance issues pursuant to the Compact;
or
j. Matters specifically exempted from disclosure by federal
or Member State statute.
3. If a meeting, or portion of a meeting, is closed pursuant
20250HB0482PN0465 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 to this provision, the Commission's legal counsel or designee
shall certify that the meeting may be closed and shall reference
each relevant exempting provision.
4. The Commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a
full and accurate summary of actions taken, and the reasons
therefore, including a description of the views expressed. All
documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a
closed meeting shall remain under seal, subject to release by a
majority vote of the Commission or order of a court of competent
jurisdiction.
F. Financing of the Commission
1. The Commission shall pay, or provide for the payment of,
the reasonable expenses of its establishment, organization, and
ongoing activities.
2. The Commission may accept any and all appropriate revenue
sources, donations, and grants of money, equipment, supplies,
materials, and services.
3. The Commission may levy on and collect an annual
assessment from each Member State or impose fees on other
parties to cover the cost of the operations and activities of
the Commission and its staff, which must be in a total amount
sufficient to cover its annual budget as approved by the
Commission each year for which revenue is not provided by other
sources. The aggregate annual assessment amount shall be
allocated based upon a formula to be determined by the
Commission, which shall promulgate a Rule binding upon all
Member States.
4. The Commission shall not incur obligations of any kind
20250HB0482PN0465 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 prior to securing the funds adequate to meet the same; nor shall
the Commission pledge the credit of any of the Member States,
except by and with the authority of the Member State.
5. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the Commission shall be
audited yearly by a certified or licensed public accountant, and
the report of the audit shall be included in and become part of
the annual report of the Commission.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees and
representatives of the Commission shall be immune from suit and
liability, either personally or in their official capacity, for
any claim for damage to or loss of property or personal injury
or other civil liability caused by or arising out of any actual
or alleged act, error or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for
believing occurred within the scope of Commission employment,
duties or responsibilities; provided that nothing in this
paragraph shall be construed to protect any such person from
suit and/or liability for any damage, loss, injury, or liability
caused by the intentional or willful or wanton misconduct of
that person.
2. The Commission shall defend any member, officer,
executive director, employee, or representative of the
Commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission
that occurred within the scope of Commission employment, duties,
20250HB0482PN0465 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 or responsibilities, or that the person against whom the claim
is made had a reasonable basis for believing occurred within the
scope of Commission employment, duties, or responsibilities;
provided that nothing herein shall be construed to prohibit that
person from retaining his or her own counsel; and provided
further, that the actual or alleged act, error, or omission did
not result from that person's intentional or willful or wanton
misconduct.
3. The Commission shall indemnify and hold harmless any
member, officer, executive director, employee, or representative
of the Commission for the amount of any settlement or judgment
obtained against that person arising out of any actual or
alleged act, error or omission that occurred within the scope of
Commission employment, duties, or responsibilities, or that such
person had a reasonable basis for believing occurred within the
scope of Commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did
not result from the intentional or willful or wanton misconduct
of that person.
SECTION 9. DATA SYSTEM
A. The Commission shall provide for the development,
maintenance, and utilization of a coordinated database and
reporting system containing licensure, Adverse Action, and
Investigative Information on all licensed individuals in Member
States.
B. A Member State shall submit a uniform data set to the
Data System on all individuals to whom this Compact is
applicable (utilizing a unique identifier) as required by the
Rules of the Commission, including:
1. Identifying information;
20250HB0482PN0465 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 2. Licensure data;
3. Adverse Actions against a license or Compact Privilege;
4. Non-confidential information related to Alternative
Program participation;
5. Any denial of application for licensure, and the
reason(s) for such denial;
6. Other information that may facilitate the administration
of this Compact, as determined by the Rules of the Commission;
and
7. Current Significant Investigative Information.
C. Current Significant Investigative Information and other
Investigative Information pertaining to a Licensee in any Member
State will only be available to other Member States.
D. The Commission shall promptly notify all Member States of
any Adverse Action taken against a Licensee or an individual
applying for a license. Adverse Action information pertaining to
a Licensee in any Member State will be available to any other
Member State.
E. Member States contributing information to the Data System
may designate information that may not be shared with the public
without the express permission of the contributing State.
F. Any information submitted to the Data System that is
subsequently required to be expunged by the laws of the Member
State contributing the information shall be removed from the
Data System.
SECTION 10. RULEMAKING
A. The Commission shall exercise its Rulemaking powers
pursuant to the criteria set forth in this Section and the Rules
adopted thereunder. Rules and amendments shall become binding as
of the date specified in each Rule or amendment.
20250HB0482PN0465 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 B. The Commission shall promulgate reasonable rules in order
to effectively and efficiently achieve the purposes of the
Compact. Notwithstanding the foregoing, in the event the
Commission exercises its rulemaking authority in a manner that
is beyond the scope of the purposes of the Compact, or the
powers granted hereunder, then such an action by the Commission
shall be invalid and have no force and effect.
C. If a majority of the legislatures of the Member States
rejects a Rule, by enactment of a statute or resolution in the
same manner used to adopt the Compact within 4 years of the date
of adoption of the Rule, then such Rule shall have no further
force and effect in any Member State.
D. Rules or amendments to the Rules shall be adopted at a
regular or special meeting of the Commission.
E. Prior to promulgation and adoption of a final Rule or
Rules by the Commission, and at least thirty (30) days in
advance of the meeting at which the Rule will be considered and
voted upon, the Commission shall file a Notice of Proposed
Rulemaking:
1. On the website of the Commission or other publicly
accessible platform; and
2. On the website of each Member State Occupational Therapy
Licensing Board or other publicly accessible platform or the
publication in which each State would otherwise publish proposed
Rules.
F. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in
which the Rule will be considered and voted upon;
2. The text of the proposed Rule or amendment and the reason
for the proposed Rule;
20250HB0482PN0465 - 24 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 3. A request for comments on the proposed Rule from any
interested person; and
4. The manner in which interested persons may submit notice
to the Commission of their intention to attend the public
hearing and any written comments.
G. Prior to adoption of a proposed Rule, the Commission
shall allow persons to submit written data, facts, opinions, and
arguments, which shall be made available to the public.
H. The Commission shall grant an opportunity for a public
hearing before it adopts a Rule or amendment if a hearing is
requested by:
1. At least twenty five (25) persons;
2. A State or federal governmental subdivision or agency; or
3. An association or organization having at least twenty
five (25) members.
I. If a hearing is held on the proposed Rule or amendment,
the Commission shall publish the place, time, and date of the
scheduled public hearing. If the hearing is held via electronic
means, the Commission shall publish the mechanism for access to
the electronic hearing.
1. All persons wishing to be heard at the hearing shall
notify the executive director of the Commission or other
designated member in writing of their desire to appear and
testify at the hearing not less than five (5) business days
before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each
person who wishes to comment a fair and reasonable opportunity
to comment orally or in writing.
3. All hearings will be recorded. A copy of the recording
will be made available on request.
20250HB0482PN0465 - 25 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 4. Nothing in this section shall be construed as requiring a
separate hearing on each Rule. Rules may be grouped for the
convenience of the Commission at hearings required by this
section.
J. Following the scheduled hearing date, or by the close of
business on the scheduled hearing date if the hearing was not
held, the Commission shall consider all written and oral
comments received.
K. If no written notice of intent to attend the public
hearing by interested parties is received, the Commission may
proceed with promulgation of the proposed Rule without a public
hearing.
L. The Commission shall, by majority vote of all members,
take final action on the proposed Rule and shall determine the
effective date of the Rule, if any, based on the Rulemaking
record and the full text of the Rule.
M. Upon determination that an emergency exists, the
Commission may consider and adopt an emergency Rule without
prior notice, opportunity for comment, or hearing, provided that
the usual Rulemaking procedures provided in the Compact and in
this section shall be retroactively applied to the Rule as soon
as reasonably possible, in no event later than ninety (90) days
after the effective date of the Rule. For the purposes of this
provision, an emergency Rule is one that must be adopted
immediately in order to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Commission or Member State funds;
3. Meet a deadline for the promulgation of an administrative
Rule that is established by federal law or Rule; or
20250HB0482PN0465 - 26 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 4. Protect public health and safety.
N. The Commission or an authorized committee of the
Commission may direct revisions to a previously adopted Rule or
amendment for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the website of
the Commission. The revision shall be subject to challenge by
any person for a period of thirty (30) days after posting. The
revision may be challenged only on grounds that the revision
results in a material change to a Rule. A challenge shall be
made in writing and delivered to the chair of the Commission
prior to the end of the notice period. If no challenge is made,
the revision will take effect without further action. If the
revision is challenged, the revision may not take effect without
the approval of the Commission.
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive, legislative, and judicial branches of
State government in each Member State shall enforce this Compact
and take all actions necessary and appropriate to effectuate the
Compact's purposes and intent. The provisions of this Compact
and the Rules promulgated hereunder shall have standing as
statutory law.
2. All courts shall take judicial notice of the Compact and
the Rules in any judicial or administrative proceeding in a
Member State pertaining to the subject matter of this Compact
which may affect the powers, responsibilities, or actions of the
Commission.
3. The Commission shall be entitled to receive service of
process in any such proceeding, and shall have standing to
20250HB0482PN0465 - 27 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 intervene in such a proceeding for all purposes. Failure to
provide service of process to the Commission shall render a
judgment or order void as to the Commission, this Compact, or
promulgated Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Member State has
defaulted in the performance of its obligations or
responsibilities under this Compact or the promulgated Rules,
the Commission shall:
a. Provide written notice to the defaulting State and other
Member States of the nature of the default, the proposed means
of curing the default and/or any other action to be taken by the
Commission; and
b. Provide remedial training and specific technical
assistance regarding the default.
2. If a State in default fails to cure the default, the
defaulting State may be terminated from the Compact upon an
affirmative vote of a majority of the Member States, and all
rights, privileges and benefits conferred by this Compact may be
terminated on the effective date of termination. A cure of the
default does not relieve the offending State of obligations or
liabilities incurred during the period of default.
3. Termination of membership in the Compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be
given by the Commission to the governor, the majority and
minority leaders of the defaulting State's legislature, and each
of the Member States.
4. A State that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
20250HB0482PN0465 - 28 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 effective date of termination, including obligations that extend
beyond the effective date of termination.
5. The Commission shall not bear any costs related to a
State that is found to be in default or that has been terminated
from the Compact, unless agreed upon in writing between the
Commission and the defaulting State.
6. The defaulting State may appeal the action of the
Commission by petitioning the U.S. District Court for the
District of Columbia or the federal district where the
Commission has its principal offices. The prevailing member
shall be awarded all costs of such litigation, including
reasonable attorney's fees.
C. Dispute Resolution
1. Upon request by a Member State, the Commission shall
attempt to resolve disputes related to the Compact that arise
among Member States and between member and non-Member States.
2. The Commission shall promulgate a Rule providing for both
mediation and binding dispute resolution for disputes as
appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and Rules of this
Compact.
2. By majority vote, the Commission may initiate legal
action in the United States District Court for the District of
Columbia or the federal district where the Commission has its
principal offices against a Member State in default to enforce
compliance with the provisions of the Compact and its
promulgated Rules and bylaws. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement
20250HB0482PN0465 - 29 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 is necessary, the prevailing member shall be awarded all costs
of such litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies
of the Commission. The Commission may pursue any other remedies
available under federal or State law.
SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED
RULES, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which
the Compact statute is enacted into law in the tenth Member
State. The provisions, which become effective at that time,
shall be limited to the powers granted to the Commission
relating to assembly and the promulgation of Rules. Thereafter,
the Commission shall meet and exercise Rulemaking powers
necessary to the implementation and administration of the
Compact.
B. Any State that joins the Compact subsequent to the
Commission's initial adoption of the Rules shall be subject to
the Rules as they exist on the date on which the Compact becomes
law in that State. Any Rule that has been previously adopted by
the Commission shall have the full force and effect of law on
the day the Compact becomes law in that State.
C. Any Member State may withdraw from this Compact by
enacting a statute repealing the same.
1. A Member State's withdrawal shall not take effect until
six (6) months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of
the withdrawing State's Occupational Therapy Licensing Board to
comply with the investigative and Adverse Action reporting
requirements of this act prior to the effective date of
20250HB0482PN0465 - 30 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 withdrawal.
D. Nothing contained in this Compact shall be construed to
invalidate or prevent any Occupational Therapy licensure
agreement or other cooperative arrangement between a Member
State and a non-Member State that does not conflict with the
provisions of this Compact.
E. This Compact may be amended by the Member States. No
amendment to this Compact shall become effective and binding
upon any Member State until it is enacted into the laws of all
Member States.
SECTION 13. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this Compact shall be
severable and if any phrase, clause, sentence or provision of
this Compact is declared to be contrary to the constitution of
any Member State or of the United States or the applicability
thereof to any government, agency, person, or circumstance is
held invalid, the validity of the remainder of this Compact and
the applicability thereof to any government, agency, person, or
circumstance shall not be affected thereby. If this Compact
shall be held contrary to the constitution of any Member State,
the Compact shall remain in full force and effect as to the
remaining Member States and in full force and effect as to the
Member State affected as to all severable matters.
SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. A Licensee providing Occupational Therapy in a Remote
State under the Compact Privilege shall function within the laws
and regulations of the Remote State.
B. Nothing herein prevents the enforcement of any other law
of a Member State that is not inconsistent with the Compact.
20250HB0482PN0465 - 31 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 C. Any laws in a Member State in conflict with the Compact
are superseded to the extent of the conflict.
D. Any lawful actions of the Commission, including all Rules
and bylaws promulgated by the Commission, are binding upon the
Member States.
E. All agreements between the Commission and the Member
States are binding in accordance with their terms.
F. In the event any provision of the Compact exceeds the
constitutional limits imposed on the legislature of any Member
State, the provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that
Member State.
Section 3. When and how compact becomes operative.
(a) General rule.--When the Governor executes the
Interstate Compact on behalf of this State and files a verified
copy thereof with the Secretary of the Commonwealth and when the
compact is ratified by one or more other states, then the
compact shall become operative and effective between this State
and such other state or states. The Governor is hereby
authorized and directed to take such action as may be necessary
to complete the exchange of official documents between this
State and any other state ratifying the compact.
(b) Notice in Pennsylvania Bulletin.--The Secretary of the
Commonwealth shall transmit a notice to the Legislative
Reference Bureau for publication in the next available issue of
the Pennsylvania Bulletin when the conditions set forth in
subsection (a) are satisfied and shall include in the notice the
date on which the compact became effective and operative between
this State and any other state or states in accordance with this
act.
20250HB0482PN0465 - 32 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 Section 4. Compensation and expenses of compact administrator.
The compact administrator who represents this State, as
provided for in the Interstate Compact, shall not be entitled to
any additional compensation for his duties and responsibilities
as compact administrator but shall be entitled to reimbursement
for reasonable expenses actually incurred in connection with his
duties and responsibilities as compact administrator in the same
manner as for expenses incurred in connection with other duties
and responsibilities of his office or employment.
Section 5. Effective date.
This act shall take effect in 60 days.
20250HB0482PN0465 - 33 -
1
2
3
4
5
6
7
8
9
10
11