Texas 2021 - 87th Regular

Texas Senate Bill SB458 Compare Versions

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

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1	1	87R3268 KKR-F
2	2	By: Lucio S.B. No. 458
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Occupational Therapy Licensure Compact;
8	8	authorizing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 454, Occupations Code, is amended by
11	11	adding Subchapter I to read as follows:
12	12	SUBCHAPTER I. OCCUPATIONAL THERAPY LICENSURE COMPACT
13	13	Sec. 454.401. OCCUPATIONAL THERAPY LICENSURE COMPACT. The
14	14	Occupational Therapy Licensure Compact is enacted and entered into
15	15	with all other jurisdictions that legally join in the compact,
16	16	which reads as follows:
17	17	OCCUPATIONAL THERAPY LICENSURE COMPACT
18	18	SECTION 1. PURPOSE
19	19	The purpose of this Compact is to facilitate interstate
20	20	practice of Occupational Therapy with the goal of improving public
21	21	access to Occupational Therapy services. The Practice of
22	22	Occupational Therapy occurs in the State where the patient/client
23	23	is located at the time of the patient/client encounter. The Compact
24	24	preserves the regulatory authority of States to protect public
25	25	health and safety through the current system of State licensure.
26	26	This Compact is designed to achieve the following objectives:
27	27	A. Increase public access to Occupational Therapy services
28	28	by providing for the mutual recognition of other Member State
29	29	licenses;
30	30	B. Enhance the States' ability to protect the public's
31	31	health and safety;
32	32	C. Encourage the cooperation of Member States in regulating
33	33	multi-State Occupational Therapy Practice;
34	34	D. Support spouses of relocating military members;
35	35	E. Enhance the exchange of licensure, investigative, and
36	36	disciplinary information between Member States;
37	37	F. Allow a Remote State to hold a provider of services with a
38	38	Compact Privilege in that State accountable to that State's
39	39	practice standards; and
40	40	G. Facilitate the use of Telehealth technology in order to
41	41	increase access to Occupational Therapy services.
42	42	SECTION 2. DEFINITIONS
43	43	As used in this Compact, and except as otherwise provided,
44	44	the following definitions shall apply:
45	45	A. "Active Duty Military" means full-time duty status in the
46	46	active uniformed service of the United States, including members of
47	47	the National Guard and Reserve on active duty orders pursuant to 10
48	48	U.S.C. Chapter 1209 and Section 1211.
49	49	B. "Adverse Action" means any administrative, civil,
50	50	equitable, or criminal action permitted by a State's laws which is
51	51	imposed by a Licensing Board or other authority against an
52	52	Occupational Therapist or Occupational Therapy Assistant,
53	53	including actions against an individual's license or Compact
54	54	Privilege such as censure, revocation, suspension, probation,
55	55	monitoring of the Licensee, or restriction on the Licensee's
56	56	practice.
57	57	C. "Alternative Program" means a non-disciplinary
58	58	monitoring process approved by an Occupational Therapy Licensing
59	59	Board.
60	60	D. "Compact Privilege" means the authorization, which is
61	61	equivalent to a license, granted by a Remote State to allow a
62	62	Licensee from another Member State to practice as an Occupational
63	63	Therapist or practice as an Occupational Therapy Assistant in the
64	64	Remote State under its laws and rules. The Practice of Occupational
65	65	Therapy occurs in the Member State where the patient/client is
66	66	located at the time of the patient/client encounter.
67	67	E. "Continuing Competence/Education" means a requirement,
68	68	as a condition of license renewal, to provide evidence of
69	69	participation in, and/or completion of, educational and
70	70	professional activities relevant to practice or area of work.
71	71	F. "Current Significant Investigative Information" means
72	72	Investigative Information that a Licensing Board, after an inquiry
73	73	or investigation that includes notification and an opportunity for
74	74	the Occupational Therapist or Occupational Therapy Assistant to
75	75	respond, if required by State law, has reason to believe is not
76	76	groundless and, if proved true, would indicate more than a minor
77	77	infraction.
78	78	G. "Data System" means a repository of information about
79	79	Licensees, including but not limited to license status,
80	80	Investigative Information, Compact Privileges, and Adverse
81	81	Actions.
82	82	H. "Encumbered License" means a license in which an Adverse
83	83	Action restricts the Practice of Occupational Therapy by the
84	84	Licensee or said Adverse Action has been reported to the National
85	85	Practitioners Data Bank (NPDB).
86	86	I. "Executive Committee" means a group of directors elected
87	87	or appointed to act on behalf of, and within the powers granted to
88	88	them by, the Commission.
89	89	J. "Home State" means the Member State that is the
90	90	Licensee's Primary State of Residence.
91	91	K. "Impaired Practitioner" means individuals whose
92	92	professional practice is adversely affected by substance abuse,
93	93	addiction, or other health-related conditions.
94	94	L. "Investigative Information" means information, records,
95	95	and/or documents received or generated by an Occupational Therapy
96	96	Licensing Board pursuant to an investigation.
97	97	M. "Jurisprudence Requirement" means the assessment of an
98	98	individual's knowledge of the laws and rules governing the Practice
99	99	of Occupational Therapy in a State.
100	100	N. "Licensee" means an individual who currently holds an
101	101	authorization from the State to practice as an Occupational
102	102	Therapist or as an Occupational Therapy Assistant.
103	103	O. "Member State" means a State that has enacted the
104	104	Compact.
105	105	P. "Occupational Therapist" means an individual who is
106	106	licensed by a State to practice Occupational Therapy.
107	107	Q. "Occupational Therapy Assistant" means an individual who
108	108	is licensed by a State to assist in the Practice of Occupational
109	109	Therapy.
110	110	R. "Occupational Therapy," "Occupational Therapy
111	111	Practice," and the "Practice of Occupational Therapy" mean the care
112	112	and services provided by an Occupational Therapist or an
113	113	Occupational Therapy Assistant as set forth in the Member State's
114	114	statutes and regulations.
115	115	S. "Occupational Therapy Compact Commission" or
116	116	"Commission" means the national administrative body whose
117	117	membership consists of all States that have enacted the Compact.
118	118	T. "Occupational Therapy Licensing Board" or "Licensing
119	119	Board" means the agency of a State that is authorized to license and
120	120	regulate Occupational Therapists and Occupational Therapy
121	121	Assistants.
122	122	U. "Primary State of Residence" means the state (also known
123	123	as the Home State) in which an Occupational Therapist or
124	124	Occupational Therapy Assistant who is not Active Duty Military
125	125	declares a primary residence for legal purposes as verified by:
126	126	driver's license, federal income tax return, lease, deed, mortgage
127	127	or voter registration or other verifying documentation as further
128	128	defined by Commission Rules.
129	129	V. "Remote State" means a Member State other than the Home
130	130	State, where a Licensee is exercising or seeking to exercise the
131	131	Compact Privilege.
132	132	W. "Rule" means a regulation promulgated by the Commission
133	133	that has the force of law.
134	134	X. "State" means any state, commonwealth, district, or
135	135	territory of the United States of America that regulates the
136	136	Practice of Occupational Therapy.
137	137	Y. "Single-State License" means an Occupational Therapist
138	138	or Occupational Therapy Assistant license issued by a Member State
139	139	that authorizes practice only within the issuing State and does not
140	140	include a Compact Privilege in any other Member State.
141	141	Z. "Telehealth" means the application of telecommunication
142	142	technology to deliver Occupational Therapy services for
143	143	assessment, intervention and/or consultation.
144	144	SECTION 3. STATE PARTICIPATION IN THE COMPACT
145	145	A. To participate in the Compact, a Member State shall:
146	146	1. License Occupational Therapists and Occupational
147	147	Therapy Assistants
148	148	2. Participate fully in the Commission's Data System,
149	149	including but not limited to using the Commission's unique
150	150	identifier as defined in Rules of the Commission;
151	151	3. Have a mechanism in place for receiving and
152	152	investigating complaints about Licensees;
153	153	4. Notify the Commission, in compliance with the terms
154	154	of the Compact and Rules, of any Adverse Action or the availability
155	155	of Investigative Information regarding a Licensee;
156	156	5. Implement or utilize procedures for considering the
157	157	criminal history records of applicants for an initial Compact
158	158	Privilege. These procedures shall include the submission of
159	159	fingerprints or other biometric-based information by applicants
160	160	for the purpose of obtaining an applicant's criminal history record
161	161	information from the Federal Bureau of Investigation and the agency
162	162	responsible for retaining that State's criminal records;
163	163	a. A Member State shall, within a time frame
164	164	established by the Commission, require a criminal background check
165	165	for a Licensee seeking/applying for a Compact Privilege whose
166	166	Primary State of Residence is that Member State, by receiving the
167	167	results of the Federal Bureau of Investigation criminal record
168	168	search, and shall use the results in making licensure decisions.
169	169	b. Communication between a Member State, the
170	170	Commission and among Member States regarding the verification of
171	171	eligibility for licensure through the Compact shall not include any
172	172	information received from the Federal Bureau of Investigation
173	173	relating to a federal criminal records check performed by a Member
174	174	State under Public Law 92-544.
175	175	6. Comply with the Rules of the Commission;
176	176	7. Utilize only a recognized national examination as a
177	177	requirement for licensure pursuant to the Rules of the Commission;
178	178	and
179	179	8. Have Continuing Competence/Education requirements
180	180	as a condition for license renewal.
181	181	B. A Member State shall grant the Compact Privilege to a
182	182	Licensee holding a valid unencumbered license in another Member
183	183	State in accordance with the terms of the Compact and Rules.
184	184	C. Member States may charge a fee for granting a Compact
185	185	Privilege.
186	186	D. A Member State shall provide for the State's delegate to
187	187	attend all Occupational Therapy Compact Commission meetings.
188	188	E. Individuals not residing in a Member State shall continue
189	189	to be able to apply for a Member State's Single-State License as
190	190	provided under the laws of each Member State. However, the
191	191	Single-State License granted to these individuals shall not be
192	192	recognized as granting the Compact Privilege in any other Member
193	193	State.
194	194	F. Nothing in this Compact shall affect the requirements
195	195	established by a Member State for the issuance of a Single-State
196	196	License.
197	197	SECTION 4. COMPACT PRIVILEGE
198	198	A. To exercise the Compact Privilege under the terms and
199	199	provisions of the Compact, the Licensee shall:
200	200	1. Hold a license in the Home State;
201	201	2. Have a valid United States Social Security Number
202	202	or National Practitioner Identification number;
203	203	3. Have no encumbrance on any State license;
204	204	4. Be eligible for a Compact Privilege in any Member
205	205	State in accordance with Section 4D, F, G, and H;
206	206	5. Have paid all fines and completed all requirements
207	207	resulting from any Adverse Action against any license or Compact
208	208	Privilege, and two years have elapsed from the date of such
209	209	completion;
210	210	6. Notify the Commission that the Licensee is seeking
211	211	the Compact Privilege within a Remote State(s);
212	212	7. Pay any applicable fees, including any State fee,
213	213	for the Compact Privilege;
214	214	8. Complete a criminal background check in accordance
215	215	with Section 3A(5);
216	216	a. The Licensee shall be responsible for the
217	217	payment of any fee associated with the completion of a criminal
218	218	background check.
219	219	9. Meet any Jurisprudence Requirements established by
220	220	the Remote State(s) in which the Licensee is seeking a Compact
221	221	Privilege; and
222	222	10. Report to the Commission Adverse Action taken by
223	223	any non-Member State within 30 days from the date the Adverse Action
224	224	is taken.
225	225	B. The Compact Privilege is valid until the expiration date
226	226	of the Home State license. The Licensee must comply with the
227	227	requirements of Section 4A to maintain the Compact Privilege in the
228	228	Remote State.
229	229	C. A Licensee providing Occupational Therapy in a Remote
230	230	State under the Compact Privilege shall function within the laws
231	231	and regulations of the Remote State.
232	232	D. Occupational Therapy Assistants practicing in a Remote
233	233	State shall be supervised by an Occupational Therapist licensed or
234	234	holding a Compact Privilege in that Remote State.
235	235	E. A Licensee providing Occupational Therapy in a Remote
236	236	State is subject to that State's regulatory authority. A Remote
237	237	State may, in accordance with due process and that State's laws,
238	238	remove a Licensee's Compact Privilege in the Remote State for a
239	239	specific period of time, impose fines, and/or take any other
240	240	necessary actions to protect the health and safety of its citizens.
241	241	The Licensee may be ineligible for a Compact Privilege in any State
242	242	until the specific time for removal has passed and all fines are
243	243	paid.
244	244	F. If a Home State license is encumbered, the Licensee shall
245	245	lose the Compact Privilege in any Remote State until the following
246	246	occur:
247	247	1. The Home State license is no longer encumbered; and
248	248	2. Two years have elapsed from the date on which the
249	249	Home State license is no longer encumbered in accordance with
250	250	Section 4(F)(1).
251	251	G. Once an Encumbered License in the Home State is restored
252	252	to good standing, the Licensee must meet the requirements of
253	253	Section 4A to obtain a Compact Privilege in any Remote State.
254	254	H. If a Licensee's Compact Privilege in any Remote State is
255	255	removed, the individual may lose the Compact Privilege in any other
256	256	Remote State until the following occur:
257	257	1. The specific period of time for which the Compact
258	258	Privilege was removed has ended;
259	259	2. All fines have been paid and all conditions have
260	260	been met;
261	261	3. Two years have elapsed from the date of completing
262	262	requirements for 4(H)(1) and (2); and
263	263	4. The Compact Privileges are reinstated by the
264	264	Commission, and the compact Data System is updated to reflect
265	265	reinstatement.
266	266	I. If a Licensee's Compact Privilege in any Remote State is
267	267	removed due to an erroneous charge, privileges shall be restored
268	268	through the compact Data System.
269	269	J. Once the requirements of Section 4H have been met, the
270	270	license must meet the requirements in Section 4A to obtain a Compact
271	271	Privilege in a Remote State.
272	272	SECTION 5: OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF COMPACT
273	273	PRIVILEGE
274	274	A. An Occupational Therapist or Occupational Therapy
275	275	Assistant may hold a Home State license, which allows for Compact
276	276	Privileges in Member States, in only one Member State at a time.
277	277	B. If an Occupational Therapist or Occupational Therapy
278	278	Assistant changes Primary State of Residence by moving between two
279	279	Member States:
280	280	1. The Occupational Therapist or Occupational Therapy
281	281	Assistant shall file an application for obtaining a new Home State
282	282	license by virtue of a Compact Privilege, pay all applicable fees,
283	283	and notify the current and new Home State in accordance with
284	284	applicable Rules adopted by the Commission.
285	285	2. Upon receipt of an application for obtaining a new
286	286	Home State license by virtue of compact privilege, the new Home
287	287	State shall verify that the Occupational Therapist or Occupational
288	288	Therapy Assistant meets the pertinent criteria outlined in Section
289	289	4 via the Data System, without need for primary source verification
290	290	except for:
291	291	a. an FBI fingerprint based criminal background
292	292	check if not previously performed or updated pursuant to applicable
293	293	Rules adopted by the Commission in accordance with Public Law
294	294	92-544;
295	295	b. other criminal background check as required by
296	296	the new Home State; and
297	297	c. submission of any requisite Jurisprudence
298	298	Requirements of the new Home State.
299	299	3. The former Home State shall convert the former Home
300	300	State license into a Compact Privilege once the new Home State has
301	301	activated the new Home State license in accordance with applicable
302	302	Rules adopted by the Commission.
303	303	4. Notwithstanding any other provision of this
304	304	Compact, if the Occupational Therapist or Occupational Therapy
305	305	Assistant cannot meet the criteria in Section 4, the new Home State
306	306	shall apply its requirements for issuing a new Single-State
307	307	License.
308	308	5. The Occupational Therapist or the Occupational
309	309	Therapy Assistant shall pay all applicable fees to the new Home
310	310	State in order to be issued a new Home State license.
311	311	C. If an Occupational Therapist or Occupational Therapy
312	312	Assistant changes Primary State of Residence by moving from a
313	313	Member State to a non-Member State, or from a non-Member State to a
314	314	Member State, the State criteria shall apply for issuance of a
315	315	Single-State License in the new State.
316	316	D. Nothing in this compact shall interfere with a Licensee's
317	317	ability to hold a Single-State License in multiple States; however,
318	318	for the purposes of this compact, a Licensee shall have only one
319	319	Home State license.
320	320	E. Nothing in this Compact shall affect the requirements
321	321	established by a Member State for the issuance of a Single-State
322	322	License.
323	323	SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
324	324	A. Active Duty Military personnel, or their spouses, shall
325	325	designate a Home State where the individual has a current license in
326	326	good standing. The individual may retain the Home State designation
327	327	during the period the service member is on active duty. Subsequent
328	328	to designating a Home State, the individual shall only change their
329	329	Home State through application for licensure in the new State or
330	330	through the process described in Section 5.
331	331	SECTION 7. ADVERSE ACTIONS
332	332	A. A Home State shall have exclusive power to impose Adverse
333	333	Action against an Occupational Therapist's or Occupational Therapy
334	334	Assistant's license issued by the Home State.
335	335	B. In addition to the other powers conferred by State law, a
336	336	Remote State shall have the authority, in accordance with existing
337	337	State due process law, to:
338	338	1. Take Adverse Action against an Occupational
339	339	Therapist's or Occupational Therapy Assistant's Compact Privilege
340	340	within that Member State.
341	341	2. Issue subpoenas for both hearings and
342	342	investigations that require the attendance and testimony of
343	343	witnesses as well as the production of evidence. Subpoenas issued
344	344	by a Licensing Board in a Member State for the attendance and
345	345	testimony of witnesses or the production of evidence from another
346	346	Member State shall be enforced in the latter State by any court of
347	347	competent jurisdiction, according to the practice and procedure of
348	348	that court applicable to subpoenas issued in proceedings pending
349	349	before it. The issuing authority shall pay any witness fees, travel
350	350	expenses, mileage and other fees required by the service statutes
351	351	of the State in which the witnesses or evidence are located.
352	352	C. For purposes of taking Adverse Action, the Home State
353	353	shall give the same priority and effect to reported conduct
354	354	received from a Member State as it would if the conduct had occurred
355	355	within the Home State. In so doing, the Home State shall apply its
356	356	own State laws to determine appropriate action.
357	357	D. The Home State shall complete any pending investigations
358	358	of an Occupational Therapist or Occupational Therapy Assistant who
359	359	changes Primary State of Residence during the course of the
360	360	investigations. The Home State, where the investigations were
361	361	initiated, shall also have the authority to take appropriate
362	362	action(s) and shall promptly report the conclusions of the
363	363	investigations to the OT Compact Commission Data System. The
364	364	Occupational Therapy Compact Commission Data System administrator
365	365	shall promptly notify the new Home State of any Adverse Actions.
366	366	E. A Member State, if otherwise permitted by State law, may
367	367	recover from the affected Occupational Therapist or Occupational
368	368	Therapy Assistant the costs of investigations and disposition of
369	369	cases resulting from any Adverse Action taken against that
370	370	Occupational Therapist or Occupational Therapy Assistant.
371	371	F. A Member State may take Adverse Action based on the
372	372	factual findings of the Remote State, provided that the Member
373	373	State follows its own procedures for taking the Adverse Action.
374	374	G. Joint Investigations
375	375	1. In addition to the authority granted to a Member
376	376	State by its respective State Occupational Therapy laws and
377	377	regulations or other applicable State law, any Member State may
378	378	participate with other Member States in joint investigations of
379	379	Licensees.
380	380	2. Member States shall share any investigative,
381	381	litigation, or compliance materials in furtherance of any joint or
382	382	individual investigation initiated under the Compact.
383	383	H. If an Adverse Action is taken by the Home State against an
384	384	Occupational Therapist's or Occupational Therapy Assistant's
385	385	license, the Occupational Therapist's or Occupational Therapy
386	386	Assistant's Compact Privilege in all other Member States shall be
387	387	deactivated until all encumbrances have been removed from the State
388	388	license. All Home State disciplinary orders that impose Adverse
389	389	Action against an Occupational Therapist's or Occupational Therapy
390	390	Assistant's license shall include a Statement that the Occupational
391	391	Therapist's or Occupational Therapy Assistant's Compact Privilege
392	392	is deactivated in all Member States during the pendency of the
393	393	order.
394	394	I. If a Member State takes Adverse Action, it shall promptly
395	395	notify the administrator of the Data System. The administrator of
396	396	the Data System shall promptly notify the Home State of any Adverse
397	397	Actions by Remote States.
398	398	J. Nothing in this Compact shall override a Member State's
399	399	decision that participation in an Alternative Program may be used
400	400	in lieu of Adverse Action.
401	401	SECTION 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT
402	402	COMMISSION.
403	403	A. The Compact Member States hereby create and establish a
404	404	joint public agency known as the Occupational Therapy Compact
405	405	Commission:
406	406	1. The Commission is an instrumentality of the Compact
407	407	States.
408	408	2. Venue is proper and judicial proceedings by or
409	409	against the Commission shall be brought solely and exclusively in a
410	410	court of competent jurisdiction where the principal office of the
411	411	Commission is located. The Commission may waive venue and
412	412	jurisdictional defenses to the extent it adopts or consents to
413	413	participate in alternative dispute resolution proceedings.
414	414	3. Nothing in this Compact shall be construed to be a
415	415	waiver of sovereign immunity.
416	416	B. Membership, Voting, and Meetings
417	417	1. Each Member State shall have and be limited to one
418	418	(1) delegate selected by that Member State's Licensing Board.
419	419	2. The delegate shall be either:
420	420	a. A current member of the Licensing Board, who
421	421	is an Occupational Therapist, Occupational Therapy Assistant, or
422	422	public member; or
423	423	b. An administrator of the Licensing Board.
424	424	3. Any delegate may be removed or suspended from
425	425	office as provided by the law of the State from which the delegate
426	426	is appointed.
427	427	4. The Member State board shall fill any vacancy
428	428	occurring in the Commission within 90 days.
429	429	5. Each delegate shall be entitled to one (1) vote with
430	430	regard to the promulgation of Rules and creation of bylaws and shall
431	431	otherwise have an opportunity to participate in the business and
432	432	affairs of the Commission. A delegate shall vote in person or by
433	433	such other means as provided in the bylaws. The bylaws may provide
434	434	for delegates' participation in meetings by telephone or other
435	435	means of communication.
436	436	6. The Commission shall meet at least once during each
437	437	calendar year. Additional meetings shall be held as set forth in the
438	438	bylaws.
439	439	7. The Commission shall establish by Rule a term of
440	440	office for delegates.
441	441	C. The Commission shall have the following powers and
442	442	duties:
443	443	1. Establish a Code of Ethics for the Commission;
444	444	2. Establish the fiscal year of the Commission;
445	445	3. Establish bylaws;
446	446	4. Maintain its financial records in accordance with
447	447	the bylaws;
448	448	5. Meet and take such actions as are consistent with
449	449	the provisions of this Compact and the bylaws;
450	450	6. Promulgate uniform Rules to facilitate and
451	451	coordinate implementation and administration of this Compact. The
452	452	Rules shall have the force and effect of law and shall be binding in
453	453	all Member States;
454	454	7. Bring and prosecute legal proceedings or actions in
455	455	the name of the Commission, provided that the standing of any State
456	456	Occupational Therapy Licensing Board to sue or be sued under
457	457	applicable law shall not be affected;
458	458	8. Purchase and maintain insurance and bonds;
459	459	9. Borrow, accept, or contract for services of
460	460	personnel, including, but not limited to, employees of a Member
461	461	State;
462	462	10. Hire employees, elect or appoint officers, fix
463	463	compensation, define duties, grant such individuals appropriate
464	464	authority to carry out the purposes of the Compact, and establish
465	465	the Commission's personnel policies and programs relating to
466	466	conflicts of interest, qualifications of personnel, and other
467	467	related personnel matters;
468	468	11. Accept any and all appropriate donations and
469	469	grants of money, equipment, supplies, materials and services, and
470	470	receive, utilize and dispose of the same; provided that at all times
471	471	the Commission shall avoid any appearance of impropriety and/or
472	472	conflict of interest;
473	473	12. Lease, purchase, accept appropriate gifts or
474	474	donations of, or otherwise own, hold, improve or use, any property,
475	475	real, personal or mixed; provided that at all times the Commission
476	476	shall avoid any appearance of impropriety;
477	477	13. Sell, convey, mortgage, pledge, lease, exchange,
478	478	abandon, or otherwise dispose of any property real, personal, or
479	479	mixed;
480	480	14. Establish a budget and make expenditures;
481	481	15. Borrow money;
482	482	16. Appoint committees, including standing committees
483	483	composed of members, State regulators, State legislators or their
484	484	representatives, and consumer representatives, and such other
485	485	interested persons as may be designated in this Compact and the
486	486	bylaws;
487	487	17. Provide and receive information from, and
488	488	cooperate with, law enforcement agencies;
489	489	18. Establish and elect an Executive Committee; and
490	490	19. Perform such other functions as may be necessary
491	491	or appropriate to achieve the purposes of this Compact consistent
492	492	with the State regulation of Occupational Therapy licensure and
493	493	practice.
494	494	D. The Executive Committee
495	495	The Executive Committee shall have the power to act on behalf of the
496	496	Commission according to the terms of this Compact.
497	497	1. The Executive Committee shall be composed of nine
498	498	members:
499	499	a. Seven voting members who are elected by the
500	500	Commission from the current membership of the Commission;
501	501	b. One ex-officio, nonvoting member from a
502	502	recognized national Occupational Therapy professional association;
503	503	and
504	504	c. One ex-officio, nonvoting member from a
505	505	recognized national Occupational Therapy certification
506	506	organization.
507	507	2. The ex-officio members will be selected by their
508	508	respective organizations.
509	509	3. The Commission may remove any member of the
510	510	Executive Committee as provided in bylaws.
511	511	4. The Executive Committee shall meet at least
512	512	annually.
513	513	5. The Executive Committee shall have the following
514	514	Duties and responsibilities:
515	515	a. Recommend to the entire Commission changes to
516	516	the Rules or bylaws, changes to this Compact legislation, fees paid
517	517	by Compact Member States such as annual dues, and any Commission
518	518	Compact fee charged to Licensees for the Compact Privilege;
519	519	b. Ensure Compact administration services are
520	520	appropriately provided, contractual or otherwise;
521	521	c. Prepare and recommend the budget;
522	522	d. Maintain financial records on behalf of the
523	523	Commission;
524	524	e. Monitor Compact compliance of Member States
525	525	and provide compliance reports to the Commission;
526	526	f. Establish additional committees as necessary;
527	527	and
528	528	g. Perform other duties as provided in Rules or
529	529	bylaws.
530	530	E. Meetings of the Commission
531	531	1. All meetings shall be open to the public, and public
532	532	notice of meetings shall be given in the same manner as required
533	533	under the Rulemaking provisions in Section 10.
534	534	2. The Commission or the Executive Committee or other
535	535	committees of the Commission may convene in a closed, non-public
536	536	meeting if the Commission or Executive Committee or other
537	537	committees of the Commission must discuss:
538	538	a. Non-compliance of a Member State with its
539	539	obligations under the Compact;
540	540	b. The employment, compensation, discipline or
541	541	other matters, practices or procedures related to specific
542	542	employees or other matters related to the Commission's internal
543	543	personnel practices and procedures;
544	544	c. Current, threatened, or reasonably
545	545	anticipated litigation;
546	546	d. Negotiation of contracts for the purchase,
547	547	lease, or sale of goods, services, or real estate;
548	548	e. Accusing any person of a crime or formally
549	549	censuring any person;
550	550	f. Disclosure of trade secrets or commercial or
551	551	financial information that is privileged or confidential;
552	552	g. Disclosure of information of a personal nature
553	553	where disclosure would constitute a clearly unwarranted invasion of
554	554	personal privacy;
555	555	h. Disclosure of investigative records compiled
556	556	for law enforcement purposes;
557	557	i. Disclosure of information related to any
558	558	investigative reports prepared by or on behalf of or for use of the
559	559	Commission or other committee charged with responsibility of
560	560	investigation or determination of compliance issues pursuant to the
561	561	Compact; or
562	562	j. Matters specifically exempted from disclosure
563	563	by federal or Member State statute.
564	564	3. If a meeting, or portion of a meeting, is closed
565	565	pursuant to this provision, the Commission's legal counsel or
566	566	designee shall certify that the meeting may be closed and shall
567	567	reference each relevant exempting provision.
568	568	4. The Commission shall keep minutes that fully and
569	569	clearly describe all matters discussed in a meeting and shall
570	570	provide a full and accurate summary of actions taken, and the
571	571	reasons therefore, including a description of the views expressed.
572	572	All documents considered in connection with an action shall be
573	573	identified in such minutes. All minutes and documents of a closed
574	574	meeting shall remain under seal, subject to release by a majority
575	575	vote of the Commission or order of a court of competent
576	576	jurisdiction.
577	577	F. Financing of the Commission
578	578	1. The Commission shall pay, or provide for the
579	579	payment of, the reasonable expenses of its establishment,
580	580	organization, and ongoing activities.
581	581	2. The Commission may accept any and all appropriate
582	582	revenue sources, donations, and grants of money, equipment,
583	583	supplies, materials, and services.
584	584	3. The Commission may levy on and collect an annual
585	585	assessment from each Member State or impose fees on other parties to
586	586	cover the cost of the operations and activities of the Commission
587	587	and its staff, which must be in a total amount sufficient to cover
588	588	its annual budget as approved by the Commission each year for which
589	589	revenue is not provided by other sources. The aggregate annual
590	590	assessment amount shall be allocated based upon a formula to be
591	591	determined by the Commission, which shall promulgate a Rule binding
592	592	upon all Member States.
593	593	4. The Commission shall not incur obligations of any
594	594	kind prior to securing the funds adequate to meet the same; nor
595	595	shall the Commission pledge the credit of any of the Member States,
596	596	except by and with the authority of the Member State.
597	597	5. The Commission shall keep accurate accounts of all
598	598	receipts and disbursements. The receipts and disbursements of the
599	599	Commission shall be subject to the audit and accounting procedures
600	600	established under its bylaws. However, all receipts and
601	601	disbursements of funds handled by the Commission shall be audited
602	602	yearly by a certified or licensed public accountant, and the report
603	603	of the audit shall be included in and become part of the annual
604	604	report of the Commission.
605	605	G. Qualified Immunity, Defense, and Indemnification
606	606	1. The members, officers, executive director,
607	607	employees and representatives of the Commission shall be immune
608	608	from suit and liability, either personally or in their official
609	609	capacity, for any claim for damage to or loss of property or
610	610	personal injury or other civil liability caused by or arising out of
611	611	any actual or alleged act, error or omission that occurred, or that
612	612	the person against whom the claim is made had a reasonable basis for
613	613	believing occurred within the scope of Commission employment,
614	614	duties or responsibilities; provided that nothing in this paragraph
615	615	shall be construed to protect any such person from suit and/or
616	616	liability for any damage, loss, injury, or liability caused by the
617	617	intentional or willful or wanton misconduct of that person.
618	618	2. The Commission shall defend any member, officer,
619	619	executive director, employee, or representative of the Commission
620	620	in any civil action seeking to impose liability arising out of any
621	621	actual or alleged act, error, or omission that occurred within the
622	622	scope of Commission employment, duties, or responsibilities, or
623	623	that the person against whom the claim is made had a reasonable
624	624	basis for believing occurred within the scope of Commission
625	625	employment, duties, or responsibilities; provided that nothing
626	626	herein shall be construed to prohibit that person from retaining
627	627	his or her own counsel; and provided further, that the actual or
628	628	alleged act, error, or omission did not result from that person's
629	629	intentional or willful or wanton misconduct.
630	630	3. The Commission shall indemnify and hold harmless
631	631	any member, officer, executive director, employee, or
632	632	representative of the Commission for the amount of any settlement
633	633	or judgment obtained against that person arising out of any actual
634	634	or alleged act, error or omission that occurred within the scope of
635	635	Commission employment, duties, or responsibilities, or that such
636	636	person had a reasonable basis for believing occurred within the
637	637	scope of Commission employment, duties, or responsibilities,
638	638	provided that the actual or alleged act, error, or omission did not
639	639	result from the intentional or willful or wanton misconduct of that
640	640	person.
641	641	SECTION 9. DATA SYSTEM
642	642	A. The Commission shall provide for the development,
643	643	maintenance, and utilization of a coordinated database and
644	644	reporting system containing licensure, Adverse Action, and
645	645	Investigative Information on all licensed individuals in Member
646	646	States.
647	647	B. A Member State shall submit a uniform data set to the Data
648	648	System on all individuals to whom this Compact is applicable
649	649	(utilizing a unique identifier) as required by the Rules of the
650	650	Commission, including:
651	651	1. Identifying information;
652	652	2. Licensure data;
653	653	3. Adverse Actions against a license or Compact
654	654	Privilege;
655	655	4. Non-confidential information related to
656	656	Alternative Program participation;
657	657	5. Any denial of application for licensure, and the
658	658	reason(s) for such denial;
659	659	6. Other information that may facilitate the
660	660	administration of this Compact, as determined by the Rules of the
661	661	Commission; and
662	662	7. Current Significant Investigative Information.
663	663	C. Current Significant Investigative Information and other
664	664	Investigative Information pertaining to a Licensee in any Member
665	665	State will only be available to other Member States.
666	666	D. The Commission shall promptly notify all Member States of
667	667	any Adverse Action taken against a Licensee or an individual
668	668	applying for a license. Adverse Action information pertaining to a
669	669	Licensee in any Member State will be available to any other Member
670	670	State.
671	671	E. Member States contributing information to the Data
672	672	System may designate information that may not be shared with the
673	673	public without the express permission of the contributing State.
674	674	F. Any information submitted to the Data System that is
675	675	subsequently required to be expunged by the laws of the Member State
676	676	contributing the information shall be removed from the Data System.
677	677	SECTION 10. RULEMAKING
678	678	A. The Commission shall exercise its Rulemaking powers
679	679	pursuant to the criteria set forth in this Section and the Rules
680	680	adopted thereunder. Rules and amendments shall become binding as of
681	681	the date specified in each Rule or amendment.
682	682	B. The Commission shall promulgate reasonable rules in
683	683	order to effectively and efficiently achieve the purposes of the
684	684	Compact. Notwithstanding the foregoing, in the event the Commission
685	685	exercises its rulemaking authority in a manner that is beyond the
686	686	scope of the purposes of the Compact, or the powers granted
687	687	hereunder, then such an action by the Commission shall be invalid
688	688	and have no force and effect.
689	689	C. If a majority of the legislatures of the Member States
690	690	rejects a Rule, by enactment of a statute or resolution in the same
691	691	manner used to adopt the Compact within 4 years of the date of
692	692	adoption of the Rule, then such Rule shall have no further force and
693	693	effect in any Member State.
694	694	D. Rules or amendments to the Rules shall be adopted at a
695	695	regular or special meeting of the Commission.
696	696	E. Prior to promulgation and adoption of a final Rule or
697	697	Rules by the Commission, and at least thirty (30) days in advance of
698	698	the meeting at which the Rule will be considered and voted upon, the
699	699	Commission shall file a Notice of Proposed Rulemaking:
700	700	1. On the website of the Commission or other publicly
701	701	accessible platform; and
702	702	2. On the website of each Member State Occupational
703	703	Therapy Licensing Board or other publicly accessible platform or
704	704	the publication in which each State would otherwise publish
705	705	proposed Rules.
706	706	F. The Notice of Proposed Rulemaking shall include:
707	707	1. The proposed time, date, and location of the
708	708	meeting in which the Rule will be considered and voted upon;
709	709	2. The text of the proposed Rule or amendment and the
710	710	reason for the proposed Rule;
711	711	3. A request for comments on the proposed Rule from any
712	712	interested person; and
713	713	4. The manner in which interested persons may submit
714	714	notice to the Commission of their intention to attend the public
715	715	hearing and any written comments.
716	716	G. Prior to adoption of a proposed Rule, the Commission
717	717	shall allow persons to submit written data, facts, opinions, and
718	718	arguments, which shall be made available to the public.
719	719	H. The Commission shall grant an opportunity for a public
720	720	hearing before it adopts a Rule or amendment if a hearing is
721	721	requested by:
722	722	1. At least twenty five (25) persons;
723	723	2. A State or federal governmental subdivision or
724	724	agency; or
725	725	3. An association or organization having at least
726	726	twenty five (25) members.
727	727	I. If a hearing is held on the proposed Rule or amendment,
728	728	the Commission shall publish the place, time, and date of the
729	729	scheduled public hearing. If the hearing is held via electronic
730	730	means, the Commission shall publish the mechanism for access to the
731	731	electronic hearing.
732	732	1. All persons wishing to be heard at the hearing shall
733	733	notify the executive director of the Commission or other designated
734	734	member in writing of their desire to appear and testify at the
735	735	hearing not less than five (5) business days before the scheduled
736	736	date of the hearing.
737	737	2. Hearings shall be conducted in a manner providing
738	738	each person who wishes to comment a fair and reasonable opportunity
739	739	to comment orally or in writing.
740	740	3. All hearings will be recorded. A copy of the
741	741	recording will be made available on request.
742	742	4. Nothing in this section shall be construed as
743	743	requiring a separate hearing on each Rule. Rules may be grouped for
744	744	the convenience of the Commission at hearings required by this
745	745	section.
746	746	J. Following the scheduled hearing date, or by the close of
747	747	business on the scheduled hearing date if the hearing was not held,
748	748	the Commission shall consider all written and oral comments
749	749	received.
750	750	K. If no written notice of intent to attend the public
751	751	hearing by interested parties is received, the Commission may
752	752	proceed with promulgation of the proposed Rule without a public
753	753	hearing.
754	754	L. The Commission shall, by majority vote of all members,
755	755	take final action on the proposed Rule and shall determine the
756	756	effective date of the Rule, if any, based on the Rulemaking record
757	757	and the full text of the Rule.
758	758	M. Upon determination that an emergency exists, the
759	759	Commission may consider and adopt an emergency Rule without prior
760	760	notice, opportunity for comment, or hearing, provided that the
761	761	usual Rulemaking procedures provided in the Compact and in this
762	762	section shall be retroactively applied to the Rule as soon as
763	763	reasonably possible, in no event later than ninety (90) days after
764	764	the effective date of the Rule. For the purposes of this provision,
765	765	an emergency Rule is one that must be adopted immediately in order
766	766	to:
767	767	1. Meet an imminent threat to public health, safety,
768	768	or welfare;
769	769	2. Prevent a loss of Commission or Member State funds;
770	770	3. Meet a deadline for the promulgation of an
771	771	administrative Rule that is established by federal law or Rule; or
772	772	4. Protect public health and safety.
773	773	N. The Commission or an authorized committee of the
774	774	Commission may direct revisions to a previously adopted Rule or
775	775	amendment for purposes of correcting typographical errors, errors
776	776	in format, errors in consistency, or grammatical errors. Public
777	777	notice of any revisions shall be posted on the website of the
778	778	Commission. The revision shall be subject to challenge by any
779	779	person for a period of thirty (30) days after posting. The revision
780	780	may be challenged only on grounds that the revision results in a
781	781	material change to a Rule. A challenge shall be made in writing and
782	782	delivered to the chair of the Commission prior to the end of the
783	783	notice period. If no challenge is made, the revision will take
784	784	effect without further action. If the revision is challenged, the
785	785	revision may not take effect without the approval of the
786	786	Commission.
787	787	SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
788	788	A. Oversight
789	789	1. The executive, legislative, and judicial branches
790	790	of State government in each Member State shall enforce this Compact
791	791	and take all actions necessary and appropriate to effectuate the
792	792	Compact's purposes and intent. The provisions of this Compact and
793	793	the Rules promulgated hereunder shall have standing as statutory
794	794	law.
795	795	2. All courts shall take judicial notice of the
796	796	Compact and the Rules in any judicial or administrative proceeding
797	797	in a Member State pertaining to the subject matter of this Compact
798	798	which may affect the powers, responsibilities, or actions of the
799	799	Commission.
800	800	3. The Commission shall be entitled to receive service
801	801	of process in any such proceeding, and shall have standing to
802	802	intervene in such a proceeding for all purposes. Failure to provide
803	803	service of process to the Commission shall render a judgment or
804	804	order void as to the Commission, this Compact, or promulgated
805	805	Rules.
806	806	B. Default, Technical Assistance, and Termination
807	807	1. If the Commission determines that a Member State
808	808	has defaulted in the performance of its obligations or
809	809	responsibilities under this Compact or the promulgated Rules, the
810	810	Commission shall:
811	811	a. Provide written notice to the defaulting State
812	812	and other Member States of the nature of the default, the proposed
813	813	means of curing the default and/or any other action to be taken by
814	814	the Commission; and
815	815	b. Provide remedial training and specific
816	816	technical assistance regarding the default.
817	817	2. If a State in default fails to cure the default, the
818	818	defaulting State may be terminated from the Compact upon an
819	819	affirmative vote of a majority of the Member States, and all rights,
820	820	privileges and benefits conferred by this Compact may be terminated
821	821	on the effective date of termination. A cure of the default does not
822	822	relieve the offending State of obligations or liabilities incurred
823	823	during the period of default.
824	824	3. Termination of membership in the Compact shall be
825	825	imposed only after all other means of securing compliance have been
826	826	exhausted. Notice of intent to suspend or terminate shall be given
827	827	by the Commission to the governor, the majority and minority
828	828	leaders of the defaulting State's legislature, and each of the
829	829	Member States.
830	830	4. A State that has been terminated is responsible for
831	831	all assessments, obligations, and liabilities incurred through the
832	832	effective date of termination, including obligations that extend
833	833	beyond the effective date of termination.
834	834	5. The Commission shall not bear any costs related to a
835	835	State that is found to be in default or that has been terminated
836	836	from the Compact, unless agreed upon in writing between the
837	837	Commission and the defaulting State.
838	838	6. The defaulting State may appeal the action of the
839	839	Commission by petitioning the U.S. District Court for the District
840	840	of Columbia or the federal district where the Commission has its
841	841	principal offices. The prevailing member shall be awarded all costs
842	842	of such litigation, including reasonable attorney's fees.
843	843	C. Dispute Resolution
844	844	1. Upon request by a Member State, the Commission
845	845	shall attempt to resolve disputes related to the Compact that arise
846	846	among Member States and between member and non-Member States.
847	847	2. The Commission shall promulgate a Rule providing
848	848	for both mediation and binding dispute resolution for disputes as
849	849	appropriate.
850	850	D. Enforcement
851	851	1. The Commission, in the reasonable exercise of its
852	852	discretion, shall enforce the provisions and Rules of this Compact.
853	853	2. By majority vote, the Commission may initiate legal
854	854	action in the United States District Court for the District of
855	855	Columbia or the federal district where the Commission has its
856	856	principal offices against a Member State in default to enforce
857	857	compliance with the provisions of the Compact and its promulgated
858	858	Rules and bylaws. The relief sought may include both injunctive
859	859	relief and damages. In the event judicial enforcement is necessary,
860	860	the prevailing member shall be awarded all costs of such
861	861	litigation, including reasonable attorney's fees.
862	862	3. The remedies herein shall not be the exclusive
863	863	remedies of the Commission. The Commission may pursue any other
864	864	remedies available under federal or State law.
865	865	SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
866	866	FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED RULES,
867	867	WITHDRAWAL, AND AMENDMENT
868	868	A. The Compact shall come into effect on the date on which
869	869	the Compact statute is enacted into law in the tenth Member State.
870	870	The provisions, which become effective at that time, shall be
871	871	limited to the powers granted to the Commission relating to
872	872	assembly and the promulgation of Rules. Thereafter, the Commission
873	873	shall meet and exercise Rulemaking powers necessary to the
874	874	implementation and administration of the Compact.
875	875	B. Any State that joins the Compact subsequent to the
876	876	Commission's initial adoption of the Rules shall be subject to the
877	877	Rules as they exist on the date on which the Compact becomes law in
878	878	that State. Any Rule that has been previously adopted by the
879	879	Commission shall have the full force and effect of law on the day
880	880	the Compact becomes law in that State.
881	881	C. Any Member State may withdraw from this Compact by
882	882	enacting a statute repealing the same.
883	883	1. A Member State's withdrawal shall not take effect
884	884	until six (6) months after enactment of the repealing statute.
885	885	2. Withdrawal shall not affect the continuing
886	886	requirement of the withdrawing State's Occupational Therapy
887	887	Licensing Board to comply with the investigative and Adverse Action
888	888	reporting requirements of this act prior to the effective date of
889	889	withdrawal.
890	890	D. Nothing contained in this Compact shall be construed to
891	891	invalidate or prevent any Occupational Therapy licensure agreement
892	892	or other cooperative arrangement between a Member State and a
893	893	non-Member State that does not conflict with the provisions of this
894	894	Compact.
895	895	E. This Compact may be amended by the Member States. No
896	896	amendment to this Compact shall become effective and binding upon
897	897	any Member State until it is enacted into the laws of all Member
898	898	States.
899	899	SECTION 13. CONSTRUCTION AND SEVERABILITY
900	900	This Compact shall be liberally construed so as to effectuate
901	901	the purposes thereof. The provisions of this Compact shall be
902	902	severable and if any phrase, clause, sentence or provision of this
903	903	Compact is declared to be contrary to the constitution of any Member
904	904	State or of the United States or the applicability thereof to any
905	905	government, agency, person, or circumstance is held invalid, the
906	906	validity of the remainder of this Compact and the applicability
907	907	thereof to any government, agency, person, or circumstance shall
908	908	not be affected thereby. If this Compact shall be held contrary to
909	909	the constitution of any Member State, the Compact shall remain in
910	910	full force and effect as to the remaining Member States and in full
911	911	force and effect as to the Member State affected as to all severable
912	912	matters.
913	913	SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
914	914	A. A Licensee providing Occupational Therapy in a Remote
915	915	State under the Compact Privilege shall function within the laws
916	916	and regulations of the Remote State.
917	917	B. Nothing herein prevents the enforcement of any other law
918	918	of a Member State that is not inconsistent with the Compact.
919	919	C. Any laws in a Member State in conflict with the Compact
920	920	are superseded to the extent of the conflict.
921	921	D. Any lawful actions of the Commission, including all Rules
922	922	and bylaws promulgated by the Commission, are binding upon the
923	923	Member States.
924	924	E. All agreements between the Commission and the Member
925	925	States are binding in accordance with their terms.
926	926	F. In the event any provision of the Compact exceeds the
927	927	constitutional limits imposed on the legislature of any Member
928	928	State, the provision shall be ineffective to the extent of the
929	929	conflict with the constitutional provision in question in that
930	930	Member State.
931	931	Sec. 454.402. ADMINISTRATION OF COMPACT. The board is the
932	932	Occupational Therapy Licensure Compact administrator for this
933	933	state.
934	934	Sec. 454.403. RULES. The board may adopt rules necessary to
935	935	implement this subchapter.
936	936	SECTION 2. This Act takes effect September 1, 2021.