Texas 2025 - 89th Regular

Texas House Bill HB932 Compare Versions

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Old	New	Differences
1	1	89R829 SCP-F
2	2	By: Walle H.B. No. 932
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the Occupational Therapy Licensure Compact;
10	10	authorizing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 454, Occupations Code, is amended by
13	13	adding Subchapter I to read as follows:
14	14	SUBCHAPTER I. OCCUPATIONAL THERAPY LICENSURE COMPACT
15	15	Sec. 454.401. OCCUPATIONAL THERAPY LICENSURE COMPACT. The
16	16	Occupational Therapy Licensure Compact is enacted and entered into
17	17	with all other jurisdictions that legally join in the compact,
18	18	which reads as follows:
19	19	OCCUPATIONAL THERAPY LICENSURE COMPACT
20	20	SECTION 1. PURPOSE
21	21	The purpose of this Compact is to facilitate interstate
22	22	practice of Occupational Therapy with the goal of improving public
23	23	access to Occupational Therapy services. The Practice of
24	24	Occupational Therapy occurs in the State where the patient/client
25	25	is located at the time of the patient/client encounter. The Compact
26	26	preserves the regulatory authority of States to protect public
27	27	health and safety through the current system of State licensure.
28	28	This Compact is designed to achieve the following objectives:
29	29	A. Increase public access to Occupational Therapy services
30	30	by providing for the mutual recognition of other Member State
31	31	licenses;
32	32	B. Enhance the States' ability to protect the public's
33	33	health and safety;
34	34	C. Encourage the cooperation of Member States in regulating
35	35	multi-State Occupational Therapy Practice;
36	36	D. Support spouses of relocating military members;
37	37	E. Enhance the exchange of licensure, investigative, and
38	38	disciplinary information between Member States;
39	39	F. Allow a Remote State to hold a provider of services with a
40	40	Compact Privilege in that State accountable to that State's
41	41	practice standards; and
42	42	G. Facilitate the use of Telehealth technology in order to
43	43	increase access to Occupational Therapy services.
44	44	SECTION 2. DEFINITIONS
45	45	As used in this Compact, and except as otherwise provided,
46	46	the following definitions shall apply:
47	47	A. "Active Duty Military" means full-time duty status in the
48	48	active uniformed service of the United States, including members of
49	49	the National Guard and Reserve on active duty orders pursuant to 10
50	50	U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211.
51	51	B. "Adverse Action" means any administrative, civil,
52	52	equitable, or criminal action permitted by a State's laws which is
53	53	imposed by a Licensing Board or other authority against an
54	54	Occupational Therapist or Occupational Therapy Assistant,
55	55	including actions against an individual's license or Compact
56	56	Privilege such as censure, revocation, suspension, probation,
57	57	monitoring of the Licensee, or restriction on the Licensee's
58	58	practice.
59	59	C. "Alternative Program" means a non-disciplinary
60	60	monitoring process approved by an Occupational Therapy Licensing
61	61	Board.
62	62	D. "Compact Privilege" means the authorization, which is
63	63	equivalent to a license, granted by a Remote State to allow a
64	64	Licensee from another Member State to practice as an Occupational
65	65	Therapist or practice as an Occupational Therapy Assistant in the
66	66	Remote State under its laws and rules. The Practice of Occupational
67	67	Therapy occurs in the Member State where the patient/client is
68	68	located at the time of the patient/client encounter.
69	69	E. "Continuing Competence/Education" means a requirement,
70	70	as a condition of license renewal, to provide evidence of
71	71	participation in, and/or completion of, educational and
72	72	professional activities relevant to practice or area of work.
73	73	F. "Current Significant Investigative Information" means
74	74	Investigative Information that a Licensing Board, after an inquiry
75	75	or investigation that includes notification and an opportunity for
76	76	the Occupational Therapist or Occupational Therapy Assistant to
77	77	respond, if required by State law, has reason to believe is not
78	78	groundless and, if proved true, would indicate more than a minor
79	79	infraction.
80	80	G. "Data System" means a repository of information about
81	81	Licensees, including but not limited to license status,
82	82	Investigative Information, Compact Privileges, and Adverse
83	83	Actions.
84	84	H. "Encumbered License" means a license in which an Adverse
85	85	Action restricts the Practice of Occupational Therapy by the
86	86	Licensee or said Adverse Action has been reported to the National
87	87	Practitioners Data Bank (NPDB).
88	88	I. "Executive Committee" means a group of directors elected
89	89	or appointed to act on behalf of, and within the powers granted to
90	90	them by, the Commission.
91	91	J. "Home State" means the Member State that is the
92	92	Licensee's Primary State of Residence.
93	93	K. "Impaired Practitioner" means individuals whose
94	94	professional practice is adversely affected by substance abuse,
95	95	addiction, or other health-related conditions.
96	96	L. "Investigative Information" means information, records,
97	97	and/or documents received or generated by an Occupational Therapy
98	98	Licensing Board pursuant to an investigation.
99	99	M. "Jurisprudence Requirement" means the assessment of an
100	100	individual's knowledge of the laws and rules governing the Practice
101	101	of Occupational Therapy in a State.
102	102	N. "Licensee" means an individual who currently holds an
103	103	authorization from the State to practice as an Occupational
104	104	Therapist or as an Occupational Therapy Assistant.
105	105	O. "Member State" means a State that has enacted the
106	106	Compact.
107	107	P. "Occupational Therapist" means an individual who is
108	108	licensed by a State to practice Occupational Therapy.
109	109	Q. "Occupational Therapy Assistant" means an individual who
110	110	is licensed by a State to assist in the Practice of Occupational
111	111	Therapy.
112	112	R. "Occupational Therapy," "Occupational Therapy
113	113	Practice," and the "Practice of Occupational Therapy" mean the care
114	114	and services provided by an Occupational Therapist or an
115	115	Occupational Therapy Assistant as set forth in the Member State's
116	116	statutes and regulations.
117	117	S. "Occupational Therapy Compact Commission" or
118	118	"Commission" means the national administrative body whose
119	119	membership consists of all States that have enacted the Compact.
120	120	T. "Occupational Therapy Licensing Board" or "Licensing
121	121	Board" means the agency of a State that is authorized to license and
122	122	regulate Occupational Therapists and Occupational Therapy
123	123	Assistants.
124	124	U. "Primary State of Residence" means the state (also known
125	125	as the Home State) in which an Occupational Therapist or
126	126	Occupational Therapy Assistant who is not Active Duty Military
127	127	declares a primary residence for legal purposes as verified by:
128	128	driver's license, federal income tax return, lease, deed, mortgage
129	129	or voter registration or other verifying documentation as further
130	130	defined by Commission Rules.
131	131	V. "Remote State" means a Member State other than the Home
132	132	State, where a Licensee is exercising or seeking to exercise the
133	133	Compact Privilege.
134	134	W. "Rule" means a regulation promulgated by the Commission
135	135	that has the force of law.
136	136	X. "State" means any state, commonwealth, district, or
137	137	territory of the United States of America that regulates the
138	138	Practice of Occupational Therapy.
139	139	Y. "Single-State License" means an Occupational Therapist
140	140	or Occupational Therapy Assistant license issued by a Member State
141	141	that authorizes practice only within the issuing State and does not
142	142	include a Compact Privilege in any other Member State.
143	143	Z. "Telehealth" means the application of telecommunication
144	144	technology to deliver Occupational Therapy services for
145	145	assessment, intervention and/or consultation.
146	146	SECTION 3. STATE PARTICIPATION IN THE COMPACT
147	147	A. To participate in the Compact, a Member State shall:
148	148	1. License Occupational Therapists and Occupational
149	149	Therapy Assistants
150	150	2. Participate fully in the Commission's Data System,
151	151	including but not limited to using the Commission's unique
152	152	identifier as defined in Rules of the Commission;
153	153	3. Have a mechanism in place for receiving and
154	154	investigating complaints about Licensees;
155	155	4. Notify the Commission, in compliance with the terms
156	156	of the Compact and Rules, of any Adverse Action or the availability
157	157	of Investigative Information regarding a Licensee;
158	158	5. Implement or utilize procedures for considering the
159	159	criminal history records of applicants for an initial Compact
160	160	Privilege. These procedures shall include the submission of
161	161	fingerprints or other biometric-based information by applicants
162	162	for the purpose of obtaining an applicant's criminal history record
163	163	information from the Federal Bureau of Investigation and the agency
164	164	responsible for retaining that State's criminal records;
165	165	a. A Member State shall, within a time frame
166	166	established by the Commission, require a criminal background check
167	167	for a Licensee seeking/applying for a Compact Privilege whose
168	168	Primary State of Residence is that Member State, by receiving the
169	169	results of the Federal Bureau of Investigation criminal record
170	170	search, and shall use the results in making licensure decisions.
171	171	b. Communication between a Member State, the
172	172	Commission and among Member States regarding the verification of
173	173	eligibility for licensure through the Compact shall not include any
174	174	information received from the Federal Bureau of Investigation
175	175	relating to a federal criminal records check performed by a Member
176	176	State under Public Law 92-544.
177	177	6. Comply with the Rules of the Commission;
178	178	7. Utilize only a recognized national examination as a
179	179	requirement for licensure pursuant to the Rules of the Commission;
180	180	and
181	181	8. Have Continuing Competence/Education requirements
182	182	as a condition for license renewal.
183	183	B. A Member State shall grant the Compact Privilege to a
184	184	Licensee holding a valid unencumbered license in another Member
185	185	State in accordance with the terms of the Compact and Rules.
186	186	C. Member States may charge a fee for granting a Compact
187	187	Privilege.
188	188	D. A Member State shall provide for the State's delegate to
189	189	attend all Occupational Therapy Compact Commission meetings.
190	190	E. Individuals not residing in a Member State shall continue
191	191	to be able to apply for a Member State's Single-State License as
192	192	provided under the laws of each Member State. However, the
193	193	Single-State License granted to these individuals shall not be
194	194	recognized as granting the Compact Privilege in any other Member
195	195	State.
196	196	F. Nothing in this Compact shall affect the requirements
197	197	established by a Member State for the issuance of a Single-State
198	198	License.
199	199	SECTION 4. COMPACT PRIVILEGE
200	200	A. To exercise the Compact Privilege under the terms and
201	201	provisions of the Compact, the Licensee shall:
202	202	1. Hold a license in the Home State;
203	203	2. Have a valid United States Social Security Number
204	204	or National Practitioner Identification number;
205	205	3. Have no encumbrance on any State license;
206	206	4. Be eligible for a Compact Privilege in any Member
207	207	State in accordance with Section 4D, F, G, and H;
208	208	5. Have paid all fines and completed all requirements
209	209	resulting from any Adverse Action against any license or Compact
210	210	Privilege, and two years have elapsed from the date of such
211	211	completion;
212	212	6. Notify the Commission that the Licensee is seeking
213	213	the Compact Privilege within a Remote State(s);
214	214	7. Pay any applicable fees, including any State fee,
215	215	for the Compact Privilege;
216	216	8. Complete a criminal background check in accordance
217	217	with Section 3A(5);
218	218	a. The Licensee shall be responsible for the
219	219	payment of any fee associated with the completion of a criminal
220	220	background check.
221	221	9. Meet any Jurisprudence Requirements established by
222	222	the Remote State(s) in which the Licensee is seeking a Compact
223	223	Privilege; and
224	224	10. Report to the Commission Adverse Action taken by
225	225	any non-Member State within 30 days from the date the Adverse Action
226	226	is taken.
227	227	B. The Compact Privilege is valid until the expiration date
228	228	of the Home State license. The Licensee must comply with the
229	229	requirements of Section 4A to maintain the Compact Privilege in the
230	230	Remote State.
231	231	C. A Licensee providing Occupational Therapy in a Remote
232	232	State under the Compact Privilege shall function within the laws
233	233	and regulations of the Remote State.
234	234	D. Occupational Therapy Assistants practicing in a Remote
235	235	State shall be supervised by an Occupational Therapist licensed or
236	236	holding a Compact Privilege in that Remote State.
237	237	E. A Licensee providing Occupational Therapy in a Remote
238	238	State is subject to that State's regulatory authority. A Remote
239	239	State may, in accordance with due process and that State's laws,
240	240	remove a Licensee's Compact Privilege in the Remote State for a
241	241	specific period of time, impose fines, and/or take any other
242	242	necessary actions to protect the health and safety of its citizens.
243	243	The Licensee may be ineligible for a Compact Privilege in any State
244	244	until the specific time for removal has passed and all fines are
245	245	paid.
246	246	F. If a Home State license is encumbered, the Licensee shall
247	247	lose the Compact Privilege in any Remote State until the following
248	248	occur:
249	249	1. The Home State license is no longer encumbered; and
250	250	2. Two years have elapsed from the date on which the
251	251	Home State license is no longer encumbered in accordance with
252	252	Section 4(F)(1).
253	253	G. Once an Encumbered License in the Home State is restored
254	254	to good standing, the Licensee must meet the requirements of
255	255	Section 4A to obtain a Compact Privilege in any Remote State.
256	256	H. If a Licensee's Compact Privilege in any Remote State is
257	257	removed, the individual may lose the Compact Privilege in any other
258	258	Remote State until the following occur:
259	259	1. The specific period of time for which the Compact
260	260	Privilege was removed has ended;
261	261	2. All fines have been paid and all conditions have
262	262	been met;
263	263	3. Two years have elapsed from the date of completing
264	264	requirements for 4(H)(1) and (2); and
265	265	4. The Compact Privileges are reinstated by the
266	266	Commission, and the compact Data System is updated to reflect
267	267	reinstatement.
268	268	I. If a Licensee's Compact Privilege in any Remote State is
269	269	removed due to an erroneous charge, privileges shall be restored
270	270	through the compact Data System.
271	271	J. Once the requirements of Section 4H have been met, the
272	272	Licensee must meet the requirements in Section 4A to obtain a
273	273	Compact Privilege in a Remote State.
274	274	SECTION 5: OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF COMPACT
275	275	PRIVILEGE
276	276	A. An Occupational Therapist or Occupational Therapy
277	277	Assistant may hold a Home State license, which allows for Compact
278	278	Privileges in Member States, in only one Member State at a time.
279	279	B. If an Occupational Therapist or Occupational Therapy
280	280	Assistant changes Primary State of Residence by moving between two
281	281	Member States:
282	282	1. The Occupational Therapist or Occupational Therapy
283	283	Assistant shall file an application for obtaining a new Home State
284	284	license by virtue of a Compact Privilege, pay all applicable fees,
285	285	and notify the current and new Home State in accordance with
286	286	applicable Rules adopted by the Commission.
287	287	2. Upon receipt of an application for obtaining a new
288	288	Home State license by virtue of compact privilege, the new Home
289	289	State shall verify that the Occupational Therapist or Occupational
290	290	Therapy Assistant meets the pertinent criteria outlined in Section
291	291	4 via the Data System, without need for primary source verification
292	292	except for:
293	293	a. an FBI fingerprint based criminal background
294	294	check if not previously performed or updated pursuant to applicable
295	295	Rules adopted by the Commission in accordance with Public Law
296	296	92-544;
297	297	b. other criminal background check as required by
298	298	the new Home State; and
299	299	c. submission of any requisite Jurisprudence
300	300	Requirements of the new Home State.
301	301	3. The former Home State shall convert the former Home
302	302	State license into a Compact Privilege once the new Home State has
303	303	activated the new Home State license in accordance with applicable
304	304	Rules adopted by the Commission.
305	305	4. Notwithstanding any other provision of this
306	306	Compact, if the Occupational Therapist or Occupational Therapy
307	307	Assistant cannot meet the criteria in Section 4, the new Home State
308	308	shall apply its requirements for issuing a new Single-State
309	309	License.
310	310	5. The Occupational Therapist or the Occupational
311	311	Therapy Assistant shall pay all applicable fees to the new Home
312	312	State in order to be issued a new Home State license.
313	313	C. If an Occupational Therapist or Occupational Therapy
314	314	Assistant changes Primary State of Residence by moving from a
315	315	Member State to a non-Member State, or from a non-Member State to a
316	316	Member State, the State criteria shall apply for issuance of a
317	317	Single-State License in the new State.
318	318	D. Nothing in this compact shall interfere with a Licensee's
319	319	ability to hold a Single-State License in multiple States; however,
320	320	for the purposes of this compact, a Licensee shall have only one
321	321	Home State license.
322	322	E. Nothing in this Compact shall affect the requirements
323	323	established by a Member State for the issuance of a Single-State
324	324	License.
325	325	SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
326	326	A. Active Duty Military personnel, or their spouses, shall
327	327	designate a Home State where the individual has a current license in
328	328	good standing. The individual may retain the Home State designation
329	329	during the period the service member is on active duty. Subsequent
330	330	to designating a Home State, the individual shall only change their
331	331	Home State through application for licensure in the new State or
332	332	through the process described in Section 5.
333	333	SECTION 7. ADVERSE ACTIONS
334	334	A. A Home State shall have exclusive power to impose Adverse
335	335	Action against an Occupational Therapist's or Occupational Therapy
336	336	Assistant's license issued by the Home State.
337	337	B. In addition to the other powers conferred by State law, a
338	338	Remote State shall have the authority, in accordance with existing
339	339	State due process law, to:
340	340	1. Take Adverse Action against an Occupational
341	341	Therapist's or Occupational Therapy Assistant's Compact Privilege
342	342	within that Member State.
343	343	2. Issue subpoenas for both hearings and
344	344	investigations that require the attendance and testimony of
345	345	witnesses as well as the production of evidence. Subpoenas issued
346	346	by a Licensing Board in a Member State for the attendance and
347	347	testimony of witnesses or the production of evidence from another
348	348	Member State shall be enforced in the latter State by any court of
349	349	competent jurisdiction, according to the practice and procedure of
350	350	that court applicable to subpoenas issued in proceedings pending
351	351	before it. The issuing authority shall pay any witness fees, travel
352	352	expenses, mileage and other fees required by the service statutes
353	353	of the State in which the witnesses or evidence are located.
354	354	C. For purposes of taking Adverse Action, the Home State
355	355	shall give the same priority and effect to reported conduct
356	356	received from a Member State as it would if the conduct had occurred
357	357	within the Home State. In so doing, the Home State shall apply its
358	358	own State laws to determine appropriate action.
359	359	D. The Home State shall complete any pending investigations
360	360	of an Occupational Therapist or Occupational Therapy Assistant who
361	361	changes Primary State of Residence during the course of the
362	362	investigations. The Home State, where the investigations were
363	363	initiated, shall also have the authority to take appropriate
364	364	action(s) and shall promptly report the conclusions of the
365	365	investigations to the OT Compact Commission Data System. The
366	366	Occupational Therapy Compact Commission Data System administrator
367	367	shall promptly notify the new Home State of any Adverse Actions.
368	368	E. A Member State, if otherwise permitted by State law, may
369	369	recover from the affected Occupational Therapist or Occupational
370	370	Therapy Assistant the costs of investigations and disposition of
371	371	cases resulting from any Adverse Action taken against that
372	372	Occupational Therapist or Occupational Therapy Assistant.
373	373	F. A Member State may take Adverse Action based on the
374	374	factual findings of the Remote State, provided that the Member
375	375	State follows its own procedures for taking the Adverse Action.
376	376	G. Joint Investigations
377	377	1. In addition to the authority granted to a Member
378	378	State by its respective State Occupational Therapy laws and
379	379	regulations or other applicable State law, any Member State may
380	380	participate with other Member States in joint investigations of
381	381	Licensees.
382	382	2. Member States shall share any investigative,
383	383	litigation, or compliance materials in furtherance of any joint or
384	384	individual investigation initiated under the Compact.
385	385	H. If an Adverse Action is taken by the Home State against an
386	386	Occupational Therapist's or Occupational Therapy Assistant's
387	387	license, the Occupational Therapist's or Occupational Therapy
388	388	Assistant's Compact Privilege in all other Member States shall be
389	389	deactivated until all encumbrances have been removed from the State
390	390	license. All Home State disciplinary orders that impose Adverse
391	391	Action against an Occupational Therapist's or Occupational Therapy
392	392	Assistant's license shall include a Statement that the Occupational
393	393	Therapist's or Occupational Therapy Assistant's Compact Privilege
394	394	is deactivated in all Member States during the pendency of the
395	395	order.
396	396	I. If a Member State takes Adverse Action, it shall promptly
397	397	notify the administrator of the Data System. The administrator of
398	398	the Data System shall promptly notify the Home State of any Adverse
399	399	Actions by Remote States.
400	400	J. Nothing in this Compact shall override a Member State's
401	401	decision that participation in an Alternative Program may be used
402	402	in lieu of Adverse Action.
403	403	SECTION 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT
404	404	COMMISSION.
405	405	A. The Compact Member States hereby create and establish a
406	406	joint public agency known as the Occupational Therapy Compact
407	407	Commission:
408	408	1. The Commission is an instrumentality of the Compact
409	409	States.
410	410	2. Venue is proper and judicial proceedings by or
411	411	against the Commission shall be brought solely and exclusively in a
412	412	court of competent jurisdiction where the principal office of the
413	413	Commission is located. The Commission may waive venue and
414	414	jurisdictional defenses to the extent it adopts or consents to
415	415	participate in alternative dispute resolution proceedings.
416	416	3. Nothing in this Compact shall be construed to be a
417	417	waiver of sovereign immunity.
418	418	B. Membership, Voting, and Meetings
419	419	1. Each Member State shall have and be limited to one
420	420	(1) delegate selected by that Member State's Licensing Board.
421	421	2. The delegate shall be either:
422	422	a. A current member of the Licensing Board, who
423	423	is an Occupational Therapist, Occupational Therapy Assistant, or
424	424	public member; or
425	425	b. An administrator of the Licensing Board.
426	426	3. Any delegate may be removed or suspended from
427	427	office as provided by the law of the State from which the delegate
428	428	is appointed.
429	429	4. The Member State board shall fill any vacancy
430	430	occurring in the Commission within 90 days.
431	431	5. Each delegate shall be entitled to one (1) vote with
432	432	regard to the promulgation of Rules and creation of bylaws and shall
433	433	otherwise have an opportunity to participate in the business and
434	434	affairs of the Commission. A delegate shall vote in person or by
435	435	such other means as provided in the bylaws. The bylaws may provide
436	436	for delegates' participation in meetings by telephone or other
437	437	means of communication.
438	438	6. The Commission shall meet at least once during each
439	439	calendar year. Additional meetings shall be held as set forth in the
440	440	bylaws.
441	441	7. The Commission shall establish by Rule a term of
442	442	office for delegates.
443	443	C. The Commission shall have the following powers and
444	444	duties:
445	445	1. Establish a Code of Ethics for the Commission;
446	446	2. Establish the fiscal year of the Commission;
447	447	3. Establish bylaws;
448	448	4. Maintain its financial records in accordance with
449	449	the bylaws;
450	450	5. Meet and take such actions as are consistent with
451	451	the provisions of this Compact and the bylaws;
452	452	6. Promulgate uniform Rules to facilitate and
453	453	coordinate implementation and administration of this Compact. The
454	454	Rules shall have the force and effect of law and shall be binding in
455	455	all Member States;
456	456	7. Bring and prosecute legal proceedings or actions in
457	457	the name of the Commission, provided that the standing of any State
458	458	Occupational Therapy Licensing Board to sue or be sued under
459	459	applicable law shall not be affected;
460	460	8. Purchase and maintain insurance and bonds;
461	461	9. Borrow, accept, or contract for services of
462	462	personnel, including, but not limited to, employees of a Member
463	463	State;
464	464	10. Hire employees, elect or appoint officers, fix
465	465	compensation, define duties, grant such individuals appropriate
466	466	authority to carry out the purposes of the Compact, and establish
467	467	the Commission's personnel policies and programs relating to
468	468	conflicts of interest, qualifications of personnel, and other
469	469	related personnel matters;
470	470	11. Accept any and all appropriate donations and
471	471	grants of money, equipment, supplies, materials and services, and
472	472	receive, utilize and dispose of the same; provided that at all times
473	473	the Commission shall avoid any appearance of impropriety and/or
474	474	conflict of interest;
475	475	12. Lease, purchase, accept appropriate gifts or
476	476	donations of, or otherwise own, hold, improve or use, any property,
477	477	real, personal or mixed; provided that at all times the Commission
478	478	shall avoid any appearance of impropriety;
479	479	13. Sell, convey, mortgage, pledge, lease, exchange,
480	480	abandon, or otherwise dispose of any property real, personal, or
481	481	mixed;
482	482	14. Establish a budget and make expenditures;
483	483	15. Borrow money;
484	484	16. Appoint committees, including standing committees
485	485	composed of members, State regulators, State legislators or their
486	486	representatives, and consumer representatives, and such other
487	487	interested persons as may be designated in this Compact and the
488	488	bylaws;
489	489	17. Provide and receive information from, and
490	490	cooperate with, law enforcement agencies;
491	491	18. Establish and elect an Executive Committee; and
492	492	19. Perform such other functions as may be necessary
493	493	or appropriate to achieve the purposes of this Compact consistent
494	494	with the State regulation of Occupational Therapy licensure and
495	495	practice.
496	496	D. The Executive Committee
497	497	The Executive Committee shall have the power to act on behalf of the
498	498	Commission according to the terms of this Compact.
499	499	1. The Executive Committee shall be composed of nine
500	500	members:
501	501	a. Seven voting members who are elected by the
502	502	Commission from the current membership of the Commission;
503	503	b. One ex-officio, nonvoting member from a
504	504	recognized national Occupational Therapy professional association;
505	505	and
506	506	c. One ex-officio, nonvoting member from a
507	507	recognized national Occupational Therapy certification
508	508	organization.
509	509	2. The ex-officio members will be selected by their
510	510	respective organizations.
511	511	3. The Commission may remove any member of the
512	512	Executive Committee as provided in bylaws.
513	513	4. The Executive Committee shall meet at least
514	514	annually.
515	515	5. The Executive Committee shall have the following
516	516	Duties and responsibilities:
517	517	a. Recommend to the entire Commission changes to
518	518	the Rules or bylaws, changes to this Compact legislation, fees paid
519	519	by Compact Member States such as annual dues, and any Commission
520	520	Compact fee charged to Licensees for the Compact Privilege;
521	521	b. Ensure Compact administration services are
522	522	appropriately provided, contractual or otherwise;
523	523	c. Prepare and recommend the budget;
524	524	d. Maintain financial records on behalf of the
525	525	Commission;
526	526	e. Monitor Compact compliance of Member States
527	527	and provide compliance reports to the Commission;
528	528	f. Establish additional committees as necessary;
529	529	and
530	530	g. Perform other duties as provided in Rules or
531	531	bylaws.
532	532	E. Meetings of the Commission
533	533	1. All meetings shall be open to the public, and public
534	534	notice of meetings shall be given in the same manner as required
535	535	under the Rulemaking provisions in Section 10.
536	536	2. The Commission or the Executive Committee or other
537	537	committees of the Commission may convene in a closed, non-public
538	538	meeting if the Commission or Executive Committee or other
539	539	committees of the Commission must discuss:
540	540	a. Non-compliance of a Member State with its
541	541	obligations under the Compact;
542	542	b. The employment, compensation, discipline or
543	543	other matters, practices or procedures related to specific
544	544	employees or other matters related to the Commission's internal
545	545	personnel practices and procedures;
546	546	c. Current, threatened, or reasonably
547	547	anticipated litigation;
548	548	d. Negotiation of contracts for the purchase,
549	549	lease, or sale of goods, services, or real estate;
550	550	e. Accusing any person of a crime or formally
551	551	censuring any person;
552	552	f. Disclosure of trade secrets or commercial or
553	553	financial information that is privileged or confidential;
554	554	g. Disclosure of information of a personal nature
555	555	where disclosure would constitute a clearly unwarranted invasion of
556	556	personal privacy;
557	557	h. Disclosure of investigative records compiled
558	558	for law enforcement purposes;
559	559	i. Disclosure of information related to any
560	560	investigative reports prepared by or on behalf of or for use of the
561	561	Commission or other committee charged with responsibility of
562	562	investigation or determination of compliance issues pursuant to the
563	563	Compact; or
564	564	j. Matters specifically exempted from disclosure
565	565	by federal or Member State statute.
566	566	3. If a meeting, or portion of a meeting, is closed
567	567	pursuant to this provision, the Commission's legal counsel or
568	568	designee shall certify that the meeting may be closed and shall
569	569	reference each relevant exempting provision.
570	570	4. The Commission shall keep minutes that fully and
571	571	clearly describe all matters discussed in a meeting and shall
572	572	provide a full and accurate summary of actions taken, and the
573	573	reasons therefore, including a description of the views expressed.
574	574	All documents considered in connection with an action shall be
575	575	identified in such minutes. All minutes and documents of a closed
576	576	meeting shall remain under seal, subject to release by a majority
577	577	vote of the Commission or order of a court of competent
578	578	jurisdiction.
579	579	F. Financing of the Commission
580	580	1. The Commission shall pay, or provide for the
581	581	payment of, the reasonable expenses of its establishment,
582	582	organization, and ongoing activities.
583	583	2. The Commission may accept any and all appropriate
584	584	revenue sources, donations, and grants of money, equipment,
585	585	supplies, materials, and services.
586	586	3. The Commission may levy on and collect an annual
587	587	assessment from each Member State or impose fees on other parties to
588	588	cover the cost of the operations and activities of the Commission
589	589	and its staff, which must be in a total amount sufficient to cover
590	590	its annual budget as approved by the Commission each year for which
591	591	revenue is not provided by other sources. The aggregate annual
592	592	assessment amount shall be allocated based upon a formula to be
593	593	determined by the Commission, which shall promulgate a Rule binding
594	594	upon all Member States.
595	595	4. The Commission shall not incur obligations of any
596	596	kind prior to securing the funds adequate to meet the same; nor
597	597	shall the Commission pledge the credit of any of the Member States,
598	598	except by and with the authority of the Member State.
599	599	5. The Commission shall keep accurate accounts of all
600	600	receipts and disbursements. The receipts and disbursements of the
601	601	Commission shall be subject to the audit and accounting procedures
602	602	established under its bylaws. However, all receipts and
603	603	disbursements of funds handled by the Commission shall be audited
604	604	yearly by a certified or licensed public accountant, and the report
605	605	of the audit shall be included in and become part of the annual
606	606	report of the Commission.
607	607	G. Qualified Immunity, Defense, and Indemnification
608	608	1. The members, officers, executive director,
609	609	employees and representatives of the Commission shall be immune
610	610	from suit and liability, either personally or in their official
611	611	capacity, for any claim for damage to or loss of property or
612	612	personal injury or other civil liability caused by or arising out of
613	613	any actual or alleged act, error or omission that occurred, or that
614	614	the person against whom the claim is made had a reasonable basis for
615	615	believing occurred within the scope of Commission employment,
616	616	duties or responsibilities; provided that nothing in this paragraph
617	617	shall be construed to protect any such person from suit and/or
618	618	liability for any damage, loss, injury, or liability caused by the
619	619	intentional or willful or wanton misconduct of that person.
620	620	2. The Commission shall defend any member, officer,
621	621	executive director, employee, or representative of the Commission
622	622	in any civil action seeking to impose liability arising out of any
623	623	actual or alleged act, error, or omission that occurred within the
624	624	scope of Commission employment, duties, or responsibilities, or
625	625	that the person against whom the claim is made had a reasonable
626	626	basis for believing occurred within the scope of Commission
627	627	employment, duties, or responsibilities; provided that nothing
628	628	herein shall be construed to prohibit that person from retaining
629	629	his or her own counsel; and provided further, that the actual or
630	630	alleged act, error, or omission did not result from that person's
631	631	intentional or willful or wanton misconduct.
632	632	3. The Commission shall indemnify and hold harmless
633	633	any member, officer, executive director, employee, or
634	634	representative of the Commission for the amount of any settlement
635	635	or judgment obtained against that person arising out of any actual
636	636	or alleged act, error or omission that occurred within the scope of
637	637	Commission employment, duties, or responsibilities, or that such
638	638	person had a reasonable basis for believing occurred within the
639	639	scope of Commission employment, duties, or responsibilities,
640	640	provided that the actual or alleged act, error, or omission did not
641	641	result from the intentional or willful or wanton misconduct of that
642	642	person.
643	643	SECTION 9. DATA SYSTEM
644	644	A. The Commission shall provide for the development,
645	645	maintenance, and utilization of a coordinated database and
646	646	reporting system containing licensure, Adverse Action, and
647	647	Investigative Information on all licensed individuals in Member
648	648	States.
649	649	B. A Member State shall submit a uniform data set to the Data
650	650	System on all individuals to whom this Compact is applicable
651	651	(utilizing a unique identifier) as required by the Rules of the
652	652	Commission, including:
653	653	1. Identifying information;
654	654	2. Licensure data;
655	655	3. Adverse Actions against a license or Compact
656	656	Privilege;
657	657	4. Non-confidential information related to
658	658	Alternative Program participation;
659	659	5. Any denial of application for licensure, and the
660	660	reason(s) for such denial;
661	661	6. Other information that may facilitate the
662	662	administration of this Compact, as determined by the Rules of the
663	663	Commission; and
664	664	7. Current Significant Investigative Information.
665	665	C. Current Significant Investigative Information and other
666	666	Investigative Information pertaining to a Licensee in any Member
667	667	State will only be available to other Member States.
668	668	D. The Commission shall promptly notify all Member States of
669	669	any Adverse Action taken against a Licensee or an individual
670	670	applying for a license. Adverse Action information pertaining to a
671	671	Licensee in any Member State will be available to any other Member
672	672	State.
673	673	E. Member States contributing information to the Data
674	674	System may designate information that may not be shared with the
675	675	public without the express permission of the contributing State.
676	676	F. Any information submitted to the Data System that is
677	677	subsequently required to be expunged by the laws of the Member State
678	678	contributing the information shall be removed from the Data System.
679	679	SECTION 10. RULEMAKING
680	680	A. The Commission shall exercise its Rulemaking powers
681	681	pursuant to the criteria set forth in this Section and the Rules
682	682	adopted thereunder. Rules and amendments shall become binding as of
683	683	the date specified in each Rule or amendment.
684	684	B. The Commission shall promulgate reasonable rules in
685	685	order to effectively and efficiently achieve the purposes of the
686	686	Compact. Notwithstanding the foregoing, in the event the Commission
687	687	exercises its rulemaking authority in a manner that is beyond the
688	688	scope of the purposes of the Compact, or the powers granted
689	689	hereunder, then such an action by the Commission shall be invalid
690	690	and have no force and effect.
691	691	C. If a majority of the legislatures of the Member States
692	692	rejects a Rule, by enactment of a statute or resolution in the same
693	693	manner used to adopt the Compact within 4 years of the date of
694	694	adoption of the Rule, then such Rule shall have no further force and
695	695	effect in any Member State.
696	696	D. Rules or amendments to the Rules shall be adopted at a
697	697	regular or special meeting of the Commission.
698	698	E. Prior to promulgation and adoption of a final Rule or
699	699	Rules by the Commission, and at least thirty (30) days in advance of
700	700	the meeting at which the Rule will be considered and voted upon, the
701	701	Commission shall file a Notice of Proposed Rulemaking:
702	702	1. On the website of the Commission or other publicly
703	703	accessible platform; and
704	704	2. On the website of each Member State Occupational
705	705	Therapy Licensing Board or other publicly accessible platform or
706	706	the publication in which each State would otherwise publish
707	707	proposed Rules.
708	708	F. The Notice of Proposed Rulemaking shall include:
709	709	1. The proposed time, date, and location of the
710	710	meeting in which the Rule will be considered and voted upon;
711	711	2. The text of the proposed Rule or amendment and the
712	712	reason for the proposed Rule;
713	713	3. A request for comments on the proposed Rule from any
714	714	interested person; and
715	715	4. The manner in which interested persons may submit
716	716	notice to the Commission of their intention to attend the public
717	717	hearing and any written comments.
718	718	G. Prior to adoption of a proposed Rule, the Commission
719	719	shall allow persons to submit written data, facts, opinions, and
720	720	arguments, which shall be made available to the public.
721	721	H. The Commission shall grant an opportunity for a public
722	722	hearing before it adopts a Rule or amendment if a hearing is
723	723	requested by:
724	724	1. At least twenty five (25) persons;
725	725	2. A State or federal governmental subdivision or
726	726	agency; or
727	727	3. An association or organization having at least
728	728	twenty five (25) members.
729	729	I. If a hearing is held on the proposed Rule or amendment,
730	730	the Commission shall publish the place, time, and date of the
731	731	scheduled public hearing. If the hearing is held via electronic
732	732	means, the Commission shall publish the mechanism for access to the
733	733	electronic hearing.
734	734	1. All persons wishing to be heard at the hearing shall
735	735	notify the executive director of the Commission or other designated
736	736	member in writing of their desire to appear and testify at the
737	737	hearing not less than five (5) business days before the scheduled
738	738	date of the hearing.
739	739	2. Hearings shall be conducted in a manner providing
740	740	each person who wishes to comment a fair and reasonable opportunity
741	741	to comment orally or in writing.
742	742	3. All hearings will be recorded. A copy of the
743	743	recording will be made available on request.
744	744	4. Nothing in this section shall be construed as
745	745	requiring a separate hearing on each Rule. Rules may be grouped for
746	746	the convenience of the Commission at hearings required by this
747	747	section.
748	748	J. Following the scheduled hearing date, or by the close of
749	749	business on the scheduled hearing date if the hearing was not held,
750	750	the Commission shall consider all written and oral comments
751	751	received.
752	752	K. If no written notice of intent to attend the public
753	753	hearing by interested parties is received, the Commission may
754	754	proceed with promulgation of the proposed Rule without a public
755	755	hearing.
756	756	L. The Commission shall, by majority vote of all members,
757	757	take final action on the proposed Rule and shall determine the
758	758	effective date of the Rule, if any, based on the Rulemaking record
759	759	and the full text of the Rule.
760	760	M. Upon determination that an emergency exists, the
761	761	Commission may consider and adopt an emergency Rule without prior
762	762	notice, opportunity for comment, or hearing, provided that the
763	763	usual Rulemaking procedures provided in the Compact and in this
764	764	section shall be retroactively applied to the Rule as soon as
765	765	reasonably possible, in no event later than ninety (90) days after
766	766	the effective date of the Rule. For the purposes of this provision,
767	767	an emergency Rule is one that must be adopted immediately in order
768	768	to:
769	769	1. Meet an imminent threat to public health, safety,
770	770	or welfare;
771	771	2. Prevent a loss of Commission or Member State funds;
772	772	3. Meet a deadline for the promulgation of an
773	773	administrative Rule that is established by federal law or Rule; or
774	774	4. Protect public health and safety.
775	775	N. The Commission or an authorized committee of the
776	776	Commission may direct revisions to a previously adopted Rule or
777	777	amendment for purposes of correcting typographical errors, errors
778	778	in format, errors in consistency, or grammatical errors. Public
779	779	notice of any revisions shall be posted on the website of the
780	780	Commission. The revision shall be subject to challenge by any
781	781	person for a period of thirty (30) days after posting. The revision
782	782	may be challenged only on grounds that the revision results in a
783	783	material change to a Rule. A challenge shall be made in writing and
784	784	delivered to the chair of the Commission prior to the end of the
785	785	notice period. If no challenge is made, the revision will take
786	786	effect without further action. If the revision is challenged, the
787	787	revision may not take effect without the approval of the
788	788	Commission.
789	789	SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
790	790	A. Oversight
791	791	1. The executive, legislative, and judicial branches
792	792	of State government in each Member State shall enforce this Compact
793	793	and take all actions necessary and appropriate to effectuate the
794	794	Compact's purposes and intent. The provisions of this Compact and
795	795	the Rules promulgated hereunder shall have standing as statutory
796	796	law.
797	797	2. All courts shall take judicial notice of the
798	798	Compact and the Rules in any judicial or administrative proceeding
799	799	in a Member State pertaining to the subject matter of this Compact
800	800	which may affect the powers, responsibilities, or actions of the
801	801	Commission.
802	802	3. The Commission shall be entitled to receive service
803	803	of process in any such proceeding, and shall have standing to
804	804	intervene in such a proceeding for all purposes. Failure to provide
805	805	service of process to the Commission shall render a judgment or
806	806	order void as to the Commission, this Compact, or promulgated
807	807	Rules.
808	808	B. Default, Technical Assistance, and Termination
809	809	1. If the Commission determines that a Member State
810	810	has defaulted in the performance of its obligations or
811	811	responsibilities under this Compact or the promulgated Rules, the
812	812	Commission shall:
813	813	a. Provide written notice to the defaulting State
814	814	and other Member States of the nature of the default, the proposed
815	815	means of curing the default and/or any other action to be taken by
816	816	the Commission; and
817	817	b. Provide remedial training and specific
818	818	technical assistance regarding the default.
819	819	2. If a State in default fails to cure the default, the
820	820	defaulting State may be terminated from the Compact upon an
821	821	affirmative vote of a majority of the Member States, and all rights,
822	822	privileges and benefits conferred by this Compact may be terminated
823	823	on the effective date of termination. A cure of the default does not
824	824	relieve the offending State of obligations or liabilities incurred
825	825	during the period of default.
826	826	3. Termination of membership in the Compact shall be
827	827	imposed only after all other means of securing compliance have been
828	828	exhausted. Notice of intent to suspend or terminate shall be given
829	829	by the Commission to the governor, the majority and minority
830	830	leaders of the defaulting State's legislature, and each of the
831	831	Member States.
832	832	4. A State that has been terminated is responsible for
833	833	all assessments, obligations, and liabilities incurred through the
834	834	effective date of termination, including obligations that extend
835	835	beyond the effective date of termination.
836	836	5. The Commission shall not bear any costs related to a
837	837	State that is found to be in default or that has been terminated
838	838	from the Compact, unless agreed upon in writing between the
839	839	Commission and the defaulting State.
840	840	6. The defaulting State may appeal the action of the
841	841	Commission by petitioning the U.S. District Court for the District
842	842	of Columbia or the federal district where the Commission has its
843	843	principal offices. The prevailing member shall be awarded all costs
844	844	of such litigation, including reasonable attorney's fees.
845	845	C. Dispute Resolution
846	846	1. Upon request by a Member State, the Commission
847	847	shall attempt to resolve disputes related to the Compact that arise
848	848	among Member States and between member and non-Member States.
849	849	2. The Commission shall promulgate a Rule providing
850	850	for both mediation and binding dispute resolution for disputes as
851	851	appropriate.
852	852	D. Enforcement
853	853	1. The Commission, in the reasonable exercise of its
854	854	discretion, shall enforce the provisions and Rules of this Compact.
855	855	2. By majority vote, the Commission may initiate legal
856	856	action in the United States District Court for the District of
857	857	Columbia or the federal district where the Commission has its
858	858	principal offices against a Member State in default to enforce
859	859	compliance with the provisions of the Compact and its promulgated
860	860	Rules and bylaws. The relief sought may include both injunctive
861	861	relief and damages. In the event judicial enforcement is necessary,
862	862	the prevailing member shall be awarded all costs of such
863	863	litigation, including reasonable attorney's fees.
864	864	3. The remedies herein shall not be the exclusive
865	865	remedies of the Commission. The Commission may pursue any other
866	866	remedies available under federal or State law.
867	867	SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
868	868	FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED RULES,
869	869	WITHDRAWAL, AND AMENDMENT
870	870	A. The Compact shall come into effect on the date on which
871	871	the Compact statute is enacted into law in the tenth Member State.
872	872	The provisions, which become effective at that time, shall be
873	873	limited to the powers granted to the Commission relating to
874	874	assembly and the promulgation of Rules. Thereafter, the Commission
875	875	shall meet and exercise Rulemaking powers necessary to the
876	876	implementation and administration of the Compact.
877	877	B. Any State that joins the Compact subsequent to the
878	878	Commission's initial adoption of the Rules shall be subject to the
879	879	Rules as they exist on the date on which the Compact becomes law in
880	880	that State. Any Rule that has been previously adopted by the
881	881	Commission shall have the full force and effect of law on the day
882	882	the Compact becomes law in that State.
883	883	C. Any Member State may withdraw from this Compact by
884	884	enacting a statute repealing the same.
885	885	1. A Member State's withdrawal shall not take effect
886	886	until six (6) months after enactment of the repealing statute.
887	887	2. Withdrawal shall not affect the continuing
888	888	requirement of the withdrawing State's Occupational Therapy
889	889	Licensing Board to comply with the investigative and Adverse Action
890	890	reporting requirements of this act prior to the effective date of
891	891	withdrawal.
892	892	D. Nothing contained in this Compact shall be construed to
893	893	invalidate or prevent any Occupational Therapy licensure agreement
894	894	or other cooperative arrangement between a Member State and a
895	895	non-Member State that does not conflict with the provisions of this
896	896	Compact.
897	897	E. This Compact may be amended by the Member States. No
898	898	amendment to this Compact shall become effective and binding upon
899	899	any Member State until it is enacted into the laws of all Member
900	900	States.
901	901	SECTION 13. CONSTRUCTION AND SEVERABILITY
902	902	This Compact shall be liberally construed so as to effectuate
903	903	the purposes thereof. The provisions of this Compact shall be
904	904	severable and if any phrase, clause, sentence or provision of this
905	905	Compact is declared to be contrary to the constitution of any Member
906	906	State or of the United States or the applicability thereof to any
907	907	government, agency, person, or circumstance is held invalid, the
908	908	validity of the remainder of this Compact and the applicability
909	909	thereof to any government, agency, person, or circumstance shall
910	910	not be affected thereby. If this Compact shall be held contrary to
911	911	the constitution of any Member State, the Compact shall remain in
912	912	full force and effect as to the remaining Member States and in full
913	913	force and effect as to the Member State affected as to all severable
914	914	matters.
915	915	SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
916	916	A. A Licensee providing Occupational Therapy in a Remote
917	917	State under the Compact Privilege shall function within the laws
918	918	and regulations of the Remote State.
919	919	B. Nothing herein prevents the enforcement of any other law
920	920	of a Member State that is not inconsistent with the Compact.
921	921	C. Any laws in a Member State in conflict with the Compact
922	922	are superseded to the extent of the conflict.
923	923	D. Any lawful actions of the Commission, including all Rules
924	924	and bylaws promulgated by the Commission, are binding upon the
925	925	Member States.
926	926	E. All agreements between the Commission and the Member
927	927	States are binding in accordance with their terms.
928	928	F. In the event any provision of the Compact exceeds the
929	929	constitutional limits imposed on the legislature of any Member
930	930	State, the provision shall be ineffective to the extent of the
931	931	conflict with the constitutional provision in question in that
932	932	Member State.
933	933	Sec. 454.402. ADMINISTRATION OF COMPACT. The board is the
934	934	Occupational Therapy Licensure Compact administrator for this
935	935	state.
936	936	Sec. 454.403. RULES. The board may adopt rules necessary to
937	937	implement this subchapter.
938	938	SECTION 2. This Act takes effect September 1, 2025.