SF 1572

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/08/2024 10:01am

A bill for an act
relating to health care; establishing the occupational therapist licensure compact;
proposing coding for new law in Minnesota Statutes, chapter 148.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [148.645] OCCUPATIONAL THERAPY LICENSURE COMPACT.
new text end

new text begin ARTICLE 1. PURPOSE
new text end

new text begin The purpose of this compact is to facilitate interstate practice of occupational therapy
with the goal of improving public access to occupational therapy services. The practice of
occupational therapy occurs in the state where the patient or client is located at the time of
the patient or client encounter. The compact preserves the regulatory authority of states to
protect public health and safety through the current system of state licensure.
new text end

new text begin This compact is designed to achieve the following objectives:
new text end

new text begin (A) increase public access to occupational therapy services by providing for the mutual
recognition of other member state licenses;
new text end

new text begin (B) enhance the states' ability to protect the public's health and safety;
new text end

new text begin (C) encourage the cooperation of member states in regulating multistate occupational
therapy practice;
new text end

new text begin (D) support spouses of relocating military members;
new text end

new text begin (E) enhance the exchange of licensure, investigative, and disciplinary information
between member states;
new text end

new text begin (F) allow a remote state to hold a provider of services with a compact privilege in that
state accountable to that state's practice standards; and
new text end

new text begin (G) facilitate the use of telehealth technology in order to increase access to occupational
therapy services.
new text end

new text begin ARTICLE 2. DEFINITIONS
new text end

new text begin As used in this compact, and except as otherwise provided, the following definitions
shall apply:
new text end

new text begin (A) "Active duty military" means full-time duty status in the active uniformed service
of the United States, including members of the National Guard and Reserve on active duty
orders pursuant to United States Code, title 10, sections 1209 and 1211.
new text end

new text begin (B) "Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's laws which is imposed by a licensing board or other authority against
an occupational therapist or occupational therapy assistant, including actions against an
individual's license or compact privilege such as censure, revocation, suspension, probation,
monitoring of the licensee, or restriction on the licensee's practice.
new text end

new text begin (C) "Alternative program" means a nondisciplinary monitoring process approved by an
occupational therapy licensing board.
new text end

new text begin (D) "Compact privilege" means the authorization, which is equivalent to a license,
granted by a remote state to allow a licensee from another member state to practice as an
occupational therapist or practice as an occupational therapy assistant in the remote state
under its laws and rules. The practice of occupational therapy occurs in the member state
where the patient or client is located at the time of the patient or client encounter.
new text end

new text begin (E) "Continuing competence" or "continuing education" means a requirement, as a
condition of license renewal, to provide evidence of participation in, and completion of,
educational and professional activities relevant to practice or area of work.
new text end

new text begin (F) "Current significant investigative information" means investigative information that
a licensing board, after an inquiry or investigation that includes notification and an
opportunity for the occupational therapist or occupational therapy assistant to respond, if
required by state law, has reason to believe is not groundless and, if proven true, would
indicate more than a minor infraction.
new text end

new text begin (G) "Data system" means a repository of information about licensees, including but not
limited to license status, investigative information, compact privileges, and adverse actions.
new text end

new text begin (H) "Encumbered license" means a license in which an adverse action restricts the
practice of occupational therapy by the licensee or said adverse action has been reported to
the National Practitioners Data Bank (NPDB).
new text end

new text begin (I) "Executive committee" means a group of directors elected or appointed to act on
behalf of, and within the powers granted to them by, the commission.
new text end

new text begin (J) "Home state" means the member state that is the licensee's primary state of residence.
new text end

new text begin (K) "Impaired practitioner" means an individual whose professional practice is adversely
affected by substance abuse, addiction, or other health-related conditions.
new text end

new text begin (L) "Investigative information" means information, records, or documents received or
generated by an occupational therapy licensing board pursuant to an investigation.
new text end

new text begin (M) "Jurisprudence requirement" means the assessment of an individual's knowledge
of the laws and rules governing the practice of occupational therapy in a state.
new text end

new text begin (N) "Licensee" means an individual who currently holds an authorization from the state
to practice as an occupational therapist or as an occupational therapy assistant.
new text end

new text begin (O) "Member state" means a state that has enacted the compact.
new text end

new text begin (P) "Occupational therapist" means an individual who is licensed by a state to practice
occupational therapy.
new text end

new text begin (Q) "Occupational therapy assistant" means an individual who is licensed by a state to
assist in the practice of occupational therapy.
new text end

new text begin (R) "Occupational therapy," "occupational therapy practice," and "the practice of
occupational therapy" mean the care and services provided by an occupational therapist or
an occupational therapy assistant as set forth in the member state's statutes and regulations.
new text end

new text begin (S) "Occupational therapy compact commission" or "commission" means the national
administrative body whose membership consists of all states that have enacted the compact.
new text end

new text begin (T) "Occupational therapy licensing board" or "licensing board" means the agency of a
state that is authorized to license and regulate occupational therapists and occupational
therapy assistants.
new text end

new text begin (U) "Primary state of residence" means the state, also known as the home state, in which
an occupational therapist or occupational therapy assistant who is not active duty military
declares a primary residence for legal purposes as verified by driver's license, federal income
tax return, lease, deed, mortgage, or voter registration or other verifying documentation as
further defined by commission rules.
new text end

new text begin (V) "Remote state" means a member state other than the home state where a licensee is
exercising or seeking to exercise the compact privilege.
new text end

new text begin (W) "Rule" means a regulation promulgated by the commission that has the force of
law.
new text end

new text begin (X) "State" means any state, commonwealth, district, or territory of the United States
of America that regulates the practice of occupational therapy.
new text end

new text begin (Y) "Single-state license" means an occupational therapist or occupational therapy
assistant license issued by a member state that authorizes practice only within the issuing
state and does not include a compact privilege in any other member state.
new text end

new text begin (Z) "Telehealth" means the application of telecommunication technology to deliver
occupational therapy services for assessment, intervention, or consultation.
new text end

new text begin ARTICLE 3. STATE PARTICIPATION IN THE COMPACT
new text end

new text begin (A) To participate in the compact, a member state shall:
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new text begin (1) license occupational therapists and occupational therapy assistants;
new text end

new text begin (2) participate fully in the commission's data system, including but not limited to using
the commission's unique identifier as defined in rules of the commission;
new text end

new text begin (3) have a mechanism in place for receiving and investigating complaints about licensees;
new text end

new text begin (4) notify the commission, in compliance with the terms of the compact and rules, of
any adverse action or the availability of investigative information regarding a licensee;
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new text begin (5) implement or utilize procedures for considering the criminal history records of
applicants for an initial compact privilege. These procedures shall include the submission
of fingerprints or other biometric-based information by applicants for the purpose of obtaining
an applicant's criminal history record information from the Federal Bureau of Investigation
and the agency responsible for retaining that state's criminal records;
new text end

new text begin (i) A member state shall, within a time frame established by the commission, require a
criminal background check for a licensee seeking or applying for a compact privilege whose
primary state of residence is that member state by receiving the results of the Federal Bureau
of Investigation criminal record search, and shall use the results in making licensure
decisions.
new text end

new text begin (ii) Communication between a member state, the commission, and among member states
regarding the verification of eligibility for licensure through the compact shall not include
any information received from the Federal Bureau of Investigation relating to a federal
criminal records check performed by a member state under Public Law 92-544;
new text end

new text begin (6) comply with the rules of the commission;
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new text begin (7) utilize only a recognized national examination as a requirement for licensure pursuant
to the rules of the commission; and
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new text begin (8) have continuing competence or education requirements as a condition for license
renewal.
new text end

new text begin (B) A member state shall grant the compact privilege to a licensee holding a valid
unencumbered license in another member state in accordance with the terms of the compact
and rules.
new text end

new text begin (C) Member states may charge a fee for granting a compact privilege.
new text end

new text begin (D) A member state shall provide for the state's delegate to attend all occupational therapy
compact commission meetings.
new text end

new text begin (E) Individuals not residing in a member state shall continue to be able to apply for a
member state's single-state license as provided under the laws of each member state.
However, the single-state license granted to these individuals shall not be recognized as
granting the compact privilege in any other member state.
new text end

new text begin (F) Nothing in this compact shall affect the requirements established by a member state
for the issuance of a single-state license.
new text end

new text begin ARTICLE 4. COMPACT PRIVILEGE
new text end

new text begin (A) To exercise the compact privilege under the terms and provisions of the compact,
the licensee shall:
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new text begin (1) hold a license in the home state;
new text end

new text begin (2) have a valid United States Social Security number or national practitioner
identification number;
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new text begin (3) have no encumbrance on any state license;
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new text begin (4) be eligible for a compact privilege in any member state in accordance with Article
4(D), (F), (G), and (H);
new text end

new text begin (5) have paid all fines and completed all requirements resulting from any adverse action
against any license or compact privilege, and two years have elapsed from the date of such
completion;
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new text begin (6) notify the commission that the licensee is seeking the compact privilege within a
remote state or states;
new text end

new text begin (7) pay any applicable fees, including any state fee, for the compact privilege;
new text end

new text begin (8) complete a criminal background check in accordance with Article 3(A)(5). The
licensee shall be responsible for the payment of any fee associated with the completion of
a criminal background check;
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new text begin (9) meet any jurisprudence requirements established by the remote state or states in
which the licensee is seeking a compact privilege; and
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new text begin (10) report to the commission adverse action taken by any nonmember state within 30
days from the date the adverse action is taken.
new text end

new text begin (B) The compact privilege is valid until the expiration date of the home state license.
The licensee must comply with the requirements of Article 4(A) to maintain the compact
privilege in the remote state.
new text end

new text begin (C) A licensee providing occupational therapy in a remote state under the compact
privilege shall function within the laws and regulations of the remote state.
new text end

new text begin (D) Occupational therapy assistants practicing in a remote state shall be supervised by
an occupational therapist licensed or holding a compact privilege in that remote state.
new text end

new text begin (E) A licensee providing occupational therapy in a remote state is subject to that state's
regulatory authority. A remote state may, in accordance with due process and that state's
laws, remove a licensee's compact privilege in the remote state for a specific period of time,
impose fines, or take any other necessary actions to protect the health and safety of its
citizens. The licensee may be ineligible for a compact privilege in any state until the specific
time for removal has passed and all fines are paid.
new text end

new text begin (F) If a home state license is encumbered, the licensee shall lose the compact privilege
in any remote state until the following occur:
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new text begin (1) the home state license is no longer encumbered; and
new text end

new text begin (2) two years have elapsed from the date on which the home state license is no longer
encumbered in accordance with Article 4(F)(1).
new text end

new text begin (G) Once an encumbered license in the home state is restored to good standing, the
licensee must meet the requirements of Article 4(A) to obtain a compact privilege in any
remote state.
new text end

new text begin (H) If a licensee's compact privilege in any remote state is removed, the individual may
lose the compact privilege in any other remote state until the following occur:
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new text begin (1) the specific period of time for which the compact privilege was removed has ended;
new text end

new text begin (2) all fines have been paid and all conditions have been met;
new text end

new text begin (3) two years have elapsed from the date of completing requirements for Article 4(H)(1)
and (2); and
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new text begin (4) the compact privileges are reinstated by the commission and the compact data system
is updated to reflect reinstatement.
new text end

new text begin (I) If a licensee's compact privilege in any remote state is removed due to an erroneous
charge, privileges shall be restored through the compact data system.
new text end

new text begin (J) Once the requirements of Article 4(H) have been met, the licensee must meet the
requirements in Article 4(A) to obtain a compact privilege in a remote state.
new text end

new text begin ARTICLE 5. OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF
COMPACT PRIVILEGE
new text end

new text begin (A) An occupational therapist or occupational therapy assistant may hold a home state
license, which allows for compact privileges in member states, in only one member state
at a time.
new text end

new text begin (B) If an occupational therapist or occupational therapy assistant changes their primary
state of residence by moving between two member states:
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new text begin (1) the occupational therapist or occupational therapy assistant shall file an application
for obtaining a new home state license by virtue of a compact privilege, pay all applicable
fees, and notify the current and new home state in accordance with applicable rules adopted
by the commission;
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new text begin (2) upon receipt of an application for obtaining a new home state license by virtue of
compact privilege, the new home state shall verify that the occupational therapist or
occupational therapy assistant meets the pertinent criteria outlined in Article 4 via the data
system, without need for primary source verification except for:
new text end

new text begin (i) an FBI fingerprint-based criminal background check if not previously performed or
updated pursuant to applicable rules adopted by the commission in accordance with Public
Law 92-544;
new text end

new text begin (ii) other criminal background checks as required by the new home state; and
new text end

new text begin (iii) submission of any requisite jurisprudence requirements of the new home state;
new text end

new text begin (3) the former home state shall convert the former home state license into a compact
privilege once the new home state has activated the new home state license in accordance
with applicable rules adopted by the commission;
new text end

new text begin (4) notwithstanding any other provision of this compact, if the occupational therapist or
occupational therapy assistant cannot meet the criteria in Article 4, the new home state shall
apply its requirements for issuing a new single-state license; and
new text end

new text begin (5) the occupational therapist or the occupational therapy assistant shall pay all applicable
fees to the new home state in order to be issued a new home state license.
new text end

new text begin (C) If an occupational therapist or occupational therapy assistant changes their primary
state of residence by moving from a member state to a nonmember state, or from a
nonmember state to a member state, the state criteria shall apply for issuance of a single-state
license in the new state.
new text end

new text begin (D) Nothing in this compact shall interfere with a licensee's ability to hold a single-state
license in multiple states; however, for the purposes of this compact, a licensee shall have
only one home state license.
new text end

new text begin (E) Nothing in this compact shall affect the requirements established by a member state
for the issuance of a single-state license.
new text end

new text begin ARTICLE 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
new text end

new text begin Active duty military personnel, or their spouses, shall designate a home state where the
individual has a current license in good standing. The individual may retain the home state
designation during the period the service member is on active duty. Subsequent to designating
a home state, the individual shall only change their home state through application for
licensure in the new state or through the process described in Article 5.
new text end

new text begin ARTICLE 7. ADVERSE ACTIONS
new text end

new text begin (A) A home state shall have exclusive power to impose adverse action against an
occupational therapist's or occupational therapy assistant's license issued by the home state.
new text end

new text begin (B) In addition to the other powers conferred by state law, a remote state shall have the
authority, in accordance with existing state due process law, to:
new text end

new text begin (1) take adverse action against an occupational therapist's or occupational therapy
assistant's compact privilege within that member state; and
new text end

new text begin (2) issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing
board in a member state for the attendance and testimony of witnesses or the production of
evidence from another member state shall be enforced in the latter state by any court of
competent jurisdiction, according to the practice and procedure of that court applicable to
subpoenas issued in proceedings pending before that court. The issuing authority shall pay
any witness fees, travel expenses, mileage, and other fees required by the service statutes
of the state in which the witnesses or evidence are located.
new text end

new text begin (C) For purposes of taking adverse action, the home state shall give the same priority
and effect to reported conduct received from a member state as it would if the conduct had
occurred within the home state. In so doing, the home state shall apply its own state laws
to determine appropriate action.
new text end

new text begin (D) The home state shall complete any pending investigations of an occupational therapist
or occupational therapy assistant who changes their primary state of residence during the
course of the investigations. The home state, where the investigations were initiated, shall
also have the authority to take appropriate action and shall promptly report the conclusions
of the investigations to the compact commission data system. The occupational therapy
compact commission data system administrator shall promptly notify the new home state
of any adverse actions.
new text end

new text begin (E) A member state, if otherwise permitted by state law, may recover from the affected
occupational therapist or occupational therapy assistant the costs of investigations and
disposition of cases resulting from any adverse action taken against that occupational
therapist or occupational therapy assistant.
new text end

new text begin (F) A member state may take adverse action based on the factual findings of the remote
state, provided that the member state follows its own procedures for taking the adverse
action.
new text end

new text begin (G) Joint Investigations:
new text end

new text begin (1) In addition to the authority granted to a member state by its respective state
occupational therapy laws and regulations or other applicable state law, any member state
may participate with other member states in joint investigations of licensees.
new text end

new text begin (2) Member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the compact.
new text end

new text begin (H) If an adverse action is taken by the home state against an occupational therapist's
or occupational therapy assistant's license, the occupational therapist's or occupational
therapy assistant's compact privilege in all other member states shall be deactivated until
all encumbrances have been removed from the state license. All home state disciplinary
orders that impose adverse action against an occupational therapist's or occupational therapy
assistant's license shall include a statement that the occupational therapist's or occupational
therapy assistant's compact privilege is deactivated in all member states during the pendency
of the order.
new text end

new text begin (I) If a member state takes adverse action, the member state shall promptly notify the
administrator of the data system. The administrator of the data system shall promptly notify
the home state of any adverse actions by remote states.
new text end

new text begin (J) Nothing in this compact shall override a member state's decision that participation
in an alternative program may be used in lieu of adverse action.
new text end

new text begin ARTICLE 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT
COMMISSION.
new text end

new text begin (A) The compact member states hereby create and establish a joint public agency known
as the occupational therapy compact commission:
new text end

new text begin (1) The commission is an instrumentality of the compact states.
new text end

new text begin (2) Venue is proper and judicial proceedings by or against the commission shall be
brought solely and exclusively in a court of competent jurisdiction where the principal office
of the commission is located. The commission may waive venue and jurisdictional defenses
to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
new text end

new text begin (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
new text end

new text begin (B) Membership, Voting, and Meetings:
new text end

new text begin (1) Each member state shall have and be limited to one delegate selected by that member
state's licensing board.
new text end

new text begin (2) The delegate shall be either:
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new text begin (i) a current member of the licensing board who is an occupational therapist, occupational
therapy assistant, or public member; or
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new text begin (ii) an administrator of the licensing board.
new text end

new text begin (3) Any delegate may be removed or suspended from office as provided by the law of
the state from which the delegate is appointed.
new text end

new text begin (4) The member state board shall fill any vacancy occurring in the commission within
90 days.
new text end

new text begin (5) Each delegate shall be entitled to one vote with regard to the promulgation of rules
and creation of bylaws and shall otherwise have an opportunity to participate in the business
and affairs of the commission. A delegate shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for delegates' participation in meetings
by telephone or other means of communication.
new text end

new text begin (6) The commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.
new text end

new text begin (7) The commission shall establish by rule a term of office for delegates.
new text end

new text begin (C) The commission shall have the following powers and duties:
new text end

new text begin (1) establish a code of ethics for the commission;
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new text begin (2) establish the fiscal year of the commission;
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new text begin (3) establish bylaws;
new text end

new text begin (4) maintain its financial records in accordance with the bylaws;
new text end

new text begin (5) meet and take such actions as are consistent with the provisions of this compact and
the bylaws;
new text end

new text begin (6) promulgate uniform rules to facilitate and coordinate implementation and
administration of this compact. The rules shall have the force and effect of law and shall
be binding in all member states;
new text end

new text begin (7) bring and prosecute legal proceedings or actions in the name of the commission,
provided that the standing of any state occupational therapy licensing board to sue or be
sued under applicable law shall not be affected;
new text end

new text begin (8) purchase and maintain insurance and bonds;
new text end

new text begin (9) borrow, accept, or contract for services of personnel, including but not limited to
employees of a member state;
new text end

new text begin (10) hire employees, elect or appoint officers, fix compensation, define duties, grant
such individuals appropriate authority to carry out the purposes of the compact, and establish
the commission's personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters;
new text end

new text begin (11) accept any and all appropriate donations and grants of money, equipment, supplies,
materials, and services, and receive, utilize, and dispose of the same; provided that at all
times the commission shall avoid any appearance of impropriety or conflict of interest;
new text end

new text begin (12) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,
improve, or use any property, real, personal, or mixed; provided that at all times the
commission shall avoid any appearance of impropriety;
new text end

new text begin (13) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
new text end

new text begin (14) establish a budget and make expenditures;
new text end

new text begin (15) borrow money;
new text end

new text begin (16) appoint committees, including standing committees composed of members, state
regulators, state legislators or their representatives, and consumer representatives, and other
interested persons as may be designated in this compact and the bylaws;
new text end

new text begin (17) provide and receive information from, and cooperate with, law enforcement agencies;
new text end

new text begin (18) establish and elect an executive committee; and
new text end

new text begin (19) perform other functions as may be necessary or appropriate to achieve the purposes
of this compact consistent with the state regulation of occupational therapy licensure and
practice.
new text end

new text begin (D) The Executive Committee:
new text end

new text begin (1) The executive committee shall have the power to act on behalf of the commission
according to the terms of this compact.
new text end

new text begin (2) The executive committee shall be composed of nine members:
new text end

new text begin (i) seven voting members who are elected by the commission from the current
membership of the commission;
new text end

new text begin (ii) one ex-officio, nonvoting member from a recognized national occupational therapy
professional association; and
new text end

new text begin (iii) one ex-officio, nonvoting member from a recognized national occupational therapy
certification organization.
new text end

new text begin (3) The ex-officio members will be selected by their respective organizations.
new text end

new text begin (4) The commission may remove any member of the executive committee as provided
in the bylaws.
new text end

new text begin (5) The executive committee shall meet at least annually.
new text end

new text begin (6) The executive committee shall have the following duties and responsibilities:
new text end

new text begin (i) recommend to the entire commission changes to the rules or bylaws, changes to this
compact legislation, fees paid by compact member states such as annual dues, and any
commission compact fee charged to licensees for the compact privilege;
new text end

new text begin (ii) ensure compact administration services are appropriately provided, contractual or
otherwise;
new text end

new text begin (iii) prepare and recommend the budget;
new text end

new text begin (iv) maintain financial records on behalf of the commission;
new text end

new text begin (v) monitor compact compliance of member states and provide compliance reports to
the commission;
new text end

new text begin (vi) establish additional committees as necessary; and
new text end

new text begin (vii) perform other duties as provided in rules or bylaws.
new text end

new text begin (E) Meetings of the Commission:
new text end

new text begin (1) All meetings shall be open to the public, and public notice of meetings shall be given
in the same manner as required under the rulemaking provisions in Article 10.
new text end

new text begin (2) The commission or the executive committee or other committees of the commission
may convene in a closed, nonpublic meeting if the commission or executive committee or
other committees of the commission must discuss:
new text end

new text begin (i) noncompliance of a member state with its obligations under the compact;
new text end

new text begin (ii) the employment, compensation, discipline, or other matters, practices, or procedures
related to specific employees or other matters related to the commission's internal personnel
practices and procedures;
new text end

new text begin (iii) current, threatened, or reasonably anticipated litigation;
new text end

new text begin (iv) negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
new text end

new text begin (v) accusing any person of a crime or formally censuring any person;
new text end

new text begin (vi) disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
new text end

new text begin (vii) disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
new text end

new text begin (viii) disclosure of investigative records compiled for law enforcement purposes;
new text end

new text begin (ix) disclosure of information related to any investigative reports prepared by or on
behalf of or for use of the commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to the compact; or
new text end

new text begin (x) matters specifically exempted from disclosure by federal or member state statute.
new text end

new text begin (3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be closed and
shall reference each relevant exempting provision.
new text end

new text begin (4) The commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions taken, and
the reasons therefore, including a description of the views expressed. All documents
considered in connection with an action shall be identified in such minutes. All minutes and
documents of a closed meeting shall remain under seal, subject to release by a majority vote
of the commission or order of a court of competent jurisdiction.
new text end

new text begin (F) Financing of the Commission:
new text end

new text begin (1) The commission shall pay, or provide for the payment of, the reasonable expenses
of its establishment, organization, and ongoing activities.
new text end

new text begin (2) The commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services.
new text end

new text begin (3) The commission may levy on and collect an annual assessment from each member
state or impose fees on other parties to cover the cost of the operations and activities of the
commission and its staff, which must be in a total amount sufficient to cover its annual
budget as approved by the commission each year for which revenue is not provided by other
sources. The aggregate annual assessment amount shall be allocated based upon a formula
to be determined by the commission, which shall promulgate a rule binding upon all member
states.
new text end

new text begin (4) The commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the commission pledge the credit of any of the member
states, except by and with the authority of the member state.
new text end

new text begin (5) The commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of funds
handled by the commission shall be audited yearly by a certified or licensed public
accountant, and the report of the audit shall be included in and become part of the annual
report of the commission.
new text end

new text begin (G) Qualified Immunity, Defense, and Indemnification:
new text end

new text begin (1) The members, officers, executive director, employees, and representatives of the
commission shall be immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or other civil
liability caused by or arising out of any actual or alleged act, error, or omission that occurred,
or that the person against whom the claim is made had a reasonable basis for believing
occurred within the scope of commission employment, duties, or responsibilities; provided
that nothing in this paragraph shall be construed to protect any such person from suit or
liability for any damage, loss, injury, or liability caused by the intentional or willful or
wanton misconduct of that person.
new text end

new text begin (2) The commission shall defend any member, officer, executive director, employee, or
representative of the commission in any civil action seeking to impose liability arising out
of any actual or alleged act, error, or omission that occurred within the scope of commission
employment, duties, or responsibilities, or that the person against whom the claim is made
had a reasonable basis for believing occurred within the scope of commission employment,
duties, or responsibilities; provided that nothing herein shall be construed to prohibit that
person from retaining their own counsel; and provided further, that the actual or alleged
act, error, or omission did not result from that person's intentional or willful or wanton
misconduct.
new text end

new text begin (3) The commission shall indemnify and hold harmless any member, officer, executive
director, employee, or representative of the commission for the amount of any settlement
or judgment obtained against that person arising out of any actual or alleged act, error, or
omission that occurred within the scope of commission employment, duties, or
responsibilities, or that such person had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities; provided that the actual
or alleged act, error, or omission did not result from the intentional or willful or wanton
misconduct of that person.
new text end

new text begin ARTICLE 9. DATA SYSTEM
new text end

new text begin (A) The commission shall provide for the development, maintenance, and utilization of
a coordinated database and reporting system containing licensure, adverse action, and
investigative information on all licensed individuals in member states.
new text end

new text begin (B) A member state shall submit a uniform data set to the data system on all individuals
to whom this compact is applicable, utilizing a unique identifier, as required by the rules
of the commission, including:
new text end

new text begin (1) identifying information;
new text end

new text begin (2) licensure data;
new text end

new text begin (3) adverse actions against a license or compact privilege;
new text end

new text begin (4) nonconfidential information related to alternative program participation;
new text end

new text begin (5) any denial of application for licensure and the reason or reasons for such denial;
new text end

new text begin (6) other information that may facilitate the administration of this compact, as determined
by the rules of the commission; and
new text end

new text begin (7) current significant investigative information.
new text end

new text begin (C) Current significant investigative information and other investigative information
pertaining to a licensee in any member state will only be available to other member states.
new text end

new text begin (D) The commission shall promptly notify all member states of any adverse action taken
against a licensee or an individual applying for a license. Adverse action information
pertaining to a licensee in any member state will be available to any other member state.
new text end

new text begin (E) Member states contributing information to the data system may designate information
that may not be shared with the public without the express permission of the contributing
state.
new text end

new text begin (F) Any information submitted to the data system that is subsequently required to be
expunged by the laws of the member state contributing the information shall be removed
from the data system.
new text end

new text begin ARTICLE 10. RULEMAKING
new text end

new text begin (A) The commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this Article and the rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment.
new text end

new text begin (B) The commission shall promulgate reasonable rules in order to effectively and
efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event
the commission exercises its rulemaking authority in a manner that is beyond the scope of
the purposes of the compact, or the powers granted hereunder, then such an action by the
commission shall be invalid and have no force and effect.
new text end

new text begin (C) If a majority of the legislatures of the member states rejects a rule, by enactment of
a statute or resolution in the same manner used to adopt the compact within four years of
the date of adoption of the rule, then such rule shall have no further force and effect in any
member state.
new text end

new text begin (D) Rules or amendments to the rules shall be adopted at a regular or special meeting
of the commission.
new text end

new text begin (E) Prior to promulgation and adoption of a final rule or rules by the commission, and
at least 30 days in advance of the meeting at which the rule will be considered and voted
upon, the commission shall file a notice of proposed rulemaking:
new text end

new text begin (1) on the website of the commission or other publicly accessible platform; and
new text end

new text begin (2) on the website of each member state occupational therapy licensing board or other
publicly accessible platform or the publication in which each state would otherwise publish
proposed rules.
new text end

new text begin (F) The notice of proposed rulemaking shall include:
new text end

new text begin (1) the proposed time, date, and location of the meeting in which the rule will be
considered and voted upon;
new text end

new text begin (2) the text of the proposed rule or amendment and the reason for the proposed rule;
new text end

new text begin (3) a request for comments on the proposed rule from any interested person; and
new text end

new text begin (4) the manner in which interested persons may submit notice to the commission of their
intention to attend the public hearing and any written comments.
new text end

new text begin (G) Prior to adoption of a proposed rule, the commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the public.
new text end

new text begin (H) The commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment if a hearing is requested by:
new text end

new text begin (1) at least 25 persons;
new text end

new text begin (2) a state or federal governmental subdivision or agency; or
new text end

new text begin (3) an association or organization having at least 25 members.
new text end

new text begin (I) If a hearing is held on the proposed rule or amendment, the commission shall publish
the place, time, and date of the scheduled public hearing. If the hearing is held via electronic
means, the commission shall publish the mechanism for access to the electronic hearing:
new text end

new text begin (1) All persons wishing to be heard at the hearing shall notify the executive director of
the commission or other designated member in writing of their desire to appear and testify
at the hearing not less than five business days before the scheduled date of the hearing.
new text end

new text begin (2) Hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.
new text end

new text begin (3) All hearings will be recorded. A copy of the recording will be made available on
request.
new text end

new text begin (4) Nothing in this Article shall be construed as requiring a separate hearing on each
rule. Rules may be grouped for the convenience of the commission at hearings required by
this Article.
new text end

new text begin (J) Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the commission shall consider all written and oral
comments received.
new text end

new text begin (K) If no written notice of intent to attend the public hearing by interested parties is
received, the commission may proceed with promulgation of the proposed rule without a
public hearing.
new text end

new text begin (L) The commission shall, by majority vote of all members, take final action on the
proposed rule and shall determine the effective date of the rule, if any, based on the
rulemaking record and the full text of the rule.
new text end

new text begin (M) Upon determination that an emergency exists, the commission may consider and
adopt an emergency rule without prior notice, opportunity for comment, or hearing; provided
that the usual rulemaking procedures provided in the compact and in this Article shall be
retroactively applied to the rule as soon as reasonably possible, in no event later than 90
days after the effective date of the rule. For the purposes of this provision, an emergency
rule is one that must be adopted immediately in order to:
new text end

new text begin (1) meet an imminent threat to public health, safety, or welfare;
new text end

new text begin (2) prevent a loss of commission or member state funds;
new text end

new text begin (3) meet a deadline for the promulgation of an administrative rule that is established by
federal law or rule; or
new text end

new text begin (4) protect public health and safety.
new text end

new text begin (N) The commission or an authorized committee of the commission may direct revisions
to a previously adopted rule or amendment for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical errors. Public notice of any revisions
shall be posted on the website of the commission. The revision shall be subject to challenge
by any person for a period of 30 days after posting. The revision may be challenged only
on grounds that the revision results in a material change to a rule. A challenge shall be made
in writing and delivered to the chair of the commission prior to the end of the notice period.
If no challenge is made, the revision will take effect without further action. If the revision
is challenged, the revision may not take effect without the approval of the commission.
new text end

new text begin ARTICLE 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
new text end

new text begin (A) Oversight:
new text end

new text begin (1) The executive, legislative, and judicial branches of state government in each member
state shall enforce this compact and take all actions necessary and appropriate to effectuate
the compact's purposes and intent. The provisions of this compact and the rules promulgated
hereunder shall have standing as statutory law.
new text end

new text begin (2) All courts shall take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of this compact
which may affect the powers, responsibilities, or actions of the commission.
new text end

new text begin (3) The commission shall be entitled to receive service of process in any such proceeding,
and shall have standing to intervene in such a proceeding for all purposes. Failure to provide
service of process to the commission shall render a judgment or order void as to the
commission, this compact, or promulgated rules.
new text end

new text begin (B) Default, Technical Assistance, and Termination:
new text end

new text begin (1) If the commission determines that a member state has defaulted in the performance
of its obligations or responsibilities under this compact or the promulgated rules, the
commission shall:
new text end

new text begin (i) provide written notice to the defaulting state and other member states of the nature
of the default, the proposed means of curing the default, or any other action to be taken by
the commission; and
new text end

new text begin (ii) provide remedial training and specific technical assistance regarding the default.
new text end

new text begin (2) If a state in default fails to cure the default, the defaulting state may be terminated
from the compact upon an affirmative vote of a majority of the member states, and all rights,
privileges, and benefits conferred by this compact may be terminated on the effective date
of termination. A cure of the default does not relieve the offending state of obligations or
liabilities incurred during the period of default.
new text end

new text begin (3) Termination of membership in the compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend or terminate
shall be given by the commission to the governor, the majority and minority leaders of the
defaulting state's legislature, and each of the member states.
new text end

new text begin (4) A state that has been terminated is responsible for all assessments, obligations, and
liabilities incurred through the effective date of termination, including obligations that
extend beyond the effective date of termination.
new text end

new text begin (5) The commission shall not bear any costs related to a state that is found to be in default
or that has been terminated from the compact, unless agreed upon in writing between the
commission and the defaulting state.
new text end

new text begin (6) The defaulting state may appeal the action of the commission by petitioning the
United States District Court for the District of Columbia or the federal district where the
commission has its principal offices. The prevailing member shall be awarded all costs of
such litigation, including reasonable attorney fees.
new text end

new text begin (C) Dispute Resolution:
new text end

new text begin (1) Upon request by a member state, the commission shall attempt to resolve disputes
related to the compact that arise among member states and between member and nonmember
states.
new text end

new text begin (2) The commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
new text end

new text begin (D) Enforcement:
new text end

new text begin (1) The commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact.
new text end

new text begin (2) By majority vote, the commission may initiate legal action in the United States
District Court for the District of Columbia or the federal district where the commission has
its principal offices against a member state in default to enforce compliance with the
provisions of the compact and its promulgated rules and bylaws. The relief sought may
include both injunctive relief and damages. In the event that judicial enforcement is necessary,
the prevailing member shall be awarded all costs of such litigation, including reasonable
attorney fees.
new text end

new text begin (3) The remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or state law.
new text end

new text begin ARTICLE 12. DATE OF IMPLEMENTATION OF THE INTERSTATE
COMMISSION FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED
RULES, WITHDRAWAL, AND AMENDMENT
new text end

new text begin (A) The compact shall come into effect on the date on which the compact statute is
enacted into law in the tenth member state. The provisions, which become effective at that
time, shall be limited to the powers granted to the commission relating to assembly and the
promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking
powers necessary to the implementation and administration of the compact.
new text end

new text begin (B) Any state that joins the compact subsequent to the commission's initial adoption of
the rules shall be subject to the rules as they exist on the date on which the compact becomes
law in that state. Any rule that has been previously adopted by the commission shall have
the full force and effect of law on the day the compact becomes law in that state.
new text end

new text begin (C) Any member state may withdraw from this compact by enacting a statute repealing
the same:
new text end

new text begin (1) A member state's withdrawal shall not take effect until six months after enactment
of the repealing statute.
new text end

new text begin (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's
occupational therapy licensing board to comply with the investigative and adverse action
reporting requirements of this act prior to the effective date of withdrawal.
new text end

new text begin (D) Nothing contained in this compact shall be construed to invalidate or prevent any
occupational therapy licensure agreement or other cooperative arrangement between a
member state and a nonmember state that does not conflict with the provisions of this
compact.
new text end

new text begin (E) This compact may be amended by the member states. No amendment to this compact
shall become effective and binding upon any member state until it is enacted into the laws
of all member states.
new text end

new text begin ARTICLE 13. CONSTRUCTION AND SEVERABILITY
new text end

new text begin This compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this compact shall be severable and if any phrase, clause, sentence, or provision
of this compact is declared to be contrary to the constitution of any member state or of the
United States or the applicability thereof to any government, agency, person, or circumstance
is held invalid, the validity of the remainder of this compact and the applicability thereof
to any government, agency, person, or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any member state, the compact shall
remain in full force and effect as to the remaining member states and in full force and effect
as to the member state affected as to all severable matters.
new text end

new text begin ARTICLE 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
new text end

new text begin (A) A licensee providing occupational therapy in a remote state under the compact
privilege shall function within the laws and regulations of the remote state.
new text end

new text begin (B) Nothing herein prevents the enforcement of any other law of a member state that is
not inconsistent with the compact.
new text end

new text begin (C) Any laws in a member state in conflict with the compact are superseded to the extent
of the conflict.
new text end

new text begin (D) Any lawful actions of the commission, including all rules and bylaws promulgated
by the commission, are binding upon the member states.
new text end

new text begin (E) All agreements between the commission and the member states are binding in
accordance with their terms.
new text end

new text begin (F) In the event any provision of the compact exceeds the constitutional limits imposed
on the legislature of any member state, the provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that member state.
new text end