Bill Text: IL HB5270 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Occupational Therapy Licensure Compact Act. Provides that the State of Illinois ratifies and approves the Occupational Therapy Licensure Compact. Provides that the purpose of the Compact is to facilitate interstate practice of Occupational Therapy with the goal of improving public access to Occupational Therapy services, and states that the Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. The Compact contains provisions concerning definitions; state participation in the Compact; Compact privilege; obtaining a new home state license by virtue of Compact privileges; active duty military personnel and their spouses; adverse actions; establishment of the Occupational Therapy Compact Commission; a data system; rulemaking; oversight, dispute resolution, and enforcement; date of implementation of the Interstate Commission for Occupational Therapy Practice and associated rules, withdrawal, and amendment; construction and severability; and the binding effect of the Compact and other laws.

Spectrum: Moderate Partisan Bill (Democrat 17-4)

Status: (Introduced) 2024-04-16 - Added Co-Sponsor Rep. Sharon Chung [HB5270 Detail]

Download: Illinois-2023-HB5270-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5270 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
New Act
Creates the Occupational Therapy Licensure Compact Act. Provides that the State of Illinois ratifies and approves the Occupational Therapy Licensure Compact. Provides that the purpose of the Compact is to facilitate interstate practice of Occupational Therapy with the goal of improving public access to Occupational Therapy services, and states that the Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. The Compact contains provisions concerning definitions; state participation in the Compact; Compact privilege; obtaining a new home state license by virtue of Compact privileges; active duty military personnel and their spouses; adverse actions; establishment of the Occupational Therapy Compact Commission; a data system; rulemaking; oversight, dispute resolution, and enforcement; date of implementation of the Interstate Commission for Occupational Therapy Practice and associated rules, withdrawal, and amendment; construction and severability; and the binding effect of the Compact and other laws.
LRB103 37472 AWJ 67595 b
A BILL FOR
HB5270 LRB103 37472 AWJ 67595 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Occupational Therapy Licensure Compact Act.
Section 5. Occupational Therapy Licensure Compact. The
State of Illinois ratifies and approves the following Compact:
OCCUPATIONAL THERAPY LICENSURE COMPACT
SECTION 1. PURPOSE
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/client is located at the time of the patient/client
encounter. The Compact preserves the regulatory authority of
States to protect public health and safety through the current
system of State licensure.
This Compact is designed to achieve the following objectives:
A. Increase public access to Occupational Therapy
services by providing for the mutual recognition of other
Member State licenses;

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B. Enhance the States' ability to protect the public's
health and safety;
C. Encourage the cooperation of Member States in
regulating multi-State Occupational Therapy Practice;
D. Support spouses of relocating military members;
E. Enhance the exchange of licensure, investigative,
and disciplinary information between Member States;
F. Allow a Remote State to hold a provider of services
with a Compact Privilege in that State accountable to that
State's practice standards; and
G. Facilitate the use of Telehealth technology in
order to increase access to Occupational Therapy services.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, the
following definitions shall apply:
A. "Active Duty Military" means full-time duty status in
the active uniformed service of the United States, including
members of the National Guard and Reserve on active duty
orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C.
Chapter 1211.
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

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or Compact Privilege such as censure, revocation, suspension,
probation, monitoring of the Licensee, or restriction on the
Licensee's practice.
C. "Alternative Program" means a non-disciplinary
monitoring process approved by an Occupational Therapy
Licensing Board.
D. "Compact Privilege" means the authorization, which is
equivalent to a license, granted by a Remote State to allow a
Licensee from another Member State to practice as an
Occupational Therapist or practice as an Occupational Therapy
Assistant in the Remote State under its laws and rules. The
Practice of Occupational Therapy occurs in the Member State
where the patient/client is located at the time of the
patient/client encounter.
E. "Continuing Competence/Education" means a requirement,
as a condition of license renewal, to provide evidence of
participation in, and/or completion of, educational and
professional activities relevant to practice or area of work.
F. "Current Significant Investigative Information" means
Investigative Information that a Licensing Board, after an
inquiry or investigation that includes notification and an
opportunity for the Occupational Therapist or Occupational
Therapy Assistant to respond, if required by State law, has
reason to believe is not groundless and, if proved true, would
indicate more than a minor infraction.
G. "Data System" means a repository of information about

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Licensees, including but not limited to license status,
Investigative Information, Compact Privileges, and Adverse
Actions.
H. "Encumbered License" means a license in which an
Adverse Action restricts the Practice of Occupational Therapy
by the Licensee or said Adverse Action has been reported to the
National Practitioner Data Bank (NPDB).
I. "Executive Committee" means a group of directors
elected or appointed to act on behalf of, and within the powers
granted to them by, the Commission.
J. "Home State" means the Member State that is the
Licensee's Primary State of Residence.
K. "Impaired Practitioner" means individuals whose
professional practice is adversely affected by substance
abuse, addiction, or other health-related conditions.
L. "Investigative Information" means information, records,
and/or documents received or generated by an Occupational
Therapy Licensing Board pursuant to an investigation.
M. "Jurisprudence Requirement" means the assessment of an
individual's knowledge of the laws and rules governing the
Practice of Occupational Therapy in a State.
N. "Licensee" means an individual who currently holds an
authorization from the State to practice as an Occupational
Therapist or as an Occupational Therapy Assistant.
O. "Member State" means a State that has enacted the
Compact.

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P. "Occupational Therapist" means an individual who is
licensed by a State to practice Occupational Therapy.
Q. "Occupational Therapy Assistant" means an individual
who is licensed by a State to assist in the Practice of
Occupational Therapy.
R. "Occupational Therapy," "Occupational Therapy
Practice," and the "Practice of Occupational Therapy" mean the
care and services provided by an Occupational Therapist or an
Occupational Therapy Assistant as set forth in the Member
State's statutes and regulations.
S. "Occupational Therapy Compact Commission" or
"Commission" means the national administrative body whose
membership consists of all States that have enacted the
Compact.
T. "Occupational Therapy Licensing Board" or "Licensing
Board" means the agency of a State that is authorized to
license and regulate Occupational Therapists and Occupational
Therapy Assistants.
U. "Primary State of Residence" means the state (also
known as the Home State) in which an Occupational Therapist or
Occupational Therapy Assistant who is not Active Duty Military
declares a primary residence for legal purposes as verified
by: driver's license, federal income tax return, lease, deed,
mortgage or voter registration or other verifying
documentation as further defined by Commission Rules.
V. "Remote State" means a Member State other than the Home

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State, where a Licensee is exercising or seeking to exercise
the Compact Privilege.
W. "Rule" means a regulation promulgated by the Commission
that has the force of law.
X. "State" means any state, commonwealth, district, or
territory of the United States of America that regulates the
Practice of Occupational Therapy.
Y. "Single-State License" means an Occupational Therapist
or Occupational Therapy Assistant license issued by a Member
State that authorizes practice only within the issuing State
and does not include a Compact Privilege in any other Member
State.
Z. "Telehealth" means the application of telecommunication
technology to deliver Occupational Therapy services for
assessment, intervention and/or consultation.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To participate in the Compact, a Member State shall:
1. License Occupational Therapists and Occupational
Therapy Assistants
2. Participate fully in the Commission's Data System,
including but not limited to using the Commission's unique
identifier as defined in Rules of the Commission;
3. Have a mechanism in place for receiving and
investigating complaints about Licensees;
4. Notify the Commission, in compliance with the terms

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of the Compact and Rules, of any Adverse Action or the
availability of Investigative Information regarding a
Licensee;
5. Implement or utilize procedures for considering the
criminal history records of applicants for an initial
Compact Privilege. These procedures shall include the
submission of fingerprints or other biometric-based
information by applicants for the purpose of obtaining an
applicant's criminal history record information from the
Federal Bureau of Investigation and the agency responsible
for retaining that State's criminal records;
a. A Member State shall, within a time frame
established by the Commission, require a criminal
background check for a Licensee seeking/applying for a
Compact Privilege whose Primary State of Residence is
that Member State, by receiving the results of the
Federal Bureau of Investigation criminal record
search, and shall use the results in making licensure
decisions.
b. Communication between a Member State, the
Commission and among Member States regarding the
verification of eligibility for licensure through the
Compact shall not include any information received
from the Federal Bureau of Investigation relating to a
federal criminal records check performed by a Member
State under Public Law 92-544.

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6. Comply with the Rules of the Commission;
7. Utilize only a recognized national examination as a
requirement for licensure pursuant to the Rules of the
Commission; and
8. Have Continuing Competence/Education requirements
as a condition for license renewal.
B. A Member State shall grant the Compact Privilege to a
Licensee holding a valid unencumbered license in another
Member State in accordance with the terms of the Compact and
Rules.
C. Member States may charge a fee for granting a Compact
Privilege.
D. A Member State shall provide for the State's delegate
to attend all Occupational Therapy Compact Commission
meetings.
E. Individuals not residing in a Member State shall
continue to be able to apply for a Member State's Single-State
License as provided under the laws of each Member State.
However, the Single-State License granted to these individuals
shall not be recognized as granting the Compact Privilege in
any other Member State.
F. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a
Single-State License.
SECTION 4. COMPACT PRIVILEGE

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A. To exercise the Compact Privilege under the terms and
provisions of the Compact, the Licensee shall:
1. Hold a license in the Home State;
2. Have a valid United States Social Security Number
or National Practitioner Identification number;
3. Have no encumbrance on any State license;
4. Be eligible for a Compact Privilege in any Member
State in accordance with Section 4D, F, G, and H;
5. Have paid all fines and completed all requirements
resulting from any Adverse Action against any license or
Compact Privilege, and two years have elapsed from the
date of such completion;
6. Notify the Commission that the Licensee is seeking
the Compact Privilege within a Remote State(s);
7. Pay any applicable fees, including any State fee,
for the Compact Privilege;
8. Complete a criminal background check in accordance
with Section 3A(5);
a. The Licensee shall be responsible for the
payment of any fee associated with the completion of a
criminal background check.
9. Meet any Jurisprudence Requirements established by
the Remote State(s) in which the Licensee is seeking a
Compact Privilege; and
10. Report to the Commission Adverse Action taken by
any non-Member State within 30 days from the date the

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Adverse Action is taken.
B. The Compact Privilege is valid until the expiration
date of the Home State license. The Licensee must comply with
the requirements of Section 4A to maintain the Compact
Privilege in the Remote State.
C. A Licensee providing Occupational Therapy in a Remote
State under the Compact Privilege shall function within the
laws and regulations of the Remote State.
D. Occupational Therapy Assistants practicing in a Remote
State shall be supervised by an Occupational Therapist
licensed or holding a Compact Privilege in that Remote State.
E. A Licensee providing Occupational Therapy in a Remote
State is subject to that State's regulatory authority. A
Remote State may, in accordance with due process and that
State's laws, remove a Licensee's Compact Privilege in the
Remote State for a specific period of time, impose fines,
and/or take any other necessary actions to protect the health
and safety of its citizens. The Licensee may be ineligible for
a Compact Privilege in any State until the specific time for
removal has passed and all fines are paid.
F. If a Home State license is encumbered, the Licensee
shall lose the Compact Privilege in any Remote State until the
following occur:
1. The Home State license is no longer encumbered; and
2. Two years have elapsed from the date on which the
Home State license is no longer encumbered in accordance

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with Section 4(F)(1).
G. Once an Encumbered License in the Home State is
restored to good standing, the Licensee must meet the
requirements of Section 4A to obtain a Compact Privilege in
any Remote State.
H. If a Licensee's Compact Privilege in any Remote State
is removed, the individual may lose the Compact Privilege in
any other Remote State until the following occur:
1. The specific period of time for which the Compact
Privilege was removed has ended;
2. All fines have been paid and all conditions have
been met;
3. Two years have elapsed from the date of completing
requirements for 4(H)(1) and (2); and
4. The Compact Privileges are reinstated by the
Commission, and the compact Data System is updated to
reflect reinstatement.
I. If a Licensee's Compact Privilege in any Remote State
is removed due to an erroneous charge, privileges shall be
restored through the compact Data System.
J. Once the requirements of Section 4H have been met, the
Licensee must meet the requirements in Section 4A to obtain a
Compact Privilege in a Remote State.
SECTION 5. OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF
COMPACT PRIVILEGE

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A. An Occupational Therapist or Occupational Therapy
Assistant may hold a Home State license, which allows for
Compact Privileges in Member States, in only one Member State
at a time.
B. If an Occupational Therapist or Occupational Therapy
Assistant changes Primary State of Residence by moving between
two Member States:
1. The Occupational Therapist or Occupational Therapy
Assistant shall file an application for obtaining a new
Home State license by virtue of a Compact Privilege, pay
all applicable fees, and notify the current and new Home
State in accordance with applicable Rules adopted by the
Commission.
2. Upon receipt of an application for obtaining a new
Home State license by virtue of compact privilege, the new
Home State shall verify that the Occupational Therapist or
Occupational Therapy Assistant meets the pertinent
criteria outlined in Section 4 via the Data System,
without need for primary source verification except for:
a. an FBI fingerprint based criminal background
check if not previously performed or updated pursuant
to applicable Rules adopted by the Commission in
accordance with Public Law 92-544;
b. other criminal background check as required by
the new Home State; and
c. submission of any requisite Jurisprudence

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Requirements of the new Home State.
3. The former Home State shall convert the former Home
State license into a Compact Privilege once the new Home
State has activated the new Home State license in
accordance with applicable Rules adopted by the
Commission.
4. Notwithstanding any other provision of this
Compact, if the Occupational Therapist or Occupational
Therapy Assistant cannot meet the criteria in Section 4,
the new Home State shall apply its requirements for
issuing a new Single-State License.
5. The Occupational Therapist or the Occupational
Therapy Assistant shall pay all applicable fees to the new
Home State in order to be issued a new Home State license.
C. If an Occupational Therapist or Occupational Therapy
Assistant changes Primary State of Residence by moving from a
Member State to a non-Member State, or from a non-Member State
to a Member State, the State criteria shall apply for issuance
of a Single-State License in the new State.
D. Nothing in this compact shall interfere with a
Licensee's ability to hold a Single-State License in multiple
States; however, for the purposes of this compact, a Licensee
shall have only one Home State license.
E. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a
Single-State License.

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SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
A. Active Duty Military personnel, or their spouses, shall
designate a Home State where the individual has a current
license in good standing. The individual may retain the Home
State designation during the period the service member is on
active duty. Subsequent to designating a Home State, the
individual shall only change their Home State through
application for licensure in the new State or through the
process described in Section 5.
SECTION 7. ADVERSE ACTIONS
A. A Home State shall have exclusive power to impose
Adverse Action against an Occupational Therapist's or
Occupational Therapy Assistant's license issued by the Home
State.
B. In addition to the other powers conferred by State law,
a Remote State shall have the authority, in accordance with
existing State due process law, to:
1. Take Adverse Action against an Occupational
Therapist's or Occupational Therapy Assistant's Compact
Privilege within that Member State.
2. Issue subpoenas for both hearings and
investigations that require the attendance and testimony
of witnesses as well as the production of evidence.
Subpoenas issued by a Licensing Board in a Member State

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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 it. The issuing authority shall pay any
witness fees, travel expenses, mileage and other fees
required by the service statutes of the State in which the
witnesses or evidence are located.
C. For purposes of taking Adverse Action, the Home State
shall give the same priority and effect to reported conduct
received from a Member State as it would if the conduct had
occurred within the Home State. In so doing, the Home State
shall apply its own State laws to determine appropriate
action.
D. The Home State shall complete any pending
investigations of an Occupational Therapist or Occupational
Therapy Assistant who changes Primary State of Residence
during the course of the investigations. The Home State, where
the investigations were initiated, shall also have the
authority to take appropriate action(s) and shall promptly
report the conclusions of the investigations to the OT Compact
Commission Data System. The Occupational Therapy Compact
Commission Data System administrator shall promptly notify the
new Home State of any Adverse Actions.
E. A Member State, if otherwise permitted by State law,

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may recover from the affected Occupational Therapist or
Occupational Therapy Assistant the costs of investigations and
disposition of cases resulting from any Adverse Action taken
against that Occupational Therapist or Occupational Therapy
Assistant.
F. A Member State may take Adverse Action based on the
factual findings of the Remote State, provided that the Member
State follows its own procedures for taking the Adverse
Action.
G. Joint Investigations
1. In addition to the authority granted to a Member
State by its respective State Occupational Therapy laws
and regulations or other applicable State law, any Member
State may participate with other Member States in joint
investigations of Licensees.
2. Member States shall share any investigative,
litigation, or compliance materials in furtherance of any
joint or individual investigation initiated under the
Compact.
H. If an Adverse Action is taken by the Home State against
an Occupational Therapist's or Occupational Therapy
Assistant's license, the Occupational Therapist's or
Occupational Therapy Assistant's Compact Privilege in all
other Member States shall be deactivated until all
encumbrances have been removed from the State license. All
Home State disciplinary orders that impose Adverse Action

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against an Occupational Therapist's or Occupational Therapy
Assistant's license shall include a Statement that the
Occupational Therapist's or Occupational Therapy Assistant's
Compact Privilege is deactivated in all Member States during
the pendency of the order.
I. If a Member State takes Adverse Action, it shall
promptly notify the administrator of the Data System. The
administrator of the Data System shall promptly notify the
Home State of any Adverse Actions by Remote States.
J. Nothing in this Compact shall override a Member State's
decision that participation in an Alternative Program may be
used in lieu of Adverse Action.
SECTION 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT
COMMISSION
A. The Compact Member States hereby create and establish a
joint public agency known as the Occupational Therapy Compact
Commission:
1. The Commission is an instrumentality of the Compact
States.
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

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alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a
waiver of sovereign immunity.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one
(1) delegate selected by that Member State's Licensing
Board.
2. The delegate shall be either:
a. A current member of the Licensing Board, who is
an Occupational Therapist, Occupational Therapy
Assistant, or public member; or
b. An administrator of the Licensing Board.
3. Any delegate may be removed or suspended from
office as provided by the law of the State from which the
delegate is appointed.
4. The Member State board shall fill any vacancy
occurring in the Commission within 90 days.
5. Each delegate shall be entitled to one (1) vote
with regard to the promulgation of Rules and creation of
bylaws and shall otherwise have an opportunity to
participate in the business and affairs of the Commission.
A delegate shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for
delegates' participation in meetings by telephone or other
means of communication.
6. The Commission shall meet at least once during each

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calendar year. Additional meetings shall be held as set
forth in the bylaws.
7. The Commission shall establish by Rule a term of
office for delegates.
C. The Commission shall have the following powers and
duties:
1. Establish a Code of Ethics for the Commission;
2. Establish the fiscal year of the Commission;
3. Establish bylaws;
4. Maintain its financial records in accordance with
the bylaws;
5. Meet and take such actions as are consistent with
the provisions of this Compact and the bylaws;
6. Promulgate uniform Rules to facilitate and
coordinate implementation and administration of this
Compact. The Rules shall have the force and effect of law
and shall be binding in all Member States;
7. Bring and prosecute legal proceedings or actions in
the name of the Commission, provided that the standing of
any State Occupational Therapy Licensing Board to sue or
be sued under applicable law shall not be affected;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of
personnel, including, but not limited to, employees of a
Member State;
10. Hire employees, elect or appoint officers, fix

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compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of the
Compact, and establish the Commission's personnel policies
and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel
matters;
11. Accept any and all appropriate donations and
grants of money, equipment, supplies, materials and
services, and receive, utilize and dispose of the same;
provided that at all times the Commission shall avoid any
appearance of impropriety and/or conflict of interest;
12. Lease, purchase, accept appropriate gifts or
donations of, or otherwise own, hold, improve or use, any
property, real, personal or mixed; provided that at all
times the Commission shall avoid any appearance of
impropriety;
13. Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real,
personal, or mixed;
14. Establish a budget and make expenditures;
15. Borrow money;
16. Appoint committees, including standing committees
composed of members, State regulators, State legislators
or their representatives, and consumer representatives,
and such other interested persons as may be designated in
this Compact and the bylaws;

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17. Provide and receive information from, and
cooperate with, law enforcement agencies;
18. Establish and elect an Executive Committee; and
19. Perform such other functions as may be necessary
or appropriate to achieve the purposes of this Compact
consistent with the State regulation of Occupational
Therapy licensure and practice.
D. The Executive Committee
The Executive Committee shall have the power to act on
behalf of the Commission according to the terms of this
Compact.
1. The Executive Committee shall be composed of nine
members:
a. Seven voting members who are elected by the
Commission from the current membership of the
Commission;
b. One ex-officio, nonvoting member from a
recognized national Occupational Therapy professional
association; and
c. One ex-officio, nonvoting member from a
recognized national Occupational Therapy certification
organization.
2. The ex-officio members will be selected by their
respective organizations.
3. The Commission may remove any member of the
Executive Committee as provided in bylaws.

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4. The Executive Committee shall meet at least
annually.
5. The Executive Committee shall have the following
Duties and responsibilities:
a. Recommend to the entire Commission changes to
the Rules or bylaws, changes to this Compact
legislation, fees paid by Compact Member States such
as annual dues, and any Commission Compact fee charged
to Licensees for the Compact Privilege;
b. Ensure Compact administration services are
appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the
Commission;
e. Monitor Compact compliance of Member States and
provide compliance reports to the Commission;
f. Establish additional committees as necessary;
and
g. Perform other duties as provided in Rules or
bylaws.
E. Meetings of the Commission
1. All meetings shall be open to the public, and
public notice of meetings shall be given in the same
manner as required under the Rulemaking provisions in
Section 10.
2. The Commission or the Executive Committee or other

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committees of the Commission may convene in a closed,
non-public meeting if the Commission or Executive
Committee or other committees of the Commission must
discuss:
a. Non-compliance of a Member State with its
obligations under the Compact;
b. The employment, compensation, discipline or
other matters, practices or procedures related to
specific employees or other matters related to the
Commission's internal personnel practices and
procedures;
c. Current, threatened, or reasonably anticipated
litigation;
d. Negotiation of contracts for the purchase,
lease, or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally
censuring any person;
f. Disclosure of trade secrets or commercial or
financial information that is privileged or
confidential;
g. Disclosure of information of a personal nature
where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled
for law enforcement purposes;
i. Disclosure of information related to any

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investigative reports prepared by or on behalf of or
for use of the Commission or other committee charged
with responsibility of investigation or determination
of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure
by federal or Member State statute.
3. If a meeting, or portion of a meeting, is closed
pursuant to this provision, the Commission's legal counsel
or designee shall certify that the meeting may be closed
and shall reference each relevant exempting provision.
4. The Commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and
shall provide a full and accurate summary of actions
taken, and the reasons therefore, including a description
of the views expressed. All documents considered in
connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting
shall remain under seal, subject to release by a majority
vote of the Commission or order of a court of competent
jurisdiction.
F. Financing of the Commission
1. The Commission shall pay, or provide for the
payment of, the reasonable expenses of its establishment,
organization, and ongoing activities.
2. The Commission may accept any and all appropriate
revenue sources, donations, and grants of money,

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equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual
assessment from each Member State or impose fees on other
parties to cover the cost of the operations and activities
of the Commission and its staff, which must be in a total
amount sufficient to cover its annual budget as approved
by the Commission each year for which revenue is not
provided by other sources. The aggregate annual assessment
amount shall be allocated based upon a formula to be
determined by the Commission, which shall promulgate a
Rule binding upon all Member States.
4. The Commission shall not incur obligations of any
kind prior to securing the funds adequate to meet the
same; nor shall the Commission pledge the credit of any of
the Member States, except by and with the authority of the
Member State.
5. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements
of the Commission shall be subject to the audit and
accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled
by the Commission shall be audited yearly by a certified
or licensed public accountant, and the report of the audit
shall be included in and become part of the annual report
of the Commission.
G. Qualified Immunity, Defense, and Indemnification

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1. The members, officers, executive director,
employees and representatives of the Commission shall be
immune from suit and liability, either personally or in
their official capacity, for any claim for damage to or
loss of property or personal injury or other civil
liability caused by or arising out of any actual or
alleged act, error or omission that occurred, or that the
person against whom the claim is made had a reasonable
basis for believing occurred within the scope of
Commission employment, duties or responsibilities;
provided that nothing in this paragraph shall be construed
to protect any such person from suit and/or liability for
any damage, loss, injury, or liability caused by the
intentional or willful or wanton misconduct of that
person.
2. The Commission shall defend any member, officer,
executive director, employee, or representative of the
Commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or
omission that occurred within the scope of Commission
employment, duties, or responsibilities, or that the
person against whom the claim is made had a reasonable
basis for believing occurred within the scope of
Commission employment, duties, or responsibilities;
provided that nothing herein shall be construed to
prohibit that person from retaining his or her own

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counsel; and provided further, that the actual or alleged
act, error, or omission did not result from that person's
intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless
any member, officer, executive director, employee, or
representative of the Commission for the amount of any
settlement or judgment obtained against that person
arising out of any actual or alleged act, error or
omission that occurred within the scope of Commission
employment, duties, or responsibilities, or that such
person had a reasonable basis for believing occurred
within the scope of Commission employment, duties, or
responsibilities, provided that the actual or alleged act,
error, or omission did not result from the intentional or
willful or wanton misconduct of that person.
SECTION 9. DATA SYSTEM
A. The Commission shall provide for the development,
maintenance, and utilization of a coordinated database and
reporting system containing licensure, Adverse Action, and
Investigative Information on all licensed individuals in
Member States.
B. A Member State shall submit a uniform data set to the
Data System on all individuals to whom this Compact is
applicable (utilizing a unique identifier) as required by the
Rules of the Commission, including:

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1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license or Compact
Privilege;
4. Non-confidential information related to Alternative
Program participation;
5. Any denial of application for licensure, and the
reason(s) for such denial;
6. Other information that may facilitate the
administration of this Compact, as determined by the Rules
of the Commission; and
7. Current Significant Investigative Information.
C. Current Significant Investigative Information and other
Investigative Information pertaining to a Licensee in any
Member State will only be available to other Member States.
D. The Commission shall promptly notify all Member States
of any Adverse Action taken against a Licensee or an
individual applying for a license. Adverse Action information
pertaining to a Licensee in any Member State will be available
to any other Member State.
E. Member States contributing information to the Data
System may designate information that may not be shared with
the public without the express permission of the contributing
State.
F. Any information submitted to the Data System that is
subsequently required to be expunged by the laws of the Member

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State contributing the information shall be removed from the
Data System.
SECTION 10. RULEMAKING
A. The Commission shall exercise its Rulemaking powers
pursuant to the criteria set forth in this Section and the
Rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each Rule or amendment.
B. The Commission shall promulgate reasonable rules in
order to effectively and efficiently achieve the purposes of
the Compact. Notwithstanding the foregoing, in the event the
Commission exercises its rulemaking authority in a manner that
is beyond the scope of the purposes of the Compact, or the
powers granted hereunder, then such an action by the
Commission shall be invalid and have no force and effect.
C. If a majority of the legislatures of the Member States
rejects a Rule, by enactment of a statute or resolution in the
same manner used to adopt the Compact within 4 years of the
date of adoption of the Rule, then such Rule shall have no
further force and effect in any Member State.
D. Rules or amendments to the Rules shall be adopted at a
regular or special meeting of the Commission.
E. Prior to promulgation and adoption of a final Rule or
Rules by the Commission, and at least thirty (30) days in
advance of the meeting at which the Rule will be considered and
voted upon, the Commission shall file a Notice of Proposed

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Rulemaking:
1. On the website of the Commission or other publicly
accessible platform; and
2. On the website of each Member State Occupational
Therapy Licensing Board or other publicly accessible
platform or the publication in which each State would
otherwise publish proposed Rules.
F. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the
meeting in which the Rule will be considered and voted
upon;
2. The text of the proposed Rule or amendment and the
reason for the proposed Rule;
3. A request for comments on the proposed Rule from
any interested person; and
4. The manner in which interested persons may submit
notice to the Commission of their intention to attend the
public hearing and any written comments.
G. Prior to adoption of a proposed Rule, the Commission
shall allow persons to submit written data, facts, opinions,
and arguments, which shall be made available to the public.
H. The Commission shall grant an opportunity for a public
hearing before it adopts a Rule or amendment if a hearing is
requested by:
1. At least twenty five (25) persons;
2. A State or federal governmental subdivision or

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agency; or
3. An association or organization having at least
twenty five (25) members.
I. If a hearing is held on the proposed Rule or amendment,
the Commission shall publish the place, time, and date of the
scheduled public hearing. If the hearing is held via
electronic means, the Commission shall publish the mechanism
for access to the electronic hearing.
1. All persons wishing to be heard at the hearing
shall notify the executive director of the Commission or
other designated member in writing of their desire to
appear and testify at the hearing not less than five (5)
business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing
each person who wishes to comment a fair and reasonable
opportunity to comment orally or in writing.
3. All hearings will be recorded. A copy of the
recording will be made available on request.
4. Nothing in this section shall be construed as
requiring a separate hearing on each Rule. Rules may be
grouped for the convenience of the Commission at hearings
required by this section.
J. Following the scheduled hearing date, or by the close
of business on the scheduled hearing date if the hearing was
not held, the Commission shall consider all written and oral
comments received.

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K. If no written notice of intent to attend the public
hearing by interested parties is received, the Commission may
proceed with promulgation of the proposed Rule without a
public hearing.
L. The Commission shall, by majority vote of all members,
take final action on the proposed Rule and shall determine the
effective date of the Rule, if any, based on the Rulemaking
record and the full text of the Rule.
M. Upon determination that an emergency exists, the
Commission may consider and adopt an emergency Rule without
prior notice, opportunity for comment, or hearing, provided
that the usual Rulemaking procedures provided in the Compact
and in this section shall be retroactively applied to the Rule
as soon as reasonably possible, in no event later than ninety
(90) days after the effective date of the Rule. For the
purposes of this provision, an emergency Rule is one that must
be adopted immediately in order to:
1. Meet an imminent threat to public health, safety,
or welfare;
2. Prevent a loss of Commission or Member State funds;
3. Meet a deadline for the promulgation of an
administrative Rule that is established by federal law or
Rule; or
4. Protect public health and safety.
N. The Commission or an authorized committee of the
Commission may direct revisions to a previously adopted Rule

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or amendment for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical
errors. Public notice of any revisions shall be posted on the
website of the Commission. The revision shall be subject to
challenge by any person for a period of thirty (30) days after
posting. The revision may be challenged only on grounds that
the revision results in a material change to a Rule. A
challenge shall be made in writing and delivered to the chair
of the Commission prior to the end of the notice period. If no
challenge is made, the revision will take effect without
further action. If the revision is challenged, the revision
may not take effect without the approval of the Commission.
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive, legislative, and judicial branches
of State government in each Member State shall enforce
this Compact and take all actions necessary and
appropriate to effectuate the Compact's purposes and
intent. The provisions of this Compact and the Rules
promulgated hereunder shall have standing as statutory
law.
2. All courts shall take judicial notice of the
Compact and the Rules in any judicial or administrative
proceeding in a Member State pertaining to the subject
matter of this Compact which may affect the powers,

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responsibilities, or actions of the Commission.
3. The Commission shall be entitled to receive service
of process in any such proceeding, and shall have standing
to intervene in such a proceeding for all purposes.
Failure to provide service of process to the Commission
shall render a judgment or order void as to the
Commission, this Compact, or promulgated Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Member State
has defaulted in the performance of its obligations or
responsibilities under this Compact or the promulgated
Rules, the Commission shall:
a. Provide written notice to the defaulting State
and other Member States of the nature of the default,
the proposed means of curing the default and/or any
other action to be taken by the Commission; and
b. Provide remedial training and specific
technical assistance regarding the default.
2. If a State in default fails to cure the default, the
defaulting State may be terminated from the Compact upon
an affirmative vote of a majority of the Member States,
and all rights, privileges and benefits conferred by this
Compact may be terminated on the effective date of
termination. A cure of the default does not relieve the
offending State of obligations or liabilities incurred
during the period of default.

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3. Termination of membership in the Compact shall be
imposed only after all other means of securing compliance
have been exhausted. Notice of intent to suspend or
terminate shall be given by the Commission to the
governor, the majority and minority leaders of the
defaulting State's legislature, and each of the Member
States.
4. A State that has been terminated is responsible for
all assessments, obligations, and liabilities incurred
through the effective date of termination, including
obligations that extend beyond the effective date of
termination.
5. The Commission shall not bear any costs related to
a State that is found to be in default or that has been
terminated from the Compact, unless agreed upon in writing
between the Commission and the defaulting State.
6. The defaulting State may appeal the action of the
Commission by petitioning the U.S. District Court for the
District of Columbia or the federal district where the
Commission has its principal offices. The prevailing
member shall be awarded all costs of such litigation,
including reasonable attorney's fees.
C. Dispute Resolution
1. Upon request by a Member State, the Commission
shall attempt to resolve disputes related to the Compact
that arise among Member States and between member and

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non-Member States.
2. The Commission shall promulgate a Rule providing
for both mediation and binding dispute resolution for
disputes as appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and Rules of this
Compact.
2. By majority vote, the Commission may initiate legal
action in the United States District Court for the
District of Columbia or the federal district where the
Commission has its principal offices against a Member
State in default to enforce compliance with the provisions
of the Compact and its promulgated Rules and bylaws. The
relief sought may include both injunctive relief and
damages. In the event judicial enforcement is necessary,
the prevailing member shall be awarded all costs of such
litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive
remedies of the Commission. The Commission may pursue any
other remedies available under federal or State law.
SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE
COMMISSION FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED
RULES, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which

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the Compact statute is enacted into law in the tenth Member
State. The provisions, which become effective at that time,
shall be limited to the powers granted to the Commission
relating to assembly and the promulgation of Rules.
Thereafter, the Commission shall meet and exercise Rulemaking
powers necessary to the implementation and administration of
the Compact.
B. Any State that joins the Compact subsequent to the
Commission's initial adoption of the Rules shall be subject to
the Rules as they exist on the date on which the Compact
becomes law in that State. Any Rule that has been previously
adopted by the Commission shall have the full force and effect
of law on the day the Compact becomes law in that State.
C. Any Member State may withdraw from this Compact by
enacting a statute repealing the same.
1. A Member State's withdrawal shall not take effect
until six (6) months after enactment of the repealing
statute.
2. Withdrawal shall not affect the continuing
requirement of the withdrawing State's Occupational
Therapy Licensing Board to comply with the investigative
and Adverse Action reporting requirements of this act
prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to
invalidate or prevent any Occupational Therapy licensure
agreement or other cooperative arrangement between a Member

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State and a non-Member State that does not conflict with the
provisions of this Compact.
E. This Compact may be amended by the Member States. No
amendment to this Compact shall become effective and binding
upon any Member State until it is enacted into the laws of all
Member States.
SECTION 13. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this Compact shall be
severable and if any phrase, clause, sentence or provision of
this Compact is declared to be contrary to the constitution of
any Member State or of the United States or the applicability
thereof to any government, agency, person, or circumstance is
held invalid, the validity of the remainder of this Compact
and the applicability thereof to any government, agency,
person, or circumstance shall not be affected thereby. If this
Compact shall be held contrary to the constitution of any
Member State, the Compact shall remain in full force and
effect as to the remaining Member States and in full force and
effect as to the Member State affected as to all severable
matters.
SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. A Licensee providing Occupational Therapy in a Remote
State under the Compact Privilege shall function within the

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