Bill Text: IA HSB201 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act establishing the occupational therapy licensure compact.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-10 - Subcommittee: Lundgren, Gjerde and Jones. H.J. 371. [HSB201 Detail]
Download: Iowa-2021-HSB201-Introduced.html
House
Study
Bill
201
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
establishing
the
occupational
therapy
licensure
compact.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
NEW
SECTION
.
147E.1
Occupational
therapy
1
licensure
compact.
2
1.
Purpose.
The
purpose
of
this
compact
is
to
facilitate
3
interstate
practice
of
occupational
therapy
with
the
goal
of
4
improving
public
access
to
occupational
therapy
services.
The
5
practice
of
occupational
therapy
occurs
in
the
state
where
6
the
patient
or
client
is
located
at
the
time
of
the
patient
7
or
client
encounter.
The
compact
preserves
the
regulatory
8
authority
of
the
states
to
protect
public
health
and
safety
9
through
the
current
system
of
state
licensure.
This
compact
is
10
designed
to
achieve
the
following
objectives:
11
a.
Increase
public
access
to
occupational
therapy
services
12
by
providing
for
the
mutual
recognition
of
other
member
state
13
licenses.
14
b.
Enhance
the
states’
ability
to
protect
the
public’s
15
health
and
safety.
16
c.
Encourage
the
cooperation
of
member
states
in
regulating
17
multistate
occupational
therapy
practice.
18
d.
Support
spouses
of
relocating
military
members.
19
e.
Enhance
the
exchange
of
licensure,
investigative,
and
20
disciplinary
information
between
member
states.
21
f.
Allow
a
remote
state
to
hold
a
provider
of
services
with
22
a
compact
privilege
in
that
state
accountable
to
that
state’s
23
practice
standards.
24
g.
Facilitate
the
use
of
telehealth
technology
in
order
to
25
increase
access
to
occupational
therapy
services.
26
2.
Definitions.
As
used
in
this
compact,
and
except
as
27
otherwise
provided,
the
following
definitions
shall
apply:
28
a.
“Active
duty
military”
means
full-time
duty
status
in
29
the
active
uniformed
service
of
the
United
States,
including
30
members
of
the
national
guard
and
reserve
on
active
duty
orders
31
pursuant
to
10
U.S.C.
§1209
and
10
U.S.C.
§1211.
32
b.
“Adverse
action”
means
any
administrative,
civil,
33
equitable,
or
criminal
action
permitted
by
a
state’s
laws
which
34
is
imposed
by
a
licensing
board
or
other
authority
against
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an
occupational
therapist
or
occupational
therapy
assistant,
1
including
actions
against
an
individual’s
license
or
compact
2
privilege
such
as
censure,
revocation,
suspension,
probation,
3
monitoring
of
the
licensee,
or
restriction
on
the
licensee’s
4
practice.
5
c.
“Alternative
program”
means
a
nondisciplinary
monitoring
6
process
approved
by
an
occupational
therapy
licensing
board.
7
d.
“Compact
privilege”
means
the
authorization,
which
8
is
equivalent
to
a
license,
granted
by
a
remote
state
to
9
allow
a
licensee
from
another
member
state
to
practice
as
an
10
occupational
therapist
or
practice
as
an
occupational
therapy
11
assistant
in
the
remote
state
under
its
laws
and
rules.
The
12
practice
of
occupational
therapy
occurs
in
the
member
state
13
where
the
patient
or
client
is
located
at
the
time
of
the
14
patient
or
client
encounter.
15
e.
“Continuing
competence
or
education”
means
a
requirement,
16
as
a
condition
of
license
renewal,
to
provide
evidence
17
of
participation
in,
and
completion
of,
educational
and
18
professional
activities
relevant
to
the
practice
or
area
of
19
work.
20
f.
“Current
significant
investigative
information”
means
21
investigative
information
that
a
licensing
board,
after
an
22
inquiry
or
investigation
that
includes
notification
and
an
23
opportunity
for
the
occupational
therapist
or
occupational
24
therapy
assistant
to
respond,
if
required
by
state
law,
has
25
reason
to
believe
is
not
groundless
and,
if
proved
true,
would
26
indicate
more
than
a
minor
infraction.
27
g.
“Data
system”
means
a
repository
of
information
about
28
licensees,
including
but
not
limited
to
license
status,
29
investigative
information,
compact
privileges,
and
adverse
30
actions.
31
h.
“Encumbered
license”
means
a
license
in
which
an
adverse
32
action
restricts
the
practice
of
occupational
therapy
by
the
33
licensee
or
said
adverse
action
has
been
reported
to
the
34
national
practitioners
data
bank.
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i.
“Executive
committee”
means
a
group
of
directors
elected
1
or
appointed
to
act
on
behalf
of,
and
within
the
powers
granted
2
to
them
by,
the
commission.
3
j.
“Home
state”
means
the
member
state
that
is
the
4
licensee’s
primary
state
of
residence.
5
k.
“Impaired
practitioner”
means
individuals
whose
6
professional
practice
is
adversely
affected
by
substance
abuse,
7
addiction,
or
other
health-related
conditions.
8
l.
“Investigative
information”
means
information,
records,
9
or
documents
received
or
generated
by
an
occupational
therapy
10
licensing
board
pursuant
to
an
investigation.
11
m.
“Jurisprudence
requirement”
means
the
assessment
of
an
12
individual’s
knowledge
of
the
laws
and
rules
governing
the
13
practice
of
occupational
therapy
in
a
state.
14
n.
“Licensee”
means
an
individual
who
currently
holds
an
15
authorization
from
the
state
to
practice
as
an
occupational
16
therapist
or
as
an
occupational
therapy
assistant.
17
o.
“Member
state”
means
a
state
that
has
enacted
the
18
compact.
19
p.
“Occupational
therapist”
means
an
individual
who
is
20
licensed
by
a
state
to
practice
occupational
therapy.
21
q.
“Occupational
therapy”
,
“occupational
therapy
practice”
,
22
and
“practice
of
occupational
therapy”
mean
the
care
and
23
services
provided
by
an
occupational
therapist
or
an
24
occupational
therapy
assistant
as
set
forth
in
the
member
25
state’s
statutes
and
regulations.
26
r.
“Occupational
therapy
assistant”
means
an
individual
27
who
is
licensed
by
a
state
to
assist
in
the
practice
of
28
occupational
therapy.
29
s.
“Occupational
therapy
compact
commission”
or
“commission”
30
means
the
national
administrative
body
whose
membership
31
consists
of
all
states
that
have
enacted
the
compact.
32
t.
“Occupational
therapy
licensing
board”
or
“licensing
33
board”
means
the
agency
of
a
state
that
is
authorized
to
license
34
and
regulate
occupational
therapists
and
occupational
therapy
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assistants.
1
u.
“Primary
state
of
residence”
or
“home
state”
means
the
2
state
in
which
an
occupational
therapist
or
occupational
3
therapy
assistant
who
is
not
active
duty
military
declares
a
4
primary
residence
for
legal
purposes
as
verified
by
a
driver’s
5
license,
federal
income
tax
return,
lease,
deed,
mortgage,
6
voter
registration,
or
other
verifying
documentation
as
further
7
defined
by
commission
rules.
8
v.
“Remote
state”
means
a
member
state
other
than
the
home
9
state,
where
a
licensee
is
exercising
or
seeking
to
exercise
10
the
compact
privilege.
11
w.
“Rule”
means
a
regulation
promulgated
by
the
commission
12
that
has
the
force
of
law.
13
x.
“Single-state
license”
means
an
occupational
therapist
or
14
occupational
therapy
assistant
license
issued
by
a
member
state
15
that
authorizes
practice
only
within
the
issuing
state
and
does
16
not
include
a
compact
privilege
in
any
other
member
state.
17
y.
“State”
means
any
state,
commonwealth,
district,
or
18
territory
of
the
United
States
that
regulates
the
practice
of
19
occupational
therapy.
20
z.
“Telehealth”
means
the
application
of
telecommunication
21
technology
to
deliver
occupational
therapy
services
for
22
assessment,
intervention,
or
consultation.
23
3.
State
participation
in
the
compact.
24
a.
To
participate
in
the
compact,
a
member
state
shall
do
25
all
of
the
following:
26
(1)
License
occupational
therapists
and
occupational
27
therapy
assistants.
28
(2)
Participate
fully
in
the
commission’s
data
system,
29
including
but
not
limited
to
using
the
commission’s
unique
30
identifier
as
defined
in
rules
of
the
commission.
31
(3)
Have
a
mechanism
in
place
for
receiving
and
32
investigating
complaints
about
licensees.
33
(4)
Notify
the
commission,
in
compliance
with
the
terms
34
of
the
compact
and
rules,
of
any
adverse
action
or
the
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availability
of
investigative
information
regarding
a
licensee.
1
(5)
Implement
or
utilize
procedures
for
considering
the
2
criminal
history
records
of
applicants
for
an
initial
compact
3
privilege.
These
procedures
shall
include
the
submission
of
4
fingerprints
or
other
biometric-based
information
by
applicants
5
for
the
purpose
of
obtaining
an
applicant’s
criminal
history
6
record
information
from
the
federal
bureau
of
investigation
7
and
the
agency
responsible
for
retaining
that
state’s
criminal
8
records.
9
(a)
A
member
state
shall,
within
a
time
frame
established
10
by
the
commission,
require
a
criminal
background
check
for
a
11
licensee
seeking
or
applying
for
a
compact
privilege
whose
12
primary
state
of
residence
is
that
member
state,
by
receiving
13
the
results
of
the
federal
bureau
of
investigation
criminal
14
record
search,
and
shall
use
the
results
in
making
licensure
15
decisions.
16
(b)
Communication
between
a
member
state,
the
commission,
17
and
among
member
states
regarding
the
verification
of
18
eligibility
for
licensure
through
the
compact
shall
not
19
include
any
information
received
from
the
federal
bureau
of
20
investigation
relating
to
a
federal
criminal
records
check
21
performed
by
a
member
state
under
Pub.
L.
No.
92-544.
22
(6)
Comply
with
the
rules
of
the
commission.
23
(7)
Utilize
only
a
recognized
national
examination
as
24
a
requirement
for
licensure
pursuant
to
the
rules
of
the
25
commission.
26
(8)
Have
continuing
competence
or
education
requirements
as
27
a
condition
for
license
renewal.
28
b.
A
member
state
shall
grant
the
compact
privilege
to
29
a
licensee
holding
a
valid,
unencumbered
license
in
another
30
member
state
in
accordance
with
the
terms
of
the
compact
and
31
rules.
32
c.
A
member
state
may
charge
a
fee
for
granting
a
compact
33
privilege.
34
d.
A
member
state
shall
provide
for
the
state’s
delegate
to
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attend
all
occupational
therapy
compact
commission
meetings.
1
e.
Individuals
not
residing
in
a
member
state
shall
continue
2
to
be
able
to
apply
for
a
member
state’s
single-state
license
3
as
provided
under
the
laws
of
each
member
state.
However,
the
4
single-state
license
granted
to
these
individuals
shall
not
5
be
recognized
as
granting
the
compact
privilege
in
any
other
6
member
state.
7
f.
Nothing
in
this
compact
shall
affect
the
requirements
8
established
by
a
member
state
for
the
issuance
of
a
9
single-state
license.
10
4.
Compact
privilege.
11
a.
To
exercise
the
compact
privilege
under
the
terms
and
12
provisions
of
the
compact,
the
licensee
shall
do
all
of
the
13
following:
14
(1)
Hold
a
license
in
the
home
state.
15
(2)
Have
a
valid
United
States
social
security
number
or
16
national
practitioner
identification
number.
17
(3)
Have
no
encumbrance
on
any
state
license.
18
(4)
Be
eligible
for
a
compact
privilege
in
any
member
state
19
in
accordance
with
paragraphs
“d”
,
“f”
,
“g”
,
and
“h”.
20
(5)
Have
paid
all
fines
and
completed
all
requirements
21
resulting
from
any
adverse
action
against
any
license
or
22
compact
privilege,
and
two
years
have
elapsed
from
the
date
of
23
such
completion.
24
(6)
Notify
the
commission
that
the
licensee
is
seeking
the
25
compact
privilege
within
a
remote
state.
26
(7)
Pay
any
applicable
fees,
including
any
state
fee,
for
27
the
compact
privilege.
28
(8)
Complete
a
criminal
background
check
in
accordance
with
29
subsection
3,
paragraph
“a”
,
subparagraph
(5).
The
licensee
30
shall
be
responsible
for
the
payment
of
any
fee
associated
with
31
the
completion
of
a
criminal
background
check.
32
(9)
Meet
any
jurisprudence
requirements
established
by
33
the
remote
state
in
which
the
licensee
is
seeking
a
compact
34
privilege.
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(10)
Report
to
the
commission
adverse
action
taken
by
any
1
nonmember
state
within
thirty
days
from
the
date
the
adverse
2
action
is
taken.
3
b.
The
compact
privilege
is
valid
until
the
expiration
date
4
of
the
home
state
license.
The
licensee
must
comply
with
the
5
requirements
of
paragraph
“a”
to
maintain
the
compact
privilege
6
in
the
remote
state.
7
c.
A
licensee
providing
occupational
therapy
in
a
remote
8
state
under
the
compact
privilege
shall
function
within
the
9
laws
and
regulations
of
the
remote
state.
10
d.
Occupational
therapy
assistants
practicing
in
a
remote
11
state
shall
be
supervised
by
an
occupational
therapist
licensed
12
or
holding
a
compact
privilege
in
that
remote
state.
13
e.
A
licensee
providing
occupational
therapy
in
a
remote
14
state
is
subject
to
that
state’s
regulatory
authority.
A
15
remote
state
may,
in
accordance
with
due
process
and
that
16
state’s
laws,
remove
a
licensee’s
compact
privilege
in
the
17
remote
state
for
a
specific
period
of
time,
impose
fines,
or
18
take
any
other
necessary
actions
to
protect
the
health
and
19
safety
of
its
citizens.
The
licensee
may
be
ineligible
for
20
a
compact
privilege
in
any
state
until
the
specific
time
for
21
removal
has
passed
and
all
fines
are
paid.
22
f.
If
a
home
state
license
is
encumbered,
the
licensee
shall
23
lose
the
compact
privilege
in
any
remote
state
until
all
of
the
24
following
occur:
25
(1)
The
home
state
license
is
no
longer
encumbered.
26
(2)
Two
years
have
elapsed
from
the
date
on
which
the
27
home
state
license
is
no
longer
encumbered
in
accordance
with
28
subparagraph
(1).
29
g.
Once
an
encumbered
license
in
the
home
state
is
restored
30
to
good
standing,
the
licensee
must
meet
the
requirements
of
31
paragraph
“a”
to
obtain
a
compact
privilege
in
any
remote
state.
32
h.
If
a
licensee’s
compact
privilege
in
any
remote
state
is
33
removed,
the
individual
may
lose
the
compact
privilege
in
any
34
other
remote
state
until
all
of
the
following
occur:
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(1)
The
specific
period
of
time
for
which
the
compact
1
privilege
was
removed
has
ended.
2
(2)
All
fines
have
been
paid
and
all
conditions
have
been
3
met.
4
(3)
Two
years
have
elapsed
from
the
date
of
completing
the
5
requirements
of
subparagraphs
(1)
and
(2).
6
(4)
The
compact
privilege
is
reinstated
by
the
7
commission,
and
the
compact
data
system
is
updated
to
reflect
8
reinstatement.
9
i.
If
a
licensee’s
compact
privilege
in
any
remote
state
10
is
removed
due
to
an
erroneous
charge,
privileges
shall
be
11
restored
through
the
compact
data
system.
12
j.
Once
the
requirements
of
paragraph
“h”
have
been
met,
the
13
licensee
must
meet
the
requirements
of
paragraph
“a”
to
obtain
a
14
compact
privilege
in
a
remote
state.
15
5.
Obtaining
a
new
home
state
license
by
virtue
of
compact
16
privilege.
17
a.
An
occupational
therapist
or
occupational
therapy
18
assistant
may
hold
a
home
state
license,
which
allows
for
19
compact
privileges
in
member
states,
in
only
one
member
state
20
at
a
time.
21
b.
If
an
occupational
therapist
or
occupational
therapy
22
assistant
changes
primary
state
of
residence
by
moving
between
23
two
member
states:
24
(1)
The
occupational
therapist
or
occupational
therapy
25
assistant
shall
file
an
application
for
obtaining
a
new
26
home
state
license
by
virtue
of
a
compact
privilege,
pay
all
27
applicable
fees,
and
notify
the
current
and
new
home
state
in
28
accordance
with
applicable
rules
adopted
by
the
commission.
29
(2)
Upon
receipt
of
an
application
for
obtaining
a
new
30
home
state
license
by
virtue
of
compact
privilege,
the
new
31
home
state
shall
verify
that
the
occupational
therapist
or
32
occupational
therapy
assistant
meets
the
pertinent
criteria
33
outlined
in
subsection
4
via
the
data
system,
without
the
34
need
for
primary
source
verification
except
for
all
of
the
35
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following:
1
(a)
A
federal
bureau
of
investigation
fingerprint-based
2
criminal
background
check
if
not
previously
performed
or
3
updated
pursuant
to
applicable
rules
adopted
by
the
commission
4
in
accordance
with
Pub.
L.
No.
92-544.
5
(b)
Any
other
criminal
background
check
as
required
by
the
6
new
home
state.
7
(c)
Submission
of
any
requisite
jurisprudence
requirements
8
of
the
new
home
state.
9
(3)
The
former
home
state
shall
convert
the
former
home
10
state
license
into
a
compact
privilege
once
the
new
home
state
11
has
activated
the
new
home
state
license
in
accordance
with
12
applicable
rules
adopted
by
the
commission.
13
(4)
Notwithstanding
any
other
provision
of
this
compact,
if
14
the
occupational
therapist
or
occupational
therapy
assistant
15
cannot
meet
the
criteria
in
subsection
4,
the
new
home
state
16
shall
apply
its
requirements
for
issuing
a
new
single-state
17
license.
18
(5)
The
occupational
therapist
or
the
occupational
therapy
19
assistant
shall
pay
all
applicable
fees
to
the
new
home
state
20
in
order
to
be
issued
a
new
home
state
license.
21
c.
If
an
occupational
therapist
or
occupational
therapy
22
assistant
changes
primary
state
of
residence
by
moving
from
a
23
member
state
to
a
nonmember
state,
or
from
a
nonmember
state
to
24
a
member
state,
the
state
criteria
shall
apply
for
issuance
of
25
a
single-state
license
in
the
new
state.
26
d.
Nothing
in
this
compact
shall
interfere
with
a
licensee’s
27
ability
to
hold
a
single-state
license
in
multiple
states;
28
however,
for
the
purposes
of
this
compact,
a
licensee
shall
29
have
only
one
home
state
license.
30
e.
Nothing
in
this
compact
shall
affect
the
requirements
31
established
by
a
member
state
for
the
issuance
of
a
32
single-state
license.
33
6.
Active
duty
military
personnel
or
their
spouses.
Active
34
duty
military
personnel,
or
their
spouses,
shall
designate
a
35
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_____
home
state
where
the
individual
has
a
current
license
in
good
1
standing.
The
individual
may
retain
the
home
state
designation
2
during
the
period
the
service
member
is
on
active
duty.
3
Subsequent
to
designating
a
home
state,
the
individual
shall
4
only
change
their
home
state
through
application
for
licensure
5
in
the
new
state
or
through
the
process
described
in
subsection
6
5.
7
7.
Adverse
actions.
8
a.
A
home
state
shall
have
exclusive
power
to
impose
adverse
9
action
against
an
occupational
therapist’s
or
occupational
10
therapy
assistant’s
license
issued
by
the
home
state.
11
b.
In
addition
to
the
other
powers
conferred
by
state
law,
12
a
remote
state
shall
have
the
authority,
in
accordance
with
13
existing
state
due
process
law,
to
do
all
of
the
following:
14
(1)
Take
adverse
action
against
an
occupational
therapist’s
15
or
occupational
therapy
assistant’s
compact
privilege
within
16
that
member
state.
17
(2)
Issue
subpoenas
for
both
hearings
and
investigations
18
that
require
the
attendance
and
testimony
of
witnesses
as
well
19
as
the
production
of
evidence.
Subpoenas
issued
by
a
licensing
20
board
in
a
member
state
for
the
attendance
and
testimony
of
21
witnesses
or
the
production
of
evidence
from
another
member
22
state
shall
be
enforced
in
the
latter
state
by
any
court
of
23
competent
jurisdiction,
according
to
the
practice
and
procedure
24
of
that
court
applicable
to
subpoenas
issued
in
proceedings
25
pending
before
it.
The
issuing
authority
shall
pay
any
witness
26
fees,
travel
expenses,
mileage,
and
other
fees
required
by
the
27
service
statutes
of
the
state
where
the
witnesses
or
evidence
28
are
located.
29
c.
For
purposes
of
taking
adverse
action,
the
home
state
30
shall
give
the
same
priority
and
effect
to
reported
conduct
31
received
from
a
member
state
as
it
would
if
the
conduct
had
32
occurred
within
the
home
state.
In
so
doing,
the
home
state
33
shall
apply
its
own
state
laws
to
determine
appropriate
action.
34
d.
The
home
state
shall
complete
any
pending
investigations
35
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_____
of
an
occupational
therapist
or
occupational
therapy
assistant
1
who
changes
primary
state
of
residence
during
the
course
of
the
2
investigations.
The
home
state
where
the
investigations
were
3
initiated
shall
also
have
the
authority
to
take
appropriate
4
action
and
shall
promptly
report
the
conclusions
of
the
5
investigations
to
the
occupational
therapy
compact
commission
6
data
system.
The
occupational
therapy
compact
commission
data
7
system
administrator
shall
promptly
notify
the
new
home
state
8
of
any
adverse
actions.
9
e.
A
member
state,
if
otherwise
permitted
by
state
law,
10
may
recover
from
the
affected
occupational
therapist
or
11
occupational
therapy
assistant
the
costs
of
investigations
and
12
disposition
of
cases
resulting
from
any
adverse
action
taken
13
against
that
occupational
therapist
or
occupational
therapy
14
assistant.
15
f.
A
member
state
may
take
adverse
action
based
on
the
16
factual
findings
of
the
remote
state,
provided
that
the
member
17
state
follows
its
own
procedures
for
taking
the
adverse
action.
18
g.
Joint
investigations.
19
(1)
In
addition
to
the
authority
granted
to
a
member
20
state
by
its
respective
state
occupational
therapy
laws
and
21
regulations
or
other
applicable
state
law,
any
member
state
may
22
participate
with
other
member
states
in
joint
investigations
23
of
licensees.
24
(2)
Member
states
shall
share
any
investigative,
25
litigation,
or
compliance
materials
in
furtherance
of
any
joint
26
or
individual
investigation
initiated
under
the
compact.
27
h.
If
an
adverse
action
is
taken
by
the
home
state
against
28
an
occupational
therapist’s
or
occupational
therapy
assistant’s
29
license,
the
occupational
therapist’s
or
occupational
therapy
30
assistant’s
compact
privilege
in
all
other
member
states
shall
31
be
deactivated
until
all
encumbrances
have
been
removed
from
32
the
state
license.
All
home
state
disciplinary
orders
that
33
impose
adverse
action
against
an
occupational
therapist’s
34
or
occupational
therapy
assistant’s
license
shall
include
a
35
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_____
statement
that
the
occupational
therapist’s
or
occupational
1
therapy
assistant’s
compact
privilege
is
deactivated
in
all
2
member
states
during
the
pendency
of
the
order.
3
i.
If
a
member
state
takes
adverse
action,
it
shall
promptly
4
notify
the
administrator
of
the
data
system.
The
administrator
5
of
the
data
system
shall
promptly
notify
the
home
state
of
any
6
adverse
actions
by
remote
states.
7
j.
Nothing
in
this
compact
shall
override
a
member
state’s
8
decision
that
participation
in
an
alternative
program
may
be
9
used
in
lieu
of
adverse
action.
10
8.
Establishment
of
the
occupational
therapy
compact
11
commission.
12
a.
The
compact
member
states
hereby
create
and
establish
a
13
joint
public
agency
known
as
the
occupational
therapy
compact
14
commission.
15
(1)
The
commission
is
an
instrumentality
of
the
compact
16
states.
17
(2)
Venue
is
proper
and
judicial
proceedings
by
or
against
18
the
commission
shall
be
brought
solely
and
exclusively
in
a
19
court
of
competent
jurisdiction
where
the
principal
office
of
20
the
commission
is
located.
The
commission
may
waive
venue
and
21
jurisdictional
defenses
to
the
extent
it
adopts
or
consents
to
22
participate
in
alternative
dispute
resolution
proceedings.
23
(3)
Nothing
in
this
compact
shall
be
construed
to
be
a
24
waiver
of
sovereign
immunity.
25
b.
Membership,
voting,
and
meetings.
26
(1)
Each
member
state
shall
have
and
be
limited
to
one
27
delegate
selected
by
that
member
state’s
licensing
board.
28
(2)
The
delegate
shall
be
either
of
the
following:
29
(a)
A
current
member
of
the
licensing
board
who
is
an
30
occupational
therapist,
occupational
therapy
assistant,
or
31
public
member.
32
(b)
An
administrator
of
the
licensing
board.
33
(3)
Any
delegate
may
be
removed
or
suspended
from
office
34
as
provided
by
the
law
of
the
state
from
which
the
delegate
is
35
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_____
appointed.
1
(4)
The
member
state
board
shall
fill
any
vacancy
occurring
2
in
the
commission
within
ninety
days
of
the
vacancy.
3
(5)
Each
delegate
shall
be
entitled
to
one
vote
with
regard
4
to
the
promulgation
of
rules
and
creation
of
bylaws
and
shall
5
otherwise
have
an
opportunity
to
participate
in
the
business
6
and
affairs
of
the
commission.
A
delegate
shall
vote
in
7
person
or
by
such
other
means
as
provided
in
the
bylaws.
The
8
bylaws
may
provide
for
delegates’
participation
in
meetings
by
9
telephone
or
other
means
of
communication.
10
(6)
The
commission
shall
meet
at
least
once
during
each
11
calendar
year.
Additional
meetings
shall
be
held
as
set
forth
12
in
the
bylaws.
13
(7)
The
commission
shall
establish
by
rule
a
term
of
office
14
for
delegates.
15
c.
The
commission
shall
have
the
following
powers
and
16
duties:
17
(1)
Establish
a
code
of
ethics
for
the
commission.
18
(2)
Establish
the
fiscal
year
of
the
commission.
19
(3)
Establish
bylaws.
20
(4)
Maintain
its
financial
records
in
accordance
with
the
21
bylaws.
22
(5)
Meet
and
take
such
actions
as
are
consistent
with
the
23
provisions
of
this
compact
and
the
bylaws.
24
(6)
Promulgate
uniform
rules
to
facilitate
and
coordinate
25
implementation
and
administration
of
this
compact.
The
rules
26
shall
have
the
force
and
effect
of
law
and
shall
be
binding
in
27
all
member
states.
28
(7)
Bring
and
prosecute
legal
proceedings
or
actions
in
the
29
name
of
the
commission,
provided
that
the
standing
of
any
state
30
occupational
therapy
licensing
board
to
sue
or
be
sued
under
31
applicable
law
shall
not
be
affected.
32
(8)
Purchase
and
maintain
insurance
and
bonds.
33
(9)
Borrow,
accept,
or
contract
for
services
of
personnel,
34
including
but
not
limited
to
employees
of
a
member
state.
35
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_____
(10)
Hire
employees,
elect
or
appoint
officers,
fix
1
compensation,
define
duties,
grant
such
individuals
appropriate
2
authority
to
carry
out
the
purposes
of
the
compact,
and
3
establish
the
commission’s
personnel
policies
and
programs
4
relating
to
conflicts
of
interest,
qualifications
of
personnel,
5
and
other
related
personnel
matters.
6
(11)
Accept
any
and
all
appropriate
donations
and
grants
7
of
money,
equipment,
supplies,
materials,
and
services,
and
8
receive,
utilize,
and
dispose
of
the
same;
provided
that
at
all
9
times
the
commission
shall
avoid
any
appearance
of
impropriety
10
or
conflict
of
interest.
11
(12)
Lease,
purchase,
accept
appropriate
gifts
or
donations
12
of,
or
otherwise
own,
hold,
improve,
or
use,
any
property,
13
whether
real,
personal,
or
mixed;
provided
that
at
all
times
14
the
commission
shall
avoid
any
appearance
of
impropriety.
15
(13)
Sell,
convey,
mortgage,
pledge,
lease,
exchange,
16
abandon,
or
otherwise
dispose
of
any
property
real,
personal,
17
or
mixed.
18
(14)
Establish
a
budget
and
make
expenditures.
19
(15)
Borrow
money.
20
(16)
Appoint
committees,
including
standing
committees
21
composed
of
members,
state
regulators,
state
legislators
or
22
their
representatives,
consumer
representatives,
and
such
other
23
interested
persons
as
may
be
designated
in
this
compact
and
the
24
bylaws.
25
(17)
Provide
and
receive
information
from,
and
cooperate
26
with,
law
enforcement
agencies.
27
(18)
Establish
and
elect
an
executive
committee.
28
(19)
Perform
such
other
functions
as
may
be
necessary
or
29
appropriate
to
achieve
the
purposes
of
this
compact
consistent
30
with
the
state
regulation
of
occupational
therapy
licensure
and
31
practice.
32
d.
The
executive
committee.
The
executive
committee
shall
33
have
the
power
to
act
on
behalf
of
the
commission
according
to
34
the
terms
of
this
compact.
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_____
(1)
The
executive
committee
shall
be
composed
of
the
1
following
nine
members:
2
(a)
Seven
voting
members
who
are
elected
by
the
commission
3
from
the
current
membership
of
the
commission.
4
(b)
One
ex
officio,
nonvoting
member
from
a
recognized
5
national
occupational
therapy
professional
association.
6
(c)
One
ex
officio,
nonvoting
member
from
a
recognized
7
national
occupational
therapy
certification
organization.
8
(2)
The
ex
officio
members
will
be
selected
by
their
9
respective
organizations.
10
(3)
The
commission
may
remove
any
member
of
the
executive
11
committee
as
provided
in
bylaws.
12
(4)
The
executive
committee
shall
meet
at
least
annually.
13
(5)
The
executive
committee
shall
have
the
following
duties
14
and
responsibilities:
15
(a)
Recommend
to
the
entire
commission
changes
to
the
rules
16
or
bylaws,
changes
to
this
compact,
fees
paid
by
compact
member
17
states
such
as
annual
dues,
and
any
commission
compact
fee
18
charged
to
licensees
for
the
compact
privilege.
19
(b)
Ensure
compact
administration
services
are
20
appropriately
provided,
contractual
or
otherwise.
21
(c)
Prepare
and
recommend
the
budget.
22
(d)
Maintain
financial
records
on
behalf
of
the
commission.
23
(e)
Monitor
compact
compliance
of
member
states
and
provide
24
compliance
reports
to
the
commission.
25
(f)
Establish
additional
committees
as
necessary.
26
(g)
Perform
other
duties
as
provided
in
rules
or
bylaws.
27
e.
Meetings
of
the
commission.
28
(1)
All
meetings
shall
be
open
to
the
public,
and
public
29
notice
of
meetings
shall
be
given
in
the
same
manner
as
30
required
under
the
rulemaking
provisions
in
subsection
10.
31
(2)
The
commission
or
the
executive
committee
or
other
32
committees
of
the
commission
may
convene
in
a
closed,
nonpublic
33
meeting
if
the
commission
or
executive
committee
or
other
34
committees
of
the
commission
must
discuss
any
of
the
following:
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(a)
Noncompliance
of
a
member
state
with
its
obligations
1
under
the
compact.
2
(b)
The
employment,
compensation,
discipline,
or
other
3
matters,
practices,
or
procedures
related
to
specific
employees
4
or
other
matters
related
to
the
commission’s
internal
personnel
5
practices
and
procedures.
6
(c)
Current,
threatened,
or
reasonably
anticipated
7
litigation.
8
(d)
Negotiation
of
contracts
for
the
purchase,
lease,
or
9
sale
of
goods,
services,
or
real
estate.
10
(e)
Accusing
any
person
of
a
crime
or
formally
censuring
any
11
person.
12
(f)
Disclosure
of
trade
secrets
or
commercial
or
financial
13
information
that
is
privileged
or
confidential.
14
(g)
Disclosure
of
information
of
a
personal
nature
where
15
disclosure
would
constitute
a
clearly
unwarranted
invasion
of
16
personal
privacy.
17
(h)
Disclosure
of
investigative
records
compiled
for
law
18
enforcement
purposes.
19
(i)
Disclosure
of
information
related
to
any
investigative
20
reports
prepared
by,
on
behalf
of,
or
for
use
of
the
commission
21
or
other
committee
charged
with
the
responsibility
of
22
investigation
or
determination
of
compliance
issues
pursuant
23
to
the
compact.
24
(j)
Matters
specifically
exempted
from
disclosure
by
25
federal
or
member
state
statute.
26
(3)
If
a
meeting,
or
portion
of
a
meeting,
is
closed
27
pursuant
to
this
provision,
the
commission’s
legal
counsel
or
28
designee
shall
certify
that
the
meeting
may
be
closed
and
shall
29
reference
each
relevant
exempting
provision.
30
(4)
The
commission
shall
keep
minutes
that
fully
and
clearly
31
describe
all
matters
discussed
in
a
meeting
and
shall
provide
32
a
full
and
accurate
summary
of
actions
taken,
and
the
reasons
33
therefore,
including
a
description
of
the
views
expressed.
34
All
documents
considered
in
connection
with
an
action
shall
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be
identified
in
such
minutes.
All
minutes
and
documents
of
1
a
closed
meeting
shall
remain
under
seal,
subject
to
release
2
by
a
majority
vote
of
the
commission
or
order
of
a
court
of
3
competent
jurisdiction.
4
f.
Financing
of
the
commission.
5
(1)
The
commission
shall
pay,
or
provide
for
the
payment
of,
6
the
reasonable
expenses
of
its
establishment,
organization,
and
7
ongoing
activities.
8
(2)
The
commission
may
accept
any
and
all
appropriate
9
revenue
sources,
donations,
and
grants
of
money,
equipment,
10
supplies,
materials,
and
services.
11
(3)
The
commission
may
levy
on
and
collect
an
annual
12
assessment
from
each
member
state
or
impose
fees
on
other
13
parties
to
cover
the
cost
of
the
operations
and
activities
14
of
the
commission
and
its
staff,
which
must
be
in
a
total
15
amount
sufficient
to
cover
its
annual
budget
as
approved
by
16
the
commission
each
year
for
which
revenue
is
not
provided
by
17
other
sources.
The
aggregate
annual
assessment
amount
shall
18
be
allocated
based
upon
a
formula
to
be
determined
by
the
19
commission,
which
shall
promulgate
a
rule
binding
upon
all
20
member
states.
21
(4)
The
commission
shall
not
incur
obligations
of
any
kind
22
prior
to
securing
the
funds
adequate
to
meet
the
same;
nor
23
shall
the
commission
pledge
the
credit
of
any
of
the
member
24
states,
except
by
and
with
the
authority
of
the
member
state.
25
(5)
The
commission
shall
keep
accurate
accounts
of
all
26
receipts
and
disbursements.
The
receipts
and
disbursements
of
27
the
commission
shall
be
subject
to
the
audit
and
accounting
28
procedures
established
under
its
bylaws.
However,
all
receipts
29
and
disbursements
of
funds
handled
by
the
commission
shall
be
30
audited
yearly
by
a
certified
or
licensed
public
accountant,
31
and
the
report
of
the
audit
shall
be
included
in
and
become
32
part
of
the
annual
report
of
the
commission.
33
g.
Qualified
immunity,
defense,
and
indemnification.
34
(1)
The
members,
officers,
executive
director,
employees,
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and
representatives
of
the
commission
shall
be
immune
from
1
suit
and
liability,
either
personally
or
in
their
official
2
capacity,
for
any
claim
for
damage
to
or
loss
of
property
or
3
personal
injury
or
other
civil
liability
caused
by
or
arising
4
out
of
any
actual
or
alleged
act,
error,
or
omission
that
5
occurred,
or
that
the
person
against
whom
the
claim
is
made
had
6
a
reasonable
basis
for
believing
occurred
within
the
scope
of
7
commission
employment,
duties,
or
responsibilities;
provided
8
that
nothing
in
this
paragraph
shall
be
construed
to
protect
9
any
such
person
from
suit
or
liability
for
any
damage,
loss,
10
injury,
or
liability
caused
by
the
intentional,
willful,
or
11
wanton
misconduct
of
that
person.
12
(2)
The
commission
shall
defend
any
member,
officer,
13
executive
director,
employee,
or
representative
of
the
14
commission
in
any
civil
action
seeking
to
impose
liability
15
arising
out
of
any
actual
or
alleged
act,
error,
or
omission
16
that
occurred
within
the
scope
of
commission
employment,
17
duties,
or
responsibilities,
or
that
the
person
against
18
whom
the
claim
is
made
had
a
reasonable
basis
for
believing
19
occurred
within
the
scope
of
commission
employment,
duties,
20
or
responsibilities;
provided
that
nothing
herein
shall
be
21
construed
to
prohibit
that
person
from
retaining
the
person’s
22
own
counsel;
and
provided
further,
that
the
actual
or
alleged
23
act,
error,
or
omission
did
not
result
from
that
person’s
24
intentional,
willful,
or
wanton
misconduct.
25
(3)
The
commission
shall
indemnify
and
hold
harmless
26
any
member,
officer,
executive
director,
employee,
or
27
representative
of
the
commission
for
the
amount
of
any
28
settlement
or
judgment
obtained
against
that
person
arising
29
out
of
any
actual
or
alleged
act,
error,
or
omission
that
30
occurred
within
the
scope
of
commission
employment,
duties,
31
or
responsibilities,
or
that
such
person
had
a
reasonable
32
basis
for
believing
occurred
within
the
scope
of
commission
33
employment,
duties,
or
responsibilities;
provided
that
the
34
actual
or
alleged
act,
error,
or
omission
did
not
result
from
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the
intentional,
willful,
or
wanton
misconduct
of
that
person.
1
9.
Data
system.
2
a.
The
commission
shall
provide
for
the
development,
3
maintenance,
and
utilization
of
a
coordinated
database
and
4
reporting
system
containing
licensure,
adverse
action,
and
5
investigative
information
on
all
licensed
individuals
in
member
6
states.
7
b.
A
member
state
shall
submit
a
uniform
data
set
to
8
the
data
system
on
all
individuals
to
whom
this
compact
is
9
applicable,
utilizing
a
unique
identifier,
as
required
by
the
10
rules
of
the
commission,
including
all
of
the
following:
11
(1)
Identifying
information.
12
(2)
Licensure
data.
13
(3)
Adverse
actions
against
a
license
or
compact
privilege.
14
(4)
Nonconfidential
information
related
to
alternative
15
program
participation.
16
(5)
Any
denial
of
application
for
licensure,
and
the
reason
17
for
such
denial.
18
(6)
Other
information
that
may
facilitate
the
19
administration
of
this
compact,
as
determined
by
the
rules
of
20
the
commission.
21
(7)
Current
significant
investigative
information.
22
c.
Current
significant
investigative
information
and
other
23
investigative
information
pertaining
to
a
licensee
in
any
24
member
state
will
only
be
available
to
other
member
states.
25
d.
The
commission
shall
promptly
notify
all
member
states
of
26
any
adverse
action
taken
against
a
licensee
or
an
individual
27
applying
for
a
license.
Adverse
action
information
pertaining
28
to
a
licensee
in
any
member
state
will
be
available
to
any
29
other
member
state.
30
e.
Member
states
contributing
information
to
the
data
31
system
may
designate
information
that
may
not
be
shared
with
32
the
public
without
the
express
permission
of
the
contributing
33
state.
34
f.
Any
information
submitted
to
the
data
system
that
is
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subsequently
required
to
be
expunged
by
the
laws
of
the
member
1
state
contributing
the
information
shall
be
removed
from
the
2
data
system.
3
10.
Rulemaking.
4
a.
The
commission
shall
exercise
its
rulemaking
powers
5
pursuant
to
the
criteria
set
forth
in
this
subsection
and
the
6
rules
adopted
thereunder.
Rules
and
amendments
shall
become
7
binding
as
of
the
date
specified
in
each
rule
or
amendment.
8
b.
The
commission
shall
promulgate
reasonable
rules
in
9
order
to
effectively
and
efficiently
achieve
the
purposes
of
10
the
compact.
Notwithstanding
the
foregoing,
in
the
event
the
11
commission
exercises
its
rulemaking
authority
in
a
manner
that
12
is
beyond
the
scope
of
the
purposes
of
the
compact,
or
the
13
powers
granted
hereunder,
then
such
an
action
by
the
commission
14
shall
be
invalid
and
have
no
force
and
effect.
15
c.
If
a
majority
of
the
legislatures
of
the
member
states
16
rejects
a
rule,
by
enactment
of
a
statute
or
resolution
in
the
17
same
manner
used
to
adopt
the
compact
within
four
years
of
the
18
date
of
adoption
of
the
rule,
then
such
rule
shall
have
no
19
further
force
and
effect
in
any
member
state.
20
d.
Rules
or
amendments
to
the
rules
shall
be
adopted
at
a
21
regular
or
special
meeting
of
the
commission.
22
e.
Prior
to
promulgation
and
adoption
of
a
final
rule
or
23
rules
by
the
commission,
and
at
least
thirty
days
in
advance
24
of
the
meeting
at
which
the
rule
will
be
considered
and
voted
25
upon,
the
commission
shall
file
a
notice
of
proposed
rulemaking
26
in
all
of
the
following
places:
27
(1)
On
the
internet
site
of
the
commission
or
other
publicly
28
accessible
platform.
29
(2)
On
the
internet
site
of
each
member
state
occupational
30
therapy
licensing
board
or
other
publicly
accessible
platform
31
or
the
publication
in
which
each
state
would
otherwise
publish
32
proposed
rules.
33
f.
The
notice
of
proposed
rulemaking
shall
include
all
of
34
the
following:
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(1)
The
proposed
time,
date,
and
location
of
the
meeting
in
1
which
the
rule
will
be
considered
and
voted
upon.
2
(2)
The
text
of
the
proposed
rule
or
amendment
and
the
3
reason
for
the
proposed
rule.
4
(3)
A
request
for
comments
on
the
proposed
rule
from
any
5
interested
person.
6
(4)
The
manner
in
which
interested
persons
may
submit
notice
7
to
the
commission
of
their
intention
to
attend
the
public
8
hearing
and
any
written
comments.
9
g.
Prior
to
adoption
of
a
proposed
rule,
the
commission
10
shall
allow
persons
to
submit
written
data,
facts,
opinions,
11
and
arguments,
which
shall
be
made
available
to
the
public.
12
h.
The
commission
shall
grant
an
opportunity
for
a
public
13
hearing
before
it
adopts
a
rule
or
amendment
if
a
hearing
is
14
requested
by
any
of
the
following:
15
(1)
At
least
twenty-five
persons.
16
(2)
A
state
or
federal
governmental
subdivision
or
agency.
17
(3)
An
association
or
organization
having
at
least
18
twenty-five
members.
19
i.
If
a
hearing
is
held
on
the
proposed
rule
or
amendment,
20
the
commission
shall
publish
the
place,
time,
and
date
of
21
the
scheduled
public
hearing.
If
the
hearing
is
held
via
22
electronic
means,
the
commission
shall
publish
the
mechanism
23
for
access
to
the
electronic
hearing.
24
(1)
All
persons
wishing
to
be
heard
at
the
hearing
shall
25
notify
the
executive
director
of
the
commission
or
other
26
designated
member
in
writing
of
their
desire
to
appear
and
27
testify
at
the
hearing
not
less
than
five
business
days
before
28
the
scheduled
date
of
the
hearing.
29
(2)
Hearings
shall
be
conducted
in
a
manner
providing
each
30
person
who
wishes
to
comment
a
fair
and
reasonable
opportunity
31
to
comment
orally
or
in
writing.
32
(3)
All
hearings
will
be
recorded.
A
copy
of
the
recording
33
will
be
made
available
on
request.
34
(4)
Nothing
in
this
subsection
shall
be
construed
as
35
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requiring
a
separate
hearing
on
each
rule.
Rules
may
be
1
grouped
for
the
convenience
of
the
commission
at
hearings
2
required
by
this
subsection.
3
j.
Following
the
scheduled
hearing
date,
or
by
the
close
4
of
business
on
the
scheduled
hearing
date
if
the
hearing
was
5
not
held,
the
commission
shall
consider
all
written
and
oral
6
comments
received.
7
k.
If
no
written
notice
of
intent
to
attend
the
public
8
hearing
by
interested
parties
is
received,
the
commission
may
9
proceed
with
promulgation
of
the
proposed
rule
without
a
public
10
hearing.
11
l.
The
commission
shall,
by
majority
vote
of
all
members,
12
take
final
action
on
the
proposed
rule
and
shall
determine
the
13
effective
date
of
the
rule,
if
any,
based
on
the
rulemaking
14
record
and
the
full
text
of
the
rule.
15
m.
Upon
determination
that
an
emergency
exists,
the
16
commission
may
consider
and
adopt
an
emergency
rule
without
17
prior
notice,
opportunity
for
comment,
or
hearing,
provided
18
that
the
usual
rulemaking
procedures
provided
in
the
compact
19
and
in
this
section
shall
be
retroactively
applied
to
the
rule
20
as
soon
as
reasonably
possible,
in
no
event
later
than
ninety
21
days
after
the
effective
date
of
the
rule.
For
the
purposes
of
22
this
provision,
an
emergency
rule
is
one
that
must
be
adopted
23
immediately
in
order
to
do
any
of
the
following:
24
(1)
Meet
an
imminent
threat
to
public
health,
safety,
or
25
welfare.
26
(2)
Prevent
a
loss
of
commission
or
member
state
funds.
27
(3)
Meet
a
deadline
for
the
promulgation
of
an
28
administrative
rule
that
is
established
by
federal
law
or
rule.
29
(4)
Protect
public
health
and
safety.
30
n.
The
commission
or
an
authorized
committee
of
the
31
commission
may
direct
revisions
to
a
previously
adopted
rule
32
or
amendment
for
purposes
of
correcting
typographical
errors,
33
errors
in
format,
errors
in
consistency,
or
grammatical
34
errors.
Public
notice
of
any
revisions
shall
be
posted
on
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the
internet
site
of
the
commission.
The
revision
shall
be
1
subject
to
challenge
by
any
person
for
a
period
of
thirty
days
2
after
posting.
The
revision
may
be
challenged
only
on
grounds
3
that
the
revision
results
in
a
material
change
to
a
rule.
A
4
challenge
shall
be
made
in
writing
and
delivered
to
the
chair
5
of
the
commission
prior
to
the
end
of
the
notice
period.
If
6
no
challenge
is
made,
the
revision
will
take
effect
without
7
further
action.
If
the
revision
is
challenged,
the
revision
8
may
not
take
effect
without
the
approval
of
the
commission.
9
11.
Oversight,
dispute
resolution,
and
enforcement.
10
a.
Oversight.
11
(1)
The
executive,
legislative,
and
judicial
branches
12
of
state
government
in
each
member
state
shall
enforce
this
13
compact
and
take
all
actions
necessary
and
appropriate
to
14
effectuate
the
compact’s
purposes
and
intent.
The
provisions
15
of
this
compact
and
the
rules
promulgated
hereunder
shall
have
16
standing
as
statutory
law.
17
(2)
All
courts
shall
take
judicial
notice
of
the
compact
18
and
the
rules
in
any
judicial
or
administrative
proceeding
in
a
19
member
state
pertaining
to
the
subject
matter
of
this
compact
20
which
may
affect
the
powers,
responsibilities,
or
actions
of
21
the
commission.
22
(3)
The
commission
shall
be
entitled
to
receive
service
23
of
process
in
any
such
proceeding,
and
shall
have
standing
to
24
intervene
in
such
a
proceeding
for
all
purposes.
Failure
to
25
provide
service
of
process
to
the
commission
shall
render
a
26
judgment
or
order
void
as
to
the
commission,
this
compact,
or
27
promulgated
rules.
28
b.
Default,
technical
assistance,
and
termination.
29
(1)
If
the
commission
determines
that
a
member
state
30
has
defaulted
in
the
performance
of
its
obligations
or
31
responsibilities
under
this
compact
or
the
promulgated
rules,
32
the
commission
shall
do
all
of
the
following:
33
(a)
Provide
written
notice
to
the
defaulting
state
and
other
34
member
states
of
the
nature
of
the
default,
the
proposed
means
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of
curing
the
default,
or
any
other
action
to
be
taken
by
the
1
commission.
2
(b)
Provide
remedial
training
and
specific
technical
3
assistance
regarding
the
default.
4
(2)
If
a
state
in
default
fails
to
cure
the
default,
the
5
defaulting
state
may
be
terminated
from
the
compact
upon
an
6
affirmative
vote
of
a
majority
of
the
member
states,
and
all
7
rights,
privileges,
and
benefits
conferred
by
this
compact
may
8
be
terminated
on
the
effective
date
of
termination.
A
cure
of
9
the
default
does
not
relieve
the
offending
state
of
obligations
10
or
liabilities
incurred
during
the
period
of
default.
11
(3)
Termination
of
membership
in
the
compact
shall
be
12
imposed
only
after
all
other
means
of
securing
compliance
have
13
been
exhausted.
Notice
of
intent
to
suspend
or
terminate
shall
14
be
given
by
the
commission
to
the
governor,
the
majority
and
15
minority
leaders
of
the
defaulting
state’s
legislature,
and
16
each
of
the
member
states.
17
(4)
A
state
that
has
been
terminated
is
responsible
for
18
all
assessments,
obligations,
and
liabilities
incurred
through
19
the
effective
date
of
termination,
including
obligations
that
20
extend
beyond
the
effective
date
of
termination.
21
(5)
The
commission
shall
not
bear
any
costs
related
22
to
a
state
that
is
found
to
be
in
default
or
that
has
been
23
terminated
from
the
compact
unless
agreed
upon
in
writing
24
between
the
commission
and
the
defaulting
state.
25
(6)
The
defaulting
state
may
appeal
the
action
of
the
26
commission
by
petitioning
the
United
States
district
court
27
for
the
District
of
Columbia
or
the
federal
district
where
28
the
commission
has
its
principal
offices.
The
prevailing
29
member
shall
be
awarded
all
costs
of
such
litigation,
including
30
reasonable
attorney
fees.
31
c.
Dispute
resolution.
32
(1)
Upon
request
by
a
member
state,
the
commission
shall
33
attempt
to
resolve
disputes
related
to
the
compact
that
arise
34
among
member
states
and
between
member
and
nonmember
states.
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(2)
The
commission
shall
promulgate
a
rule
providing
for
1
both
mediation
and
binding
dispute
resolution
for
disputes
as
2
appropriate.
3
d.
Enforcement.
4
(1)
The
commission,
in
the
reasonable
exercise
of
its
5
discretion,
shall
enforce
the
provisions
and
rules
of
this
6
compact.
7
(2)
By
majority
vote,
the
commission
may
initiate
legal
8
action
in
the
United
States
district
court
for
the
District
9
of
Columbia
or
the
federal
district
where
the
commission
has
10
its
principal
offices
against
a
member
state
in
default
to
11
enforce
compliance
with
the
provisions
of
the
compact
and
its
12
promulgated
rules
and
bylaws.
The
relief
sought
may
include
13
both
injunctive
relief
and
damages.
In
the
event
judicial
14
enforcement
is
necessary,
the
prevailing
member
shall
be
15
awarded
all
costs
of
such
litigation,
including
reasonable
16
attorney
fees.
17
(3)
The
remedies
herein
shall
not
be
the
exclusive
remedies
18
of
the
commission.
The
commission
may
pursue
any
other
19
remedies
available
under
federal
or
state
law.
20
12.
Date
of
implementation
of
the
interstate
commission
for
21
occupational
therapy
practice
and
associated
rules,
withdrawal,
22
and
amendment.
23
a.
The
compact
shall
come
into
effect
on
the
date
on
24
which
the
compact
statute
is
enacted
into
law
in
the
tenth
25
member
state.
The
provisions,
which
become
effective
at
26
that
time,
shall
be
limited
to
the
powers
granted
to
the
27
commission
relating
to
assembly
and
the
promulgation
of
rules.
28
Thereafter,
the
commission
shall
meet
and
exercise
rulemaking
29
powers
necessary
to
the
implementation
and
administration
of
30
the
compact.
31
b.
Any
state
that
joins
the
compact
subsequent
to
the
32
commission’s
initial
adoption
of
the
rules
shall
be
subject
33
to
the
rules
as
they
exist
on
the
date
on
which
the
compact
34
becomes
law
in
that
state.
Any
rule
that
has
been
previously
35
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adopted
by
the
commission
shall
have
the
full
force
and
effect
1
of
law
on
the
date
the
compact
becomes
law
in
that
state.
2
c.
Any
member
state
may
withdraw
from
this
compact
by
3
enacting
a
statute
repealing
the
same.
4
(1)
A
member
state’s
withdrawal
shall
not
take
effect
until
5
six
months
after
enactment
of
the
repealing
statute.
6
(2)
Withdrawal
shall
not
affect
the
continuing
requirement
7
of
the
withdrawing
state’s
occupational
therapy
licensing
board
8
to
comply
with
the
investigative
and
adverse
action
reporting
9
requirements
of
this
compact
prior
to
the
effective
date
of
10
withdrawal.
11
d.
Nothing
contained
in
this
compact
shall
be
construed
12
to
invalidate
or
prevent
any
occupational
therapy
licensure
13
agreement
or
other
cooperative
arrangement
between
a
member
14
state
and
a
nonmember
state
that
does
not
conflict
with
the
15
provisions
of
this
compact.
16
e.
This
compact
may
be
amended
by
the
member
states.
No
17
amendment
to
this
compact
shall
become
effective
and
binding
18
upon
any
member
state
until
it
is
enacted
into
the
laws
of
all
19
member
states.
20
13.
Construction
and
severability.
This
compact
shall
be
21
liberally
construed
so
as
to
effectuate
the
purposes
thereof.
22
The
provisions
of
this
compact
shall
be
severable
and
if
any
23
phrase,
clause,
sentence,
or
provision
of
this
compact
is
24
declared
to
be
contrary
to
the
constitution
of
any
member
25
state
or
of
the
United
States
or
the
applicability
thereof
26
to
any
government,
agency,
person,
or
circumstance
is
held
27
invalid,
the
validity
of
the
remainder
of
this
compact
and
the
28
applicability
thereof
to
any
government,
agency,
person,
or
29
circumstance
shall
not
be
affected
thereby.
If
this
compact
30
shall
be
held
contrary
to
the
constitution
of
any
member
state,
31
the
compact
shall
remain
in
full
force
and
effect
as
to
the
32
remaining
member
states
and
in
full
force
and
effect
as
to
the
33
member
state
affected
as
to
all
severable
matters.
34
14.
Binding
effect
of
compact
and
other
laws.
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a.
A
licensee
providing
occupational
therapy
in
a
remote
1
state
under
the
compact
privilege
shall
function
within
the
2
laws
and
regulations
of
the
remote
state.
3
b.
Nothing
herein
prevents
the
enforcement
of
any
other
law
4
of
a
member
state
that
is
not
inconsistent
with
the
compact.
5
c.
Any
laws
in
a
member
state
in
conflict
with
the
compact
6
are
superseded
to
the
extent
of
the
conflict.
7
d.
Any
lawful
actions
of
the
commission,
including
all
rules
8
and
bylaws
promulgated
by
the
commission,
are
binding
upon
the
9
member
states.
10
e.
All
agreements
between
the
commission
and
the
member
11
states
are
binding
in
accordance
with
their
terms.
12
f.
In
the
event
any
provision
of
the
compact
exceeds
the
13
constitutional
limits
imposed
on
the
legislature
of
any
member
14
state,
the
provision
shall
be
ineffective
to
the
extent
of
the
15
conflict
with
the
constitutional
provision
in
question
in
that
16
member
state.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
adopts
the
interstate
occupational
therapy
21
licensure
compact.
22
The
compact
establishes
a
system
whereby
occupational
23
therapists
and
occupational
therapy
assistants
licensed
to
24
practice
in
one
member
state
may
practice
in
another
member
25
state
under
a
compact
privilege
without
applying
for
a
26
license
in
that
state.
The
compact
imposes
certain
minimum
27
requirements
on
the
licensure
of
occupational
therapists
and
28
occupational
therapy
assistants
in
member
states.
The
compact
29
comes
into
effect
upon
adoption
by
10
states.
30
The
compact
creates
a
commission
to
administer
the
operation
31
of
the
compact.
The
commission
is
an
instrumentality
of
the
32
party
states.
The
compact
includes
provisions
relating
to
33
the
establishment
and
membership
of
the
commission;
powers
34
of
the
commission;
meetings
and
voting
requirements
of
the
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commission;
commission
bylaws
and
rules;
commission
committees;
1
commission
finances;
records
of
the
commission;
compacting
2
state
compliance;
venue
for
judicial
proceedings;
qualified
3
immunity,
defense,
and
indemnification;
effective
dates
and
4
amendments
to
the
compact;
withdrawal,
default,
and
expulsion;
5
severability
and
construction;
and
the
binding
effect
of
the
6
compact
and
other
laws.
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