Bill Text: TX HB1683 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the Occupational Therapy Licensure Compact; authorizing fees.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-04 - Referred to Health & Human Services [HB1683 Detail]
Download: Texas-2023-HB1683-Engrossed.html
88R3787 SCP-F | ||
By: Walle, Bonnen, Buckley, Garcia | H.B. No. 1683 |
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relating to the Occupational Therapy Licensure Compact; | ||
authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 454, Occupations Code, is amended by | ||
adding Subchapter I to read as follows: | ||
SUBCHAPTER I. OCCUPATIONAL THERAPY LICENSURE COMPACT | ||
Sec. 454.401. OCCUPATIONAL THERAPY LICENSURE COMPACT. The | ||
Occupational Therapy Licensure Compact is enacted and entered into | ||
with all other jurisdictions that legally join in the compact, | ||
which reads as follows: | ||
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; | ||
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 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 | ||
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 | ||
Practitioners 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. | ||
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 | ||
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 | ||
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. | ||
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 | ||
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 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 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 | ||
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 | ||
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. | ||
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 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, 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 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 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 | ||
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 | ||
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; | ||
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. | ||
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 | ||
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 | ||
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, 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 | ||
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 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: | ||
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 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 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 | ||
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. | ||
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 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, 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. | ||
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 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 | ||
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 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 laws | ||
and regulations of the Remote State. | ||
B. Nothing herein prevents the enforcement of any other law | ||
of a Member State that is not inconsistent with the Compact. | ||
C. Any laws in a Member State in conflict with the Compact | ||
are superseded to the extent of the conflict. | ||
D. Any lawful actions of the Commission, including all Rules | ||
and bylaws promulgated by the Commission, are binding upon the | ||
Member States. | ||
E. All agreements between the Commission and the Member | ||
States are binding in accordance with their terms. | ||
F. In the event any provision of the Compact exceeds the | ||
constitutional limits imposed on the legislature of any Member | ||
State, the provision shall be ineffective to the extent of the | ||
conflict with the constitutional provision in question in that | ||
Member State. | ||
Sec. 454.402. ADMINISTRATION OF COMPACT. The board is the | ||
Occupational Therapy Licensure Compact administrator for this | ||
state. | ||
Sec. 454.403. RULES. The board may adopt rules necessary to | ||
implement this subchapter. | ||
SECTION 2. This Act takes effect September 1, 2023. |