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HB0173D -1- SCS CSHB 173(FIN) am S
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SENATE CS FOR CS FOR HOUSE BILL NO. 173(FIN) am S
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - SECOND SESSION
BY THE SENATE FINANCE COMMITTEE
Amended: 5/19/26
Offered: 5/12/26
Sponsor(s): REPRESENTATIVES JIMMIE, Prax, Stutes, D.Nelson, Schwanke, Bynum, Himschoot, Mina,
Josephson, Burke, Story, Johnson, Galvin, Gray, Schrage
SENATOR Myers
A BILL
FOR AN ACT ENTITLED
"An Act relating to occupational therapist licensure; relating to occupational therapy 1
assistant licensure; relating to an occupational therapist licensure compact; relating to 2
an executive administrator for the State Physical Therapy and Occupational Therapy 3
Board; relating to physical therapist licensure; relating to physical therapist assistant 4
licensure; relating to audiologist licensure; relating to speech-language pathologist 5
licensure; and relating to national criminal history record checks." 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7
* Section 1. AS 08.11 is amended by adding a new section to read: 8
Sec. 08.11.310. Compact privilege applications. A licensee applying for a 9
compact privilege under AS 08.11.300 shall submit, along with the application, the 10
applicant's fingerprints and the fees required by the Department of Public Safety under 11
AS 12.62.160 for criminal justice information and a national criminal history record 12
check. The board shall forward the fingerprints and fees to the Department of Public 13
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Safety to obtain a report of criminal justice information under AS 12.62 and a national 1
criminal history record check under AS 12.62.400. Criminal justice information and 2
criminal history record information obtained under this section may only be used by 3
the department for the purpose of determining an applicant's qualifications and fitness 4
for the compact privilege. 5
* Sec. 2. AS 08.84.010(b) is amended to read: 6
(b) The board shall control all matters pertaining to the licensing of physical 7
therapists, physical therapist assistants, occupational therapists, and occupational 8
therapy assistants and the practice of physical therapy and the practice of occupational 9
therapy. The board shall 10
(1) pass upon the qualifications of applicants; 11
(2) provide for the examination of applicants; 12
(3) issue temporary permits and licenses to persons qualified under this 13
chapter; 14
(4) suspend, revoke, or refuse to issue or renew a license under 15
AS 08.84.120; 16
(5) keep a current register listing the name, business address, date, and 17
number of the license of each person who is licensed to practice under this chapter; 18
(6) adopt regulations under AS 44.62 (Administrative Procedure Act) 19
necessary to carry out the purposes of this chapter, including regulations establishing 20
qualifications for licensure and renewal of licensure under this chapter; 21
(7) implement the Interstate Physical Therapy Licensure Compact 22
enacted by [UNDER] AS 08.84.188 and the Occupational Therapy Licensure 23
Compact enacted by AS 08.84.189. 24
* Sec. 3. AS 08.84 is amended by adding a new section to article 1 to read: 25
Sec. 08.84.025. Executive administrator. The board shall employ an 26
executive administrator who shall perform duties as prescribed by the board. The 27
executive administrator is the principal executive officer of the board and is in the 28
partially exempt service under AS 39.25.120. 29
* Sec. 4. AS 08.84.030(a) is amended to read: 30
(a) To be eligible for licensure by the board as a physical therapist or physical 31
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therapist assistant, an applicant, unless a graduate of a foreign school of physical 1
therapy located outside the United States, shall 2
(1) have graduated from a professional physical therapy education 3
program that includes supervised field work and is accredited by a national 4
accreditation agency approved by the board; 5
(2) pass, to the satisfaction of the board, an examination prepared by a 6
national testing service approved by the board to determine the applicant's fitness for 7
practice as a physical therapist or physical therapist assistant, or be entitled to 8
licensure without examination as provided in AS 08.84.060; 9
(3) meet qualifications for licensure established in regulations adopted 10
by the board under AS 08.84.010(b); and 11
(4) have been fingerprinted and have provided the fees required by the 12
Department of Public Safety under AS 12.62.160 for criminal justice information and 13
a national criminal history record check; the fingerprints and fees shall be forwarded 14
to the Department of Public Safety to obtain a report of criminal justice information 15
under AS 12.62 and a national criminal history record check under AS 12.62.400; 16
criminal justice information and criminal history record information obtained 17
under this paragraph may only be used by the board for the purpose of 18
determining an applicant's qualifications and fitness for the license or a compact 19
privilege under AS 08.84.188. 20
* Sec. 5. AS 08.84.040 is amended by adding a new subsection to read: 21
(b) A licensee applying for a compact privilege under AS 08.84.189 shall 22
submit, along with the application, the applicant's fingerprints and the fees required by 23
the Department of Public Safety under AS 12.62.160 for criminal justice information 24
and a national criminal history record check. The board shall forward the fingerprints 25
and fees to the Department of Public Safety to obtain a report of criminal justice 26
information under AS 12.62 and a national criminal history record check under 27
AS 12.62.400. Criminal justice information and criminal history record information 28
obtained under this subsection may only be used by the board for the purpose of 29
determining an applicant's qualifications and fitness for the compact privilege. 30
* Sec. 6. AS 08.84 is amended by adding a new section to read: 31
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Sec. 08.84.095. Scope of practice for occupational therapists and 1
occupational therapy assistants. (a) An occupational therapist may provide 2
occupational therapy to a person whose ability or opportunity to participate in 3
activities of daily living, play, leisure, or an occupation is or may be limited or 4
restricted because the person has or is at risk of having an injury, disorder, 5
impairment, or disability that limits or restricts the person's ability to engage in an 6
occupation or other goal-oriented task or activity. The therapist may evaluate, analyze, 7
and diagnose the cause of the limitation or restriction and intervene with occupational 8
therapy to decrease or eliminate the cause, help the person recover from or adjust to 9
the limitation or restriction, and restore the person's ability to engage in an occupation 10
or other goal-oriented task or activity. 11
(b) An occupational therapist may initiate and provide occupational therapy, 12
including therapy under (c) of this section, without a referral from another provider of 13
health care services. 14
(c) The services an occupational therapist may provide to a person include 15
(1) treating a person's pain; 16
(2) habilitating, rehabilitating, and working with a person to adjust 17
physical, neuromusculoskeletal, cognitive, psychosocial, sensory-perceptive, visual, or 18
other aspects of performance in a variety of contexts to improve or maintain the 19
person's ability to engage in an occupation or other goal -oriented task or activity, 20
regardless of the person's ability-related needs; 21
(3) evaluating and treating a person to promote, enhance, or restore the 22
person's ability to safely perform activities of daily living and instrumental activities 23
of daily living and safely engage in sleep, rest, education, work, play, leisure, health 24
management, and social participation; 25
(4) administering, evaluating, and interpreting tests and measurements 26
of a person's bodily functions and structures; 27
(5) establishing, remediating, preventing, or compensating for a barrier 28
to a person's performance skills; in this paragraph, a barrier to a person's performance 29
skills may include the person's bodily structures and functions, habits, routines, roles, 30
environmental and personal factors, and physical, neuromusculoskeletal, cognitive, 31
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psychosocial, sensory perception, communication, interaction, and pain management 1
skills; 2
(6) managing a p erson's ability to eat, feed themselves, or swallow to 3
improve or maintain eating and feeding performance; 4
(7) designing, fabricating, applying, or fitting assistive technology or 5
an adaptive or orthotic device; 6
(8) training a person to 7
(A) use assistiv e technology or an adaptive, orthotic, or 8
prosthetic device; and 9
(B) manage the person's seating and positioning; 10
(9) adapting environments and assessing, recommending, and training 11
a person on the techniques the person may use to enhance the person's functional and 12
community mobility; 13
(10) preventing pain and dysfunction, restoring function, or reversing 14
or arresting the progression of a pathology; 15
(11) applying an adjunctive intervention or therapeutic procedure to 16
prepare for or use with occupation -based activities; in this paragraph, "adjunctive 17
intervention or therapeutic procedure" includes a thermal, mechanical, electrophysical, 18
or instrument-assisted treatment modality, wound care, and manual therapy; and 19
(12) promoting a person's good physical and mental health and 20
wellness, regardless of the person's ability-related needs. 21
(d) An occupational therapist may allow an occupational therapy assistant to 22
assist with or administer occupational therapy that the occupational therapy assistant is 23
professionally competent to assist with or administer, including assessing a patient in 24
an evaluation delegated to the occupational therapy assistant and preparing reports on 25
the assessment for the occupational therapist. The occupational therapist shall 26
supervise the occupational therapy assistant when acting under this subsection. 27
(e) In this section, "health" means a person's physical or mental health. 28
* Sec. 7. AS 08.84.150(b) is amended to read: 29
(b) A person may not provide services that the person describes as 30
occupational therapy without being licensed under this chapter unless the person is 31
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(1) a student in an accredited occupational therapy program or in a 1
supervised field work program; 2
(2) a graduate of a foreign school of occupational therapy fulfilling the 3
internship requirement of AS 08.84.032, and then only unless under the continuous 4
direction and immediate supervision of an occupational therapist; 5
(3) an occupational therapist or occupational therapy assistant 6
employed by the United States government while in the discharge of official duties; 7
(4) granted a limited permit under AS 08.84.075; 8
(5) licensed under this title and uses occupational therapy skills in the 9
practice of the profession for which the license is issued; [OR] 10
(6) employed as a teacher or teacher's aide by an educational 11
institution and is required to use occupational therapy skills during the course of 12
employment, if 13
(A) the occupational therapy skills are used under a program 14
implemented by the employer and developed by a licensed occupational 15
therapist; 16
(B) the employer maintains direct supervision of the person's 17
use of occupational therapy skills; and 18
(C) the person does not represent to 19
(i) be an occupational therapist or occupational therapy 20
assistant; and 21
(ii) practice occupational therapy; or 22
(7) granted a compact privilege under AS 08.84.189. 23
* Sec. 8. AS 08.84 is amended by adding a new section to read: 24
Article 4A. Occupational Therapy Licensure Compact. 25
Sec. 08.84.189. Compact enacted. The Occupational Therapy Licensure 26
Compact as contained in this section is enacted into law and entered into on behalf of 27
the state with all other states and jurisdictions legally joining it in a form substantially 28
as follows: 29
SECTION 1. PURPOSE 30
The purpose of this Compact is to facilitate interstate practice of Occupational 31
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Therapy with the goal of improving public access to Occupational Therapy services. 1
The Practice of Occupational Therapy occurs in the State where the patient/client is 2
located at the time of the patient/client encounter. The Compact preserves the 3
regulatory authority of States to protect public health and safety through the current 4
system of State licensure. 5
This Compact is designed to achieve the following objectives: 6
(A) Increase public access to Occupational Therapy services by providing for 7
the mutual recognition of other Member State licenses; 8
(B) Enhance the States' ability to protect the public's health and safety; 9
(C) Encourage the cooperation of Member States in regulating multi-State 10
Occupational Therapy Practice; 11
(D) Support spouses of relocating military members; 12
(E) Enhance the exchange of licensure, investigative, and disciplinary 13
information between Member States; 14
(F) Allow a Remote State to hold a provider of services with a Compact 15
Privilege in that State accountable to that State's practice standards; and 16
(G) Facilitate the use of Telehealth technology in order to increase access to 17
Occupational Therapy services. 18
SECTION 2. DEFINITIONS 19
As used in this Compact, and except as otherwise provided, the following 20
definitions shall apply: 21
(A) "Active Duty Military" means full-time duty status in the active 22
uniformed service of the United States, including members of the National Guard and 23
Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. 24
Chapter 1211. 25
(B) "Adverse Action" means any administrative, civil, equitable, or criminal 26
action permitted by a State's laws which is imposed by a Licensing Board or other 27
authority against an Occupational Therapist or Occupational Therapy Assistant, 28
including actions against an individual's license or Compact Privilege such as censure, 29
revocation, suspension, probation, monitoring of the Licensee, or restriction on the 30
Licensee's practice. 31
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(C) "Alternative Program" means a non-disciplinary monitoring process 1
approved by an Occupational Therapy Licensing Board. 2
(D) "Compact Privilege" means the authorization, which is equivalent to a 3
license, granted by a Remote State to allow a Licensee from another Member State to 4
practice as an Occupational Therapist or practice as an Occupational Therapy 5
Assistant in the Remote State under its laws and rules. The Practice of Occupational 6
Therapy occurs in the Member State where the patient/client is located at the time of 7
the patient/client encounter. 8
(E) "Continuing Competence/Education" means a requirement, as a condition 9
of license renewal, to provide evidence of participation in, and/or completion of, 10
educational and professional activities relevant to practice or area of work. 11
(F) "Current Significant Investigative Information" means Investigative 12
Information that a Licensing Board, after an inquiry or investigation that includes 13
notification and an opportunity for the Occupational Therapist or Occupational 14
Therapy Assistant to respond, if required by State law, has reason to believe is not 15
groundless and, if proved true, would indicate more than a minor infraction. 16
(G) "Data System" means a repository of information about Licensees, 17
including but not limited to license status, Investigative Information, Compact 18
Privileges, and Adverse Actions. 19
(H) "Encumbered License" means a license in which an Adverse Action 20
restricts the Practice of Occupational Therapy by the Licensee or said Adverse Action 21
has been reported to the National Practitioner Data Bank (NPDB). 22
(I) "Executive Committee" means a group of directors elected or appointed to 23
act on behalf of, and within the powers granted to them by, the Commission. 24
(J) "Home State" means the Member State that is the Licensee's Primary State 25
of Residence. 26
(K) "Impaired Practitioner" means individuals whose professional practice is 27
adversely affected by substance abuse, addiction, or other health-related conditions. 28
(L) "Investigative Information" means information, records, and/or documents 29
received or generated by an Occupational Therapy Licensing Board pursuant to an 30
investigation. 31
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(M) "Jurisprudence Requirement" means the assessment of an individual's 1
knowledge of the laws and rules governing the Practice of Occupational Therapy in a 2
State. 3
(N) "Licensee" means an individual who currently holds an authorization from 4
the State to practice as an Occupational Therapist or as an Occupational Therapy 5
Assistant. 6
(O) "Member State" means a State that has enacted the Compact. 7
(P) "Occupational Therapist" means an individual who is licensed by a State 8
to practice Occupational Therapy. 9
(Q) "Occupational Therapy Assistant" means an individual who is licensed by 10
a State to assist in the Practice of Occupational Therapy. 11
(R) "Occupational Therapy," "Occupational Therapy Practice," and the 12
"Practice of Occupational Therapy" mean the care and services provided by an 13
Occupational Therapist or an Occupational Therapy Assistant as set forth in the 14
Member State's statutes and regulations. 15
(S) "Occupational Therapy Compact Commission" or "Commission" means 16
the national administrative body whose membership consists of all States that have 17
enacted the Compact. 18
(T) "Occupational Therapy Licensing Board" or "Licensing Board" means the 19
agency of a State that is authorized to license and regulate Occupational Therapists 20
and Occupational Therapy Assistants. 21
(U) "Primary State of Residence" means the state (also known as the Home 22
State) in which an Occupational Therapist or Occupational Therapy Assistant who is 23
not Active Duty Military declares a primary residence for legal purposes as verified 24
by: driver's license, federal income tax return, lease, deed, mortgage or voter 25
registration or other verifying documentation as further defined by Commission Rules. 26
(V) "Remote State" means a Member State other than the Home State, where a 27
Licensee is exercising or seeking to exercise the Compact Privilege. 28
(W) "Rule" means a regulation promulgated by the Commission that has the 29
force of law. 30
(X) "State" means any state, commonwealth, district, or territory of the United 31
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States of America that regulates the Practice of Occupational Therapy. 1
(Y) "Single-State License" means an Occupational Therapist or Occupational 2
Therapy Assistant license issued by a Member State that authorizes practice only 3
within the issuing State and does not include a Compact Privilege in any other 4
Member State. 5
(Z) "Telehealth" means the application of telecommunication technology to 6
deliver Occupational Therapy services for assessment, intervention and/or 7
consultation. 8
SECTION 3. STATE PARTICIPATION IN THE COMPACT 9
(A) To participate in the Compact, a Member State shall: 10
(1) License Occupational Therapists and Occupational Therapy 11
Assistants; 12
(2) Participate fully in the Commission's Data System, including but 13
not limited to using the Commission's unique identifier as defined in Rules of the 14
Commission; 15
(3) Have a mechanism in place for receiving and investigating 16
complaints about Licensees; 17
(4) Notify the Commission, in compliance with the terms of the 18
Compact and Rules, of any Adverse Action or the availability of Investigative 19
Information regarding a Licensee; 20
(5) Implement or utilize procedures for considering the criminal 21
history records of applicants for an initial Compact Privilege. These procedures shall 22
include the submission of fingerprints or other biometric-based information by 23
applicants for the purpose of obtaining an applicant's criminal history record 24
information from the Federal Bureau of Investigation and the agency responsible for 25
retaining that State's criminal records; 26
(a) A Member State shall, within a time frame established by 27
the Commission, require a criminal background check for a Licensee 28
seeking/applying for a Compact Privilege whose Primary State of Residence is 29
that Member State, by receiving the results of the Federal Bureau of 30
Investigation criminal record search, and shall use the results in making 31
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licensure decisions. 1
(b) Communication between a Member State, the Commission 2
and among Member States regarding the verification of eligibility for licensure 3
through the Compact shall not include any information received from the 4
Federal Bureau of Investigation relating to a federal criminal records check 5
performed by a Member State under Public Law 92-544. 6
(6) Comply with the Rules of the Commission; 7
(7) Utilize only a recognized national examination as a requirement for 8
licensure pursuant to the Rules of the Commission; and 9
(8) Have Continuing Competence/Education requirements as a 10
condition for license renewal. 11
(B) A Member State shall grant the Compact Privilege to a Licensee holding a 12
valid unencumbered license in another Member State in accordance with the terms of 13
the Compact and Rules. 14
(C) Member States may charge a fee for granting a Compact Privilege. 15
(D) A Member State shall provide for the State's delegate to attend all 16
Occupational Therapy Compact Commission meetings. 17
(E) Individuals not residing in a Member State shall continue to be able to 18
apply for a Member State's Single-State License as provided under the laws of each 19
Member State. However, the Single-State License granted to these individuals shall 20
not be recognized as granting the Compact Privilege in any other Member State. 21
(F) Nothing in this Compact shall affect the requirements established by a 22
Member State for the issuance of a Single-State License. 23
SECTION 4. COMPACT PRIVILEGE 24
(A) To exercise the Compact Privilege under the terms and provisions of the 25
Compact, the Licensee shall: 26
(1) Hold a license in the Home State; 27
(2) Have a valid United States Social Security Number or National 28
Practitioner Identification number; 29
(3) Have no encumbrance on any State license; 30
(4) Be eligible for a Compact Privilege in any Member State in 31
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accordance with Section 4D, F, G, and H; 1
(5) Have paid all fines and completed all requirements resulting from 2
any Adverse Action against any license or Compact Privilege, and two years have 3
elapsed from the date of such completion; 4
(6) Notify the Commission that the Licensee is seeking the Compact 5
Privilege within a Remote State(s); 6
(7) Pay any applicable fees, including any State fee, for the Compact 7
Privilege; 8
(8) Complete a criminal background check in accordance with Section 9
3A(5); 10
(a) The Licensee shall be responsible for the payment of any 11
fee associated with the completion of a criminal background check. 12
(9) Meet any Jurisprudence Requirements established by the Remote 13
State(s) in which the Licensee is seeking a Compact Privilege; and 14
(10) Report to the Commission Adverse Action taken by any non-15
Member State within 30 days from the date the Adverse Action is taken. 16
(B) The Compact Privilege is valid until the expiration date of the Home State 17
license. The Licensee must comply with the requirements of Section 4A to maintain 18
the Compact Privilege in the Remote State. 19
(C) A Licensee providing Occupational Therapy in a Remote State under the 20
Compact Privilege shall function within the laws and regulations of the Remote State. 21
(D) Occupational Therapy Assistants practicing in a Remote State shall be 22
supervised by an Occupational Therapist licensed or holding a Compact Privilege in 23
that Remote State. 24
(E) A Licensee providing Occupational Therapy in a Remote State is subject 25
to that State's regulatory authority. A Remote State may, in accordance with due 26
process and that State's laws, remove a Licensee's Compact Privilege in the Remote 27
State for a specific period of time, impose fines, and/or take any other necessary 28
actions to protect the health and safety of its citizens. The Licensee may be ineligible 29
for a Compact Privilege in any State until the specific time for removal has passed and 30
all fines are paid. 31
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(F) If a Home State license is encumbered, the Licensee shall lose the 1
Compact Privilege in any Remote State until the following occur: 2
(1) The Home State license is no longer encumbered; and 3
(2) Two years have elapsed from the date on which the Home State 4
license is no longer encumbered in accordance with Section 4F(1). 5
(G) Once an Encumbered License in the Home State is restored to good 6
standing, the Licensee must meet the requirements of Section 4A to obtain a Compact 7
Privilege in any Remote State. 8
(H) If a Licensee's Compact Privilege in any Remote State is removed, the 9
individual may lose the Compact Privilege in any other Remote State until the 10
following occur: 11
(1) The specific period of time for which the Compact Privilege was 12
removed has ended; 13
(2) All fines have been paid and all conditions have been met; 14
(3) Two years have elapsed from the date of completing requirements 15
for Section 4H(1) and (2); and 16
(4) The Compact Privileges are reinstated by the Commission, and the 17
compact Data System is updated to reflect reinstatement. 18
(I) If a Licensee's Compact Privilege in any Remote State is removed due to 19
an erroneous charge, privileges shall be restored through the compact Data System. 20
(J) Once the requirements of Section 4H have been met, the Licensee must 21
meet the requirements in Section 4A to obtain a Compact Privilege in a Remote State. 22
SECTION 5. OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF 23
COMPACT PRIVILEGE 24
(A) An Occupational Therapist or Occupational Therapy Assistant may hold a 25
Home State license, which allows for Compact Privileges in Member States, in only 26
one Member State at a time. 27
(B) If an Occupational Therapist or Occupational Therapy Assistant changes 28
Primary State of Residence by moving between two Member States: 29
(1) The Occupational Therapist or Occupational Therapy Assistant 30
shall file an application for obtaining a new Home State license by virtue of a 31
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Compact Privilege, pay all applicable fees, and notify the current and new Home State 1
in accordance with applicable Rules adopted by the Commission. 2
(2) Upon receipt of an application for obtaining a new Home State 3
license by virtue of compact privilege, the new Home State shall verify that the 4
Occupational Therapist or Occupational Therapy Assistant meets the pertinent criteria 5
outlined in Section 4 via the Data System, without need for primary source 6
verification except for: 7
(a) an FBI fingerprint based criminal background check if not 8
previously performed or updated pursuant to applicable Rules adopted by the 9
Commission in accordance with Public Law 92-544; 10
(b) other criminal background check as required by the new 11
Home State; and 12
(c) submission of any requisite Jurisprudence Requirements of 13
the new Home State. 14
(3) The former Home State shall convert the former Home State 15
license into a Compact Privilege once the new Home State has activated the new 16
Home State license in accordance with applicable Rules adopted by the Commission. 17
(4) Notwithstanding any other provision of this Compact, if the 18
Occupational Therapist or Occupational Therapy Assistant cannot meet the criteria in 19
Section 4, the new Home State shall apply its requirements for issuing a new Single-20
State License. 21
(5) The Occupational Therapist or the Occupational Therapy Assistant 22
shall pay all applicable fees to the new Home State in order to be issued a new Home 23
State license. 24
(C) If an Occupational Therapist or Occupational Therapy Assistant changes 25
Primary State of Residence by moving from a Member State to a non-Member State, 26
or from a non-Member State to a Member State, the State criteria shall apply for 27
issuance of a Single-State License in the new State. 28
(D) Nothing in this compact shall interfere with a Licensee's ability to hold a 29
Single-State License in multiple States; however, for the purposes of this compact, a 30
Licensee shall have only one Home State license. 31
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(E) Nothing in this Compact shall affect the requirements established by a 1
Member State for the issuance of a Single-State License. 2
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 3
(A) Active Duty Military personnel, or their spouses, shall designate a Home 4
State where the individual has a current license in good standing. The individual may 5
retain the Home State designation during the period the service member is on active 6
duty. Subsequent to designating a Home State, the individual shall only change their 7
Home State through application for licensure in the new State or through the process 8
described in Section 5. 9
SECTION 7. ADVERSE ACTIONS 10
(A) A Home State shall have exclusive power to impose Adverse Action 11
against an Occupational Therapist's or Occupational Therapy Assistant's license issued 12
by the Home State. 13
(B) In addition to the other powers conferred by State law, a Remote State 14
shall have the authority, in accordance with existing State due process law, to: 15
(1) Take Adverse Action against an Occupational Therapist's or 16
Occupational Therapy Assistant's Compact Privilege within that Member State. 17
(2) Issue subpoenas for both hearings and investigations that require 18
the attendance and testimony of witnesses as well as the production of evidence. 19
Subpoenas issued by a Licensing Board in a Member State for the attendance and 20
testimony of witnesses or the production of evidence from another Member State shall 21
be enforced in the latter State by any court of competent jurisdiction, according to the 22
practice and procedure of that court applicable to subpoenas issued in proceedings 23
pending before it. The issuing authority shall pay any witness fees, travel expenses, 24
mileage and other fees required by the service statutes of the State in which the 25
witnesses or evidence are located. 26
(C) For purposes of taking Adverse Action, the Home State shall give the 27
same priority and effect to reported conduct received from a Member State as it would 28
if the conduct had occurred within the Home State. In so doing, the Home State shall 29
apply its own State laws to determine appropriate action. 30
(D) The Home State shall complete any pending investigations of an 31
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Occupational Therapist or Occupational Therapy Assistant who changes Primary State 1
of Residence during the course of the investigations. The Home State, where the 2
investigations were initiated, shall also have the authority to take appropriate action(s) 3
and shall promptly report the conclusions of the investigations to the OT Compact 4
Commission Data System. The Occupational Therapy Compact Commission Data 5
System administrator shall promptly notify the new Home State of any Adverse 6
Actions. 7
(E) A Member State, if otherwise permitted by State law, may recover from 8
the affected Occupational Therapist or Occupational Therapy Assistant the costs of 9
investigations and disposition of cases resulting from any Adverse Action taken 10
against that Occupational Therapist or Occupational Therapy Assistant. 11
(F) A Member State may take Adverse Action based on the factual findings of 12
the Remote State, provided that the Member State follows its own procedures for 13
taking the Adverse Action. 14
(G) Joint Investigations 15
(1) In addition to the authority granted to a Member State by its 16
respective State Occupational Therapy laws and regulations or other applicable State 17
law, any Member State may participate with other Member States in joint 18
investigations of Licensees. 19
(2) Member States shall share any investigative, litigation, or 20
compliance materials in furtherance of any joint or individual investigation initiated 21
under the Compact. 22
(H) If an Adverse Action is taken by the Home State against an Occupational 23
Therapist's or Occupational Therapy Assistant's license, the Occupational Therapist's 24
or Occupational Therapy Assistant's Compact Privilege in all other Member States 25
shall be deactivated until all encumbrances have been removed from the State license. 26
All Home State disciplinary orders that impose Adverse Action against an 27
Occupational Therapist's or Occupational Therapy Assistant's license shall include a 28
Statement that the Occupational Therapist's or Occupational Therapy Assistant's 29
Compact Privilege is deactivated in all Member States during the pendency of the 30
order. 31
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(I) If a Member State takes Adverse Action, it shall promptly notify the 1
administrator of the Data System. The administrator of the Data System shall promptly 2
notify the Home State of any Adverse Actions by Remote States. 3
(J) Nothing in this Compact shall override a Member State's decision that 4
participation in an Alternative Program may be used in lieu of Adverse Action. 5
SECTION 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY 6
COMPACT COMMISSION 7
(A) The Compact Member States hereby create and establish a joint public 8
agency known as the Occupational Therapy Compact Commission: 9
(1) The Commission is an instrumentality of the Compact States. 10
(2) Venue is proper and judicial proceedings by or against the 11
Commission shall be brought solely and exclusively in a court of competent 12
jurisdiction where the principal office of the Commission is located. The Commission 13
may waive venue and jurisdictional defenses to the extent it adopts or consents to 14
participate in alternative dispute resolution proceedings. 15
(3) Nothing in this Compact shall be construed to be a waiver of 16
sovereign immunity. 17
(B) Membership, Voting, and Meetings 18
(1) Each Member State shall have and be limited to one (1) delegate 19
selected by that Member State's Licensing Board. 20
(2) The delegate shall be either: 21
(a) A current member of the Licensing Board, who is an 22
Occupational Therapist, Occupational Therapy Assistant, or public member; or 23
(b) An administrator of the Licensing Board. 24
(3) Any delegate may be removed or suspended from office as 25
provided by the law of the State from which the delegate is appointed. 26
(4) The Member State board shall fill any vacancy occurring in the 27
Commission within 90 days. 28
(5) Each delegate shall be entitled to one (1) vote with regard to the 29
promulgation of Rules and creation of bylaws and shall otherwise have an opportunity 30
to participate in the business and affairs of the Commission. A delegate shall vote in 31
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person or by such other means as provided in the bylaws. The bylaws may provide for 1
delegates' participation in meetings by telephone or other means of communication. 2
(6) The Commission shall meet at least once during each calendar 3
year. Additional meetings shall be held as set forth in the bylaws. 4
(7) The Commission shall establish by Rule a term of office for 5
delegates. 6
(C) The Commission shall have the following powers and duties: 7
(1) Establish a Code of Ethics for the Commission; 8
(2) Establish the fiscal year of the Commission; 9
(3) Establish bylaws; 10
(4) Maintain its financial records in accordance with the bylaws; 11
(5) Meet and take such actions as are consistent with the provisions of 12
this Compact and the bylaws; 13
(6) Promulgate uniform Rules to facilitate and coordinate 14
implementation and administration of this Compact. The Rules shall have the force 15
and effect of law and shall be binding in all Member States; 16
(7) Bring and prosecute legal proceedings or actions in the name of the 17
Commission, provided that the standing of any State Occupational Therapy Licensing 18
Board to sue or be sued under applicable law shall not be affected; 19
(8) Purchase and maintain insurance and bonds; 20
(9) Borrow, accept, or contract for services of personnel, including, but 21
not limited to, employees of a Member State; 22
(10) Hire employees, elect or appoint officers, fix compensation, 23
define duties, grant such individuals appropriate authority to carry out the purposes of 24
the Compact, and establish the Commission's personnel policies and programs relating 25
to conflicts of interest, qualifications of personnel, and other related personnel matters; 26
(11) Accept any and all appropriate donations and grants of money, 27
equipment, supplies, materials and services, and receive, utilize and dispose of the 28
same; provided that at all times the Commission shall avoid any appearance of 29
impropriety and/or conflict of interest; 30
(12) Lease, purchase, accept appropriate gifts or donations of, or 31
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otherwise own, hold, improve or use, any property, real, personal or mixed; provided 1
that at all times the Commission shall avoid any appearance of impropriety; 2
(13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 3
otherwise dispose of any property real, personal, or mixed; 4
(14) Establish a budget and make expenditures; 5
(15) Borrow money; 6
(16) Appoint committees, including standing committees composed of 7
members, State regulators, State legislators or their representatives, and consumer 8
representatives, and such other interested persons as may be designated in this 9
Compact and the bylaws; 10
(17) Provide and receive information from, and cooperate with, law 11
enforcement agencies; 12
(18) Establish and elect an Executive Committee; and 13
(19) Perform such other functions as may be necessary or appropriate 14
to achieve the purposes of this Compact consistent with the State regulation of 15
Occupational Therapy licensure and practice. 16
(D) The Executive Committee 17
The Executive Committee shall have the power to act on behalf of the 18
Commission according to the terms of this Compact. 19
(1) The Executive Committee shall be composed of nine members: 20
(a) Seven voting members who are elected by the Commission 21
from the current membership of the Commission; 22
(b) One ex-officio, nonvoting member from a recognized 23
national Occupational Therapy professional association; and 24
(c) One ex-officio, nonvoting member from a recognized 25
national Occupational Therapy certification organization. 26
(2) The ex-officio members will be selected by their respective 27
organizations. 28
(3) The Commission may remove any member of the Executive 29
Committee as provided in bylaws. 30
(4) The Executive Committee shall meet at least annually. 31
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(5) The Executive Committee shall have the following Duties and 1
responsibilities: 2
(a) Recommend to the entire Commission changes to the Rules 3
or bylaws, changes to this Compact legislation, fees paid by Compact Member 4
States such as annual dues, and any Commission Compact fee charged to 5
Licensees for the Compact Privilege; 6
(b) Ensure Compact administration services are appropriately 7
provided, contractual or otherwise; 8
(c) Prepare and recommend the budget; 9
(d) Maintain financial records on behalf of the Commission; 10
(e) Monitor Compact compliance of Member States and 11
provide compliance reports to the Commission; 12
(f) Establish additional committees as necessary; and 13
(g) Perform other duties as provided in Rules or bylaws. 14
(E) Meetings of the Commission 15
(1) All meetings shall be open to the public, and public notice of 16
meetings shall be given in the same manner as required under the Rulemaking 17
provisions in Section 10. 18
(2) The Commission or the Executive Committee or other committees 19
of the Commission may convene in a closed, non-public meeting if the Commission or 20
Executive Committee or other committees of the Commission must discuss: 21
(a) Non-compliance of a Member State with its obligations 22
under the Compact; 23
(b) The employment, compensation, discipline or other matters, 24
practices or procedures related to specific employees or other matters related to 25
the Commission's internal personnel practices and procedures; 26
(c) Current, threatened, or reasonably anticipated litigation; 27
(d) Negotiation of contracts for the purchase, lease, or sale of 28
goods, services, or real estate; 29
(e) Accusing any person of a crime or formally censuring any 30
person; 31
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(f) Disclosure of trade secrets or commercial or financial 1
information that is privileged or confidential; 2
(g) Disclosure of information of a personal nature where 3
disclosure would constitute a clearly unwarranted invasion of personal privacy; 4
(h) Disclosure of investigative records compiled for law 5
enforcement purposes; 6
(i) Disclosure of information related to any investigative 7
reports prepared by or on behalf of or for use of the Commission or other 8
committee charged with responsibility of investigation or determination of 9
compliance issues pursuant to the Compact; or 10
(j) Matters specifically exempted from disclosure by federal or 11
Member State statute. 12
(3) If a meeting, or portion of a meeting, is closed pursuant to this 13
provision, the Commission's legal counsel or designee shall certify that the meeting 14
may be closed and shall reference each relevant exempting provision. 15
(4) The Commission shall keep minutes that fully and clearly describe 16
all matters discussed in a meeting and shall provide a full and accurate summary of 17
actions taken, and the reasons therefore, including a description of the views 18
expressed. All documents considered in connection with an action shall be identified 19
in such minutes. All minutes and documents of a closed meeting shall remain under 20
seal, subject to release by a majority vote of the Commission or order of a court of 21
competent jurisdiction. 22
(F) Financing of the Commission 23
(1) The Commission shall pay, or provide for the payment of, the 24
reasonable expenses of its establishment, organization, and ongoing activities. 25
(2) The Commission may accept any and all appropriate revenue 26
sources, donations, and grants of money, equipment, supplies, materials, and services. 27
(3) The Commission may levy on and collect an annual assessment 28
from each Member State or impose fees on other parties to cover the cost of the 29
operations and activities of the Commission and its staff, which must be in a total 30
amount sufficient to cover its annual budget as approved by the Commission each year 31
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for which revenue is not provided by other sources. The aggregate annual assessment 1
amount shall be allocated based upon a formula to be determined by the Commission, 2
which shall promulgate a Rule binding upon all Member States. 3
(4) The Commission shall not incur obligations of any kind prior to 4
securing the funds adequate to meet the same; nor shall the Commission pledge the 5
credit of any of the Member States, except by and with the authority of the Member 6
State. 7
(5) The Commission shall keep accurate accounts of all receipts and 8
disbursements. The receipts and disbursements of the Commission shall be subject to 9
the audit and accounting procedures established under its bylaws. However, all 10
receipts and disbursements of funds handled by the Commission shall be audited 11
yearly by a certified or licensed public accountant, and the report of the audit shall be 12
included in and become part of the annual report of the Commission. 13
(G) Qualified Immunity, Defense, and Indemnification 14
(1) The members, officers, executive director, employees and 15
representatives of the Commission shall be immune from suit and liability, either 16
personally or in their official capacity, for any claim for damage to or loss of property 17
or personal injury or other civil liability caused by or arising out of any actual or 18
alleged act, error or omission that occurred, or that the person against whom the claim 19
is made had a reasonable basis for believing occurred within the scope of Commission 20
employment, duties or responsibilities; provided that nothing in this paragraph shall be 21
construed to protect any such person from suit and/or liability for any damage, loss, 22
injury, or liability caused by the intentional or willful or wanton misconduct of that 23
person. 24
(2) The Commission shall defend any member, officer, executive 25
director, employee, or representative of the Commission in any civil action seeking to 26
impose liability arising out of any actual or alleged act, error, or omission that 27
occurred within the scope of Commission employment, duties, or responsibilities, or 28
that the person against whom the claim is made had a reasonable basis for believing 29
occurred within the scope of Commission employment, duties, or responsibilities; 30
provided that nothing herein shall be construed to prohibit that person from retaining 31
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his or her own counsel; and provided further, that the actual or alleged act, error, or 1
omission did not result from that person's intentional or willful or wanton misconduct. 2
(3) The Commission shall indemnify and hold harmless any member, 3
officer, executive director, employee, or representative of the Commission for the 4
amount of any settlement or judgment obtained against that person arising out of any 5
actual or alleged act, error or omission that occurred within the scope of Commission 6
employment, duties, or responsibilities, or that such person had a reasonable basis for 7
believing occurred within the scope of Commission employment, duties, or 8
responsibilities, provided that the actual or alleged act, error, or omission did not result 9
from the intentional or willful or wanton misconduct of that person. 10
SECTION 9. DATA SYSTEM 11
(A) The Commission shall provide for the development, maintenance, and 12
utilization of a coordinated database and reporting system containing licensure, 13
Adverse Action, and Investigative Information on all licensed individuals in Member 14
States. 15
(B) A Member State shall submit a uniform data set to the Data System on all 16
individuals to whom this Compact is applicable (utilizing a unique identifier) as 17
required by the Rules of the Commission, including: 18
(1) Identifying information; 19
(2) Licensure data; 20
(3) Adverse Actions against a license or Compact Privilege; 21
(4) Non-confidential information related to Alternative Program 22
participation; 23
(5) Any denial of application for licensure, and the reason(s) for such 24
denial; 25
(6) Other information that may facilitate the administration of this 26
Compact, as determined by the Rules of the Commission; and 27
(7) Current Significant Investigative Information. 28
(C) Current Significant Investigative Information and other Investigative 29
Information pertaining to a Licensee in any Member State will only be available to 30
other Member States. 31
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(D) The Commission shall promptly notify all Member States of any Adverse 1
Action taken against a Licensee or an individual applying for a license. Adverse 2
Action information pertaining to a Licensee in any Member State will be available to 3
any other Member State. 4
(E) Member States contributing information to the Data System may designate 5
information that may not be shared with the public without the express permission of 6
the contributing State. 7
(F) Any information submitted to the Data System that is subsequently 8
required to be expunged by the laws of the Member State contributing the information 9
shall be removed from the Data System. 10
SECTION 10. RULEMAKING 11
(A) The Commission shall exercise its Rulemaking powers pursuant to the 12
criteria set forth in this Section and the Rules adopted thereunder. Rules and 13
amendments shall become binding as of the date specified in each Rule or amendment. 14
(B) The Commission shall promulgate reasonable rules in order to effectively 15
and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, 16
in the event the Commission exercises its rulemaking authority in a manner that is 17
beyond the scope of the purposes of the Compact, or the powers granted hereunder, 18
then such an action by the Commission shall be invalid and have no force and effect. 19
(C) If a majority of the legislatures of the Member States rejects a Rule, by 20
enactment of a statute or resolution in the same manner used to adopt the Compact 21
within 4 years of the date of adoption of the Rule, then such Rule shall have no further 22
force and effect in any Member State. 23
(D) Rules or amendments to the Rules shall be adopted at a regular or special 24
meeting of the Commission. 25
(E) Prior to promulgation and adoption of a final Rule or Rules by the 26
Commission, and at least thirty (30) days in advance of the meeting at which the Rule 27
will be considered and voted upon, the Commission shall file a Notice of Proposed 28
Rulemaking: 29
(1) On the website of the Commission or other publicly accessible 30
platform; and 31
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(2) On the website of each Member State Occupational Therapy 1
Licensing Board or other publicly accessible platform or the publication in which each 2
State would otherwise publish proposed Rules. 3
(F) The Notice of Proposed Rulemaking shall include: 4
(1) The proposed time, date, and location of the meeting in which the 5
Rule will be considered and voted upon; 6
(2) The text of the proposed Rule or amendment and the reason for the 7
proposed Rule; 8
(3) A request for comments on the proposed Rule from any interested 9
person; and 10
(4) The manner in which interested persons may submit notice to the 11
Commission of their intention to attend the public hearing and any written comments. 12
(G) Prior to adoption of a proposed Rule, the Commission shall allow persons 13
to submit written data, facts, opinions, and arguments, which shall be made available 14
to the public. 15
(H) The Commission shall grant an opportunity for a public hearing before it 16
adopts a Rule or amendment if a hearing is requested by: 17
(1) At least twenty five (25) persons; 18
(2) A State or federal governmental subdivision or agency; or 19
(3) An association or organization having at least twenty five (25) 20
members. 21
(I) If a hearing is held on the proposed Rule or amendment, the Commission 22
shall publish the place, time, and date of the scheduled public hearing. If the hearing is 23
held via electronic means, the Commission shall publish the mechanism for access to 24
the electronic hearing. 25
(1) All persons wishing to be heard at the hearing shall notify the 26
executive director of the Commission or other designated member in writing of their 27
desire to appear and testify at the hearing not less than five (5) business days before 28
the scheduled date of the hearing. 29
(2) Hearings shall be conducted in a manner providing each person 30
who wishes to comment a fair and reasonable opportunity to comment orally or in 31
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writing. 1
(3) All hearings will be recorded. A copy of the recording will be made 2
available on request. 3
(4) Nothing in this section shall be construed as requiring a separate 4
hearing on each Rule. Rules may be grouped for the convenience of the Commission 5
at hearings required by this section. 6
(J) Following the scheduled hearing date, or by the close of business on the 7
scheduled hearing date if the hearing was not held, the Commission shall consider all 8
written and oral comments received. 9
(K) If no written notice of intent to attend the public hearing by interested 10
parties is received, the Commission may proceed with promulgation of the proposed 11
Rule without a public hearing. 12
(L) The Commission shall, by majority vote of all members, take final action 13
on the proposed Rule and shall determine the effective date of the Rule, if any, based 14
on the Rulemaking record and the full text of the Rule. 15
(M) Upon determination that an emergency exists, the Commission may 16
consider and adopt an emergency Rule without prior notice, opportunity for comment, 17
or hearing, provided that the usual Rulemaking procedures provided in the Compact 18
and in this section shall be retroactively applied to the Rule as soon as reasonably 19
possible, in no event later than ninety (90) days after the effective date of the Rule. For 20
the purposes of this provision, an emergency Rule is one that must be adopted 21
immediately in order to: 22
(1) Meet an imminent threat to public health, safety, or welfare; 23
(2) Prevent a loss of Commission or Member State funds; 24
(3) Meet a deadline for the promulgation of an administrative Rule that 25
is established by federal law or Rule; or 26
(4) Protect public health and safety. 27
(N) The Commission or an authorized committee of the Commission may 28
direct revisions to a previously adopted Rule or amendment for purposes of correcting 29
typographical errors, errors in format, errors in consistency, or grammatical errors. 30
Public notice of any revisions shall be posted on the website of the Commission. The 31
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revision shall be subject to challenge by any person for a period of thirty (30) days 1
after posting. The revision may be challenged only on grounds that the revision results 2
in a material change to a Rule. A challenge shall be made in writing and delivered to 3
the chair of the Commission prior to the end of the notice period. If no challenge is 4
made, the revision will take effect without further action. If the revision is challenged, 5
the revision may not take effect without the approval of the Commission. 6
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 7
(A) Oversight 8
(1) The executive, legislative, and judicial branches of State 9
government in each Member State shall enforce this Compact and take all actions 10
necessary and appropriate to effectuate the Compact's purposes and intent. The 11
provisions of this Compact and the Rules promulgated hereunder shall have standing 12
as statutory law. 13
(2) All courts shall take judicial notice of the Compact and the Rules in 14
any judicial or administrative proceeding in a Member State pertaining to the subject 15
matter of this Compact which may affect the powers, responsibilities, or actions of the 16
Commission. 17
(3) The Commission shall be entitled to receive service of process in 18
any such proceeding, and shall have standing to intervene in such a proceeding for all 19
purposes. Failure to provide service of process to the Commission shall render a 20
judgment or order void as to the Commission, this Compact, or promulgated Rules. 21
(B) Default, Technical Assistance, and Termination 22
(1) If the Commission determines that a Member State has defaulted in 23
the performance of its obligations or responsibilities under this Compact or the 24
promulgated Rules, the Commission shall: 25
(a) Provide written notice to the defaulting State and other 26
Member States of the nature of the default, the proposed means of curing the 27
default and/or any other action to be taken by the Commission; and 28
(b) Provide remedial training and specific technical assistance 29
regarding the default. 30
(2) If a State in default fails to cure the default, the defaulting State 31
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may be terminated from the Compact upon an affirmative vote of a majority of the 1
Member States, and all rights, privileges and benefits conferred by this Compact may 2
be terminated on the effective date of termination. A cure of the default does not 3
relieve the offending State of obligations or liabilities incurred during the period of 4
default. 5
(3) Termination of membership in the Compact shall be imposed only 6
after all other means of securing compliance have been exhausted. Notice of intent to 7
suspend or terminate shall be given by the Commission to the governor, the majority 8
and minority leaders of the defaulting State's legislature, and each of the Member 9
States. 10
(4) A State that has been terminated is responsible for all assessments, 11
obligations, and liabilities incurred through the effective date of termination, including 12
obligations that extend beyond the effective date of termination. 13
(5) The Commission shall not bear any costs related to a State that is 14
found to be in default or that has been terminated from the Compact, unless agreed 15
upon in writing between the Commission and the defaulting State. 16
(6) The defaulting State may appeal the action of the Commission by 17
petitioning the U.S. District Court for the District of Columbia or the federal district 18
where the Commission has its principal offices. The prevailing member shall be 19
awarded all costs of such litigation, including reasonable attorney's fees. 20
(C) Dispute Resolution 21
(1) Upon request by a Member State, the Commission shall attempt to 22
resolve disputes related to the Compact that arise among Member States and between 23
member and non-Member States. 24
(2) The Commission shall promulgate a Rule providing for both 25
mediation and binding dispute resolution for disputes as appropriate. 26
(D) Enforcement 27
(1) The Commission, in the reasonable exercise of its discretion, shall 28
enforce the provisions and Rules of this Compact. 29
(2) By majority vote, the Commission may initiate legal action in the 30
United States District Court for the District of Columbia or the federal district where 31
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the Commission has its principal offices against a Member State in default to enforce 1
compliance with the provisions of the Compact and its promulgated Rules and bylaws. 2
The relief sought may include both injunctive relief and damages. In the event judicial 3
enforcement is necessary, the prevailing member shall be awarded all costs of such 4
litigation, including reasonable attorney's fees. 5
(3) The remedies herein shall not be the exclusive remedies of the 6
Commission. The Commission may pursue any other remedies available under federal 7
or State law. 8
SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE 9
COMMISSION FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED 10
RULES, WITHDRAWAL, AND AMENDMENT 11
(A) The Compact shall come into effect on the date on which the Compact 12
statute is enacted into law in the tenth Member State. The provisions, which become 13
effective at that time, shall be limited to the powers granted to the Commission 14
relating to assembly and the promulgation of Rules. Thereafter, the Commission shall 15
meet and exercise Rulemaking powers necessary to the implementation and 16
administration of the Compact. 17
(B) Any State that joins the Compact subsequent to the Commission's initial 18
adoption of the Rules shall be subject to the Rules as they exist on the date on which 19
the Compact becomes law in that State. Any Rule that has been previously adopted by 20
the Commission shall have the full force and effect of law on the day the Compact 21
becomes law in that State. 22
(C) Any Member State may withdraw from this Compact by enacting a statute 23
repealing the same. 24
(1) A Member State's withdrawal shall not take effect until six (6) 25
months after enactment of the repealing statute. 26
(2) Withdrawal shall not affect the continuing requirement of the 27
withdrawing State's Occupational Therapy Licensing Board to comply with the 28
investigative and Adverse Action reporting requirements of this act prior to the 29
effective date of withdrawal. 30
(D) Nothing contained in this Compact shall be construed to invalidate or 31
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prevent any Occupational Therapy licensure agreement or other cooperative 1
arrangement between a Member State and a non-Member State that does not conflict 2
with the provisions of this Compact. 3
(E) This Compact may be amended by the Member States. No amendment to 4
this Compact shall become effective and binding upon any Member State until it is 5
enacted into the laws of all Member States. 6
SECTION 13. CONSTRUCTION AND SEVERABILITY 7
This Compact shall be liberally construed so as to effectuate the purposes 8
thereof. The provisions of this Compact shall be severable and if any phrase, clause, 9
sentence or provision of this Compact is declared to be contrary to the constitution of 10
any Member State or of the United States or the applicability thereof to any 11
government, agency, person, or circumstance is held invalid, the validity of the 12
remainder of this Compact and the applicability thereof to any government, agency, 13
person, or circumstance shall not be affected thereby. If this Compact shall be held 14
contrary to the constitution of any Member State, the Compact shall remain in full 15
force and effect as to the remaining Member States and in full force and effect as to 16
the Member State affected as to all severable matters. 17
SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS 18
(A) A Licensee providing Occupational Therapy in a Remote State under the 19
Compact Privilege shall function within the laws and regulations of the Remote State. 20
(B) Nothing herein prevents the enforcement of any other law of a Member 21
State that is not inconsistent with the Compact. 22
(C) Any laws in a Member State in conflict with the Compact are superseded 23
to the extent of the conflict. 24
(D) Any lawful actions of the Commission, including all Rules and bylaws 25
promulgated by the Commission, are binding upon the Member States. 26
(E) All agreements between the Commission and the Member States are 27
binding in accordance with their terms. 28
(F) In the event any provision of the Compact exceeds the constitutional limits 29
imposed on the legislature of any Member State, the provision shall be ineffective to 30
the extent of the conflict with the constitutional provision in question in that Member 31
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State. 1
* Sec. 9. AS 08.84.190(3) is amended to read: 2
(3) "occupational therapy" means [, FOR COMPENSATION,] the use 3
of purposeful activity, evaluation, treatment, and consultation with persons [HUMAN 4
BEINGS] whose ability to cope with the tasks of daily living are threatened with [,] or 5
impaired by developmental deficits, learning disabilities, aging, poverty, cultural 6
differences, physical injury or illness, or psychological and social disabilities to 7
maximize independence, prevent disability, and maintain health; ["OCCUPATIONAL 8
THERAPY" INCLUDES 9
(A) DEVELOPING DAILY LIVING, PLAY, LEISURE, 10
SOCIAL, AND DEVELOPMENTAL SKILLS; 11
(B) FACILITATING PERCEPTUAL -MOTOR AND 12
SENSORY INTERGRATIVE FUNCTIONING; 13
(C) ENHANCING FUNCTIONAL PERFORMANCE, 14
PREVOCATIONAL SKILLS, AND WORK CAPABILITIES USING 15
SPECIFICALLY DESIGNED EXERCISES, THERAPEUTIC ACTIVITIES 16
AND MEASURES, MANUAL INTERVENTION, AND APPLIANCES; 17
(D) DESIGN, FABRICATION, AND APPLICATION OF 18
SPLINTS OR SELECTIVE ADAPTIVE EQUIPMENT; 19
(E) ADMINISTERING AND INTERPRETING 20
STANDARDIZED AND NONSTANDARDIZED ASSESSMENTS, 21
INCLUDING SENSORY, MANUAL MUSCLE, AND RANGE OF MOTION 22
ASSESSMENTS, NECESSARY FOR PLANNING EFFECTIVE 23
TREATMENT; AND 24
(F) ADAPTING ENVIRONMENTS FOR THE DISABLED;] 25
* Sec. 10. AS 08.84.190(4) is amended to read: 26
(4) "occupational therapy assistant" means a person who , [ASSISTS 27
IN THE PRACTICE OF OCCUPATIONAL THERAPY] under the supervision of a 28
licensed [AN] occupational therapist , administers or assists with administering 29
occupational therapy; 30
* Sec. 11. AS 08.84.190 is amended by adding a new paragraph to read: 31
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(8) "test and measurement" includes imaging, electrodiagnostic and 1
electrophysiological methods or techniques, and other methods or techniques 2
generally accepted by the physical therapist or occupational therapist professions in 3
the state for use in obtaining information about a patient in order to administer 4
therapy. 5
* Sec. 12. AS 12.62.400(a)(4) is amended to read: 6
(4) licensure to practice audiology or speech-language pathology under 7
AS 08.11, including a compact privilege to practice as an audiologist or speech-8
language pathologist under AS 08.11.300; 9
* Sec. 13. AS 12.62.400(a)(10) is amended to read: 10
(10) licensure as a physical therapist, physical therapist assistant, 11
occupational therapist, or occupational therapy assistant under AS 08.84, including a 12
compact privilege to practice as a physical therapist or physical therapist 13
assistant under AS 08.84.188 or an occupational therapist or occupational 14
therapy assistant under AS 08.84.189; 15
* Sec. 14. AS 39.25.120(c)(7) is amended to read: 16
(7) the principal executive officer of the following boards, councils, or 17
commissions: 18
(A) Alaska Public Broadcasting Commission; 19
(B) Professional Teaching Practices Commission; 20
(C) Parole Board; 21
(D) Board of Nursing; 22
(E) Real Estate Commission; 23
(F) Alaska Royalty Oil and Gas Development Advisory Board; 24
(G) Alaska State Council on the Arts; 25
(H) Alaska Police Standards Council; 26
(I) Alaska Commission on Aging; 27
(J) Alaska Mental Health Board; 28
(K) State Medical Board; 29
(L) Governor's Council on Disabilities and Special Education; 30
(M) Advisory Board on Alcoholism and Drug Abuse; 31
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(N) Statewide Suicide Prevention Council; 1
(O) State Board of Registration for Architects, Engineers, and 2
Land Surveyors; 3
(P) Alaska Health Care Commission; 4
(Q) Board of Pharmacy; 5
(R) State Physical Therapy and Occupational Therapy 6
Board; 7