OCCUPATIONAL THERAPY LICENSURE COMPACT

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SENATE BILL NO. 172

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - FIRST SESSION

BY THE SENATE LABOR AND COMMERCE COMMITTEE

Introduced: 4/14/25
Referred: Labor and Commerce, Finance

A BILL

FOR AN ACT ENTITLED

"An Act relating to occupational therapist licensure; relating to occupational therapy 1
assistant licensure; and relating to an occupational therapist licensure compact." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 08.84.010(b) is amended to read: 4
(b) The board shall control all matters pertaining to the lice nsing of physical 5
therapists, physical therapist a ssistants, occupational therapi sts, and occupational 6
therapy assistants and the practice of physical therapy and the practice of occupational 7
therapy. The board shall 8
(1) pass upon the qualifications of applicants; 9
(2) provide for the examination of applicants; 10
(3) issue temporary permits and licenses to persons qualified under this 11
chapter; 12
(4) suspend, revoke, or refuse to issue or renew a license und er 13
AS 08.84.120; 14
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(5) keep a current register listing the name, business address , date, and 1
number of the license of each person who is licensed to practice under this chapter; 2
(6) adopt regulations under AS 44.62 (Administrative Procedure Act) 3
necessary to carry out the purposes of this chapter, including regulations establishing 4
qualifications for licensure and renewal of licensure under this chapter; 5
(7) implement the Interstate Ph ysical Therapy Licensure Compac t 6
enacted by [UNDER] AS 08.84.188 and the Occupational Therapy Licensure 7
Compact enacted by AS 08.84.189. 8
* Sec. 2. AS 08.84.150(b) is amended to read: 9
(b) A person may not provide services that the person describe s as 10
occupational therapy without being licensed under this chapter unless the person is 11
(1) a student in an accredited occupational therapy program or i n a 12
supervised field work program; 13
(2) a graduate of a foreign school of occupational therapy ful filling the 14
internship requirement of AS 08.84.032, and then only unless un der the continuous 15
direction and immediate supervision of an occupational therapist; 16
(3) an occupational therapist or occupational therapy assistan t 17
employed by the United States government while in the discharge of official duties; 18
(4) granted a limited permit under AS 08.84.075; 19
(5) licensed under this title a nd uses occupational therapy sk ills in the 20
practice of the profession for which the license is issued; [OR] 21
(6) employed as a teacher or teacher's aide by an educational 22
institution and is required to use occupational therapy skills during the course of 23
employment, if 24
(A) the occupational therapy skills are used under a program 25
implemented by the employer and de veloped by a licensed occupat ional 26
therapist; 27
(B) the employer maintains direct supervision of the person's 28
use of occupational therapy skills; and 29
(C) the person does not represent to 30
(i) be an occupational therap ist or occupational therapy 31
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assistant; and 1
(ii) practice occupational therapy; or 2
(7) granted a compact privilege under AS 08.84.189. 3
* Sec. 3. AS 08.84 is amended by adding a new section to read: 4
Article 4A. Occupational Therapy Licensure Compact. 5
Sec. 08.84.189. Compact enacted. The Occupational Therapy Licensure 6
Compact as contained in this sec tion is enacted into law and en tered into on behalf of 7
the state with all other states a nd jurisdictions legally joining it in a form substantially 8
as follows: 9
SECTION 1. PURPOSE 10
The purpose of this Compact is to facilitate interstate practic e of Occupational 11
Therapy with the goal of improving public access to Occupationa l Therapy services. 12
The Practice of Occupational Therapy occurs in the State where the patient/client is 13
located at the time of the patie nt/client encounter. The Compac t preserves the 14
regulatory authority of States to protect public health and saf ety through the current 15
system of State licensure. 16
This Compact is designed to achieve the following objectives: 17
(A) Increase public access to Occupational Therapy services by providing for 18
the mutual recognition of other Member State licenses; 19
(B) Enhance the States' ability to protect the public's health and safety; 20
(C) Encourage the cooperation of Member States in regulating m ulti-State 21
Occupational Therapy Practice; 22
(D) Support spouses of relocating military members; 23
(E) Enhance the exchange of lic ensure, investigative, and disc iplinary 24
information between Member States; 25
(F) Allow a Remote State to hol d a provider of services with a Compact 26
Privilege in that State accountable to that State's practice standards; and 27
(G) Facilitate the use of Telehealth technology in order to in crease access to 28
Occupational Therapy services. 29
SECTION 2. DEFINITIONS 30
As used in this Compact, and except as otherwise provided, the following 31
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definitions shall apply: 1
(A) "Active Duty Military" means full-time duty status in the active 2
uniformed service of the United States, including members of th e National Guard and 3
Reserve on active duty orders pur suant to 10 U.S.C. Chapter 120 9 and 10 U.S.C. 4
Chapter 1211. 5
(B) "Adverse Action" means any administrative, civil, equitabl e, or criminal 6
action permitted by a State's laws which is imposed by a Licens ing Board or other 7
authority against an Occupational Therapist or Occupational The rapy Assistant, 8
including actions against an individual's license or Compact Pr ivilege such as censure, 9
revocation, suspension, probation, monitoring of the Licensee, or restriction on the 10
Licensee's practice. 11
(C) "Alternative Program" means a non-disciplinary monitoring process 12
approved by an Occupational Therapy Licensing Board. 13
(D) "Compact Privilege" means the authorization, which is equi valent to a 14
license, granted by a Remote State to allow a Licensee from ano ther Member State to 15
practice as an Occupational Therapist or practice as an Occupat ional Therapy 16
Assistant in the Remote State under its laws and rules. The Pra ctice of Occupational 17
Therapy occurs in the Member State where the patient/client is located at the time of 18
the patient/client encounter. 19
(E) "Continuing Competence/Educ ation" means a requirement, as a condition 20
of license renewal, to provide e vidence of participation in, an d/or completion of, 21
educational and professional activities relevant to practice or area of work. 22
(F) "Current Significant Investigative Information" means Inve stigative 23
Information that a Licensing Board, after an inquiry or investi gation that includes 24
notification and an opportunity f or the Occupational Therapist or Occupational 25
Therapy Assistant to respond, if r equired by State law, has rea son to believe is not 26
groundless and, if proved true, would indicate more than a minor infraction. 27
(G) "Data System" means a repository of information about Lice nsees, 28
including but not limited to license status, Investigative Info rmation, Compact 29
Privileges, and Adverse Actions. 30
(H) "Encumbered License" means a license in which an Adverse A ction 31
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restricts the Practice of Occupational Therapy by the Licensee or said Adverse Action 1
has been reported to the National Practitioner Data Bank (NPDB). 2
(I) "Executive Committee" means a group of directors elected o r appointed to 3
act on behalf of, and within the powers granted to them by, the Commission. 4
(J) "Home State" means the Member State that is the Licensee's Primary State 5
of Residence. 6
(K) "Impaired Practitioner" means individuals whose profession al practice is 7
adversely affected by substance abuse, addiction, or other health-related conditions. 8
(L) "Investigative Information" means information, records, an d/or documents 9
received or generated by an Occupational Therapy Licensing Boar d pursuant to an 10
investigation. 11
(M) "Jurisprudence Requirement" means the assessment of an ind ividual's 12
knowledge of the laws and rules g overning the Practice of Occup ational Therapy in a 13
State. 14
(N) "Licensee" means an individual who currently holds an authorization from 15
the State to practice as an Occupational Therapist or as an Occ upational Therapy 16
Assistant. 17
(O) "Member State" means a State that has enacted the Compact. 18
(P) "Occupational Therapist" mea ns an individual who is licens ed by a State 19
to practice Occupational Therapy. 20
(Q) "Occupational Therapy Assistant" means an individual who i s licensed by 21
a State to assist in the Practice of Occupational Therapy. 22
(R) "Occupational Therapy," "Occupational Therapy Practice," a nd the 23
"Practice of Occupational Therapy" mean the care and services p rovided by an 24
Occupational Therapist or an Occupational Therapy Assistant as set forth in the 25
Member State's statutes and regulations. 26
(S) "Occupational Therapy Compact Commission" or "Commission" means 27
the national administrative body whose membership consists of a ll States that have 28
enacted the Compact. 29
(T) "Occupational Therapy Licensing Board" or "Licensing Board " means the 30
agency of a State that is authorized to license and regulate Oc cupational Therapists 31
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and Occupational Therapy Assistants. 1
(U) "Primary State of Residenc e" means the state (also known a s the Home 2
State) in which an Occupational Therapist or Occupational Thera py Assistant who is 3
not Active Duty Military declares a primary residence for legal purposes as verified 4
by: driver's license, federal income tax return, lease, deed, m ortgage or voter 5
registration or other verifying documentation as further defined by Commission Rules. 6
(V) "Remote State" means a Member State other than the Home State, where a 7
Licensee is exercising or seeking to exercise the Compact Privilege. 8
(W) "Rule" means a regulation promulgated by the Commission th at has the 9
force of law. 10
(X) "State" means any state, commonwealth, district, or territ ory of the United 11
States of America that regulates the Practice of Occupational Therapy. 12
(Y) "Single-State License" means an Occupational Therapist or Occupational 13
Therapy Assistant license issued by a Member State that authori zes practice only 14
within the issuing State and doe s not include a Compact Privile ge in any other 15
Member State. 16
(Z) "Telehealth" means the application of telecommunication te chnology to 17
deliver Occupational Therapy services for assessment, intervent ion and/or 18
consultation. 19
SECTION 3. STATE PARTICIPATION IN THE COMPACT 20
(A) To participate in the Compact, a Member State shall: 21
(1) License Occupational Therapists and Occupational Therapy 22
Assistants; 23
(2) Participate fully in the Commission's Data System, includi ng but 24
not limited to using the Commission's unique identifier as defi ned in Rules of the 25
Commission; 26
(3) Have a mechanism in place for receiving and investigating 27
complaints about Licensees; 28
(4) Notify the Commission, in compliance with the terms of the 29
Compact and Rules, of any Adverse Action or the availability of Investigative 30
Information regarding a Licensee; 31
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(5) Implement or utilize procedures for considering the crimin al 1
history records of applicants for an initial Compact Privilege. These procedures shall 2
include the submission of fingerp rints or other biometric-based information by 3
applicants for the purpose of obtaining an applicant's criminal history record 4
information from the Federal Bureau of Investigation and the ag ency responsible for 5
retaining that State's criminal records; 6
(a) A Member State shall, within a time frame established by 7
the Commission, require a criminal background check for a Licen see 8
seeking/applying for a Compact Privilege whose Primary State of Residence is 9
that Member State, by receiving the results of the Federal Bure au of 10
Investigation criminal record search, and shall use the results in making 11
licensure decisions. 12
(b) Communication between a M ember State, the Commission 13
and among Member States regarding the verification of eligibili ty for licensure 14
through the Compact shall not inc lude any information received from the 15
Federal Bureau of Investigation relating to a federal criminal records check 16
performed by a Member State under Public Law 92-544. 17
(6) Comply with the Rules of the Commission; 18
(7) Utilize only a recognized national examination as a requirement for 19
licensure pursuant to the Rules of the Commission; and 20
(8) Have Continuing Competence/ Education requirements as a 21
condition for license renewal. 22
(B) A Member State shall grant the Compact Privilege to a Lice nsee holding a 23
valid unencumbered license in anot her Member State in accordanc e with the terms of 24
the Compact and Rules. 25
(C) Member States may charge a fee for granting a Compact Privilege. 26
( D ) A M e m b e r S t a t e s h a l l p r o v i d e f o r t h e S t a t e ' s d e l e g a t e t o attend all 27
Occupational Therapy Compact Commission meetings. 28
(E) Individuals not residing in a Member State shall continue to be able to 29
apply for a Member State's Sin gle-State License as provided und er the laws of each 30
Member State. However, the Singl e-State License granted to thes e individuals shall 31
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not be recognized as granting the Compact Privilege in any other Member State. 1
( F ) N o t h i n g i n t h i s C o m p a c t s h all affect the requirements esta blished by a 2
Member State for the issuance of a Single-State License. 3
SECTION 4. COMPACT PRIVILEGE 4
(A) To exercise the Compact Privilege under the terms and prov isions of the 5
Compact, the Licensee shall: 6
(1) Hold a license in the Home State; 7
(2) Have a valid United States Social Security Number or Natio nal 8
Practitioner Identification number; 9
(3) Have no encumbrance on any State license; 10
(4) Be eligible for a Compact Privilege in any Member State in 11
accordance with Section 4D, F, G, and H; 12
(5) Have paid all fines and completed all requirements resulti ng from 13
any Adverse Action against any license or Compact Privilege, an d two years have 14
elapsed from the date of such completion; 15
(6) Notify the Commission that the Licensee is seeking the Com pact 16
Privilege within a Remote State(s); 17
(7) Pay any applicable fees, including any State fee, for the Compact 18
Privilege; 19
(8) Complete a criminal background check in accordance with Se ction 20
3A(5); 21
(a) The Licensee shall be responsible for the payment of any 22
fee associated with the completion of a criminal background check. 23
(9) Meet any Jurisprudence Requi rements established by the Rem ote 24
State(s) in which the Licensee is seeking a Compact Privilege; and 25
(10) Report to the Commission A dverse Action taken by any non-26
Member State within 30 days from the date the Adverse Action is taken. 27
(B) The Compact Privilege is valid until the expiration date o f the Home State 28
license. The Licensee must comply with the requirements of Sect ion 4A to maintain 29
the Compact Privilege in the Remote State. 30
(C) A Licensee providing Occupa tional Therapy in a Remote Stat e under the 31
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Compact Privilege shall function within the laws and regulations of the Remote State. 1
(D) Occupational Therapy Assistants practicing in a Remote Sta te shall be 2
supervised by an Occupational Therapist licensed or holding a C ompact Privilege in 3
that Remote State. 4
(E) A Licensee providing Occupational Therapy in a Remote Stat e is subject 5
to that State's regulatory authority. A Remote State may, in ac cordance with due 6
process and that State's laws, remove a Licensee's Compact Priv ilege in the Remote 7
State for a specific period of time, impose fines, and/or take any other necessary 8
actions to protect the health a nd safety of its citizens. The L icensee may be ineligible 9
for a Compact Privilege in any State until the specific time for removal has passed and 10
all fines are paid. 11
(F) If a Home State license is encumbered, the Licensee shall lose the 12
Compact Privilege in any Remote State until the following occur: 13
(1) The Home State license is no longer encumbered; and 14
(2) Two years have elapsed from the date on which the Home Sta te 15
license is no longer encumbered in accordance with Section 4F(1). 16
(G) Once an Encumbered License i n the Home State is restored t o good 17
standing, the Licensee must meet the requirements of Section 4A to obtain a Compact 18
Privilege in any Remote State. 19
(H) If a Licensee's Compact Privilege in any Remote State is r emoved, the 20
individual may lose the Compact Privilege in any other Remote S tate until the 21
following occur: 22
(1) The specific period of time for which the Compact Privileg e was 23
removed has ended; 24
(2) All fines have been paid and all conditions have been met; 25
(3) Two years have elapsed from the date of completing require ments 26
for Section 4H(1) and (2); and 27
(4) The Compact Privileges are reinstated by the Commission, a nd the 28
compact Data System is updated to reflect reinstatement. 29
(I) If a Licensee's Compact Privilege in any Remote State is r emoved due to 30
an erroneous charge, privileges shall be restored through the compact Data System. 31
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(J) Once the requirements of Sec tion 4H have been met, the Lic ensee must 1
meet the requirements in Section 4A to obtain a Compact Privilege in a Remote State. 2
SECTION 5. OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF 3
COMPACT PRIVILEGE 4
(A) An Occupational Therapist or Occupational Therapy Assistan t may hold a 5
Home State license, which allows for Compact Privileges in Memb er States, in only 6
one Member State at a time. 7
(B) If an Occupational Therapist or Occupational Therapy Assis tant changes 8
Primary State of Residence by moving between two Member States: 9
(1) The Occupational Therapist or Occupational Therapy Assista nt 10
shall file an application for obtaining a new Home State licens e by virtue of a 11
Compact Privilege, pay all applicable fees, and notify the curr ent and new Home State 12
in accordance with applicable Rules adopted by the Commission. 13
(2) Upon receipt of an application for obtaining a new Home St ate 14
license by virtue of compact privilege, the new Home State shal l verify that the 15
Occupational Therapist or Occupational Therapy Assistant meets the pertinent criteria 16
outlined in Section 4 via the Data System, without need for pri mary source 17
verification except for: 18
(a) an FBI fingerprint based criminal background check if not 19
previously performed or updated pursuant to applicable Rules ad opted by the 20
Commission in accordance with Public Law 92-544; 21
(b) other criminal background check as required by the new 22
Home State; and 23
(c) submission of any requisite Jurisprudence Requirements of 24
the new Home State. 25
(3) The former Home State shall convert the former Home State 26
license into a Compact Privilege once the new Home State has ac t i v a t e d t h e n e w 27
Home State license in accordance with applicable Rules adopted by the Commission. 28
(4) Notwithstanding any other provision of this Compact, if th e 29
Occupational Therapist or Occupa tional Therapy Assistant cannot meet the criteria in 30
Section 4, the new Home State shall apply its requirements for issuing a new Single-31
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State License. 1
(5) The Occupational Therapist or the Occupational Therapy Ass istant 2
shall pay all applicable fees to the new Home State in order to be issued a new Home 3
State license. 4
(C) If an Occupational Therapist or Occupational Therapy Assis tant changes 5
Primary State of Residence by moving from a Member State to a n on-Member State, 6
or from a non-Member State to a Member State, the State criteri a shall apply for 7
issuance of a Single-State License in the new State. 8
(D) Nothing in this compact shall interfere with a Licensee's ability to hold a 9
Single-State License in multiple States; however, for the purpo ses of this compact, a 10
Licensee shall have only one Home State license. 11
(E) Nothing in this Compact sha ll affect the requirements esta blished by a 12
Member State for the issuance of a Single-State License. 13
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 14
(A) Active Duty Military personnel, or their spouses, shall de signate a Home 15
State where the individual has a current license in good standi ng. The individual may 16
retain the Home State designation during the period the service member is on active 17
duty. Subsequent to designating a Home State, the individual sh all only change their 18
Home State through application for licensure in the new State o r through the process 19
described in Section 5. 20
SECTION 7. ADVERSE ACTIONS 21
(A) A Home State shall have exc lusive power to impose Adverse Action 22
against an Occupational Therapist's or Occupational Therapy Assistant's license issued 23
by the Home State. 24
(B) In addition to the other pow ers conferred by State law, a Remote State 25
shall have the authority, in accordance with existing State due process law, to: 26
(1) Take Adverse Action against an Occupational Therapist's or 27
Occupational Therapy Assistant's Compact Privilege within that Member State. 28
(2) Issue subpoenas for both hearings and investigations that require 29
the attendance and testimony of witnesses as well as the produc tion of evidence. 30
Subpoenas issued by a Licensing Bo ard in a Member State for the attendance and 31
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testimony of witnesses or the production of evidence from another Member State shall 1
be enforced in the latter State by any court of competent juris diction, according to the 2
practice and procedure of that court applicable to subpoenas is sued in proceedings 3
pending before it. The issuing au thority shall pay any witness fees, travel expenses, 4
mileage and other fees required by the service statutes of the State in which the 5
witnesses or evidence are located. 6
(C) For purposes of taking Adverse Action, the Home State shal l give the 7
same priority and effect to reported conduct received from a Member State as it would 8
if the conduct had occurred within the Home State. In so doing, the Home State shall 9
apply its own State laws to determine appropriate action. 10
(D) The Home State shall comple te any pending investigations o f an 11
Occupational Therapist or Occupational Therapy Assistant who changes Primary State 12
of Residence during the course of the investigations. The Home State, where the 13
investigations were initiated, shall also have the authority to take appropriate action(s) 14
and shall promptly report the c onclusions of the investigations to the OT Compact 15
Commission Data System. The Occupational Therapy Compact Commis sion Data 16
System administrator shall promptly notify the new Home State o f any Adverse 17
Actions. 18
(E) A Member State, if otherwise permitted by State law, may r ecover from 19
the affected Occupational Therapist or Occupational Therapy Ass istant the costs of 20
investigations and disposition of cases resulting from any Adve rse Action taken 21
against that Occupational Therapist or Occupational Therapy Assistant. 22
(F) A Member State may take Adverse Action based on the factua l findings of 23
the Remote State, provided that the Member State follows its ow n procedures for 24
taking the Adverse Action. 25
(G) Joint Investigations 26
(1) In addition to the authority granted to a Member State by its 27
respective State Occupational Therapy laws and regulations or o ther applicable State 28
law, any Member State may participate with other Member States in joint 29
investigations of Licensees. 30
(2) Member States shall share any investigative, litigation, o r 31
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compliance materials in further ance of any joint or individual investigation initiated 1
under the Compact. 2
(H) If an Adverse Action is taken by the Home State against an Occupational 3
Therapist's or Occupational Therapy Assistant's license, the Oc cupational Therapist's 4
or Occupational Therapy Assistant's Compact Privilege in all ot her Member States 5
shall be deactivated until all encumbrances have been removed f rom the State license. 6
All Home State disciplinary orders that impose Adverse Action a gainst an 7
Occupational Therapist's or Occ upational Therapy Assistant's li cense shall include a 8
Statement that the Occupational Therapist's or Occupational The rapy Assistant's 9
Compact Privilege is deactivated in all Member States during th e pendency of the 10
order. 11
(I) If a Member State takes Adverse Action, it shall promptly notify the 12
administrator of the Data System. The administrator of the Data System shall promptly 13
notify the Home State of any Adverse Actions by Remote States. 14
(J) Nothing in this Compact shall override a Member State's de cision that 15
participation in an Alternative Program may be used in lieu of Adverse Action. 16
SECTION 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY 17
COMPACT COMMISSION 18
(A) The Compact Member States hereby create and establish a jo int public 19
agency known as the Occupational Therapy Compact Commission: 20
(1) The Commission is an instrumentality of the Compact States. 21
(2) Venue is proper and judicial proceedings by or against the 22
Commission shall be brought solely and exclusively in a court o f competent 23
jurisdiction where the principal office of the Commission is lo cated. The Commission 24
may waive venue and jurisdictional defenses to the extent it ad opts or consents to 25
participate in alternative dispute resolution proceedings. 26
(3) Nothing in this Compact shall be construed to be a waiver of 27
sovereign immunity. 28
(B) Membership, Voting, and Meetings 29
(1) Each Member State shall have and be limited to one (1) del egate 30
selected by that Member State's Licensing Board. 31
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(2) The delegate shall be either: 1
(a) A current member of the Licensing Board, who is an 2
Occupational Therapist, Occupational Therapy Assistant, or public member; or 3
(b) An administrator of the Licensing Board. 4
(3) Any delegate may be removed or suspended from office as 5
provided by the law of the State from which the delegate is appointed. 6
(4) The Member State board shall fill any vacancy occurring in the 7
Commission within 90 days. 8
(5) Each delegate shall be entitled to one (1) vote with regar d to the 9
promulgation of Rules and creation of bylaws and shall otherwise have an opportunity 10
to participate in the business and affairs of the Commission. A delegate shall vote in 11
person or by such other means as provided in the bylaws. The by laws may provide for 12
delegates' participation in meetings by telephone or other means of communication. 13
(6) The Commission shall meet at least once during each calend ar 14
year. Additional meetings shall be held as set forth in the bylaws. 15
(7) The Commission shall establish by Rule a term of office fo r 16
delegates. 17
(C) The Commission shall have the following powers and duties: 18
(1) Establish a Code of Ethics for the Commission; 19
(2) Establish the fiscal year of the Commission; 20
(3) Establish bylaws; 21
(4) Maintain its financial records in accordance with the bylaws; 22
(5) Meet and take such actions a s are consistent with the prov isions of 23
this Compact and the bylaws; 24
(6) Promulgate uniform Rules to facilitate and coordinate 25
implementation and administration of this Compact. The Rules sh all have the force 26
and effect of law and shall be binding in all Member States; 27
(7) Bring and prosecute legal proceedings or actions in the na me of the 28
Commission, provided that the sta nding of any State Occupationa l Therapy Licensing 29
Board to sue or be sued under applicable law shall not be affected; 30
(8) Purchase and maintain insurance and bonds; 31
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(9) Borrow, accept, or contract for services of personnel, including, but 1
not limited to, employees of a Member State; 2
(10) Hire employees, elect or a ppoint officers, fix compensati on, 3
define duties, grant such indi viduals appropriate authority to carry out the purposes of 4
the Compact, and establish the Commission's personnel policies and programs relating 5
to conflicts of interest, qualifications of personnel, and other related personnel matters; 6
(11) Accept any and all appropr iate donations and grants of mo ney, 7
equipment, supplies, materials and services, and receive, utili ze and dispose of the 8
same; provided that at all times the Commission shall avoid any appearance of 9
impropriety and/or conflict of interest; 10
(12) Lease, purchase, accept a ppropriate gifts or donations of , or 11
otherwise own, hold, improve or use, any property, real, person al or mixed; provided 12
that at all times the Commission shall avoid any appearance of impropriety; 13
(13) Sell, convey, mortgage, pledge, lease, exchange, abandon, o r 14
otherwise dispose of any property real, personal, or mixed; 15
(14) Establish a budget and make expenditures; 16
(15) Borrow money; 17
(16) Appoint committees, including standing committees compose d of 18
members, State regulators, State legislators or their represent atives, and consumer 19
representatives, and such other i nterested persons as may be de signated in this 20
Compact and the bylaws; 21
(17) Provide and receive inform ation from, and cooperate with, l a w 22
enforcement agencies; 23
(18) Establish and elect an Executive Committee; and 24
(19) Perform such other functi ons as may be necessary or appro priate 25
to achieve the purposes of this Compact consistent with the Sta te regulation of 26
Occupational Therapy licensure and practice. 27
(D) The Executive Committee 28
The Executive Committee shall have the power to act on behalf o f the 29
Commission according to the terms of this Compact. 30
(1) The Executive Committee shall be composed of nine members: 31
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(a) Seven voting members who are elected by the Commission 1
from the current membership of the Commission; 2
(b) One ex-officio, nonvoting member from a recognized 3
national Occupational Therapy professional association; and 4
(c) One ex-officio, nonvoting member from a recognized 5
national Occupational Therapy certification organization. 6
(2) The ex-officio members will be selected by their respectiv e 7
organizations. 8
(3) The Commission may remove any member of the Executive 9
Committee as provided in bylaws. 10
(4) The Executive Committee shall meet at least annually. 11
(5) The Executive Committee shall have the following Duties an d 12
responsibilities: 13
(a) Recommend to the entire Co mmission changes to the Rules 14
or bylaws, changes to this Compact legislation, fees paid by Co mpact Member 15
States such as annual dues, and any Commission Compact fee char ged to 16
Licensees for the Compact Privilege; 17
(b) Ensure Compact administration services are appropriately 18
provided, contractual or otherwise; 19
(c) Prepare and recommend the budget; 20
(d) Maintain financial records on behalf of the Commission; 21
(e) Monitor Compact compliance of Member States and 22
provide compliance reports to the Commission; 23
(f) Establish additional committees as necessary; and 24
(g) Perform other duties as provided in Rules or bylaws. 25
(E) Meetings of the Commission 26
(1) All meetings shall be open to the public, and public notic e of 27
meetings shall be given in the same manner as required under th e Rulemaking 28
provisions in Section 10. 29
(2) The Commission or the Executive Committee or other committ ees 30
of the Commission may convene in a closed, non-public meeting if the Commission or 31
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Executive Committee or other committees of the Commission must discuss: 1
(a) Non-compliance of a Member State with its obligations 2
under the Compact; 3
(b) The employment, compensation, discipline or other matters, 4
practices or procedures related to specific employees or other matters related to 5
the Commission's internal personnel practices and procedures; 6
(c) Current, threatened, or reasonably anticipated litigation; 7
(d) Negotiation of contracts for the purchase, lease, or sale of 8
goods, services, or real estate; 9
(e) Accusing any person of a crime or formally censuring any 10
person; 11
(f) Disclosure of trade secrets or commercial or financial 12
information that is privileged or confidential; 13
(g) Disclosure of information of a personal nature where 14
disclosure would constitute a clearly unwarranted invasion of personal privacy; 15
(h) Disclosure of investigative records compiled for law 16
enforcement purposes; 17
(i) Disclosure of information related to any investigative 18
reports prepared by or on behalf of or for use of the Commissio n or other 19
committee charged with responsibility of investigation or deter mination of 20
compliance issues pursuant to the Compact; or 21
(j) Matters specifically exempted from disclosure by federal o r 22
Member State statute. 23
(3) If a meeting, or portion of a meeting, is closed pursuant to this 24
provision, the Commission's legal counsel or designee shall cer tify that the meeting 25
may be closed and shall reference each relevant exempting provision. 26
(4) The Commission shall keep minutes that fully and clearly d escribe 27
all matters discussed in a meeting and shall provide a full and accurate summary of 28
actions taken, and the reasons therefore, including a descripti on of the views 29
expressed. All documents consider ed in connection with an actio n shall be identified 30
in such minutes. All minutes and documents of a closed meeting shall remain under 31
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seal, subject to release by a m ajority vote of the Commission o r order of a court of 1
competent jurisdiction. 2
(F) Financing of the Commission 3
(1) The Commission shall pay, or provide for the payment of, t he 4
reasonable expenses of its establishment, organization, and ongoing activities. 5
(2) The Commission may accept any and all appropriate revenue 6
sources, donations, and grants of money, equipment, supplies, materials, and services. 7
(3) The Commission may levy on and collect an annual assessmen t 8
from each Member State or impose fees on other parties to cover the cost of the 9
operations and activities of the Commission and its staff, whic h m u s t b e i n a t o t a l 10
amount sufficient to cover its annual budget as approved by the Commission each year 11
for which revenue is not provide d by other sources. The aggrega te annual assessment 12
amount shall be allocated based upon a formula to be determined by the Commission, 13
which shall promulgate a Rule binding upon all Member States. 14
(4) The Commission shall not incur obligations of any kind pri or to 15
securing the funds adequate to m eet the same; nor shall the Com mission pledge the 16
credit of any of the Member States, except by and with the auth ority of the Member 17
State. 18
(5) The Commission shall keep accurate accounts of all receipt s and 19
disbursements. The receipts and disbursements of the Commission shall be subject to 20
the audit and accounting procedures established under its bylaw s. However, all 21
receipts and disbursements of funds handled by the Commission s hall be audited 22
yearly by a certified or licensed public accountant, and the re port of the audit shall be 23
included in and become part of the annual report of the Commission. 24
(G) Qualified Immunity, Defense, and Indemnification 25
(1) The members, officers, executive director, employees and 26
representatives of the Commission shall be immune from suit and liability, either 27
personally or in their official capacity, for any claim for dam age to or loss of property 28
or personal injury or other civil liability caused by or arisin g out of any actual or 29
alleged act, error or omission th at occurred, or that the person against whom the claim 30
is made had a reasonable basis for believing occurred within the scope of Commission 31
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employment, duties or responsibilities; provided that nothing in this paragraph shall be 1
construed to protect any such person from suit and/or liability for any damage, loss, 2
injury, or liability caused by the intentional or willful or wa nton misconduct of that 3
person. 4
(2) The Commission shall defend any member, officer, executive 5
director, employee, or representative of the Commission in any civil action seeking to 6
impose liability arising out of any actual or alleged act, erro r, or omission that 7
occurred within the scope of Commission employment, duties, or responsibilities, or 8
that the person against whom the claim is made had a reasonable basis for believing 9
occurred within the scope of Commission employment, duties, or responsibilities; 10
provided that nothing herein sha ll be construed to prohibit tha t person from retaining 11
his or her own counsel; and provi ded further, that the actual o r alleged act, error, or 12
omission did not result from that person's intentional or willful or wanton misconduct. 13
(3) The Commission shall indemn ify and hold harmless any membe r, 14
officer, executive director, employee, or representative of the Commission for the 15
amount of any settlement or judgment obtained against that pers on arising out of any 16
actual or alleged act, error or omission that occurred within t he scope of Commission 17
employment, duties, or responsibilities, or that such person ha d a reasonable basis for 18
believing occurred within the s cope of Commission employment, d uties, or 19
responsibilities, provided that the actual or alleged act, error, or omission did not result 20
from the intentional or willful or wanton misconduct of that person. 21
SECTION 9. DATA SYSTEM 22
(A) The Commission shall provide for the development, maintena nce, and 23
utilization of a coordinated database and reporting system cont aining licensure, 24
Adverse Action, and Investigativ e Information on all licensed i ndividuals in Member 25
States. 26
(B) A Member State shall submit a uniform data set to the Data System on all 27
individuals to whom this Compact is applicable (utilizing a uni que identifier) as 28
required by the Rules of the Commission, including: 29
(1) Identifying information; 30
(2) Licensure data; 31
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(3) Adverse Actions against a license or Compact Privilege; 1
(4) Non-confidential information related to Alternative Progra m 2
participation; 3
(5) Any denial of application for licensure, and the reason(s) for such 4
denial; 5
(6) Other information that may facilitate the administration o f this 6
Compact, as determined by the Rules of the Commission; and 7
(7) Current Significant Investigative Information. 8
(C) Current Significant Investig ative Information and other In vestigative 9
Information pertaining to a Licensee in any Member State will o nly be available to 10
other Member States. 11
(D) The Commission shall promptly notify all Member States of any Adverse 12
Action taken against a Licensee or an individual applying for a license. Adverse 13
Action information pertaining to a Licensee in any Member State will be available to 14
any other Member State. 15
(E) Member States contributing information to the Data System may designate 16
information that may not be shared with the public without the express permission of 17
the contributing State. 18
(F) Any information submitted to the Data System that is subse quently 19
required to be expunged by the laws of the Member State contributing the information 20
shall be removed from the Data System. 21
SECTION 10. RULEMAKING 22
(A) The Commission shall exercise its Rulemaking powers pursua nt to the 23
criteria set forth in this Section and the Rules adopted thereu nder. Rules and 24
amendments shall become binding as of the date specified in each Rule or amendment. 25
(B) The Commission shall promulga te reasonable rules in order to effectively 26
and efficiently achieve the purposes of the Compact. Notwithsta nding the foregoing, 27
in the event the Commission exercises its rulemaking authority i n a m a n n e r t h a t i s 28
beyond the scope of the purposes of the Compact, or the powers granted hereunder, 29
then such an action by the Commission shall be invalid and have no force and effect. 30
(C) If a majority of the legislatures of the Member States rej ects a Rule, by 31
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enactment of a statute or resolu tion in the same manner used to adopt the Compact 1
within 4 years of the date of adoption of the Rule, then such R ule shall have no further 2
force and effect in any Member State. 3
(D) Rules or amendments to the Rules shall be adopted at a reg ular or special 4
meeting of the Commission. 5
(E) Prior to promulgation and a doption of a final Rule or Rule s by the 6
Commission, and at least thirty (30) days in advance of the mee ting at which the Rule 7
will be considered and voted upon, the Commission shall file a Notice of Proposed 8
Rulemaking: 9
(1) On the website of the Commission or other publicly accessi ble 10
platform; and 11
(2) On the website of each Member State Occupational Therapy 12
Licensing Board or other publicly accessible platform or the publication in which each 13
State would otherwise publish proposed Rules. 14
(F) The Notice of Proposed Rulemaking shall include: 15
(1) The proposed time, date, an d location of the meeting in wh ich the 16
Rule will be considered and voted upon; 17
(2) The text of the proposed Rule or amendment and the reason for the 18
proposed Rule; 19
(3) A request for comments on the proposed Rule from any inter ested 20
person; and 21
(4) The manner in which interes ted persons may submit notice t o the 22
Commission of their intention to attend the public hearing and any written comments. 23
(G) Prior to adoption of a proposed Rule, the Commission shall allow persons 24
to submit written data, facts, opinions, and arguments, which s hall be made available 25
to the public. 26
(H) The Commission shall grant an opportunity for a public hea ring before it 27
adopts a Rule or amendment if a hearing is requested by: 28
(1) At least twenty five (25) persons; 29
(2) A State or federal governmental subdivision or agency; or 30
(3) An association or organiza tion having at least twenty five (25) 31
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members. 1
(I) If a hearing is held on the proposed Rule or amendment, th e Commission 2
shall publish the place, time, and date of the scheduled public hearing. If the hearing is 3
held via electronic means, the Commission shall publish the mec hanism for access to 4
the electronic hearing. 5
(1) All persons wishing to be heard at the hearing shall notif y the 6
executive director of the Commission or other designated member in writing of their 7
desire to appear and testify at the hearing not less than five (5) business days before 8
the scheduled date of the hearing. 9
(2) Hearings shall be conducted in a manner providing each per son 10
who wishes to comment a fair a nd reasonable opportunity to comm ent orally or in 11
writing. 12
(3) All hearings will be recorded. A copy of the recording will be made 13
available on request. 14
(4) Nothing in this section shall be construed as requiring a separate 15
hearing on each Rule. Rules may be grouped for the convenience of the Commission 16
at hearings required by this section. 17
(J) Following the scheduled hear ing date, or by the close of b usiness on the 18
scheduled hearing date if the hearing was not held, the Commiss ion shall consider all 19
written and oral comments received. 20
(K) If no written notice of intent to attend the public hearin g by interested 21
parties is received, the Commission may proceed with promulgati on of the proposed 22
Rule without a public hearing. 23
(L) The Commission shall, by majority vote of all members, tak e final action 24
on the proposed Rule and shall determine the effective date of the Rule, if any, based 25
on the Rulemaking record and the full text of the Rule. 26
(M) Upon determination that an emergency exists, the Commissio n may 27
consider and adopt an emergency Rule without prior notice, opportunity for comment, 28
or hearing, provided that the usu al Rulemaking procedures provi ded in the Compact 29
and in this section shall be ret roactively applied to the Rule as soon as reasonably 30
possible, in no event later than ninety (90) days after the effective date of the Rule. For 31
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the purposes of this provision, an emergency Rule is one that m ust be adopted 1
immediately in order to: 2
(1) Meet an imminent threat to public health, safety, or welfare; 3
(2) Prevent a loss of Commission or Member State funds; 4
(3) Meet a deadline for the promulgation of an administrative Rule that 5
is established by federal law or Rule; or 6
(4) Protect public health and safety. 7
(N) The Commission or an authorized committee of the Commissio n may 8
direct revisions to a previously adopted Rule or amendment for purposes of correcting 9
typographical errors, errors in fo rmat, errors in consistency, or grammatical errors. 10
Public notice of any revisions shall be posted on the website o f the Commission. The 11
revision shall be subject to cha llenge by any person for a peri od of thirty (30) days 12
after posting. The revision may be challenged only on grounds t hat the revision results 13
in a material change to a Rule. A challenge shall be made in wr iting and delivered to 14
the chair of the Commission prior to the end of the notice peri od. If no challenge is 15
made, the revision will take eff ect without further action. If the revision is challenged, 16
the revision may not take effect without the approval of the Commission. 17
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 18
(A) Oversight 19
(1) The executive, legislative, and judicial branches of State 20
government in each Member State shall enforce this Compact and take all actions 21
necessary and appropriate to effectuate the Compact's purposes and intent. The 22
provisions of this Compact and the Rules promulgated hereunder shall have standing 23
as statutory law. 24
(2) All courts shall take judicial notice of the Compact and the Rules in 25
any judicial or administrative proceeding in a Member State per taining to the subject 26
matter of this Compact which may affect the powers, responsibil ities, or actions of the 27
Commission. 28
(3) The Commission shall be entitled to receive service of pro cess in 29
any such proceeding, and shall have standing to intervene in su ch a proceeding for all 30
purposes. Failure to provide service of process to the Commissi on shall render a 31
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judgment or order void as to the Commission, this Compact, or promulgated Rules. 1
(B) Default, Technical Assistance, and Termination 2
(1) If the Commission determines that a Member State has defaulted in 3
the performance of its obligations or responsibilities under th is Compact or the 4
promulgated Rules, the Commission shall: 5
(a) Provide written notice to the defaulting State and other 6
Member States of the nature of the default, the proposed means of curing the 7
default and/or any other action to be taken by the Commission; and 8
(b) Provide remedial training a nd specific technical assistanc e 9
regarding the default. 10
(2) If a State in default fails to cure the default, the defau lting State 11
may be terminated from the Comp act upon an affirmative vote of a majority of the 12
Member States, and all rights, privileges and benefits conferre d by this Compact may 13
be terminated on the effective da te of termination. A cure of t he default does not 14
relieve the offending State of obligations or liabilities incur red during the period of 15
default. 16
(3) Termination of membership in the Compact shall be imposed only 17
after all other means of securing compliance have been exhauste d. Notice of intent to 18
suspend or terminate shall be given by the Commission to the go vernor, the majority 19
and minority leaders of the defaulting State's legislature, and each of the Member 20
States. 21
(4) A State that has been ter minated is responsible for all as sessments, 22
obligations, and liabilities incurred through the effective date of termination, including 23
obligations that extend beyond the effective date of termination. 24
(5) The Commission shall not bear any costs related to a State that is 25
found to be in default or that has been terminated from the Com pact, unless agreed 26
upon in writing between the Commission and the defaulting State. 27
(6) The defaulting State may appeal the action of the Commissi on by 28
petitioning the U.S. District Court for the District of Columbi a or the federal district 29
where the Commission has its principal offices. The prevailing member shall be 30
awarded all costs of such litigation, including reasonable attorney's fees. 31
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(C) Dispute Resolution 1
(1) Upon request by a Member Sta te, the Commission shall attem pt to 2
resolve disputes related to the Compact that arise among Member States and between 3
member and non-Member States. 4
(2) The Commission shall promulgate a Rule providing for both 5
mediation and binding dispute resolution for disputes as appropriate. 6
(D) Enforcement 7
(1) The Commission, in the reasonable exercise of its discreti on, shall 8
enforce the provisions and Rules of this Compact. 9
(2) By majority vote, the Commission may initiate legal action in the 10
United States District Court for the District of Columbia or th e federal district where 11
the Commission has its principal offices against a Member State in default to enforce 12
compliance with the provisions of the Compact and its promulgated Rules and bylaws. 13
The relief sought may include both injunctive relief and damages. In the event judicial 14
enforcement is necessary, the prevailing member shall be awarde d all costs of such 15
litigation, including reasonable attorney's fees. 16
(3) The remedies herein shall not be the exclusive remedies of t h e 17
Commission. The Commission may pursue any other remedies availa ble under federal 18
or State law. 19
SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE 20
COMMISSION FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED 21
RULES, WITHDRAWAL, AND AMENDMENT 22
(A) The Compact shall come into effect on the date on which th e Compact 23
statute is enacted into law in the tenth Member State. The prov isions, which become 24
effective at that time, shall be limited to the powers granted to the Commission 25
relating to assembly and the promulgation of Rules. Thereafter, the Commission shall 26
meet and exercise Rulemaking powers necessary to the implementa tion and 27
administration of the Compact. 28
(B) Any State that joins the Compact subsequent to the Commiss ion's initial 29
adoption of the Rules shall be subject to the Rules as they exi st on the date on which 30
the Compact becomes law in that State. Any Rule that has been p reviously adopted by 31
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the Commission shall have the full force and effect of law on t h e d ay the Co mp a c t 1
becomes law in that State. 2
(C) Any Member State may withdraw from this Compact by enactin g a statute 3
repealing the same. 4
(1) A Member State's withdrawal shall not take effect until si x (6) 5
months after enactment of the repealing statute. 6
( 2 ) W i t h d r a w a l s h a l l n o t a f f e c t the continuing requirement of the 7
withdrawing State's Occupational Therapy Licensing Board to com ply with the 8
investigative and Adverse Action reporting requirements of this a c t p r i o r t o t h e 9
effective date of withdrawal. 10
(D) Nothing contained in this Compact shall be construed to in validate or 11
prevent any Occupational Therapy licensure agreement or other c ooperative 12
arrangement between a Member State and a non-Member State that does not conflict 13
with the provisions of this Compact. 14
(E) This Compact may be amended by the Member States. No amend ment to 15
this Compact shall become effective and binding upon any Member State until it is 16
enacted into the laws of all Member States. 17
SECTION 13. CONSTRUCTION AND SEVERABILITY 18
This Compact shall be liberally c o n s t r u e d s o a s t o e f f e c t u a t e the purposes 19
thereof. The provisions of this Compact shall be severable and if any phrase, clause, 20
sentence or provision of this Co mpact is declared to be contrar y to the constitution of 21
any Member State or of the United States or the applicability t hereof to any 22
government, agency, person, or circumstance is held invalid, th e validity of the 23
remainder of this Compact and the applicability thereof to any government, agency, 24
person, or circumstance shall not be affected thereby. If this Compact shall be held 25
contrary to the constitution of any Member State, the Compact s hall remain in full 26
force and effect as to the remaining Member States and in full force and effect as to 27
the Member State affected as to all severable matters. 28
SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS 29
(A) A Licensee providing Occupa tional Therapy in a Remote Stat e under the 30
Compact Privilege shall function within the laws and regulations of the Remote State. 31
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(B) Nothing herein prevents the enforcement of any other law o f a Member 1
State that is not inconsistent with the Compact. 2
(C) Any laws in a Member State in conflict with the Compact ar e superseded 3
to the extent of the conflict. 4
(D) Any lawful actions of the Commission, including all Rules and bylaws 5
promulgated by the Commission, are binding upon the Member States. 6
(E) All agreements between the Commission and the Member State s are 7
binding in accordance with their terms. 8
(F) In the event any provision of the Compact exceeds the constitutional limits 9
imposed on the legislature of any Member State, the provision s hall be ineffective to 10
the extent of the conflict with the constitutional provision in question in that Member 11
State. 12