OCCUPATIONAL THERAPY LICENSURE COMPACT

HB0013

HOUSE BILL 13

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Elizabeth "Liz" Thomson
and
Gail Armstrong

and
Joshua N. Hernandez
and
Jenifer Jones

AN ACT

RELATING TO INTERGOVERNMENTAL AGREEMENTS; ENACTING THE
OCCUPATIONAL THERAPY LICENSURE COMPACT; AMENDING THE
OCCUPATIONAL THERAPY ACT TO PROVIDE FOR STATE AND FEDERAL
CRIMINAL HISTORY BACKGROUND CHECKS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
[
NEW MATERIAL
] SHORT TITLE.--Sections 1
through 16 of this act may be cited as the "Occupational
Therapy Licensure Compact".

SECTION 2.
[
NEW MATERIAL
] PURPOSE.--The purpose of the
compact is to facilitate interstate practice of occupational
therapy with the goal of improving public access to
occupational therapy services. The practice of occupational
therapy occurs in the state where the patient or client is
located at the time of the patient or client encounter. The
compact preserves the regulatory authority of states to protect
public health and safety through the current system of state
licensure. The compact is designed to achieve the following
objectives:

A. increase public access to occupational therapy
services by providing for the mutual recognition of other
member state licenses;

B. enhance the states' ability to protect the
public's health and safety;

C. encourage the cooperation of member states in
regulating multistate occupational therapy practice;

D. support spouses of relocating military members;

E. enhance the exchange of licensure, investigative
and disciplinary information between member states;

F. allow a remote state to hold a provider of
services with a compact privilege in that state accountable to
that state's practice standards; and

G. facilitate the use of telehealth technology in
order to increase access to occupational therapy services.

SECTION 3.
[
NEW MATERIAL
] DEFINITIONS.--As used in the
Occupational Therapy Licensure Compact and except as otherwise
provided:

A. "active duty military" means full-time duty
status in the active uniformed service of the United States,
including members of the national guard and reserve on active
duty orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C.
Chapter 1211;

B. "adverse action" means any administrative,
civil, equitable or criminal action permitted by a state's laws
that is imposed by a licensing board or other authority against
an occupational therapist or occupational therapy assistant,
including actions against an individual's license or compact
privilege such as censure, revocation, suspension, probation,
monitoring of the licensee or restriction on the licensee's
practice;

C. "alternative program" means a non-disciplinary
monitoring process approved by an occupational therapy
licensing board;

D. "compact privilege" means the authorization,
which is equivalent to a license, granted by a remote state to
allow a licensee from another member state to practice as an
occupational therapist or practice as an occupational therapy
assistant in the remote state under its laws and rules. The
practice of occupational therapy occurs in the member state
where the patient or client is located at the time of the
patient or client encounter;

E. "continuing competence" or "continuing
education" means a requirement, as a condition of license
renewal, to provide evidence of participation in and completion
of educational and professional activities relevant to practice
or area of work;

F. "current significant investigative information"
means investigative information that a licensing board, after
an inquiry or investigation that includes notification and an
opportunity for the occupational therapist or occupational
therapy assistant to respond, if required by state law, has
reason to believe is not groundless and if proved true would
indicate more than a minor infraction;

G. "data system" means a repository of information
about licensees, including license status, investigative
information, compact privileges and adverse actions;

H. "encumbered license" means a license in which an
adverse action restricts the practice of occupational therapy
by the licensee or said adverse action has been reported to the
national practitioner data bank;

I. "executive committee" means a group of directors
elected or appointed to act on behalf of and within the powers
granted to them by the commission;

J. "home state" means the member state that is the
licensee's primary state of residence;

K. "impaired practitioner" means an individual
whose professional practice is adversely affected by substance
abuse, addiction or other health-related conditions;

L. "investigative information" means information,
records or documents received or generated by an occupational
therapy licensing board pursuant to an investigation;

M. "jurisprudence requirement" means the assessment
of an individual's knowledge of the laws and rules governing
the practice of occupational therapy in a state;

N. "licensee" means an individual who currently
holds an authorization from a state to practice as an
occupational therapist or as an occupational therapy assistant;

O. "member state" means a state that has enacted
the compact;

P. "occupational therapist" means an individual who
is licensed by a state to practice occupational therapy;

Q. "occupational therapy assistant" means an
individual who is licensed by a state to assist in the practice
of occupational therapy;

R. "occupational therapy", "occupational therapy
practice" and the "practice of occupational therapy" mean the
care and services provided by an occupational therapist or an
occupational therapy assistant as set forth in a member state's
statutes and regulations;

S. "occupational therapy compact commission" or
"commission" means the national administrative body whose
membership consists of all states that have enacted the
compact;

T. "occupational therapy licensing board" or
"licensing board" means the agency of a state that is
authorized to license and regulate occupational therapists and
occupational therapy assistants;

U. "primary state of residence" means the home
state in which an occupational therapist or occupational
therapy assistant who is not active duty military declares a
primary residence for legal purposes as verified by the
person's driver's license, federal income tax return, lease,
deed, mortgage or voter registration or other verifying
documentation as further defined by commission rules;

V. "remote state" means a member state other than
the home state where a licensee is exercising or seeking to
exercise the compact privilege;

W. "rule" means a regulation promulgated by the
commission that has the force of law;

X. "state" means any state, commonwealth, district
or territory of the United States that regulates the practice
of occupational therapy;

Y. "single-state license" means an occupational
therapist or occupational therapy assistant license issued by a
member state that authorizes practice only within the issuing
state and does not include a compact privilege in any other
member state; and

Z. "telehealth" means the application of
telecommunication technology to deliver occupational therapy
services for assessment, intervention or consultation.

SECTION 4.
[
NEW MATERIAL
] STATE PARTICIPATION IN THE
COMPACT.--

A. To participate in the compact, a member state
shall:

(1) license occupational therapists and
occupational therapy assistants;

(2) participate fully in the commission's data
system, including using the commission's unique identifier as
defined in rules of the commission;

(3) have a mechanism in place for receiving
and investigating complaints about licensees;

(4) notify the commission, in compliance with
the terms of the compact and rules, of any adverse action or
the availability of investigative information regarding a
licensee;

(5) implement or utilize procedures for
considering the criminal history records of applicants for an
initial compact privilege. These procedures shall include the
submission of fingerprints or other biometric-based information
by applicants for the purpose of obtaining an applicant's
criminal history record information from the federal bureau of
investigation and the agency responsible for retaining that
state's criminal records within a time frame established by the
commission. When a member state receives the results of the
federal bureau of investigation criminal record search, the
member state shall use the results in making licensure
decisions. Communication between a member state and the
commission and among member states regarding the verification
of eligibility for licensure through the compact shall not
include any information received from the federal bureau of
investigation relating to a federal criminal records check
performed by a member state under Public Law 92-544;

(6) comply with the rules of the commission;

(7) utilize only a recognized national
examination as a requirement for licensure pursuant to the
rules of the commission; and

(8) have continuing competence or continuing
education requirements as a condition for license renewal.

B. A member state shall grant the compact privilege
to a licensee holding a valid unencumbered license in another
member state in accordance with the terms of the compact and
rules.

C. Member states may charge a fee for granting a
compact privilege.

D. A member state shall provide for the state's
delegate to attend all occupational therapy compact commission
meetings.

E. Individuals not residing in a member state shall
continue to be able to apply for a member state's single-state
license as provided under the laws of each member state.
However, the single-state license granted to these individuals
shall not be recognized as granting the compact privilege in
any other member state.

F. Nothing in the compact shall affect the
requirements established by a member state for the issuance of
a single-state license.

SECTION 5.
[
NEW MATERIAL
] COMPACT PRIVILEGE.--

A. To exercise the compact privilege under the
terms and provisions of the compact, the licensee shall:

(1) hold a license in the home state;

(2) have a valid United States social security
number or national practitioner identification number;

(3) have no encumbrance on any state license;

(4) be eligible for a compact privilege in any
member state in accordance with Subsections D, F, G and H of
this section;

(5) have paid all fines and completed all
requirements resulting from any adverse action against any
license or compact privilege, and two years have elapsed from
the date of such completion;

(6) notify the commission that the licensee is
seeking the compact privilege within a remote state;

(7) pay any applicable fees, including any
state fee, for the compact privilege;

(8) complete a criminal background check in
accordance with Section 4 of the Occupational Therapy Licensure
Compact. The licensee shall be responsible for the payment of
any fee associated with the completion of a criminal background
check;

(9) meet any jurisprudence requirements
established by the remote state or states in which the licensee
is seeking a compact privilege; and

(10) report to the commission adverse action
taken by any nonmember state within thirty days from the date
the adverse action is taken.

B. The compact privilege is valid until the
expiration date of the home state license. The licensee must
comply with the requirements of Subsection A of this section to
maintain the compact privilege in the remote state.

C. A licensee providing occupational therapy in a
remote state under the compact privilege shall function within
the laws and regulations of the remote state.

D. Occupational therapy assistants practicing in a
remote state shall be supervised by an occupational therapist
licensed or holding a compact privilege in that remote state.

E. A licensee providing occupational therapy in a
remote state is subject to that state's regulatory authority.
A remote state may, in accordance with due process and that
state's laws, remove a licensee's compact privilege in the
remote state for a specific period of time, impose fines or
take any other necessary actions to protect the health and
safety of its citizens. The licensee may be ineligible for a
compact privilege in any state until the specific time for
removal has passed and all fines are paid.

F. If a home state license is encumbered, the
licensee shall lose the compact privilege in any remote state
until the following occur:

(1) the home state license is no longer
encumbered; and

(2) two years have elapsed from the date on
which the home state license became unencumbered.

G. Once an encumbered license in the home state is
restored to good standing, the licensee must meet the
requirements of Subsection A of this section to obtain a
compact privilege in any remote state.

H. If a licensee's compact privilege in any remote
state is removed, the individual may lose the compact privilege
in any other remote state until the following occur:

(1) the specific period of time for which the
compact privilege was removed has ended;

(2) all fines have been paid and all
conditions have been met;

(3) two years have elapsed from the date in
which the requirements in Paragraphs (1) and (2) of this
subsection were completed; and

(4) the compact privileges are reinstated by
the commission, and the compact data system is updated to
reflect reinstatement.

I. If a licensee's compact privilege in any remote
state is removed due to an erroneous charge, privileges shall
be restored through the compact data system.

J. Once the requirements of Subsection H have been
met, the licensee must meet the requirements in Subsection A of
this section to obtain a compact privilege in a remote state.

SECTION 6.
[
NEW MATERIAL
] OBTAINING A NEW HOME STATE
LICENSE BY VIRTUE OF COMPACT PRIVILEGE.--

A. An occupational therapist or occupational
therapy assistant may hold a home state license, which allows
for compact privileges in member states, in only one member
state at a time.

B. If an occupational therapist or occupational
therapy assistant changes primary state of residence by moving
between two member states:

(1) the occupational therapist or occupational
therapy assistant shall file an application for obtaining a new
home state license by virtue of a compact privilege, pay all
applicable fees and notify the current and new home state in
accordance with applicable rules adopted by the commission;

(2) upon receipt of an application for
obtaining a new home state license by virtue of compact
privilege, the new home state shall verify that the
occupational therapist or occupational therapy assistant meets
the pertinent criteria outlined in Section 5 of the
Occupational Therapy Licensure Compact via the data system,
without need for primary source verification except for:

(a) a federal bureau of investigation
fingerprint-based criminal background check, if not previously
performed or updated pursuant to applicable rules adopted by
the commission in accordance with Public Law 92-544;

(b) any other criminal background check
as required by the new home state; and

(c) submission of any requisite
jurisprudence requirements of the new home state;

(3) the former home state shall convert the
former home state license into a compact privilege once the new
home state has activated the new home state license in
accordance with applicable rules adopted by the commission;

(4) notwithstanding any other provision of the
compact, if the occupational therapist or occupational therapy
assistant cannot meet the requirements in Section 5 of the
Occupational Therapy Licensure Compact, the new home state
shall apply its requirements for issuing a new single-state
license; and

(5) the occupational therapist or the
occupational therapy assistant shall pay all applicable fees to
the new home state in order to be issued a new home state
license.

C. If an occupational therapist or occupational
therapy assistant changes primary state of residence by moving
from a member state to a nonmember state, or from a nonmember
state to a member state, the state criteria shall apply for
issuance of a single-state license in the new state.

D. Nothing in the compact shall interfere with a
licensee's ability to hold a single-state license in multiple
states; however, for the purposes of the compact, a licensee
shall have only one home state license.

E. Nothing in the compact shall affect the
requirements established by a member state for the issuance of
a single-state license.

SECTION 7.
[
NEW MATERIAL
] ACTIVE DUTY MILITARY PERSONNEL
OR THEIR SPOUSES.--Active duty military personnel, or their
spouses, shall designate a home state where the individual has
a current license in good standing. The individual may retain
the home state designation during the period the service member
is on active duty. Subsequent to designating a home state, the
individual shall only change the individual's home state
through application for licensure in the new state or through
the process described in Section 6 of the Occupational Therapy
Licensure Compact.

SECTION 8.
[
NEW MATERIAL
] ADVERSE ACTIONS.--

A. A home state shall have exclusive power to
impose adverse action against an occupational therapist's or
occupational therapy assistant's license issued by the home
state.

B. In addition to the other powers conferred by
state law, a remote state shall have the authority, in
accordance with existing state due process law, to:

(1) take adverse action against an
occupational therapist's or occupational therapy assistant's
compact privilege within that member state; and

(2) issue subpoenas for both hearings and
investigations that require the attendance and testimony of
witnesses as well as the production of evidence. Subpoenas
issued by a licensing board in a member state for the
attendance and testimony of witnesses or the production of
evidence from another member state shall be enforced in the
latter state by any court of competent jurisdiction according
to the practice and procedure of that court applicable to
subpoenas issued in proceedings pending before it. The issuing
authority shall pay any witness fees, travel expenses, mileage
and other fees required by the service statutes of the state in
which the witnesses or evidence are located.

C. For purposes of taking adverse action, the home
state shall give the same priority and effect to reported
conduct received from a member state as it would if the conduct
had occurred within the home state. In so doing, the home
state shall apply its own state laws to determine appropriate
action.

D. The home state shall complete any pending
investigations of an occupational therapist or occupational
therapy assistant who changes primary state of residence during
the course of the investigations. The home state shall also
have the authority to take appropriate action and shall
promptly report the conclusions of the investigations to the
data system. The data system administrator shall promptly
notify the new home state of any adverse actions.

E. If otherwise permitted by state law, a member
state may recover from the affected occupational therapist or
occupational therapy assistant the costs of investigations and
disposition of cases resulting from any adverse action taken
against that occupational therapist or occupational therapy
assistant.

F. A member state may take adverse action based on
the factual findings of the remote state; provided that the
member state follows its own procedures for taking the adverse
action.

G. In addition to the authority granted to a member
state by its respective state occupational therapy laws and
regulations or other applicable state law, any member state may
participate with other member states in joint investigations of
licensees. Member states shall share any investigative,
litigation or compliance materials in furtherance of any joint
or individual investigation initiated under the compact.

H. If adverse action is taken by the home state
against an occupational therapist's or occupational therapy
assistant's license, the occupational therapist's or
occupational therapy assistant's compact privilege in all other
member states shall be deactivated until all encumbrances have
been removed from the state license. All home state
disciplinary orders that impose adverse action against an
occupational therapist's or occupational therapy assistant's
license shall include a statement that the occupational
therapist's or occupational therapy assistant's compact
privilege is deactivated in all member states during the
pendency of the order.

I. If a member state takes adverse action, it shall
promptly notify the administrator of the data system. The
administrator of the data system shall promptly notify the home
state of any adverse actions by remote states.

J. Nothing in the compact shall override a member
state's decision that participation in an alternative program
may be used in lieu of adverse action.

SECTION 9.
[
NEW MATERIAL
] OCCUPATIONAL THERAPY COMPACT
COMMISSION--CREATED.--

A. The compact member states hereby create and
establish a joint public agency known as the "occupational
therapy compact commission", subject to the following
provisions:

(1) the commission is an instrumentality of
the compact states;

(2) venue is proper and judicial proceedings
by or against the commission shall be brought solely and
exclusively in a court of competent jurisdiction where the
principal office of the commission is located. The commission
may waive venue and jurisdictional defenses to the extent it
adopts or consents to participate in alternative dispute
resolution proceedings; and

(3) nothing in the compact shall be construed
to be a waiver of sovereign immunity.

B. Membership, voting and meetings of the
commission shall proceed as follows:

(1) each member state shall have and be
limited to one delegate selected by that member state's
licensing board. The delegate shall be either:

(a) a current member of the licensing
board who is an occupational therapist, occupational therapy
assistant or public member; or

(b) an administrator of the licensing
board;

(2) any delegate may be removed or suspended
from office as provided by the law of the state from which the
delegate is appointed;

(3) the member state licensing board shall
fill any vacancy occurring in the commission within ninety
days;

(4) each delegate shall be entitled to one
vote with regard to the promulgation of rules and creation of
bylaws and shall otherwise have an opportunity to participate
in the business and affairs of the commission;

(5) a delegate shall vote in person or by such
other means as provided in the bylaws. The bylaws may provide
for delegates' participation in meetings by telephone or other
means of communication;

(6) the commission shall meet at least once
during each calendar year. Additional meetings shall be held
as set forth in the bylaws; and

(7) the commission shall establish by rule a
term of office for delegates.

C. The commission shall:

(1) establish a code of ethics for the
commission;

(2) establish the fiscal year of the
commission;

(3) establish bylaws;

(4) maintain its financial records in
accordance with the bylaws;

(5) meet and take such actions as are
consistent with the provisions of the compact and the bylaws;

(6) promulgate uniform rules to facilitate and
coordinate implementation and administration of the compact.
The rules shall have the force and effect of law and shall be
binding in all member states;

(7) bring and prosecute legal proceedings or
actions in the name of the commission; provided that the
standing of any state occupational therapy licensing board to
sue or be sued under applicable law shall not be affected;

(8) purchase and maintain insurance and bonds;

(9) borrow, accept or contract for services of
personnel, including employees of a member state;

(10) hire employees, elect or appoint
officers, fix compensation, define duties, grant such
individuals appropriate authority to carry out the purposes of
the compact and establish the commission's personnel policies
and programs relating to conflicts of interest, qualifications
of personnel and other related personnel matters;

(11) accept any and all appropriate donations
and grants of money, equipment, supplies, materials and
services and receive, utilize and dispose of the same; provided
that at all times the commission shall avoid any appearance of
impropriety or conflict of interest;

(12) lease, purchase, accept appropriate gifts
or donations of, or otherwise own, hold, improve or use, any
property, whether real, personal or mixed; provided that at all
times the commission shall avoid any appearance of impropriety;

(13) sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of any property, whether
real, personal or mixed;

(14) establish a budget and make expenditures;

(15) borrow money;

(16) appoint committees, including standing
committees composed of members, state regulators, state
legislators or their representatives, consumer representatives
and such other interested persons as may be designated in the
compact and the bylaws;

(17) provide and receive information from, and
cooperate with, law enforcement agencies;

(18) establish and elect an executive
committee; and

(19) perform such other functions as may be
necessary or appropriate to achieve the purposes of the compact
consistent with the state regulation of occupational therapy
licensure and practice.

D. The executive committee shall have the power to
act on behalf of the commission according to the terms of the
compact and shall be composed of nine members as follows:

(1) seven voting members who are elected by
the commission from the current membership of the commission;

(2) one nonvoting ex-officio member from a
recognized national occupational therapy professional
association; and

(3) one nonvoting ex-officio member from a
recognized national occupational therapy certification
organization.

E. The ex-officio members of the executive
committee shall be selected by their respective organizations.

F. The commission may remove any member of the
executive committee as provided in bylaws.

G. The executive committee shall meet at least
annually.

H. The executive committee shall have the following
duties and responsibilities:

(1) recommend to the entire commission changes
to the rules or bylaws, changes to the compact legislation,
fees paid by compact member states such as annual dues and any
commission compact fee charged to licensees for the compact
privilege;

(2) ensure that compact administration
services are appropriately provided, contractual or otherwise;

(3) prepare and recommend a budget;

(4) maintain financial records on behalf of
the commission;

(5) monitor compact compliance of member
states and provide compliance reports to the commission;

(6) establish additional committees as
necessary; and

(7) carry out other duties as provided in
rules or bylaws.

I. All meetings of the commission shall be open to
the public, and public notice of meetings shall be given in the
same manner as required under the rulemaking provisions in
Section 12 of the Occupational Therapy Licensure Compact.

J. The commission or the executive committee or
other committees of the commission may convene in a closed,
nonpublic meeting if the commission or executive committee or
other committees of the commission must discuss:

(1) noncompliance of a member state with its
obligations under the compact;

(2) the employment, compensation, discipline
or other matters, practices or procedures related to specific
employees or other matters related to the commission's internal
personnel practices and procedures;

(3) current, threatened or reasonably
anticipated litigation;

(4) negotiation of contracts for the purchase,
lease or sale of goods, services or real estate;

(5) accusations made of any person of a crime
or formal censuring of any person;

(6) disclosure of trade secrets or commercial
or financial information that is privileged or confidential;

(7) disclosure of information of a personal
nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy;

(8) disclosure of investigative records
compiled for law enforcement purposes;

(9) disclosure of information related to any
investigative reports prepared by or on behalf of or for use of
the commission or other committee charged with responsibility
of investigation or determination of compliance issues pursuant
to the compact; or

(10) matters specifically exempted from
disclosure by federal or member state statute.

K. If a meeting, or portion of a meeting, is closed
pursuant to Subsection J of this section, the commission's
legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exempting provision.

L. The commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and shall
provide a full and accurate summary of actions taken, and the
reasons therefore, including a description of the views
expressed. All documents considered in connection with an
action shall be identified in the minutes. All minutes and
documents of a closed meeting shall remain under seal, subject
to release by a majority vote of the commission or order of a
court of competent jurisdiction.

M. The commission shall pay, or provide for the
payment of, the reasonable expenses of its establishment,
organization and ongoing activities. The commission may accept
any and all appropriate revenue sources, donations and grants
of money, equipment, supplies, materials and services. The
commission may levy on and collect an annual assessment from
each member state or impose fees on other parties to cover the
cost of the operations and activities of the commission and its
staff, which must be in a total amount sufficient to cover its
annual budget as approved by the commission each year for which
revenue is not provided by other sources. The aggregate annual
assessment amount shall be allocated based upon a formula to be
determined by the commission, which shall promulgate a rule
binding upon all member states.

N. The commission shall not incur obligations of
any kind prior to securing the funds adequate to meet the
obligations; nor shall the commission pledge the credit of any
of the member states, except by and with the authority of the
member state.

O. The commission shall keep accurate accounts of
all receipts and disbursements. The receipts and disbursements
of the commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the commission shall be
audited yearly by a certified or licensed public accountant,
and the report of the audit shall be included in and become
part of the annual report of the commission.

SECTION 10.
[
NEW MATERIAL
] QUALIFIED IMMUNITY, DEFENSE
AND INDEMNIFICATION.--

A. The members, officers, executive director,
employees and representatives of the commission shall be immune
from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising
out of any actual or alleged act, error or omission that
occurred, or that the person against whom the claim is made had
a reasonable basis for believing occurred within the scope of
commission employment, duties or responsibilities; provided
that nothing in this subsection shall be construed to protect
any such person from suit or liability for any damage, loss,
injury or liability caused by the intentional or willful or
wanton misconduct of that person.

B. The commission shall defend any member, officer,
executive director, employee or representative of the
commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error or omission
that occurred within the scope of commission employment, duties
or responsibilities, or that the person against whom the claim
is made had a reasonable basis for believing occurred within
the scope of commission employment, duties or responsibilities;
provided that nothing in this section shall be construed to
prohibit that person from retaining counsel; and further
provided that the actual or alleged act, error or omission did
not result from that person's intentional or willful or wanton
misconduct.

C. The commission shall indemnify and hold harmless
any member, officer, executive director, employee or
representative of the commission for the amount of any
settlement or judgment obtained against that person arising out
of any actual or alleged act, error or omission that occurred
within the scope of commission employment, duties or
responsibilities, or that such person had a reasonable basis
for believing occurred within the scope of commission
employment, duties or responsibilities; provided that the
actual or alleged act, error or omission did not result from
the intentional or willful or wanton misconduct of that person.

SECTION 11.
[
NEW MATERIAL
] DATA SYSTEM.--

A. The commission shall provide for the
development, maintenance and utilization of a coordinated
database and reporting system containing licensure, adverse
action and investigative information on all licensed
individuals in member states.

B. A member state shall submit a uniform data set
to the data system on all individuals to whom the compact is
applicable, using a unique identifier, as required by the rules
of the commission, including:

(1) identifying information;

(2) licensure data;

(3) adverse actions against a license or
compact privilege;

(4) non-confidential information related to
alternative program participation;

(5) any denial of application for licensure,
and the reason for such denial;

(6) other information that may facilitate the
administration of the compact, as determined by the rules of
the commission; and

(7) current significant investigative
information.

C. Current significant investigative information
and other investigative information pertaining to a licensee in
any member state shall only be available to other member
states.

D. The commission shall promptly notify all member
states of any adverse action taken against a licensee or an
individual applying for a license. Adverse action information
pertaining to a licensee in any member state will be available
to any other member state.

E. Member states contributing information to the
data system may designate information that may not be shared
with the public without the express permission of the
contributing state.

F. Any information submitted to the data system
that is subsequently required to be expunged by the laws of the
member state contributing the information shall be removed from
the data system.

SECTION 12.
[
NEW MATERIAL
] RULEMAKING.--

A. The commission shall exercise its rulemaking
powers pursuant to the criteria set forth in this section and
the rules adopted thereunder. Rules and amendments shall
become binding as of the date specified in each rule or
amendment.

B. The commission shall promulgate reasonable rules
in order to effectively and efficiently achieve the purposes of
the compact. In the event the commission exercises its
rulemaking authority in a manner that is beyond the scope of
the purposes of the compact, such an action by the commission
shall be invalid and have no force and effect.

C. If a majority of the legislatures of the member
states rejects a rule, by enactment of a statute or resolution
in the same manner used to adopt the compact within four years
of the date of adoption of the rule, the rule shall have no
further force and effect in any member state.

D. Rules or amendments to the rules shall be
adopted at a regular or special meeting of the commission.

E. Prior to promulgation and adoption of a final
rule by the commission, and at least thirty days in advance of
the meeting at which the rule will be considered and voted
upon, the commission shall file a notice of proposed
rulemaking:

(1) on the website of the commission or other
publicly accessible platform; and

(2) on the website of each member state
occupational therapy licensing board or other publicly
accessible platform or the publication in which each state
would otherwise publish proposed rules.

F. The notice of proposed rulemaking shall include:

(1) the proposed time, date and location of
the meeting in which the rule will be considered and voted
upon;

(2) the text of the proposed rule or amendment
and the reason for the proposed rule;

(3) a request for comments on the proposed
rule from any interested person; and

(4) the manner in which interested persons may
submit notice to the commission of their intention to attend
the public hearing and any written comments.

G. Prior to adoption of a proposed rule, the
commission shall allow persons to submit written data, facts,
opinions and arguments, which shall be made available to the
public.

H. The commission shall grant an opportunity for a
public hearing before it adopts a rule or amendment if a
hearing is requested by:

(1) at least twenty-five persons;

(2) a state or federal governmental
subdivision or agency; or

(3) an association or organization having at
least twenty-five members.

I. If a hearing is held on the proposed rule or
amendment, the commission shall publish the place, time and
date of the scheduled public hearing. If the hearing is held
via electronic means, the commission shall publish the
mechanism for access to the electronic hearing and the
procedure for hearings shall be conducted according to the
following provisions:

(1) all persons wishing to be heard at the
hearing shall notify the executive director of the commission
or other designated member in writing of their desire to appear
and testify at the hearing not less than five business days
before the scheduled date of the hearing;

(2) hearings shall be conducted in a manner
providing each person who wishes to comment a fair and
reasonable opportunity to comment orally or in writing;

(3) all hearings will be recorded. A copy of
the recording will be made available on request; and

(4) nothing in this section shall be construed
as requiring a separate hearing on each rule. Rules may be
grouped for the convenience of the commission at hearings
required by this section.

J. Following the scheduled hearing date, or by the
close of business on the scheduled hearing date if the hearing
was not held, the commission shall consider all written and
oral comments received.

K. If no written notice of intent to attend the
public hearing by interested parties is received, the
commission may proceed with promulgation of the proposed rule
without a public hearing.

L. The commission shall, by majority vote of all
members, take final action on the proposed rule and shall
determine the effective date of the rule, if any, based on the
rulemaking record and the full text of the rule.

M. Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule without
prior notice, opportunity for comment or hearing; provided that
the usual rulemaking procedures provided in the compact and in
this section shall be retroactively applied to the rule as soon
as reasonably possible, but in no event later than ninety days
after the effective date of the rule. For the purposes of this
provision, an emergency rule is one that must be adopted
immediately in order to:

(1) meet an imminent threat to public health,
safety or welfare;

(2) prevent a loss of commission or member
state funds;

(3) meet a deadline for the promulgation of an
administrative rule that is established by federal law or rule;
or

(4) protect public health and safety.

N. The commission or an authorized committee of the
commission may direct revisions to a previously adopted rule or
amendment for purposes of correcting typographical errors,
errors in format, errors in consistency or grammatical errors.
Public notice of any revisions shall be posted on the website
of the commission. The revision shall be subject to challenge
by any person for a period of thirty days after posting. The
revision may be challenged only on grounds that the revision
results in a material change to a rule. A challenge shall be
made in writing and delivered to the chair of the commission
prior to the end of the notice period. If no challenge is
made, the revision shall take effect without further action.
If the revision is challenged, the revision may not take effect
without the approval of the commission.

SECTION 13.
[
NEW MATERIAL
] OVERSIGHT, DISPUTE RESOLUTION
AND ENFORCEMENT.--

A. The executive, legislative and judicial branches
of state government in each member state shall enforce the
compact and take all actions necessary and appropriate to
effectuate the compact's purposes and intent. The provisions
of the compact and the rules promulgated hereunder shall have
standing as statutory law.

B. All courts shall take judicial notice of the
compact and the rules in any judicial or administrative
proceeding in a member state pertaining to the subject matter
of the compact which may affect the powers, responsibilities or
actions of the commission. The commission shall be entitled to
receive service of process in any judicial or administrative
proceeding and shall have standing to intervene in such a
proceeding for all purposes. Failure to provide service of
process to the commission shall render a judgment or order void
as to the commission, the compact or promulgated rules.

C. If the commission determines that a member state
has defaulted in the performance of its obligations or
responsibilities under the compact or the promulgated rules,
the commission shall:

(1) provide written notice to the defaulting
state and other member states of the nature of the default, the
proposed means of curing the default or any other action to be
taken by the commission; and

(2) provide remedial training and specific
technical assistance regarding the default.

D. If a state in default fails to cure the default,
the defaulting state may be terminated from the compact upon an
affirmative vote of a majority of the member states, and all
rights, privileges and benefits conferred by the compact may be
terminated on the effective date of termination. A cure of the
default does not relieve the offending state of obligations or
liabilities incurred during the period of default.

E. Termination of membership in the compact shall
be imposed only after all other means of securing compliance
have been exhausted. Notice of intent to suspend or terminate
shall be given by the commission to the governor, the majority
and minority leaders of the defaulting state's legislature and
each of the member states.

F. A state that has been terminated is responsible
for all assessments, obligations and liabilities incurred
through the effective date of termination, including
obligations that extend beyond the effective date of
termination.

G. The commission shall not bear any costs related
to a state that is found to be in default or that has been
terminated from the compact, unless agreed upon in writing
between the commission and the defaulting state.

H. The defaulting state may appeal the action of
the commission by petitioning the United States district court
for the District of Columbia or the federal district where the
commission has its principal offices. The prevailing member
shall be awarded all costs of such litigation, including
reasonable attorney fees.

I. Upon request by a member state, the commission
shall attempt to resolve disputes related to the compact that
arise among member states and between member and nonmember
states.

J. The commission shall promulgate a rule providing
for both mediation and binding dispute resolution for disputes
as appropriate.

K. The commission, in the reasonable exercise of
its discretion, shall enforce the provisions and rules of the
compact.

L. By majority vote, the commission may initiate
legal action in the United States district court for the
District of Columbia or the federal district where the
commission has its principal offices against a member state in
default to enforce compliance with the provisions of the
compact and its promulgated rules and bylaws. The relief
sought may include both injunctive relief and damages. In the
event judicial enforcement is necessary, the prevailing member
shall be awarded all costs of such litigation, including
reasonable attorney fees.

M. The remedies provided in the compact shall not
be the exclusive remedies of the commission. The commission
may pursue any other remedies available under federal or state
law.

SECTION 14.
[
NEW MATERIAL
] DATE OF IMPLEMENTATION OF THE
OCCUPATIONAL THERAPY LICENSURE COMPACT AND ASSOCIATED RULES,
WITHDRAWAL AND AMENDMENT.--

A. The compact shall come into effect on the date
on which the compact statute is enacted into law in the tenth
member state. The provisions, which become effective at that
time, shall be limited to the powers granted to the commission
relating to assembly and the promulgation of rules.
Thereafter, the commission shall meet and exercise rulemaking
powers necessary to the implementation and administration of
the compact.

B. Any state that joins the compact subsequent to
the commission's initial adoption of the rules shall be subject
to the rules as they exist on the date on which the compact
becomes law in that state. Any rule that has been previously
adopted by the commission shall have the full force and effect
of law on the day the compact becomes law in that state.

C. Any member state may withdraw from the compact
by enacting a statute repealing the same.

D. A member state's withdrawal shall not take
effect until six months after enactment of the repealing
statute.

E. Withdrawal shall not affect the continuing
requirement of the withdrawing state's occupational therapy
licensing board to comply with the investigative and adverse
action reporting requirements of the compact prior to the
effective date of withdrawal.

F. Nothing contained in the compact shall be
construed to invalidate or prevent any occupational therapy
licensure agreement or other cooperative arrangement between a
member state and a nonmember state that does not conflict with
the provisions of the compact.

G. The compact may be amended by the member states.
No amendment to the compact shall become effective and binding
upon any member state until it is enacted into the laws of all
member states.

SECTION 15.
[
NEW MATERIAL
] CONSTRUCTION AND

SEVERABILITY.--The compact shall be liberally construed so as
to effectuate the purposes of the compact. The provisions of
the compact shall be severable and if any phrase, clause,
sentence or provision of the compact is declared to be contrary
to the constitution of any member state or of the United States
or the applicability thereof to any government, agency, person
or circumstance is held invalid, the validity of the remainder
of the compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby.
If the compact shall be held contrary to the constitution of
any member state, the compact shall remain in full force and
effect as to the remaining member states and in full force and
effect as to the member state affected as to all severable
matters.

SECTION 16.
[
NEW MATERIAL
] BINDING EFFECT OF COMPACT AND
OTHER LAWS.--

A. A licensee providing occupational therapy in a
remote state under the compact privilege shall function within
the laws and regulations of the remote state.

B. Nothing in the compact prevents the enforcement
of any other law of a member state that is not inconsistent
with the compact.

C. Any laws in a member state in conflict with the
compact are superseded to the extent of the conflict.

D. Any lawful actions of the commission, including
all rules and bylaws promulgated by the commission, are binding
upon the member states.

E. All agreements between the commission and the
member states are binding in accordance with their terms.

F. In the event any provision of the compact
exceeds the constitutional limits imposed on the legislature of
any member state, the provision shall be ineffective to the
extent of the conflict with the constitutional provision in
question in that member state.

SECTION 17.
Section 61-12A-9 NMSA 1978 (being Laws 1996,
Chapter 55, Section 9, as amended) is amended to read:

"61-12A-9. BOARD--POWERS AND DUTIES.--

A. The board shall:

(1) promulgate rules in accordance with the
State Rules Act to carry out the provisions of the Occupational
Therapy Act;

(2) use funds to meet the necessary expenses
incurred in carrying out the provisions of the Occupational
Therapy Act;

(3) adopt a code of ethics;

(4) enforce the provisions of the Occupational
Therapy Act to protect the public by conducting hearings on
charges relating to the discipline of licensees, including the
denial, suspension or revocation of a license in accordance
with the Uniform Licensing Act;

(5) establish and collect fees;

(6) provide for examination for and issuance,
renewal and reinstatement of licenses;

(7) establish, impose, collect and remit fines
for violations of the Occupational Therapy Act to the current
school fund;

(8) appoint a registrar to keep records and
minutes necessary to carry out the functions of the board;
[
and
]

(9) obtain the legal assistance of the
attorney general;

(10) prescribe procedures, forms and the
manner of submitting an applicant's full set of fingerprints
for state and federal criminal history background reports that
the board uses to evaluate the applicant's qualification for
licensure; and

(11) require an applicant, as a condition of

eligibility for initial licensure, to submit a full set of

fingerprints to the department of public safety to obtain state
and national criminal history record information on the
applicant. State and national criminal history record reports
are confidential and not public records. The board shall not
disseminate criminal history record information across state
lines
.

B. The board may:

(1) issue investigative subpoenas for the
purpose of investigating complaints against licensees prior to
the issuance of a notice of contemplated action;

(2) hire or contract with an investigator to
investigate complaints that have been filed with the board.
The board shall set the compensation of the investigator to be
paid from the funds of the board;

(3) inspect establishments; and

(4) designate hearing officers."

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