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An Act
ENROLLED SENATE
BILL NO. 1653 By: Haste of the Senate
and
Miller and Dollens of the
House
An Act relating to professions and occupations;
enacting the Occupational Therapy Licensure Compact
and authorizing the Governor to enter into the
Compact with certain jurisdictions; setting forth
form of the Compact; providing for codification; and
providing an effective date.
SUBJECT: Occupational Therapy Licensure Compact
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 888.31 of Title 59, unless there
is created a duplication in numbering, reads as follows:
The Occupational Therapy Licensure Compact is hereby enacted
into law and the Governor shall enter into the Compact on behalf of
the State of Oklahoma with any jurisdiction legally joined therein,
in the form substantially as set forth in this act.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 888.32 of Title 59, unless there
is created a duplication in numbering, reads as follows:
OCCUPATIONAL THERAPY LICENSURE COMPACT
SECTION 1: PURPOSE
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The purpose of this Compact is to facilitate interstate practice
of Occupational Therapy with the goal of improving public access to
Occupational Therapy services. The Practice of Occupational Therapy
occurs in the State where the patient 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.
This Compact is designed to achieve the following objectives:
A. Increase public access to Occupational Therapy services by
providing for the mutual recognition of other Member State licenses.
B. Enhance the States’ ability to protect the public’s health
and safety.
C. Encourage the cooperation of Member States in regulating
multi-State Occupational Therapy Practice.
D. Support spouses of relocating military members.
E. Enhance the exchange of licensure, investigative, and
disciplinary information between Member States.
F. Allow a Remote State to hold a provider of services with a
Compact Privilege in that State accountable to that State’s practice
standards.
G. Facilitate the use of telehealth technology in order to
increase access to Occupational Therapy services.
SECTION 2: DEFINITIONS
As used in this Compact, and except as otherwise provided, the
following definitions shall apply:
A. “Active Duty Military” means full-time duty status in the
active uniformed service of the United States, including members of
the National Guard and Reserve on active duty orders pursuant to 10
U.S.C., Chapter 1209 and 10 U.S.C., Chapter 1211.
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B. “Adverse Action” means any administrative, civil, equitable,
or criminal action permitted by a State’s laws which is imposed by a
Licensing Board or other authority against an Occupational Therapist
or Occupational Therapy Assistant, including actions against an
individual’s license or Compact Privilege such as censure,
revocation, suspension, probation, monitoring of the Licensee, or
restriction on the Licensee’s practice.
C. “Alternative Program” means a non-disciplinary monitoring
process approved by an Occupational Therapy Licensing Board.
D. “Compact Privilege” means the authorization, which is
equivalent to a license, granted by a Remote State to allow a
Licensee from another Member State to practice as an Occupational
Therapist or practice as an Occupational Therapy Assistant in the
Remote State under its laws and rules. The Practice of Occupational
Therapy occurs in the Member State where the patient or client is
located at the time of the patient or client encounter.
E. “Continuing Competence or Education” means a requirement, as
a condition of license renewal, to provide evidence of participation
in, or completion of, educational and professional activities
relevant to practice or area of work.
F. “Current Significant Investigative Information” means
Investigative Information that a Licensing Board, after an inquiry
or investigation that includes notification and an opportunity for
the Occupational Therapist or Occupational Therapy Assistant to
respond, if required by State law, has reason to believe is not
groundless and, if proved true, would indicate more than a minor
infraction.
G. “Data System” means a repository of information about
Licensees, including but not limited to license status,
Investigative Information, Compact Privileges, and Adverse Actions.
H. “Encumbered License” means a license in which an Adverse
Action restricts the Practice of Occupational Therapy by the
Licensee or said Adverse Action has been reported to the National
Practitioner Data Bank (NPDB).
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I. “Executive Committee” means a group of directors elected or
appointed to act on behalf of, and within the powers granted to them
by, the Commission.
J. “Home State” means the Member State that is the Licensee’s
Primary State of Residence.
K. “Impaired Practitioner” means individuals whose professional
practice is adversely affected by substance abuse, addiction, or
other health-related conditions.
L. “Investigative Information” means information, records, or
documents received or generated by an Occupational Therapy Licensing
Board pursuant to an investigation.
M. “Jurisprudence Requirement” means the assessment of an
individual’s knowledge of the laws and rules governing the Practice
of Occupational Therapy in a State.
N. “Licensee” means an individual who currently holds an
authorization from the State to practice as an Occupational
Therapist or as an Occupational Therapy Assistant.
O. “Member State” means a State that has enacted the Compact.
P. “Occupational Therapist” means an individual who is licensed
by a State to practice Occupational Therapy.
Q. “Occupational Therapy Assistant” means an individual who is
licensed by a State to assist in the Practice of Occupational
Therapy.
R. “Occupational Therapy,” “Occupational Therapy Practice,” and
the “Practice of Occupational Therapy” mean the care and services
provided by an Occupational Therapist or an Occupational Therapy
Assistant as set forth in the Member State’s statutes and
regulations.
S. “Occupational Therapy Compact Commission” or “Commission”
means the national administrative body whose membership consists of
all States that have enacted the Compact.
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T. “Occupational Therapy Licensing Board” or “Licensing Board”
means the agency of a State that is authorized to license and
regulate Occupational Therapists and Occupational Therapy
Assistants.
U. “Primary State of Residence” means the state, also known as
the Home State, in which an Occupational Therapist or Occupational
Therapy Assistant who is not Active Duty Military declares a primary
residence for legal purposes as verified by: driver license,
federal income tax return, lease, deed, mortgage, or voter
registration or other verifying documentation as further defined by
Commission Rules.
V. “Remote State” means a Member State other than the Home
State, where a Licensee is exercising or seeking to exercise the
Compact Privilege.
W. “Rule” means a regulation promulgated by the Commission that
has the force of law.
X. “State” means any state, commonwealth, district, or
territory of the United States of America that regulates the
Practice of Occupational Therapy.
Y. “Single-State License” means an Occupational Therapist or
Occupational Therapy Assistant license issued by a Member State that
authorizes practice only within the issuing State and does not
include a Compact Privilege in any other Member State.
Z. “Telehealth” means the application of telecommunication
technology to deliver Occupational Therapy services for assessment,
intervention or consultation.
SECTION 3: STATE PARTICIPATION IN THE COMPACT
A. To participate in the Compact, a Member State shall:
1. License Occupational Therapists and Occupational Therapy
Assistants;
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2. Participate fully in the Commission’s Data System including,
but not limited to, using the Commission’s unique identifier as
defined in Rules of the Commission;
3. Have a mechanism in place for receiving and investigating
complaints about Licensees;
4. Notify the Commission, in compliance with the terms of the
Compact and Rules, of any Adverse Action or the availability of
Investigative Information regarding a Licensee;
5. Implement or utilize procedures for considering the criminal
history records of applicants for an initial Compact Privilege.
These procedures shall include the submission of fingerprints or
other biometric-based information by applicants for the purpose of
obtaining an applicant’s criminal history record information from
the Federal Bureau of Investigation and the agency responsible for
retaining that State’s criminal records.
a. A Member State shall, within a time frame established
by the Commission, require a criminal background check
for a Licensee seeking or applying for a Compact
Privilege whose Primary State of Residence is that
Member State, by receiving the results of the Federal
Bureau of Investigation criminal record search, and
shall use the results in making licensure decisions.
b. Communication between a Member State, the Commission
and among Member States regarding the verification of
eligibility for licensure through the Compact shall
not include any information received from the Federal
Bureau of Investigation relating to a federal criminal
records check performed by a Member State under Public
Law 92-544;
6. Comply with the Rules of the Commission;
7. Utilize only a recognized national examination as a
requirement for licensure pursuant to the Rules of the Commission;
and
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8. Have Continuing Competence or Education requirements as a
condition for license renewal.
B. A Member State shall grant the Compact Privilege to a
Licensee holding a valid unencumbered license in another Member
State in accordance with the terms of the Compact and Rules.
C. Member States may charge a fee for granting a Compact
Privilege.
D. A Member State shall provide for the State’s delegate to
attend all Occupational Therapy Compact Commission meetings.
E. Individuals not residing in a Member State shall continue to
be able to apply for a Member State’s Single-State License as
provided under the laws of each Member State. However, the Single-
State License granted to these individuals shall not be recognized
as granting the Compact Privilege in any other Member State.
F. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single-State
License.
SECTION 4: COMPACT PRIVILEGE
A. To exercise the Compact Privilege under the terms and
provisions of the Compact, the Licensee shall:
1. Hold a license in the Home State;
2. Have a valid United States Social Security Number or
National Practitioner Identification number;
3. Have no encumbrance on any State license;
4. Be eligible for a Compact Privilege in any Member State in
accordance with subsections D, F, G, and H of this section of the
Compact;
5. Have paid all fines and completed all requirements resulting
from any Adverse Action against any license or Compact Privilege,
and two (2) years have elapsed from the date of such completion;
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6. Notify the Commission that the Licensee is seeking the
Compact Privilege within one or more Remote States;
7. Pay any applicable fees, including any State fee, for the
Compact Privilege;
8. Complete a criminal background check in accordance with
paragraph 5 of subsection A of Section 3 of the 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 any
Remote States in which the Licensee is seeking a Compact Privilege;
and
10. Report to the Commission Adverse Action taken by any non-
Member State within thirty (30) days from the date the Adverse
Action is taken.
B. The Compact Privilege is valid until the expiration date of
the Home State license. The Licensee must comply with the
requirements of subsection A of this section of the Compact 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.
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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 (2) years have elapsed from the date on which the Home
State license is no longer encumbered in accordance with paragraph 1
of this subsection.
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 of the Compact 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 (2) years have elapsed from the date of completing
requirements for paragraphs 1 and 2 of this subsection; 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 of this section of the
Compact have been met, the Licensee must meet the requirements in
subsection A of this section of the Compact to obtain a Compact
Privilege in a Remote State.
SECTION 5: OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF
COMPACT PRIVILEGE
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A. An Occupational Therapist or Occupational Therapy Assistant
may hold a Home State license, which allows for Compact Privileges
in Member States, in only one Member State at a time.
B. If an Occupational Therapist or Occupational Therapy
Assistant changes Primary State of Residence by moving between two
Member States:
1. The Occupational Therapist or Occupational Therapy Assistant
shall file an application for obtaining a new Home State license by
virtue of a Compact Privilege, pay all applicable fees, and notify
the current and new Home State in accordance with applicable Rules
adopted by the Commission;
2. Upon receipt of an application for obtaining a new Home
State license by virtue of Compact Privilege, the new Home State
shall verify that the Occupational Therapist or Occupational Therapy
Assistant meets the pertinent criteria outlined in Section 4 of the
Compact via the Data System, without need for primary source
verification except for:
a. an FBI fingerprint based criminal background check if
not previously performed or updated pursuant to
applicable Rules adopted by the Commission in
accordance with Public Law 92-544,
b. 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 this Compact, if the
Occupational Therapist or Occupational Therapy Assistant cannot meet
the criteria in Section 4 of the Compact, the new Home State shall
apply its requirements for issuing a new Single-State License; and
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5. The Occupational Therapist or the Occupational Therapy
Assistant shall pay all applicable fees to the new Home State in
order to be issued a new Home State license.
C. If an Occupational Therapist or Occupational Therapy
Assistant changes Primary State of Residence by moving from a Member
State to a non-Member State, or from a non-Member State to a Member
State, the State criteria shall apply for issuance of a Single-State
License in the new State.
D. Nothing in this Compact shall interfere with a Licensee’s
ability to hold a Single-State License in multiple States; however,
for the purposes of this Compact, a Licensee shall have only one
Home State license.
E. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single-State
License.
SECTION 6: ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
Active Duty Military personnel, or their spouses, shall
designate a Home State where the individual has a current license in
good standing. The individual may retain the Home State designation
during the period the service member is on active duty. Subsequent
to designating a Home State, the individual shall only change their
Home State through application for licensure in the new State or
through the process described in Section 5 of the Compact.
SECTION 7: ADVERSE ACTIONS
A. A Home State shall have exclusive power to impose Adverse
Action against an Occupational Therapist’s or Occupational Therapy
Assistant’s license issued by the Home State.
B. In addition to the other powers conferred by State law, a
Remote State shall have the authority, in accordance with existing
State due process law, to:
1. Take Adverse Action against an Occupational Therapist’s or
Occupational Therapy Assistant’s Compact Privilege within that
Member State; and
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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 is located.
C. For purposes of taking Adverse Action, the Home State shall
give the same priority and effect to reported conduct received from
a Member State as it would if the conduct had occurred within the
Home State. In so doing, the Home State shall apply its own State
laws to determine appropriate action.
D. The Home State shall complete any pending investigations of
an Occupational Therapist or Occupational Therapy Assistant who
changes Primary State of Residence during the course of the
investigations. The Home State, where the investigations were
initiated, shall also have the authority to take appropriate actions
and shall promptly report the conclusions of the investigations to
the Occupational Therapy Compact Commission Data System. The
Occupational Therapy Compact Commission Data System administrator
shall promptly notify the new Home State of any Adverse Actions.
E. A Member State, if otherwise permitted by State law, may
recover from the affected Occupational Therapist or Occupational
Therapy Assistant the costs of investigations and disposition of
cases resulting from any Adverse Action taken against that
Occupational Therapist or Occupational Therapy Assistant.
F. A Member State may take Adverse Action based on the factual
findings of the Remote State, provided that the Member State follows
its own procedures for taking the Adverse Action.
G. Joint Investigations.
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1. In addition to the authority granted to a Member State by
its respective State Occupational Therapy laws and regulations or
other applicable State law, any Member State may participate with
other Member States in joint investigations of Licensees.
2. Member States shall share any investigative, litigation, or
compliance materials in furtherance of any joint or individual
investigation initiated under the Compact.
H. If an Adverse Action is taken by the Home State against an
Occupational Therapist’s or Occupational Therapy Assistant’s
license, the Occupational Therapist’s or Occupational Therapy
Assistant’s Compact Privilege in all other Member States shall be
deactivated until all encumbrances have been removed from the State
license. All Home State disciplinary orders that impose Adverse
Action against an Occupational Therapist’s or Occupational Therapy
Assistant’s license shall include a Statement that the Occupational
Therapist’s or Occupational Therapy Assistant’s Compact Privilege is
deactivated in all Member States during the pendency of the order.
I. If a Member State takes Adverse Action, it shall promptly
notify the administrator of the Data System. The administrator of
the Data System shall promptly notify the Home State of any Adverse
Actions by Remote States.
J. Nothing in this Compact shall override a Member State’s
decision that participation in an Alternative Program may be used in
lieu of Adverse Action.
SECTION 8: ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT
COMMISSION
A. The Compact Member States hereby create and establish a
joint public agency known as the Occupational Therapy Compact
Commission:
1. The Commission is an instrumentality of the Compact States.
2. Venue is proper and judicial proceedings by or against the
Commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the Commission
is located. The Commission may waive venue and jurisdictional
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defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of
sovereign immunity.
B. Membership, Voting, and Meetings.
1. Each Member State shall have and be limited to one delegate
selected by that Member State’s Licensing Board.
2. The delegate shall be either:
a. a current member of the Licensing Board, who is an
Occupational Therapist, Occupational Therapy
Assistant, or public member, or
b. an administrator of the Licensing Board.
3. Any delegate may be removed or suspended from office as
provided by the law of the State from which the delegate is
appointed.
4. The Member State board shall fill any vacancy occurring in
the Commission within ninety (90) days.
5. 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. A delegate shall vote in person or by such other
means as provided in the bylaws. The bylaws may provide for
delegates’ participation in meetings by telephone or other means of
communication.
6. The Commission shall meet at least once during each calendar
year. Additional meetings shall be held as set forth in the bylaws.
7. The Commission shall establish by Rule a term of office for
delegates.
C. The Commission shall have the following powers and duties:
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1. Establish a Code of Ethics for the Commission;
2. Establish the fiscal year of the Commission;
3. Establish bylaws;
4. Maintain its financial records in accordance with the
bylaws;
5. Meet and take such actions as are consistent with the
provisions of this Compact and the bylaws;
6. Promulgate uniform Rules to facilitate and coordinate
implementation and administration of this Compact. The Rules shall
have the force and effect of law and shall be binding in all Member
States;
7. Bring and prosecute legal proceedings or actions in the name
of the Commission, provided that the standing of any State
Occupational Therapy Licensing Board to sue or be sued under
applicable law shall not be affected;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel,
including, but not limited to, employees of a Member State;
10. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of the Compact, and establish
the Commission’s personnel policies and programs relating to
conflicts of interest, qualifications of personnel, and other
related personnel matters;
11. Accept any and all appropriate donations and grants of
money, equipment, supplies, materials and services, and receive,
utilize and dispose of the same; provided that at all times the
Commission shall avoid any appearance of impropriety and/or conflict
of interest;
12. Lease, purchase, accept appropriate gifts or donations of,
or otherwise own, hold, improve or use, any property, real, personal
ENR. S. B. NO. 1653 Page 16
or mixed; provided that at all times the Commission shall avoid any
appearance of impropriety;
13. Sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property real, personal, or mixed;
14. Establish a budget and make expenditures;
15. Borrow money;
16. Appoint committees, including standing committees composed
of members, State regulators, State legislators or their
representatives, and consumer representatives, and such other
interested persons as may be designated in this Compact and the
bylaws;
17. Provide and receive information from, and cooperate with,
law enforcement agencies;
18. Establish and elect an Executive Committee; and
19. Perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact consistent with
the State regulation of Occupational Therapy licensure and practice.
D. The Executive Committee.
The Executive Committee shall have the power to act on behalf of
the Commission according to the terms of this Compact.
1. The Executive Committee shall be composed of nine (9)
members:
a. seven voting members who are elected by the Commission
from the current membership of the Commission,
b. one ex officio, nonvoting member from a recognized
national Occupational Therapy professional
association, and
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c. one ex officio, nonvoting member from a recognized
national Occupational Therapy certification
organization.
2. The ex officio members will be selected by their respective
organizations.
3. The Commission may remove any member of the Executive
Committee as provided in bylaws.
4. The Executive Committee shall meet at least annually.
5. The Executive Committee shall have the following Duties and
responsibilities:
a. recommend to the entire Commission changes to the
Rules or bylaws, changes to this Compact legislation,
fees paid by Compact Member States such as annual
dues, and any Commission Compact fee charged to
Licensees for the Compact Privilege,
b. ensure Compact administration services are
appropriately provided, contractual or otherwise,
c. prepare and recommend the budget,
d. maintain financial records on behalf of the
Commission,
e. monitor Compact compliance of Member States and
provide compliance reports to the Commission,
f. establish additional committees as necessary, and
g. perform other duties as provided in Rules or bylaws.
E. Meetings of the Commission.
1. All meetings shall be open to the public, and public notice
of meetings shall be given in the same manner as required under the
Rulemaking provisions in Section 10 of the Compact.
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2. 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:
a. noncompliance of a Member State with its obligations
under the Compact,
b. the employment, compensation, discipline or other
matters, practices or procedures related to specific
employees or other matters related to the Commission’s
internal personnel practices and procedures,
c. current, threatened, or reasonably anticipated
litigation,
d. negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate,
e. accusing any person of a crime or formally censuring
any person,
f. disclosure of trade secrets or commercial or financial
information that is privileged or confidential,
g. disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted
invasion of personal privacy,
h. disclosure of investigative records compiled for law
enforcement purposes,
i. disclosure of information related to any investigative
reports prepared by or on behalf of or for use of the
Commission or other committee charged with
responsibility of investigation or determination of
compliance issues pursuant to the Compact, or
j. matters specifically exempted from disclosure by
federal or Member State statute.
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3. If a meeting, or portion of a meeting, is closed pursuant to
this provision, the Commission’s legal counsel or designee shall
certify that the meeting may be closed and shall reference each
relevant exempting provision.
4. The Commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a full
and accurate summary of actions taken, and the reasons therefore,
including a description of the views expressed. All documents
considered in connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting shall remain
under seal, subject to release by a majority vote of the Commission
or order of a court of competent jurisdiction.
F. Financing of the Commission.
1. The Commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization, and ongoing
activities.
2. The Commission may accept any and all appropriate revenue
sources, donations, and grants of money, equipment, supplies,
materials, and services.
3. The Commission may levy on and collect an annual assessment
from each Member State or impose fees on other parties to cover the
cost of the operations and activities of the Commission and its
staff, which must be in a total amount sufficient to cover its
annual budget as approved by the Commission each year for which
revenue is not provided by other sources. The aggregate annual
assessment amount shall be allocated based upon a formula to be
determined by the Commission, which shall promulgate a Rule binding
upon all Member States.
4. The Commission shall not incur obligations of any kind prior
to securing the funds adequate to meet the same; nor shall the
Commission pledge the credit of any of the Member States, except by
and with the authority of the Member State.
5. The Commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the Commission
shall be subject to the audit and accounting procedures established
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under its bylaws. However, all receipts and disbursements of funds
handled by the Commission shall be audited yearly by a certified or
licensed public accountant, and the report of the audit shall be
included in and become part of the annual report of the Commission.
G. Qualified Immunity, Defense, and Indemnification.
1. The members, officers, executive director, employees and
representatives of the Commission shall be immune from suit and
liability, either personally or in their official capacity, for any
claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged
act, error or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties or
responsibilities; provided that nothing in this paragraph shall be
construed to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the intentional or
willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer, executive
director, employee, or representative of the Commission in any civil
action seeking to impose liability arising out of any actual or
alleged act, error, or omission that occurred within the scope of
Commission employment, duties, or responsibilities, or that the
person against whom the claim is made had a reasonable basis for
believing occurred within the scope of Commission employment,
duties, or responsibilities; provided, that nothing herein shall be
construed to prohibit that person from retaining his or her own
counsel; and provided further, that the actual or alleged act,
error, or omission did not result from that person’s intentional or
willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member,
officer, executive director, employee, or representative of the
Commission for the amount of any settlement or judgment obtained
against that person arising out of any actual or alleged act, error
or omission that occurred within the scope of Commission employment,
duties, or responsibilities, or that such person had a reasonable
basis for believing occurred within the scope of Commission
employment, duties, or responsibilities, provided that the actual or
ENR. S. B. NO. 1653 Page 21
alleged act, error, or omission did not result from the intentional
or willful or wanton misconduct of that person.
SECTION 9: DATA SYSTEM
A. The Commission shall provide for the development,
maintenance, and utilization of a coordinated database and reporting
system containing licensure, Adverse Action, and Investigative
Information on all licensed individuals in Member States.
B. A Member State shall submit a uniform data set to the Data
System on all individuals to whom this Compact is applicable,
utilizing a unique identifier, as required by the Rules of the
Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license or Compact Privilege;
4. Nonconfidential information related to Alternative Program
participation;
5. Any denial of application for licensure, and the reason(s)
for such denial;
6. Other information that may facilitate the administration of
this Compact, as determined by the Rules of the Commission; and
7. Current Significant Investigative Information.
C. Current Significant Investigative Information and other
Investigative Information pertaining to a Licensee in any Member
State will only be available to other Member States.
D. The Commission shall promptly notify all Member States of
any Adverse Action taken against a Licensee or an individual
applying for a license. Adverse Action information pertaining to a
Licensee in any Member State will be available to any other Member
State.
ENR. S. B. NO. 1653 Page 22
E. Member States contributing information to the Data System
may designate information that may not be shared with the public
without the express permission of the contributing State.
F. Any information submitted to the Data System that is
subsequently required to be expunged by the laws of the Member State
contributing the information shall be removed from the Data System.
SECTION 10: RULEMAKING
A. The Commission shall exercise its Rulemaking powers pursuant
to the criteria set forth in this Section and the Rules adopted
thereunder. Rules and amendments shall become binding as of the
date specified in each Rule or amendment.
B. The Commission shall promulgate reasonable rules in order to
effectively and efficiently achieve the purposes of the Compact.
Notwithstanding the foregoing, in the event the Commission exercises
its rulemaking authority in a manner that is beyond the scope of the
purposes of the Compact, or the powers granted hereunder, then such
an action by the Commission shall be invalid and have no force and
effect.
C. If a majority of the legislatures of the Member States
rejects a Rule, by enactment of a statute or resolution in the same
manner used to adopt the Compact within four (4) years of the date
of adoption of the Rule, then such Rule shall have no further force
and effect in any Member State.
D. Rules or amendments to the Rules shall be adopted at a
regular or special meeting of the Commission.
E. Prior to promulgation and adoption of a final Rule or Rules
by the Commission, and at least thirty (30) days in advance of the
meeting at which the Rule will be considered and voted upon, the
Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly
accessible platform; and
2. On the website of each Member State Occupational Therapy
Licensing Board or other publicly accessible platform or the
ENR. S. B. NO. 1653 Page 23
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.
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
ENR. S. B. NO. 1653 Page 24
less than five (5) business days before the scheduled date of the
hearing.
2. Hearings shall be conducted in a manner providing each
person who wishes to comment a fair and reasonable opportunity to
comment orally or in writing.
3. All hearings will be recorded. A copy of the recording will
be made available on request.
4. Nothing in this section shall be construed as requiring a
separate hearing on each Rule. Rules may be grouped for the
convenience of the Commission at hearings required by this section.
J. Following the scheduled hearing date, or by the close of
business on the scheduled hearing date if the hearing was not held,
the Commission shall consider all written and oral comments
received.
K. If no written notice of intent to attend the public hearing
by interested parties is received, the Commission may proceed with
promulgation of the proposed Rule without a public hearing.
L. The Commission shall, by majority vote of all members, take
final action on the proposed Rule and shall determine the effective
date of the Rule, if any, based on the Rulemaking record and the
full text of the Rule.
M. Upon determination that an emergency exists, the Commission
may consider and adopt an emergency Rule without prior notice,
opportunity for comment, or hearing, provided that the usual
Rulemaking procedures provided in the Compact and in this section
shall be retroactively applied to the Rule as soon as reasonably
possible, in no event later than ninety (90) days after the
effective date of the Rule. For the purposes of this provision, an
emergency Rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Commission or Member State funds;
ENR. S. B. NO. 1653 Page 25
3. Meet a deadline for the promulgation of an administrative
Rule that is established by federal law or Rule; or
4. Protect public health and safety.
N. The Commission or an authorized committee of the Commission
may direct revisions to a previously adopted Rule or amendment for
purposes of correcting typographical errors, errors in format,
errors in consistency, or grammatical errors. Public notice of any
revisions shall be posted on the website of the Commission. The
revision shall be subject to challenge by any person for a period of
thirty (30) days after posting. The revision may be challenged only
on grounds that the revision results in a material change to a Rule.
A challenge shall be made in writing and delivered to the chair of
the Commission prior to the end of the notice period. If no
challenge is made, the revision will take effect without further
action. If the revision is challenged, the revision may not take
effect without the approval of the Commission.
SECTION 11: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight.
1. The executive, legislative, and judicial branches of State
government in each Member State shall enforce this Compact and take
all actions necessary and appropriate to effectuate the Compact’s
purposes and intent. The provisions of this Compact and the Rules
promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the
Rules in any judicial or administrative proceeding in a Member State
pertaining to the subject matter of this Compact which may affect
the powers, responsibilities, or actions of the Commission.
3. The Commission shall be entitled to receive service of
process in any such proceeding, and shall have standing to intervene
in such a proceeding for all purposes. Failure to provide service
of process to the Commission shall render a judgment or order void
as to the Commission, this Compact, or promulgated Rules.
B. Default, Technical Assistance, and Termination.
ENR. S. B. NO. 1653 Page 26
1. If the Commission determines that a Member State has
defaulted in the performance of its obligations or responsibilities
under this Compact or the promulgated Rules, the Commission shall:
a. provide written notice to the defaulting State and
other Member States of the nature of the default, the
proposed means of curing the default, and any other
action to be taken by the Commission, and
b. provide remedial training and specific technical
assistance regarding the default.
2. If a State in default fails to cure the default, the
defaulting State may be terminated from the Compact upon an
affirmative vote of a majority of the Member States, and all rights,
privileges and benefits conferred by this Compact may be terminated
on the effective date of termination. A cure of the default does
not relieve the offending State of obligations or liabilities
incurred during the period of default.
3. Termination of membership in the Compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be given
by the Commission to the governor, the majority and minority leaders
of the defaulting State’s legislature, and each of the Member
States.
4. A State that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination.
5. The Commission shall not bear any costs related to a State
that is found to be in default or that has been terminated from the
Compact, unless agreed upon in writing between the Commission and
the defaulting State.
6. The defaulting State may appeal the action of the Commission
by petitioning the 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.
ENR. S. B. NO. 1653 Page 27
C. Dispute Resolution.
1. Upon request by a Member State, the Commission shall attempt
to resolve disputes related to the Compact that arise among Member
States and between Member and non-Member States.
2. The Commission shall promulgate a Rule providing for both
mediation and binding dispute resolution for disputes as
appropriate.
D. Enforcement.
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and Rules of this Compact.
2. By majority vote, the Commission may initiate legal action
in the United States District Court for the District of Columbia or
the federal district where the Commission has its principal offices
against a Member State in default to enforce compliance with the
provisions of the Compact and its promulgated Rules and bylaws. The
relief sought may include both injunctive relief and damages. In
the event judicial enforcement is necessary, the prevailing member
shall be awarded all costs of such litigation, including reasonable
attorney fees.
3. The remedies herein shall not be the exclusive remedies of
the Commission. The Commission may pursue any other remedies
available under federal or State law.
SECTION 12: DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL,
AND AMENDMENT
A. The Compact shall come into effect on the date on which the
Compact statute is enacted into law in the tenth Member State. The
provisions, which become effective at that time, shall be limited to
the powers granted to the Commission relating to assembly and the
promulgation of Rules. Thereafter, the Commission shall meet and
exercise Rulemaking powers necessary to the implementation and
administration of the Compact.
ENR. S. B. NO. 1653 Page 28
B. Any State that joins the Compact subsequent to the
Commission’s initial adoption of the Rules shall be subject to the
Rules as they exist on the date on which the Compact becomes law in
that State. Any Rule that has been previously adopted by the
Commission shall have the full force and effect of law on the day
the Compact becomes law in that State.
C. Any Member State may withdraw from this Compact by enacting
a statute repealing the same.
1. A Member State’s withdrawal shall not take effect until six
(6) months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of
the withdrawing State’s Occupational Therapy Licensing Board to
comply with the investigative and Adverse Action reporting
requirements of this act prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to
invalidate or prevent any Occupational Therapy licensure agreement
or other cooperative arrangement between a Member State and a non-
Member State that does not conflict with the provisions of this
Compact.
E. This Compact may be amended by the Member States. No
amendment to this Compact shall become effective and binding upon
any Member State until it is enacted into the laws of all Member
States.
SECTION 13: CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this Compact shall be
severable and if any phrase, clause, sentence or provision of this
Compact is declared to be contrary to the constitution of any Member
State or of the United States or the applicability thereof to any
government, agency, person, or circumstance is held invalid, the
validity of the remainder of this Compact and the applicability
thereof to any government, agency, person, or circumstance shall not
be affected thereby. If this Compact shall be held contrary to the
constitution of any Member State, the Compact shall remain in full
force and effect as to the remaining Member States and in full force
ENR. S. B. NO. 1653 Page 29
and effect as to the Member State affected as to all severable
matters.
SECTION 14: BINDING EFFECT OF COMPACT AND OTHER LAWS
A. A Licensee providing Occupational Therapy in a Remote State
under the Compact Privilege shall function within the laws and
regulations of the Remote State.
B. Nothing herein prevents the enforcement of any other law of
a Member State that is not inconsistent with the Compact.
C. Any laws in a Member State in conflict with the Compact are
superseded to the extent of the conflict.
D. Any lawful actions of the Commission, including all Rules
and bylaws promulgated by the Commission, are binding upon the
Member States.
E. All agreements between the Commission and the Member States
are binding in accordance with their terms.
F. In the event any provision of the Compact exceeds the
constitutional limits imposed on the legislature of any Member
State, the provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that
Member State.
SECTION 3. This act shall become effective November 1, 2026.
ENR. S. B. NO. 1653 Page 30
Passed the Senate the 16th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 4th day of May, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________