00 SENATE BILL NO. 172 01 "An Act relating to occupational therapist licensure; relating to occupational therapy 02 assistant licensure; and relating to an occupational therapist licensure compact." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.84.010(b) is amended to read: 05 (b) The board shall control all matters pertaining to the licensing of physical 06 therapists, physical therapist assistants, occupational therapists, and occupational 07 therapy assistants and the practice of physical therapy and the practice of occupational 08 therapy. The board shall 09 (1) pass upon the qualifications of applicants; 10 (2) provide for the examination of applicants; 11 (3) issue temporary permits and licenses to persons qualified under this 12 chapter; 13 (4) suspend, revoke, or refuse to issue or renew a license under 14 AS 08.84.120; 01 (5) keep a current register listing the name, business address, date, and 02 number of the license of each person who is licensed to practice under this chapter; 03 (6) adopt regulations under AS 44.62 (Administrative Procedure Act) 04 necessary to carry out the purposes of this chapter, including regulations establishing 05 qualifications for licensure and renewal of licensure under this chapter; 06 (7) implement the Interstate Physical Therapy Licensure Compact 07 enacted by [UNDER] AS 08.84.188 and the Occupational Therapy Licensure 08 Compact enacted by AS 08.84.189. 09 * Sec. 2. AS 08.84.150(b) is amended to read: 10 (b) A person may not provide services that the person describes as 11 occupational therapy without being licensed under this chapter unless the person is 12 (1) a student in an accredited occupational therapy program or in a 13 supervised field work program; 14 (2) a graduate of a foreign school of occupational therapy fulfilling the 15 internship requirement of AS 08.84.032, and then only unless under the continuous 16 direction and immediate supervision of an occupational therapist; 17 (3) an occupational therapist or occupational therapy assistant 18 employed by the United States government while in the discharge of official duties; 19 (4) granted a limited permit under AS 08.84.075; 20 (5) licensed under this title and uses occupational therapy skills in the 21 practice of the profession for which the license is issued; [OR] 22 (6) employed as a teacher or teacher's aide by an educational 23 institution and is required to use occupational therapy skills during the course of 24 employment, if 25 (A) the occupational therapy skills are used under a program 26 implemented by the employer and developed by a licensed occupational 27 therapist; 28 (B) the employer maintains direct supervision of the person's 29 use of occupational therapy skills; and 30 (C) the person does not represent to 31 (i) be an occupational therapist or occupational therapy 01 assistant; and 02 (ii) practice occupational therapy; or 03 (7) granted a compact privilege under AS 08.84.189. 04 * Sec. 3. AS 08.84 is amended by adding a new section to read: 05 Article 4A. Occupational Therapy Licensure Compact. 06 Sec. 08.84.189. Compact enacted. The Occupational Therapy Licensure 07 Compact as contained in this section is enacted into law and entered into on behalf of 08 the state with all other states and jurisdictions legally joining it in a form substantially 09 as follows: 10 SECTION 1. PURPOSE 11 The purpose of this Compact is to facilitate interstate practice of Occupational 12 Therapy with the goal of improving public access to Occupational Therapy services. 13 The Practice of Occupational Therapy occurs in the State where the patient/client is 14 located at the time of the patient/client encounter. The Compact preserves the 15 regulatory authority of States to protect public health and safety through the current 16 system of State licensure. 17 This Compact is designed to achieve the following objectives: 18 (A) Increase public access to Occupational Therapy services by providing for 19 the mutual recognition of other Member State licenses; 20 (B) Enhance the States' ability to protect the public's health and safety; 21 (C) Encourage the cooperation of Member States in regulating multi-State 22 Occupational Therapy Practice; 23 (D) Support spouses of relocating military members; 24 (E) Enhance the exchange of licensure, investigative, and disciplinary 25 information between Member States; 26 (F) Allow a Remote State to hold a provider of services with a Compact 27 Privilege in that State accountable to that State's practice standards; and 28 (G) Facilitate the use of Telehealth technology in order to increase access to 29 Occupational Therapy services. 30 SECTION 2. DEFINITIONS 31 As used in this Compact, and except as otherwise provided, the following 01 definitions shall apply: 02 (A) "Active Duty Military" means full-time duty status in the active 03 uniformed service of the United States, including members of the National Guard and 04 Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. 05 Chapter 1211. 06 (B) "Adverse Action" means any administrative, civil, equitable, or criminal 07 action permitted by a State's laws which is imposed by a Licensing Board or other 08 authority against an Occupational Therapist or Occupational Therapy Assistant, 09 including actions against an individual's license or Compact Privilege such as censure, 10 revocation, suspension, probation, monitoring of the Licensee, or restriction on the 11 Licensee's practice. 12 (C) "Alternative Program" means a non-disciplinary monitoring process 13 approved by an Occupational Therapy Licensing Board. 14 (D) "Compact Privilege" means the authorization, which is equivalent to a 15 license, granted by a Remote State to allow a Licensee from another Member State to 16 practice as an Occupational Therapist or practice as an Occupational Therapy 17 Assistant in the Remote State under its laws and rules. The Practice of Occupational 18 Therapy occurs in the Member State where the patient/client is located at the time of 19 the patient/client encounter. 20 (E) "Continuing Competence/Education" means a requirement, as a condition 21 of license renewal, to provide evidence of participation in, and/or completion of, 22 educational and professional activities relevant to practice or area of work. 23 (F) "Current Significant Investigative Information" means Investigative 24 Information that a Licensing Board, after an inquiry or investigation that includes 25 notification and an opportunity for the Occupational Therapist or Occupational 26 Therapy Assistant to respond, if required by State law, has reason to believe is not 27 groundless and, if proved true, would indicate more than a minor infraction. 28 (G) "Data System" means a repository of information about Licensees, 29 including but not limited to license status, Investigative Information, Compact 30 Privileges, and Adverse Actions. 31 (H) "Encumbered License" means a license in which an Adverse Action 01 restricts the Practice of Occupational Therapy by the Licensee or said Adverse Action 02 has been reported to the National Practitioner Data Bank (NPDB). 03 (I) "Executive Committee" means a group of directors elected or appointed to 04 act on behalf of, and within the powers granted to them by, the Commission. 05 (J) "Home State" means the Member State that is the Licensee's Primary State 06 of Residence. 07 (K) "Impaired Practitioner" means individuals whose professional practice is 08 adversely affected by substance abuse, addiction, or other health-related conditions. 09 (L) "Investigative Information" means information, records, and/or documents 10 received or generated by an Occupational Therapy Licensing Board pursuant to an 11 investigation. 12 (M) "Jurisprudence Requirement" means the assessment of an individual's 13 knowledge of the laws and rules governing the Practice of Occupational Therapy in a 14 State. 15 (N) "Licensee" means an individual who currently holds an authorization from 16 the State to practice as an Occupational Therapist or as an Occupational Therapy 17 Assistant. 18 (O) "Member State" means a State that has enacted the Compact. 19 (P) "Occupational Therapist" means an individual who is licensed by a State 20 to practice Occupational Therapy. 21 (Q) "Occupational Therapy Assistant" means an individual who is licensed by 22 a State to assist in the Practice of Occupational Therapy. 23 (R) "Occupational Therapy," "Occupational Therapy Practice," and the 24 "Practice of Occupational Therapy" mean the care and services provided by an 25 Occupational Therapist or an Occupational Therapy Assistant as set forth in the 26 Member State's statutes and regulations. 27 (S) "Occupational Therapy Compact Commission" or "Commission" means 28 the national administrative body whose membership consists of all States that have 29 enacted the Compact. 30 (T) "Occupational Therapy Licensing Board" or "Licensing Board" means the 31 agency of a State that is authorized to license and regulate Occupational Therapists 01 and Occupational Therapy Assistants. 02 (U) "Primary State of Residence" means the state (also known as the Home 03 State) in which an Occupational Therapist or Occupational Therapy Assistant who is 04 not Active Duty Military declares a primary residence for legal purposes as verified 05 by: driver's license, federal income tax return, lease, deed, mortgage or voter 06 registration or other verifying documentation as further defined by Commission Rules. 07 (V) "Remote State" means a Member State other than the Home State, where a 08 Licensee is exercising or seeking to exercise the Compact Privilege. 09 (W) "Rule" means a regulation promulgated by the Commission that has the 10 force of law. 11 (X) "State" means any state, commonwealth, district, or territory of the United 12 States of America that regulates the Practice of Occupational Therapy. 13 (Y) "Single-State License" means an Occupational Therapist or Occupational 14 Therapy Assistant license issued by a Member State that authorizes practice only 15 within the issuing State and does not include a Compact Privilege in any other 16 Member State. 17 (Z) "Telehealth" means the application of telecommunication technology to 18 deliver Occupational Therapy services for assessment, intervention and/or 19 consultation. 20 SECTION 3. STATE PARTICIPATION IN THE COMPACT 21 (A) To participate in the Compact, a Member State shall: 22 (1) License Occupational Therapists and Occupational Therapy 23 Assistants; 24 (2) Participate fully in the Commission's Data System, including but 25 not limited to using the Commission's unique identifier as defined in Rules of the 26 Commission; 27 (3) Have a mechanism in place for receiving and investigating 28 complaints about Licensees; 29 (4) Notify the Commission, in compliance with the terms of the 30 Compact and Rules, of any Adverse Action or the availability of Investigative 31 Information regarding a Licensee; 01 (5) Implement or utilize procedures for considering the criminal 02 history records of applicants for an initial Compact Privilege. These procedures shall 03 include the submission of fingerprints or other biometric-based information by 04 applicants for the purpose of obtaining an applicant's criminal history record 05 information from the Federal Bureau of Investigation and the agency responsible for 06 retaining that State's criminal records; 07 (a) A Member State shall, within a time frame established by 08 the Commission, require a criminal background check for a Licensee 09 seeking/applying for a Compact Privilege whose Primary State of Residence is 10 that Member State, by receiving the results of the Federal Bureau of 11 Investigation criminal record search, and shall use the results in making 12 licensure decisions. 13 (b) Communication between a Member State, the Commission 14 and among Member States regarding the verification of eligibility for licensure 15 through the Compact shall not include any information received from the 16 Federal Bureau of Investigation relating to a federal criminal records check 17 performed by a Member State under Public Law 92-544. 18 (6) Comply with the Rules of the Commission; 19 (7) Utilize only a recognized national examination as a requirement for 20 licensure pursuant to the Rules of the Commission; and 21 (8) Have Continuing Competence/Education requirements as a 22 condition for license renewal. 23 (B) A Member State shall grant the Compact Privilege to a Licensee holding a 24 valid unencumbered license in another Member State in accordance with the terms of 25 the Compact and Rules. 26 (C) Member States may charge a fee for granting a Compact Privilege. 27 (D) A Member State shall provide for the State's delegate to attend all 28 Occupational Therapy Compact Commission meetings. 29 (E) Individuals not residing in a Member State shall continue to be able to 30 apply for a Member State's Single-State License as provided under the laws of each 31 Member State. However, the Single-State License granted to these individuals shall 01 not be recognized as granting the Compact Privilege in any other Member State. 02 (F) Nothing in this Compact shall affect the requirements established by a 03 Member State for the issuance of a Single-State License. 04 SECTION 4. COMPACT PRIVILEGE 05 (A) To exercise the Compact Privilege under the terms and provisions of the 06 Compact, the Licensee shall: 07 (1) Hold a license in the Home State; 08 (2) Have a valid United States Social Security Number or National 09 Practitioner Identification number; 10 (3) Have no encumbrance on any State license; 11 (4) Be eligible for a Compact Privilege in any Member State in 12 accordance with Section 4D, F, G, and H; 13 (5) Have paid all fines and completed all requirements resulting from 14 any Adverse Action against any license or Compact Privilege, and two years have 15 elapsed from the date of such completion; 16 (6) Notify the Commission that the Licensee is seeking the Compact 17 Privilege within a Remote State(s); 18 (7) Pay any applicable fees, including any State fee, for the Compact 19 Privilege; 20 (8) Complete a criminal background check in accordance with Section 21 3A(5); 22 (a) The Licensee shall be responsible for the payment of any 23 fee associated with the completion of a criminal background check. 24 (9) Meet any Jurisprudence Requirements established by the Remote 25 State(s) in which the Licensee is seeking a Compact Privilege; and 26 (10) Report to the Commission Adverse Action taken by any non- 27 Member State within 30 days from the date the Adverse Action is taken. 28 (B) The Compact Privilege is valid until the expiration date of the Home State 29 license. The Licensee must comply with the requirements of Section 4A to maintain 30 the Compact Privilege in the Remote State. 31 (C) A Licensee providing Occupational Therapy in a Remote State under the 01 Compact Privilege shall function within the laws and regulations of the Remote State. 02 (D) Occupational Therapy Assistants practicing in a Remote State shall be 03 supervised by an Occupational Therapist licensed or holding a Compact Privilege in 04 that Remote State. 05 (E) A Licensee providing Occupational Therapy in a Remote State is subject 06 to that State's regulatory authority. A Remote State may, in accordance with due 07 process and that State's laws, remove a Licensee's Compact Privilege in the Remote 08 State for a specific period of time, impose fines, and/or take any other necessary 09 actions to protect the health and safety of its citizens. The Licensee may be ineligible 10 for a Compact Privilege in any State until the specific time for removal has passed and 11 all fines are paid. 12 (F) If a Home State license is encumbered, the Licensee shall lose the 13 Compact Privilege in any Remote State until the following occur: 14 (1) The Home State license is no longer encumbered; and 15 (2) Two years have elapsed from the date on which the Home State 16 license is no longer encumbered in accordance with Section 4F(1). 17 (G) Once an Encumbered License in the Home State is restored to good 18 standing, the Licensee must meet the requirements of Section 4A to obtain a Compact 19 Privilege in any Remote State. 20 (H) If a Licensee's Compact Privilege in any Remote State is removed, the 21 individual may lose the Compact Privilege in any other Remote State until the 22 following occur: 23 (1) The specific period of time for which the Compact Privilege was 24 removed has ended; 25 (2) All fines have been paid and all conditions have been met; 26 (3) Two years have elapsed from the date of completing requirements 27 for Section 4H(1) and (2); and 28 (4) The Compact Privileges are reinstated by the Commission, and the 29 compact Data System is updated to reflect reinstatement. 30 (I) If a Licensee's Compact Privilege in any Remote State is removed due to 31 an erroneous charge, privileges shall be restored through the compact Data System. 01 (J) Once the requirements of Section 4H have been met, the Licensee must 02 meet the requirements in Section 4A to obtain a Compact Privilege in a Remote State. 03 SECTION 5. OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF 04 COMPACT PRIVILEGE 05 (A) An Occupational Therapist or Occupational Therapy Assistant may hold a 06 Home State license, which allows for Compact Privileges in Member States, in only 07 one Member State at a time. 08 (B) If an Occupational Therapist or Occupational Therapy Assistant changes 09 Primary State of Residence by moving between two Member States: 10 (1) The Occupational Therapist or Occupational Therapy Assistant 11 shall file an application for obtaining a new Home State license by virtue of a 12 Compact Privilege, pay all applicable fees, and notify the current and new Home State 13 in accordance with applicable Rules adopted by the Commission. 14 (2) Upon receipt of an application for obtaining a new Home State 15 license by virtue of compact privilege, the new Home State shall verify that the 16 Occupational Therapist or Occupational Therapy Assistant meets the pertinent criteria 17 outlined in Section 4 via the Data System, without need for primary source 18 verification except for: 19 (a) an FBI fingerprint based criminal background check if not 20 previously performed or updated pursuant to applicable Rules adopted by the 21 Commission in accordance with Public Law 92-544; 22 (b) other criminal background check as required by the new 23 Home State; and 24 (c) submission of any requisite Jurisprudence Requirements of 25 the new Home State. 26 (3) The former Home State shall convert the former Home State 27 license into a Compact Privilege once the new Home State has activated the new 28 Home State license in accordance with applicable Rules adopted by the Commission. 29 (4) Notwithstanding any other provision of this Compact, if the 30 Occupational Therapist or Occupational Therapy Assistant cannot meet the criteria in 31 Section 4, the new Home State shall apply its requirements for issuing a new Single- 01 State License. 02 (5) The Occupational Therapist or the Occupational Therapy Assistant 03 shall pay all applicable fees to the new Home State in order to be issued a new Home 04 State license. 05 (C) If an Occupational Therapist or Occupational Therapy Assistant changes 06 Primary State of Residence by moving from a Member State to a non-Member State, 07 or from a non-Member State to a Member State, the State criteria shall apply for 08 issuance of a Single-State License in the new State. 09 (D) Nothing in this compact shall interfere with a Licensee's ability to hold a 10 Single-State License in multiple States; however, for the purposes of this compact, a 11 Licensee shall have only one Home State license. 12 (E) Nothing in this Compact shall affect the requirements established by a 13 Member State for the issuance of a Single-State License. 14 SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 15 (A) Active Duty Military personnel, or their spouses, shall designate a Home 16 State where the individual has a current license in good standing. The individual may 17 retain the Home State designation during the period the service member is on active 18 duty. Subsequent to designating a Home State, the individual shall only change their 19 Home State through application for licensure in the new State or through the process 20 described in Section 5. 21 SECTION 7. ADVERSE ACTIONS 22 (A) A Home State shall have exclusive power to impose Adverse Action 23 against an Occupational Therapist's or Occupational Therapy Assistant's license issued 24 by the Home State. 25 (B) In addition to the other powers conferred by State law, a Remote State 26 shall have the authority, in accordance with existing State due process law, to: 27 (1) Take Adverse Action against an Occupational Therapist's or 28 Occupational Therapy Assistant's Compact Privilege within that Member State. 29 (2) Issue subpoenas for both hearings and investigations that require 30 the attendance and testimony of witnesses as well as the production of evidence. 31 Subpoenas issued by a Licensing Board in a Member State for the attendance and 01 testimony of witnesses or the production of evidence from another Member State shall 02 be enforced in the latter State by any court of competent jurisdiction, according to the 03 practice and procedure of that court applicable to subpoenas issued in proceedings 04 pending before it. The issuing authority shall pay any witness fees, travel expenses, 05 mileage and other fees required by the service statutes of the State in which the 06 witnesses or evidence are located. 07 (C) For purposes of taking Adverse Action, the Home State shall give the 08 same priority and effect to reported conduct received from a Member State as it would 09 if the conduct had occurred within the Home State. In so doing, the Home State shall 10 apply its own State laws to determine appropriate action. 11 (D) The Home State shall complete any pending investigations of an 12 Occupational Therapist or Occupational Therapy Assistant who changes Primary State 13 of Residence during the course of the investigations. The Home State, where the 14 investigations were initiated, shall also have the authority to take appropriate action(s) 15 and shall promptly report the conclusions of the investigations to the OT Compact 16 Commission Data System. The Occupational Therapy Compact Commission Data 17 System administrator shall promptly notify the new Home State of any Adverse 18 Actions. 19 (E) A Member State, if otherwise permitted by State law, may recover from 20 the affected Occupational Therapist or Occupational Therapy Assistant the costs of 21 investigations and disposition of cases resulting from any Adverse Action taken 22 against that Occupational Therapist or Occupational Therapy Assistant. 23 (F) A Member State may take Adverse Action based on the factual findings of 24 the Remote State, provided that the Member State follows its own procedures for 25 taking the Adverse Action. 26 (G) Joint Investigations 27 (1) In addition to the authority granted to a Member State by its 28 respective State Occupational Therapy laws and regulations or other applicable State 29 law, any Member State may participate with other Member States in joint 30 investigations of Licensees. 31 (2) Member States shall share any investigative, litigation, or 01 compliance materials in furtherance of any joint or individual investigation initiated 02 under the Compact. 03 (H) If an Adverse Action is taken by the Home State against an Occupational 04 Therapist's or Occupational Therapy Assistant's license, the Occupational Therapist's 05 or Occupational Therapy Assistant's Compact Privilege in all other Member States 06 shall be deactivated until all encumbrances have been removed from the State license. 07 All Home State disciplinary orders that impose Adverse Action against an 08 Occupational Therapist's or Occupational Therapy Assistant's license shall include a 09 Statement that the Occupational Therapist's or Occupational Therapy Assistant's 10 Compact Privilege is deactivated in all Member States during the pendency of the 11 order. 12 (I) If a Member State takes Adverse Action, it shall promptly notify the 13 administrator of the Data System. The administrator of the Data System shall promptly 14 notify the Home State of any Adverse Actions by Remote States. 15 (J) Nothing in this Compact shall override a Member State's decision that 16 participation in an Alternative Program may be used in lieu of Adverse Action. 17 SECTION 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY 18 COMPACT COMMISSION 19 (A) The Compact Member States hereby create and establish a joint public 20 agency known as the Occupational Therapy Compact Commission: 21 (1) The Commission is an instrumentality of the Compact States. 22 (2) Venue is proper and judicial proceedings by or against the 23 Commission shall be brought solely and exclusively in a court of competent 24 jurisdiction where the principal office of the Commission is located. The Commission 25 may waive venue and jurisdictional defenses to the extent it adopts or consents to 26 participate in alternative dispute resolution proceedings. 27 (3) Nothing in this Compact shall be construed to be a waiver of 28 sovereign immunity. 29 (B) Membership, Voting, and Meetings 30 (1) Each Member State shall have and be limited to one (1) delegate 31 selected by that Member State's Licensing Board. 01 (2) The delegate shall be either: 02 (a) A current member of the Licensing Board, who is an 03 Occupational Therapist, Occupational Therapy Assistant, or public member; or 04 (b) An administrator of the Licensing Board. 05 (3) Any delegate may be removed or suspended from office as 06 provided by the law of the State from which the delegate is appointed. 07 (4) The Member State board shall fill any vacancy occurring in the 08 Commission within 90 days. 09 (5) Each delegate shall be entitled to one (1) vote with regard to the 10 promulgation of Rules and creation of bylaws and shall otherwise have an opportunity 11 to participate in the business and affairs of the Commission. A delegate shall vote in 12 person or by such other means as provided in the bylaws. The bylaws may provide for 13 delegates' participation in meetings by telephone or other means of communication. 14 (6) The Commission shall meet at least once during each calendar 15 year. Additional meetings shall be held as set forth in the bylaws. 16 (7) The Commission shall establish by Rule a term of office for 17 delegates. 18 (C) The Commission shall have the following powers and duties: 19 (1) Establish a Code of Ethics for the Commission; 20 (2) Establish the fiscal year of the Commission; 21 (3) Establish bylaws; 22 (4) Maintain its financial records in accordance with the bylaws; 23 (5) Meet and take such actions as are consistent with the provisions of 24 this Compact and the bylaws; 25 (6) Promulgate uniform Rules to facilitate and coordinate 26 implementation and administration of this Compact. The Rules shall have the force 27 and effect of law and shall be binding in all Member States; 28 (7) Bring and prosecute legal proceedings or actions in the name of the 29 Commission, provided that the standing of any State Occupational Therapy Licensing 30 Board to sue or be sued under applicable law shall not be affected; 31 (8) Purchase and maintain insurance and bonds; 01 (9) Borrow, accept, or contract for services of personnel, including, but 02 not limited to, employees of a Member State; 03 (10) Hire employees, elect or appoint officers, fix compensation, 04 define duties, grant such individuals appropriate authority to carry out the purposes of 05 the Compact, and establish the Commission's personnel policies and programs relating 06 to conflicts of interest, qualifications of personnel, and other related personnel matters; 07 (11) Accept any and all appropriate donations and grants of money, 08 equipment, supplies, materials and services, and receive, utilize and dispose of the 09 same; provided that at all times the Commission shall avoid any appearance of 10 impropriety and/or conflict of interest; 11 (12) Lease, purchase, accept appropriate gifts or donations of, or 12 otherwise own, hold, improve or use, any property, real, personal or mixed; provided 13 that at all times the Commission shall avoid any appearance of impropriety; 14 (13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 15 otherwise dispose of any property real, personal, or mixed; 16 (14) Establish a budget and make expenditures; 17 (15) Borrow money; 18 (16) Appoint committees, including standing committees composed of 19 members, State regulators, State legislators or their representatives, and consumer 20 representatives, and such other interested persons as may be designated in this 21 Compact and the bylaws; 22 (17) Provide and receive information from, and cooperate with, law 23 enforcement agencies; 24 (18) Establish and elect an Executive Committee; and 25 (19) Perform such other functions as may be necessary or appropriate 26 to achieve the purposes of this Compact consistent with the State regulation of 27 Occupational Therapy licensure and practice. 28 (D) The Executive Committee 29 The Executive Committee shall have the power to act on behalf of the 30 Commission according to the terms of this Compact. 31 (1) The Executive Committee shall be composed of nine members: 01 (a) Seven voting members who are elected by the Commission 02 from the current membership of the Commission; 03 (b) One ex-officio, nonvoting member from a recognized 04 national Occupational Therapy professional association; and 05 (c) One ex-officio, nonvoting member from a recognized 06 national Occupational Therapy certification organization. 07 (2) The ex-officio members will be selected by their respective 08 organizations. 09 (3) The Commission may remove any member of the Executive 10 Committee as provided in bylaws. 11 (4) The Executive Committee shall meet at least annually. 12 (5) The Executive Committee shall have the following Duties and 13 responsibilities: 14 (a) Recommend to the entire Commission changes to the Rules 15 or bylaws, changes to this Compact legislation, fees paid by Compact Member 16 States such as annual dues, and any Commission Compact fee charged to 17 Licensees for the Compact Privilege; 18 (b) Ensure Compact administration services are appropriately 19 provided, contractual or otherwise; 20 (c) Prepare and recommend the budget; 21 (d) Maintain financial records on behalf of the Commission; 22 (e) Monitor Compact compliance of Member States and 23 provide compliance reports to the Commission; 24 (f) Establish additional committees as necessary; and 25 (g) Perform other duties as provided in Rules or bylaws. 26 (E) Meetings of the Commission 27 (1) All meetings shall be open to the public, and public notice of 28 meetings shall be given in the same manner as required under the Rulemaking 29 provisions in Section 10. 30 (2) The Commission or the Executive Committee or other committees 31 of the Commission may convene in a closed, non-public meeting if the Commission or 01 Executive Committee or other committees of the Commission must discuss: 02 (a) Non-compliance of a Member State with its obligations 03 under the Compact; 04 (b) The employment, compensation, discipline or other matters, 05 practices or procedures related to specific employees or other matters related to 06 the Commission's internal personnel practices and procedures; 07 (c) Current, threatened, or reasonably anticipated litigation; 08 (d) Negotiation of contracts for the purchase, lease, or sale of 09 goods, services, or real estate; 10 (e) Accusing any person of a crime or formally censuring any 11 person; 12 (f) Disclosure of trade secrets or commercial or financial 13 information that is privileged or confidential; 14 (g) Disclosure of information of a personal nature where 15 disclosure would constitute a clearly unwarranted invasion of personal privacy; 16 (h) Disclosure of investigative records compiled for law 17 enforcement purposes; 18 (i) Disclosure of information related to any investigative 19 reports prepared by or on behalf of or for use of the Commission or other 20 committee charged with responsibility of investigation or determination of 21 compliance issues pursuant to the Compact; or 22 (j) Matters specifically exempted from disclosure by federal or 23 Member State statute. 24 (3) If a meeting, or portion of a meeting, is closed pursuant to this 25 provision, the Commission's legal counsel or designee shall certify that the meeting 26 may be closed and shall reference each relevant exempting provision. 27 (4) The Commission shall keep minutes that fully and clearly describe 28 all matters discussed in a meeting and shall provide a full and accurate summary of 29 actions taken, and the reasons therefore, including a description of the views 30 expressed. All documents considered in connection with an action shall be identified 31 in such minutes. All minutes and documents of a closed meeting shall remain under 01 seal, subject to release by a majority vote of the Commission or order of a court of 02 competent jurisdiction. 03 (F) Financing of the Commission 04 (1) The Commission shall pay, or provide for the payment of, the 05 reasonable expenses of its establishment, organization, and ongoing activities. 06 (2) The Commission may accept any and all appropriate revenue 07 sources, donations, and grants of money, equipment, supplies, materials, and services. 08 (3) The Commission may levy on and collect an annual assessment 09 from each Member State or impose fees on other parties to cover the cost of the 10 operations and activities of the Commission and its staff, which must be in a total 11 amount sufficient to cover its annual budget as approved by the Commission each year 12 for which revenue is not provided by other sources. The aggregate annual assessment 13 amount shall be allocated based upon a formula to be determined by the Commission, 14 which shall promulgate a Rule binding upon all Member States. 15 (4) The Commission shall not incur obligations of any kind prior to 16 securing the funds adequate to meet the same; nor shall the Commission pledge the 17 credit of any of the Member States, except by and with the authority of the Member 18 State. 19 (5) The Commission shall keep accurate accounts of all receipts and 20 disbursements. The receipts and disbursements of the Commission shall be subject to 21 the audit and accounting procedures established under its bylaws. However, all 22 receipts and disbursements of funds handled by the Commission shall be audited 23 yearly by a certified or licensed public accountant, and the report of the audit shall be 24 included in and become part of the annual report of the Commission. 25 (G) Qualified Immunity, Defense, and Indemnification 26 (1) The members, officers, executive director, employees and 27 representatives of the Commission shall be immune from suit and liability, either 28 personally or in their official capacity, for any claim for damage to or loss of property 29 or personal injury or other civil liability caused by or arising out of any actual or 30 alleged act, error or omission that occurred, or that the person against whom the claim 31 is made had a reasonable basis for believing occurred within the scope of Commission 01 employment, duties or responsibilities; provided that nothing in this paragraph shall be 02 construed to protect any such person from suit and/or liability for any damage, loss, 03 injury, or liability caused by the intentional or willful or wanton misconduct of that 04 person. 05 (2) The Commission shall defend any member, officer, executive 06 director, employee, or representative of the Commission in any civil action seeking to 07 impose liability arising out of any actual or alleged act, error, or omission that 08 occurred within the scope of Commission employment, duties, or responsibilities, or 09 that the person against whom the claim is made had a reasonable basis for believing 10 occurred within the scope of Commission employment, duties, or responsibilities; 11 provided that nothing herein shall be construed to prohibit that person from retaining 12 his or her own counsel; and provided further, that the actual or alleged act, error, or 13 omission did not result from that person's intentional or willful or wanton misconduct. 14 (3) The Commission shall indemnify and hold harmless any member, 15 officer, executive director, employee, or representative of the Commission for the 16 amount of any settlement or judgment obtained against that person arising out of any 17 actual or alleged act, error or omission that occurred within the scope of Commission 18 employment, duties, or responsibilities, or that such person had a reasonable basis for 19 believing occurred within the scope of Commission employment, duties, or 20 responsibilities, provided that the actual or alleged act, error, or omission did not result 21 from the intentional or willful or wanton misconduct of that person. 22 SECTION 9. DATA SYSTEM 23 (A) The Commission shall provide for the development, maintenance, and 24 utilization of a coordinated database and reporting system containing licensure, 25 Adverse Action, and Investigative Information on all licensed individuals in Member 26 States. 27 (B) A Member State shall submit a uniform data set to the Data System on all 28 individuals to whom this Compact is applicable (utilizing a unique identifier) as 29 required by the Rules of the Commission, including: 30 (1) Identifying information; 31 (2) Licensure data; 01 (3) Adverse Actions against a license or Compact Privilege; 02 (4) Non-confidential information related to Alternative Program 03 participation; 04 (5) Any denial of application for licensure, and the reason(s) for such 05 denial; 06 (6) Other information that may facilitate the administration of this 07 Compact, as determined by the Rules of the Commission; and 08 (7) Current Significant Investigative Information. 09 (C) Current Significant Investigative Information and other Investigative 10 Information pertaining to a Licensee in any Member State will only be available to 11 other Member States. 12 (D) The Commission shall promptly notify all Member States of any Adverse 13 Action taken against a Licensee or an individual applying for a license. Adverse 14 Action information pertaining to a Licensee in any Member State will be available to 15 any other Member State. 16 (E) Member States contributing information to the Data System may designate 17 information that may not be shared with the public without the express permission of 18 the contributing State. 19 (F) Any information submitted to the Data System that is subsequently 20 required to be expunged by the laws of the Member State contributing the information 21 shall be removed from the Data System. 22 SECTION 10. RULEMAKING 23 (A) The Commission shall exercise its Rulemaking powers pursuant to the 24 criteria set forth in this Section and the Rules adopted thereunder. Rules and 25 amendments shall become binding as of the date specified in each Rule or amendment. 26 (B) The Commission shall promulgate reasonable rules in order to effectively 27 and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, 28 in the event the Commission exercises its rulemaking authority in a manner that is 29 beyond the scope of the purposes of the Compact, or the powers granted hereunder, 30 then such an action by the Commission shall be invalid and have no force and effect. 31 (C) If a majority of the legislatures of the Member States rejects a Rule, by 01 enactment of a statute or resolution in the same manner used to adopt the Compact 02 within 4 years of the date of adoption of the Rule, then such Rule shall have no further 03 force and effect in any Member State. 04 (D) Rules or amendments to the Rules shall be adopted at a regular or special 05 meeting of the Commission. 06 (E) Prior to promulgation and adoption of a final Rule or Rules by the 07 Commission, and at least thirty (30) days in advance of the meeting at which the Rule 08 will be considered and voted upon, the Commission shall file a Notice of Proposed 09 Rulemaking: 10 (1) On the website of the Commission or other publicly accessible 11 platform; and 12 (2) On the website of each Member State Occupational Therapy 13 Licensing Board or other publicly accessible platform or the publication in which each 14 State would otherwise publish proposed Rules. 15 (F) The Notice of Proposed Rulemaking shall include: 16 (1) The proposed time, date, and location of the meeting in which the 17 Rule will be considered and voted upon; 18 (2) The text of the proposed Rule or amendment and the reason for the 19 proposed Rule; 20 (3) A request for comments on the proposed Rule from any interested 21 person; and 22 (4) The manner in which interested persons may submit notice to the 23 Commission of their intention to attend the public hearing and any written comments. 24 (G) Prior to adoption of a proposed Rule, the Commission shall allow persons 25 to submit written data, facts, opinions, and arguments, which shall be made available 26 to the public. 27 (H) The Commission shall grant an opportunity for a public hearing before it 28 adopts a Rule or amendment if a hearing is requested by: 29 (1) At least twenty five (25) persons; 30 (2) A State or federal governmental subdivision or agency; or 31 (3) An association or organization having at least twenty five (25) 01 members. 02 (I) If a hearing is held on the proposed Rule or amendment, the Commission 03 shall publish the place, time, and date of the scheduled public hearing. If the hearing is 04 held via electronic means, the Commission shall publish the mechanism for access to 05 the electronic hearing. 06 (1) All persons wishing to be heard at the hearing shall notify the 07 executive director of the Commission or other designated member in writing of their 08 desire to appear and testify at the hearing not less than five (5) business days before 09 the scheduled date of the hearing. 10 (2) Hearings shall be conducted in a manner providing each person 11 who wishes to comment a fair and reasonable opportunity to comment orally or in 12 writing. 13 (3) All hearings will be recorded. A copy of the recording will be made 14 available on request. 15 (4) Nothing in this section shall be construed as requiring a separate 16 hearing on each Rule. Rules may be grouped for the convenience of the Commission 17 at hearings required by this section. 18 (J) Following the scheduled hearing date, or by the close of business on the 19 scheduled hearing date if the hearing was not held, the Commission shall consider all 20 written and oral comments received. 21 (K) If no written notice of intent to attend the public hearing by interested 22 parties is received, the Commission may proceed with promulgation of the proposed 23 Rule without a public hearing. 24 (L) The Commission shall, by majority vote of all members, take final action 25 on the proposed Rule and shall determine the effective date of the Rule, if any, based 26 on the Rulemaking record and the full text of the Rule. 27 (M) Upon determination that an emergency exists, the Commission may 28 consider and adopt an emergency Rule without prior notice, opportunity for comment, 29 or hearing, provided that the usual Rulemaking procedures provided in the Compact 30 and in this section shall be retroactively applied to the Rule as soon as reasonably 31 possible, in no event later than ninety (90) days after the effective date of the Rule. For 01 the purposes of this provision, an emergency Rule is one that must be adopted 02 immediately in order to: 03 (1) Meet an imminent threat to public health, safety, or welfare; 04 (2) Prevent a loss of Commission or Member State funds; 05 (3) Meet a deadline for the promulgation of an administrative Rule that 06 is established by federal law or Rule; or 07 (4) Protect public health and safety. 08 (N) The Commission or an authorized committee of the Commission may 09 direct revisions to a previously adopted Rule or amendment for purposes of correcting 10 typographical errors, errors in format, errors in consistency, or grammatical errors. 11 Public notice of any revisions shall be posted on the website of the Commission. The 12 revision shall be subject to challenge by any person for a period of thirty (30) days 13 after posting. The revision may be challenged only on grounds that the revision results 14 in a material change to a Rule. A challenge shall be made in writing and delivered to 15 the chair of the Commission prior to the end of the notice period. If no challenge is 16 made, the revision will take effect without further action. If the revision is challenged, 17 the revision may not take effect without the approval of the Commission. 18 SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 19 (A) Oversight 20 (1) The executive, legislative, and judicial branches of State 21 government in each Member State shall enforce this Compact and take all actions 22 necessary and appropriate to effectuate the Compact's purposes and intent. The 23 provisions of this Compact and the Rules promulgated hereunder shall have standing 24 as statutory law. 25 (2) All courts shall take judicial notice of the Compact and the Rules in 26 any judicial or administrative proceeding in a Member State pertaining to the subject 27 matter of this Compact which may affect the powers, responsibilities, or actions of the 28 Commission. 29 (3) The Commission shall be entitled to receive service of process in 30 any such proceeding, and shall have standing to intervene in such a proceeding for all 31 purposes. Failure to provide service of process to the Commission shall render a 01 judgment or order void as to the Commission, this Compact, or promulgated Rules. 02 (B) Default, Technical Assistance, and Termination 03 (1) If the Commission determines that a Member State has defaulted in 04 the performance of its obligations or responsibilities under this Compact or the 05 promulgated Rules, the Commission shall: 06 (a) Provide written notice to the defaulting State and other 07 Member States of the nature of the default, the proposed means of curing the 08 default and/or any other action to be taken by the Commission; and 09 (b) Provide remedial training and specific technical assistance 10 regarding the default. 11 (2) If a State in default fails to cure the default, the defaulting State 12 may be terminated from the Compact upon an affirmative vote of a majority of the 13 Member States, and all rights, privileges and benefits conferred by this Compact may 14 be terminated on the effective date of termination. A cure of the default does not 15 relieve the offending State of obligations or liabilities incurred during the period of 16 default. 17 (3) Termination of membership in the Compact shall be imposed only 18 after all other means of securing compliance have been exhausted. Notice of intent to 19 suspend or terminate shall be given by the Commission to the governor, the majority 20 and minority leaders of the defaulting State's legislature, and each of the Member 21 States. 22 (4) A State that has been terminated is responsible for all assessments, 23 obligations, and liabilities incurred through the effective date of termination, including 24 obligations that extend beyond the effective date of termination. 25 (5) The Commission shall not bear any costs related to a State that is 26 found to be in default or that has been terminated from the Compact, unless agreed 27 upon in writing between the Commission and the defaulting State. 28 (6) The defaulting State may appeal the action of the Commission by 29 petitioning the U.S. District Court for the District of Columbia or the federal district 30 where the Commission has its principal offices. The prevailing member shall be 31 awarded all costs of such litigation, including reasonable attorney's fees. 01 (C) Dispute Resolution 02 (1) Upon request by a Member State, the Commission shall attempt to 03 resolve disputes related to the Compact that arise among Member States and between 04 member and non-Member States. 05 (2) The Commission shall promulgate a Rule providing for both 06 mediation and binding dispute resolution for disputes as appropriate. 07 (D) Enforcement 08 (1) The Commission, in the reasonable exercise of its discretion, shall 09 enforce the provisions and Rules of this Compact. 10 (2) By majority vote, the Commission may initiate legal action in the 11 United States District Court for the District of Columbia or the federal district where 12 the Commission has its principal offices against a Member State in default to enforce 13 compliance with the provisions of the Compact and its promulgated Rules and bylaws. 14 The relief sought may include both injunctive relief and damages. In the event judicial 15 enforcement is necessary, the prevailing member shall be awarded all costs of such 16 litigation, including reasonable attorney's fees. 17 (3) The remedies herein shall not be the exclusive remedies of the 18 Commission. The Commission may pursue any other remedies available under federal 19 or State law. 20 SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE 21 COMMISSION FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED 22 RULES, WITHDRAWAL, AND AMENDMENT 23 (A) The Compact shall come into effect on the date on which the Compact 24 statute is enacted into law in the tenth Member State. The provisions, which become 25 effective at that time, shall be limited to the powers granted to the Commission 26 relating to assembly and the promulgation of Rules. Thereafter, the Commission shall 27 meet and exercise Rulemaking powers necessary to the implementation and 28 administration of the Compact. 29 (B) Any State that joins the Compact subsequent to the Commission's initial 30 adoption of the Rules shall be subject to the Rules as they exist on the date on which 31 the Compact becomes law in that State. Any Rule that has been previously adopted by 01 the Commission shall have the full force and effect of law on the day the Compact 02 becomes law in that State. 03 (C) Any Member State may withdraw from this Compact by enacting a statute 04 repealing the same. 05 (1) A Member State's withdrawal shall not take effect until six (6) 06 months after enactment of the repealing statute. 07 (2) Withdrawal shall not affect the continuing requirement of the 08 withdrawing State's Occupational Therapy Licensing Board to comply with the 09 investigative and Adverse Action reporting requirements of this act prior to the 10 effective date of withdrawal. 11 (D) Nothing contained in this Compact shall be construed to invalidate or 12 prevent any Occupational Therapy licensure agreement or other cooperative 13 arrangement between a Member State and a non-Member State that does not conflict 14 with the provisions of this Compact. 15 (E) This Compact may be amended by the Member States. No amendment to 16 this Compact shall become effective and binding upon any Member State until it is 17 enacted into the laws of all Member States. 18 SECTION 13. CONSTRUCTION AND SEVERABILITY 19 This Compact shall be liberally construed so as to effectuate the purposes 20 thereof. The provisions of this Compact shall be severable and if any phrase, clause, 21 sentence or provision of this Compact is declared to be contrary to the constitution of 22 any Member State or of the United States or the applicability thereof to any 23 government, agency, person, or circumstance is held invalid, the validity of the 24 remainder of this Compact and the applicability thereof to any government, agency, 25 person, or circumstance shall not be affected thereby. If this Compact shall be held 26 contrary to the constitution of any Member State, the Compact shall remain in full 27 force and effect as to the remaining Member States and in full force and effect as to 28 the Member State affected as to all severable matters. 29 SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS 30 (A) A Licensee providing Occupational Therapy in a Remote State under the 31 Compact Privilege shall function within the laws and regulations of the Remote State. 01 (B) Nothing herein prevents the enforcement of any other law of a Member 02 State that is not inconsistent with the Compact. 03 (C) Any laws in a Member State in conflict with the Compact are superseded 04 to the extent of the conflict. 05 (D) Any lawful actions of the Commission, including all Rules and bylaws 06 promulgated by the Commission, are binding upon the Member States. 07 (E) All agreements between the Commission and the Member States are 08 binding in accordance with their terms. 09 (F) In the event any provision of the Compact exceeds the constitutional limits 10 imposed on the legislature of any Member State, the provision shall be ineffective to 11 the extent of the conflict with the constitutional provision in question in that Member 12 State.