SCS CSHB 173(FIN) am S: "An Act relating to occupational therapist licensure; relating to occupational therapy assistant licensure; relating to an occupational therapist licensure compact; relating to an executive administrator for the State Physical Therapy and Occupational Therapy Board; relating to physical therapist licensure; relating to physical therapist assistant licensure; relating to audiologist licensure; relating to speech-language pathologist licensure; and relating to national criminal history record checks."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 173(FIN) am S 01 "An Act relating to occupational therapist licensure; relating to occupational therapy 02 assistant licensure; relating to an occupational therapist licensure compact; relating to 03 an executive administrator for the State Physical Therapy and Occupational Therapy 04 Board; relating to physical therapist licensure; relating to physical therapist assistant 05 licensure; relating to audiologist licensure; relating to speech-language pathologist 06 licensure; and relating to national criminal history record checks." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 08.11 is amended by adding a new section to read: 09 Sec. 08.11.310. Compact privilege applications. A licensee applying for a 10 compact privilege under AS 08.11.300 shall submit, along with the application, the 11 applicant's fingerprints and the fees required by the Department of Public Safety under 12 AS 12.62.160 for criminal justice information and a national criminal history record 13 check. The board shall forward the fingerprints and fees to the Department of Public
01 Safety to obtain a report of criminal justice information under AS 12.62 and a national 02 criminal history record check under AS 12.62.400. Criminal justice information and 03 criminal history record information obtained under this section may only be used by 04 the department for the purpose of determining an applicant's qualifications and fitness 05 for the compact privilege. 06 * Sec. 2. AS 08.84.010(b) is amended to read: 07 (b) The board shall control all matters pertaining to the licensing of physical 08 therapists, physical therapist assistants, occupational therapists, and occupational 09 therapy assistants and the practice of physical therapy and the practice of occupational 10 therapy. The board shall 11 (1) pass upon the qualifications of applicants; 12 (2) provide for the examination of applicants; 13 (3) issue temporary permits and licenses to persons qualified under this 14 chapter; 15 (4) suspend, revoke, or refuse to issue or renew a license under 16 AS 08.84.120; 17 (5) keep a current register listing the name, business address, date, and 18 number of the license of each person who is licensed to practice under this chapter; 19 (6) adopt regulations under AS 44.62 (Administrative Procedure Act) 20 necessary to carry out the purposes of this chapter, including regulations establishing 21 qualifications for licensure and renewal of licensure under this chapter; 22 (7) implement the Interstate Physical Therapy Licensure Compact 23 enacted by [UNDER] AS 08.84.188 and the Occupational Therapy Licensure 24 Compact enacted by AS 08.84.189. 25 * Sec. 3. AS 08.84 is amended by adding a new section to article 1 to read: 26 Sec. 08.84.025. Executive administrator. The board shall employ an 27 executive administrator who shall perform duties as prescribed by the board. The 28 executive administrator is the principal executive officer of the board and is in the 29 partially exempt service under AS 39.25.120. 30 * Sec. 4. AS 08.84.030(a) is amended to read: 31 (a) To be eligible for licensure by the board as a physical therapist or physical
01 therapist assistant, an applicant, unless a graduate of a foreign school of physical 02 therapy located outside the United States, shall 03 (1) have graduated from a professional physical therapy education 04 program that includes supervised field work and is accredited by a national 05 accreditation agency approved by the board; 06 (2) pass, to the satisfaction of the board, an examination prepared by a 07 national testing service approved by the board to determine the applicant's fitness for 08 practice as a physical therapist or physical therapist assistant, or be entitled to 09 licensure without examination as provided in AS 08.84.060; 10 (3) meet qualifications for licensure established in regulations adopted 11 by the board under AS 08.84.010(b); and 12 (4) have been fingerprinted and have provided the fees required by the 13 Department of Public Safety under AS 12.62.160 for criminal justice information and 14 a national criminal history record check; the fingerprints and fees shall be forwarded 15 to the Department of Public Safety to obtain a report of criminal justice information 16 under AS 12.62 and a national criminal history record check under AS 12.62.400; 17 criminal justice information and criminal history record information obtained 18 under this paragraph may only be used by the board for the purpose of 19 determining an applicant's qualifications and fitness for the license or a compact 20 privilege under AS 08.84.188. 21 * Sec. 5. AS 08.84.040 is amended by adding a new subsection to read: 22 (b) A licensee applying for a compact privilege under AS 08.84.189 shall 23 submit, along with the application, the applicant's fingerprints and the fees required by 24 the Department of Public Safety under AS 12.62.160 for criminal justice information 25 and a national criminal history record check. The board shall forward the fingerprints 26 and fees to the Department of Public Safety to obtain a report of criminal justice 27 information under AS 12.62 and a national criminal history record check under 28 AS 12.62.400. Criminal justice information and criminal history record information 29 obtained under this subsection may only be used by the board for the purpose of 30 determining an applicant's qualifications and fitness for the compact privilege. 31 * Sec. 6. AS 08.84 is amended by adding a new section to read:
01 Sec. 08.84.095. Scope of practice for occupational therapists and 02 occupational therapy assistants. (a) An occupational therapist may provide 03 occupational therapy to a person whose ability or opportunity to participate in 04 activities of daily living, play, leisure, or an occupation is or may be limited or 05 restricted because the person has or is at risk of having an injury, disorder, 06 impairment, or disability that limits or restricts the person's ability to engage in an 07 occupation or other goal-oriented task or activity. The therapist may evaluate, analyze, 08 and diagnose the cause of the limitation or restriction and intervene with occupational 09 therapy to decrease or eliminate the cause, help the person recover from or adjust to 10 the limitation or restriction, and restore the person's ability to engage in an occupation 11 or other goal-oriented task or activity. 12 (b) An occupational therapist may initiate and provide occupational therapy, 13 including therapy under (c) of this section, without a referral from another provider of 14 health care services. 15 (c) The services an occupational therapist may provide to a person include 16 (1) treating a person's pain; 17 (2) habilitating, rehabilitating, and working with a person to adjust 18 physical, neuromusculoskeletal, cognitive, psychosocial, sensory-perceptive, visual, or 19 other aspects of performance in a variety of contexts to improve or maintain the 20 person's ability to engage in an occupation or other goal-oriented task or activity, 21 regardless of the person's ability-related needs; 22 (3) evaluating and treating a person to promote, enhance, or restore the 23 person's ability to safely perform activities of daily living and instrumental activities 24 of daily living and safely engage in sleep, rest, education, work, play, leisure, health 25 management, and social participation; 26 (4) administering, evaluating, and interpreting tests and measurements 27 of a person's bodily functions and structures; 28 (5) establishing, remediating, preventing, or compensating for a barrier 29 to a person's performance skills; in this paragraph, a barrier to a person's performance 30 skills may include the person's bodily structures and functions, habits, routines, roles, 31 environmental and personal factors, and physical, neuromusculoskeletal, cognitive,
01 psychosocial, sensory perception, communication, interaction, and pain management 02 skills; 03 (6) managing a person's ability to eat, feed themselves, or swallow to 04 improve or maintain eating and feeding performance; 05 (7) designing, fabricating, applying, or ?tting assistive technology or 06 an adaptive or orthotic device; 07 (8) training a person to 08 (A) use assistive technology or an adaptive, orthotic, or 09 prosthetic device; and 10 (B) manage the person's seating and positioning; 11 (9) adapting environments and assessing, recommending, and training 12 a person on the techniques the person may use to enhance the person's functional and 13 community mobility; 14 (10) preventing pain and dysfunction, restoring function, or reversing 15 or arresting the progression of a pathology; 16 (11) applying an adjunctive intervention or therapeutic procedure to 17 prepare for or use with occupation-based activities; in this paragraph, "adjunctive 18 intervention or therapeutic procedure" includes a thermal, mechanical, electrophysical, 19 or instrument-assisted treatment modality, wound care, and manual therapy; and 20 (12) promoting a person's good physical and mental health and 21 wellness, regardless of the person's ability-related needs. 22 (d) An occupational therapist may allow an occupational therapy assistant to 23 assist with or administer occupational therapy that the occupational therapy assistant is 24 professionally competent to assist with or administer, including assessing a patient in 25 an evaluation delegated to the occupational therapy assistant and preparing reports on 26 the assessment for the occupational therapist. The occupational therapist shall 27 supervise the occupational therapy assistant when acting under this subsection. 28 (e) In this section, "health" means a person's physical or mental health. 29 * Sec. 7. AS 08.84.150(b) is amended to read: 30 (b) A person may not provide services that the person describes as 31 occupational therapy without being licensed under this chapter unless the person is
01 (1) a student in an accredited occupational therapy program or in a 02 supervised field work program; 03 (2) a graduate of a foreign school of occupational therapy fulfilling the 04 internship requirement of AS 08.84.032, and then only unless under the continuous 05 direction and immediate supervision of an occupational therapist; 06 (3) an occupational therapist or occupational therapy assistant 07 employed by the United States government while in the discharge of official duties; 08 (4) granted a limited permit under AS 08.84.075; 09 (5) licensed under this title and uses occupational therapy skills in the 10 practice of the profession for which the license is issued; [OR] 11 (6) employed as a teacher or teacher's aide by an educational 12 institution and is required to use occupational therapy skills during the course of 13 employment, if 14 (A) the occupational therapy skills are used under a program 15 implemented by the employer and developed by a licensed occupational 16 therapist; 17 (B) the employer maintains direct supervision of the person's 18 use of occupational therapy skills; and 19 (C) the person does not represent to 20 (i) be an occupational therapist or occupational therapy 21 assistant; and 22 (ii) practice occupational therapy; or 23 (7) granted a compact privilege under AS 08.84.189. 24 * Sec. 8. AS 08.84 is amended by adding a new section to read: 25 Article 4A. Occupational Therapy Licensure Compact. 26 Sec. 08.84.189. Compact enacted. The Occupational Therapy Licensure 27 Compact as contained in this section is enacted into law and entered into on behalf of 28 the state with all other states and jurisdictions legally joining it in a form substantially 29 as follows: 30 SECTION 1. PURPOSE 31 The purpose of this Compact is to facilitate interstate practice of Occupational
01 Therapy with the goal of improving public access to Occupational Therapy services. 02 The Practice of Occupational Therapy occurs in the State where the patient/client is 03 located at the time of the patient/client encounter. The Compact preserves the 04 regulatory authority of States to protect public health and safety through the current 05 system of State licensure. 06 This Compact is designed to achieve the following objectives: 07 (A) Increase public access to Occupational Therapy services by providing for 08 the mutual recognition of other Member State licenses; 09 (B) Enhance the States' ability to protect the public's health and safety; 10 (C) Encourage the cooperation of Member States in regulating multi-State 11 Occupational Therapy Practice; 12 (D) Support spouses of relocating military members; 13 (E) Enhance the exchange of licensure, investigative, and disciplinary 14 information between Member States; 15 (F) Allow a Remote State to hold a provider of services with a Compact 16 Privilege in that State accountable to that State's practice standards; and 17 (G) Facilitate the use of Telehealth technology in order to increase access to 18 Occupational Therapy services. 19 SECTION 2. DEFINITIONS 20 As used in this Compact, and except as otherwise provided, the following 21 definitions shall apply: 22 (A) "Active Duty Military" means full-time duty status in the active 23 uniformed service of the United States, including members of the National Guard and 24 Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. 25 Chapter 1211. 26 (B) "Adverse Action" means any administrative, civil, equitable, or criminal 27 action permitted by a State's laws which is imposed by a Licensing Board or other 28 authority against an Occupational Therapist or Occupational Therapy Assistant, 29 including actions against an individual's license or Compact Privilege such as censure, 30 revocation, suspension, probation, monitoring of the Licensee, or restriction on the 31 Licensee's practice.
01 (C) "Alternative Program" means a non-disciplinary monitoring process 02 approved by an Occupational Therapy Licensing Board. 03 (D) "Compact Privilege" means the authorization, which is equivalent to a 04 license, granted by a Remote State to allow a Licensee from another Member State to 05 practice as an Occupational Therapist or practice as an Occupational Therapy 06 Assistant in the Remote State under its laws and rules. The Practice of Occupational 07 Therapy occurs in the Member State where the patient/client is located at the time of 08 the patient/client encounter. 09 (E) "Continuing Competence/Education" means a requirement, as a condition 10 of license renewal, to provide evidence of participation in, and/or completion of, 11 educational and professional activities relevant to practice or area of work. 12 (F) "Current Significant Investigative Information" means Investigative 13 Information that a Licensing Board, after an inquiry or investigation that includes 14 notification and an opportunity for the Occupational Therapist or Occupational 15 Therapy Assistant to respond, if required by State law, has reason to believe is not 16 groundless and, if proved true, would indicate more than a minor infraction. 17 (G) "Data System" means a repository of information about Licensees, 18 including but not limited to license status, Investigative Information, Compact 19 Privileges, and Adverse Actions. 20 (H) "Encumbered License" means a license in which an Adverse Action 21 restricts the Practice of Occupational Therapy by the Licensee or said Adverse Action 22 has been reported to the National Practitioner Data Bank (NPDB). 23 (I) "Executive Committee" means a group of directors elected or appointed to 24 act on behalf of, and within the powers granted to them by, the Commission. 25 (J) "Home State" means the Member State that is the Licensee's Primary State 26 of Residence. 27 (K) "Impaired Practitioner" means individuals whose professional practice is 28 adversely affected by substance abuse, addiction, or other health-related conditions. 29 (L) "Investigative Information" means information, records, and/or documents 30 received or generated by an Occupational Therapy Licensing Board pursuant to an 31 investigation.
01 (M) "Jurisprudence Requirement" means the assessment of an individual's 02 knowledge of the laws and rules governing the Practice of Occupational Therapy in a 03 State. 04 (N) "Licensee" means an individual who currently holds an authorization from 05 the State to practice as an Occupational Therapist or as an Occupational Therapy 06 Assistant. 07 (O) "Member State" means a State that has enacted the Compact. 08 (P) "Occupational Therapist" means an individual who is licensed by a State 09 to practice Occupational Therapy. 10 (Q) "Occupational Therapy Assistant" means an individual who is licensed by 11 a State to assist in the Practice of Occupational Therapy. 12 (R) "Occupational Therapy," "Occupational Therapy Practice," and the 13 "Practice of Occupational Therapy" mean the care and services provided by an 14 Occupational Therapist or an Occupational Therapy Assistant as set forth in the 15 Member State's statutes and regulations. 16 (S) "Occupational Therapy Compact Commission" or "Commission" means 17 the national administrative body whose membership consists of all States that have 18 enacted the Compact. 19 (T) "Occupational Therapy Licensing Board" or "Licensing Board" means the 20 agency of a State that is authorized to license and regulate Occupational Therapists 21 and Occupational Therapy Assistants. 22 (U) "Primary State of Residence" means the state (also known as the Home 23 State) in which an Occupational Therapist or Occupational Therapy Assistant who is 24 not Active Duty Military declares a primary residence for legal purposes as verified 25 by: driver's license, federal income tax return, lease, deed, mortgage or voter 26 registration or other verifying documentation as further defined by Commission Rules. 27 (V) "Remote State" means a Member State other than the Home State, where a 28 Licensee is exercising or seeking to exercise the Compact Privilege. 29 (W) "Rule" means a regulation promulgated by the Commission that has the 30 force of law. 31 (X) "State" means any state, commonwealth, district, or territory of the United
01 States of America that regulates the Practice of Occupational Therapy. 02 (Y) "Single-State License" means an Occupational Therapist or Occupational 03 Therapy Assistant license issued by a Member State that authorizes practice only 04 within the issuing State and does not include a Compact Privilege in any other 05 Member State. 06 (Z) "Telehealth" means the application of telecommunication technology to 07 deliver Occupational Therapy services for assessment, intervention and/or 08 consultation. 09 SECTION 3. STATE PARTICIPATION IN THE COMPACT 10 (A) To participate in the Compact, a Member State shall: 11 (1) License Occupational Therapists and Occupational Therapy 12 Assistants; 13 (2) Participate fully in the Commission's Data System, including but 14 not limited to using the Commission's unique identifier as defined in Rules of the 15 Commission; 16 (3) Have a mechanism in place for receiving and investigating 17 complaints about Licensees; 18 (4) Notify the Commission, in compliance with the terms of the 19 Compact and Rules, of any Adverse Action or the availability of Investigative 20 Information regarding a Licensee; 21 (5) Implement or utilize procedures for considering the criminal 22 history records of applicants for an initial Compact Privilege. These procedures shall 23 include the submission of fingerprints or other biometric-based information by 24 applicants for the purpose of obtaining an applicant's criminal history record 25 information from the Federal Bureau of Investigation and the agency responsible for 26 retaining that State's criminal records; 27 (a) A Member State shall, within a time frame established by 28 the Commission, require a criminal background check for a Licensee 29 seeking/applying for a Compact Privilege whose Primary State of Residence is 30 that Member State, by receiving the results of the Federal Bureau of 31 Investigation criminal record search, and shall use the results in making
01 licensure decisions. 02 (b) Communication between a Member State, the Commission 03 and among Member States regarding the verification of eligibility for licensure 04 through the Compact shall not include any information received from the 05 Federal Bureau of Investigation relating to a federal criminal records check 06 performed by a Member State under Public Law 92-544. 07 (6) Comply with the Rules of the Commission; 08 (7) Utilize only a recognized national examination as a requirement for 09 licensure pursuant to the Rules of the Commission; and 10 (8) Have Continuing Competence/Education requirements as a 11 condition for license renewal. 12 (B) A Member State shall grant the Compact Privilege to a Licensee holding a 13 valid unencumbered license in another Member State in accordance with the terms of 14 the Compact and Rules. 15 (C) Member States may charge a fee for granting a Compact Privilege. 16 (D) A Member State shall provide for the State's delegate to attend all 17 Occupational Therapy Compact Commission meetings. 18 (E) Individuals not residing in a Member State shall continue to be able to 19 apply for a Member State's Single-State License as provided under the laws of each 20 Member State. However, the Single-State License granted to these individuals shall 21 not be recognized as granting the Compact Privilege in any other Member State. 22 (F) Nothing in this Compact shall affect the requirements established by a 23 Member State for the issuance of a Single-State License. 24 SECTION 4. COMPACT PRIVILEGE 25 (A) To exercise the Compact Privilege under the terms and provisions of the 26 Compact, the Licensee shall: 27 (1) Hold a license in the Home State; 28 (2) Have a valid United States Social Security Number or National 29 Practitioner Identification number; 30 (3) Have no encumbrance on any State license; 31 (4) Be eligible for a Compact Privilege in any Member State in
01 accordance with Section 4D, F, G, and H; 02 (5) Have paid all fines and completed all requirements resulting from 03 any Adverse Action against any license or Compact Privilege, and two years have 04 elapsed from the date of such completion; 05 (6) Notify the Commission that the Licensee is seeking the Compact 06 Privilege within a Remote State(s); 07 (7) Pay any applicable fees, including any State fee, for the Compact 08 Privilege; 09 (8) Complete a criminal background check in accordance with Section 10 3A(5); 11 (a) The Licensee shall be responsible for the payment of any 12 fee associated with the completion of a criminal background check. 13 (9) Meet any Jurisprudence Requirements established by the Remote 14 State(s) in which the Licensee is seeking a Compact Privilege; and 15 (10) Report to the Commission Adverse Action taken by any non- 16 Member State within 30 days from the date the Adverse Action is taken. 17 (B) The Compact Privilege is valid until the expiration date of the Home State 18 license. The Licensee must comply with the requirements of Section 4A to maintain 19 the Compact Privilege in the Remote State. 20 (C) A Licensee providing Occupational Therapy in a Remote State under the 21 Compact Privilege shall function within the laws and regulations of the Remote State. 22 (D) Occupational Therapy Assistants practicing in a Remote State shall be 23 supervised by an Occupational Therapist licensed or holding a Compact Privilege in 24 that Remote State. 25 (E) A Licensee providing Occupational Therapy in a Remote State is subject 26 to that State's regulatory authority. A Remote State may, in accordance with due 27 process and that State's laws, remove a Licensee's Compact Privilege in the Remote 28 State for a specific period of time, impose fines, and/or take any other necessary 29 actions to protect the health and safety of its citizens. The Licensee may be ineligible 30 for a Compact Privilege in any State until the specific time for removal has passed and 31 all fines are paid.
01 (F) If a Home State license is encumbered, the Licensee shall lose the 02 Compact Privilege in any Remote State until the following occur: 03 (1) The Home State license is no longer encumbered; and 04 (2) Two years have elapsed from the date on which the Home State 05 license is no longer encumbered in accordance with Section 4F(1). 06 (G) Once an Encumbered License in the Home State is restored to good 07 standing, the Licensee must meet the requirements of Section 4A to obtain a Compact 08 Privilege in any Remote State. 09 (H) If a Licensee's Compact Privilege in any Remote State is removed, the 10 individual may lose the Compact Privilege in any other Remote State until the 11 following occur: 12 (1) The specific period of time for which the Compact Privilege was 13 removed has ended; 14 (2) All fines have been paid and all conditions have been met; 15 (3) Two years have elapsed from the date of completing requirements 16 for Section 4H(1) and (2); and 17 (4) The Compact Privileges are reinstated by the Commission, and the 18 compact Data System is updated to reflect reinstatement. 19 (I) If a Licensee's Compact Privilege in any Remote State is removed due to 20 an erroneous charge, privileges shall be restored through the compact Data System. 21 (J) Once the requirements of Section 4H have been met, the Licensee must 22 meet the requirements in Section 4A to obtain a Compact Privilege in a Remote State. 23 SECTION 5. OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF 24 COMPACT PRIVILEGE 25 (A) An Occupational Therapist or Occupational Therapy Assistant may hold a 26 Home State license, which allows for Compact Privileges in Member States, in only 27 one Member State at a time. 28 (B) If an Occupational Therapist or Occupational Therapy Assistant changes 29 Primary State of Residence by moving between two Member States: 30 (1) The Occupational Therapist or Occupational Therapy Assistant 31 shall file an application for obtaining a new Home State license by virtue of a
01 Compact Privilege, pay all applicable fees, and notify the current and new Home State 02 in accordance with applicable Rules adopted by the Commission. 03 (2) Upon receipt of an application for obtaining a new Home State 04 license by virtue of compact privilege, the new Home State shall verify that the 05 Occupational Therapist or Occupational Therapy Assistant meets the pertinent criteria 06 outlined in Section 4 via the Data System, without need for primary source 07 verification except for: 08 (a) an FBI fingerprint based criminal background check if not 09 previously performed or updated pursuant to applicable Rules adopted by the 10 Commission in accordance with Public Law 92-544; 11 (b) other criminal background check as required by the new 12 Home State; and 13 (c) submission of any requisite Jurisprudence Requirements of 14 the new Home State. 15 (3) The former Home State shall convert the former Home State 16 license into a Compact Privilege once the new Home State has activated the new 17 Home State license in accordance with applicable Rules adopted by the Commission. 18 (4) Notwithstanding any other provision of this Compact, if the 19 Occupational Therapist or Occupational Therapy Assistant cannot meet the criteria in 20 Section 4, the new Home State shall apply its requirements for issuing a new Single- 21 State License. 22 (5) The Occupational Therapist or the Occupational Therapy Assistant 23 shall pay all applicable fees to the new Home State in order to be issued a new Home 24 State license. 25 (C) If an Occupational Therapist or Occupational Therapy Assistant changes 26 Primary State of Residence by moving from a Member State to a non-Member State, 27 or from a non-Member State to a Member State, the State criteria shall apply for 28 issuance of a Single-State License in the new State. 29 (D) Nothing in this compact shall interfere with a Licensee's ability to hold a 30 Single-State License in multiple States; however, for the purposes of this compact, a 31 Licensee shall have only one Home State license.
01 (E) Nothing in this Compact shall affect the requirements established by a 02 Member State for the issuance of a Single-State License. 03 SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 04 (A) Active Duty Military personnel, or their spouses, shall designate a Home 05 State where the individual has a current license in good standing. The individual may 06 retain the Home State designation during the period the service member is on active 07 duty. Subsequent to designating a Home State, the individual shall only change their 08 Home State through application for licensure in the new State or through the process 09 described in Section 5. 10 SECTION 7. ADVERSE ACTIONS 11 (A) A Home State shall have exclusive power to impose Adverse Action 12 against an Occupational Therapist's or Occupational Therapy Assistant's license issued 13 by the Home State. 14 (B) In addition to the other powers conferred by State law, a Remote State 15 shall have the authority, in accordance with existing State due process law, to: 16 (1) Take Adverse Action against an Occupational Therapist's or 17 Occupational Therapy Assistant's Compact Privilege within that Member State. 18 (2) Issue subpoenas for both hearings and investigations that require 19 the attendance and testimony of witnesses as well as the production of evidence. 20 Subpoenas issued by a Licensing Board in a Member State for the attendance and 21 testimony of witnesses or the production of evidence from another Member State shall 22 be enforced in the latter State by any court of competent jurisdiction, according to the 23 practice and procedure of that court applicable to subpoenas issued in proceedings 24 pending before it. The issuing authority shall pay any witness fees, travel expenses, 25 mileage and other fees required by the service statutes of the State in which the 26 witnesses or evidence are located. 27 (C) For purposes of taking Adverse Action, the Home State shall give the 28 same priority and effect to reported conduct received from a Member State as it would 29 if the conduct had occurred within the Home State. In so doing, the Home State shall 30 apply its own State laws to determine appropriate action. 31 (D) The Home State shall complete any pending investigations of an
01 Occupational Therapist or Occupational Therapy Assistant who changes Primary State 02 of Residence during the course of the investigations. The Home State, where the 03 investigations were initiated, shall also have the authority to take appropriate action(s) 04 and shall promptly report the conclusions of the investigations to the OT Compact 05 Commission Data System. The Occupational Therapy Compact Commission Data 06 System administrator shall promptly notify the new Home State of any Adverse 07 Actions. 08 (E) A Member State, if otherwise permitted by State law, may recover from 09 the affected Occupational Therapist or Occupational Therapy Assistant the costs of 10 investigations and disposition of cases resulting from any Adverse Action taken 11 against that Occupational Therapist or Occupational Therapy Assistant. 12 (F) A Member State may take Adverse Action based on the factual findings of 13 the Remote State, provided that the Member State follows its own procedures for 14 taking the Adverse Action. 15 (G) Joint Investigations 16 (1) In addition to the authority granted to a Member State by its 17 respective State Occupational Therapy laws and regulations or other applicable State 18 law, any Member State may participate with other Member States in joint 19 investigations of Licensees. 20 (2) Member States shall share any investigative, litigation, or 21 compliance materials in furtherance of any joint or individual investigation initiated 22 under the Compact. 23 (H) If an Adverse Action is taken by the Home State against an Occupational 24 Therapist's or Occupational Therapy Assistant's license, the Occupational Therapist's 25 or Occupational Therapy Assistant's Compact Privilege in all other Member States 26 shall be deactivated until all encumbrances have been removed from the State license. 27 All Home State disciplinary orders that impose Adverse Action against an 28 Occupational Therapist's or Occupational Therapy Assistant's license shall include a 29 Statement that the Occupational Therapist's or Occupational Therapy Assistant's 30 Compact Privilege is deactivated in all Member States during the pendency of the 31 order.
01 (I) If a Member State takes Adverse Action, it shall promptly notify the 02 administrator of the Data System. The administrator of the Data System shall promptly 03 notify the Home State of any Adverse Actions by Remote States. 04 (J) Nothing in this Compact shall override a Member State's decision that 05 participation in an Alternative Program may be used in lieu of Adverse Action. 06 SECTION 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY 07 COMPACT COMMISSION 08 (A) The Compact Member States hereby create and establish a joint public 09 agency known as the Occupational Therapy Compact Commission: 10 (1) The Commission is an instrumentality of the Compact States. 11 (2) Venue is proper and judicial proceedings by or against the 12 Commission shall be brought solely and exclusively in a court of competent 13 jurisdiction where the principal office of the Commission is located. The Commission 14 may waive venue and jurisdictional defenses to the extent it adopts or consents to 15 participate in alternative dispute resolution proceedings. 16 (3) Nothing in this Compact shall be construed to be a waiver of 17 sovereign immunity. 18 (B) Membership, Voting, and Meetings 19 (1) Each Member State shall have and be limited to one (1) delegate 20 selected by that Member State's Licensing Board. 21 (2) The delegate shall be either: 22 (a) A current member of the Licensing Board, who is an 23 Occupational Therapist, Occupational Therapy Assistant, or public member; or 24 (b) An administrator of the Licensing Board. 25 (3) Any delegate may be removed or suspended from office as 26 provided by the law of the State from which the delegate is appointed. 27 (4) The Member State board shall fill any vacancy occurring in the 28 Commission within 90 days. 29 (5) Each delegate shall be entitled to one (1) vote with regard to the 30 promulgation of Rules and creation of bylaws and shall otherwise have an opportunity 31 to participate in the business and affairs of the Commission. A delegate shall vote in
01 person or by such other means as provided in the bylaws. The bylaws may provide for 02 delegates' participation in meetings by telephone or other means of communication. 03 (6) The Commission shall meet at least once during each calendar 04 year. Additional meetings shall be held as set forth in the bylaws. 05 (7) The Commission shall establish by Rule a term of office for 06 delegates. 07 (C) The Commission shall have the following powers and duties: 08 (1) Establish a Code of Ethics for the Commission; 09 (2) Establish the fiscal year of the Commission; 10 (3) Establish bylaws; 11 (4) Maintain its financial records in accordance with the bylaws; 12 (5) Meet and take such actions as are consistent with the provisions of 13 this Compact and the bylaws; 14 (6) Promulgate uniform Rules to facilitate and coordinate 15 implementation and administration of this Compact. The Rules shall have the force 16 and effect of law and shall be binding in all Member States; 17 (7) Bring and prosecute legal proceedings or actions in the name of the 18 Commission, provided that the standing of any State Occupational Therapy Licensing 19 Board to sue or be sued under applicable law shall not be affected; 20 (8) Purchase and maintain insurance and bonds; 21 (9) Borrow, accept, or contract for services of personnel, including, but 22 not limited to, employees of a Member State; 23 (10) Hire employees, elect or appoint officers, fix compensation, 24 define duties, grant such individuals appropriate authority to carry out the purposes of 25 the Compact, and establish the Commission's personnel policies and programs relating 26 to conflicts of interest, qualifications of personnel, and other related personnel matters; 27 (11) Accept any and all appropriate donations and grants of money, 28 equipment, supplies, materials and services, and receive, utilize and dispose of the 29 same; provided that at all times the Commission shall avoid any appearance of 30 impropriety and/or conflict of interest; 31 (12) Lease, purchase, accept appropriate gifts or donations of, or
01 otherwise own, hold, improve or use, any property, real, personal or mixed; provided 02 that at all times the Commission shall avoid any appearance of impropriety; 03 (13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 04 otherwise dispose of any property real, personal, or mixed; 05 (14) Establish a budget and make expenditures; 06 (15) Borrow money; 07 (16) Appoint committees, including standing committees composed of 08 members, State regulators, State legislators or their representatives, and consumer 09 representatives, and such other interested persons as may be designated in this 10 Compact and the bylaws; 11 (17) Provide and receive information from, and cooperate with, law 12 enforcement agencies; 13 (18) Establish and elect an Executive Committee; and 14 (19) Perform such other functions as may be necessary or appropriate 15 to achieve the purposes of this Compact consistent with the State regulation of 16 Occupational Therapy licensure and practice. 17 (D) The Executive Committee 18 The Executive Committee shall have the power to act on behalf of the 19 Commission according to the terms of this Compact. 20 (1) The Executive Committee shall be composed of nine members: 21 (a) Seven voting members who are elected by the Commission 22 from the current membership of the Commission; 23 (b) One ex-officio, nonvoting member from a recognized 24 national Occupational Therapy professional association; and 25 (c) One ex-officio, nonvoting member from a recognized 26 national Occupational Therapy certification organization. 27 (2) The ex-officio members will be selected by their respective 28 organizations. 29 (3) The Commission may remove any member of the Executive 30 Committee as provided in bylaws. 31 (4) The Executive Committee shall meet at least annually.
01 (5) The Executive Committee shall have the following Duties and 02 responsibilities: 03 (a) Recommend to the entire Commission changes to the Rules 04 or bylaws, changes to this Compact legislation, fees paid by Compact Member 05 States such as annual dues, and any Commission Compact fee charged to 06 Licensees for the Compact Privilege; 07 (b) Ensure Compact administration services are appropriately 08 provided, contractual or otherwise; 09 (c) Prepare and recommend the budget; 10 (d) Maintain financial records on behalf of the Commission; 11 (e) Monitor Compact compliance of Member States and 12 provide compliance reports to the Commission; 13 (f) Establish additional committees as necessary; and 14 (g) Perform other duties as provided in Rules or bylaws. 15 (E) Meetings of the Commission 16 (1) All meetings shall be open to the public, and public notice of 17 meetings shall be given in the same manner as required under the Rulemaking 18 provisions in Section 10. 19 (2) The Commission or the Executive Committee or other committees 20 of the Commission may convene in a closed, non-public meeting if the Commission or 21 Executive Committee or other committees of the Commission must discuss: 22 (a) Non-compliance of a Member State with its obligations 23 under the Compact; 24 (b) The employment, compensation, discipline or other matters, 25 practices or procedures related to specific employees or other matters related to 26 the Commission's internal personnel practices and procedures; 27 (c) Current, threatened, or reasonably anticipated litigation; 28 (d) Negotiation of contracts for the purchase, lease, or sale of 29 goods, services, or real estate; 30 (e) Accusing any person of a crime or formally censuring any 31 person;
01 (f) Disclosure of trade secrets or commercial or financial 02 information that is privileged or confidential; 03 (g) Disclosure of information of a personal nature where 04 disclosure would constitute a clearly unwarranted invasion of personal privacy; 05 (h) Disclosure of investigative records compiled for law 06 enforcement purposes; 07 (i) Disclosure of information related to any investigative 08 reports prepared by or on behalf of or for use of the Commission or other 09 committee charged with responsibility of investigation or determination of 10 compliance issues pursuant to the Compact; or 11 (j) Matters specifically exempted from disclosure by federal or 12 Member State statute. 13 (3) If a meeting, or portion of a meeting, is closed pursuant to this 14 provision, the Commission's legal counsel or designee shall certify that the meeting 15 may be closed and shall reference each relevant exempting provision. 16 (4) The Commission shall keep minutes that fully and clearly describe 17 all matters discussed in a meeting and shall provide a full and accurate summary of 18 actions taken, and the reasons therefore, including a description of the views 19 expressed. All documents considered in connection with an action shall be identified 20 in such minutes. All minutes and documents of a closed meeting shall remain under 21 seal, subject to release by a majority vote of the Commission or order of a court of 22 competent jurisdiction. 23 (F) Financing of the Commission 24 (1) The Commission shall pay, or provide for the payment of, the 25 reasonable expenses of its establishment, organization, and ongoing activities. 26 (2) The Commission may accept any and all appropriate revenue 27 sources, donations, and grants of money, equipment, supplies, materials, and services. 28 (3) The Commission may levy on and collect an annual assessment 29 from each Member State or impose fees on other parties to cover the cost of the 30 operations and activities of the Commission and its staff, which must be in a total 31 amount sufficient to cover its annual budget as approved by the Commission each year
01 for which revenue is not provided by other sources. The aggregate annual assessment 02 amount shall be allocated based upon a formula to be determined by the Commission, 03 which shall promulgate a Rule binding upon all Member States. 04 (4) The Commission shall not incur obligations of any kind prior to 05 securing the funds adequate to meet the same; nor shall the Commission pledge the 06 credit of any of the Member States, except by and with the authority of the Member 07 State. 08 (5) The Commission shall keep accurate accounts of all receipts and 09 disbursements. The receipts and disbursements of the Commission shall be subject to 10 the audit and accounting procedures established under its bylaws. However, all 11 receipts and disbursements of funds handled by the Commission shall be audited 12 yearly by a certified or licensed public accountant, and the report of the audit shall be 13 included in and become part of the annual report of the Commission. 14 (G) Qualified Immunity, Defense, and Indemnification 15 (1) The members, officers, executive director, employees and 16 representatives of the Commission shall be immune from suit and liability, either 17 personally or in their official capacity, for any claim for damage to or loss of property 18 or personal injury or other civil liability caused by or arising out of any actual or 19 alleged act, error or omission that occurred, or that the person against whom the claim 20 is made had a reasonable basis for believing occurred within the scope of Commission 21 employment, duties or responsibilities; provided that nothing in this paragraph shall be 22 construed to protect any such person from suit and/or liability for any damage, loss, 23 injury, or liability caused by the intentional or willful or wanton misconduct of that 24 person. 25 (2) The Commission shall defend any member, officer, executive 26 director, employee, or representative of the Commission in any civil action seeking to 27 impose liability arising out of any actual or alleged act, error, or omission that 28 occurred within the scope of Commission employment, duties, or responsibilities, or 29 that the person against whom the claim is made had a reasonable basis for believing 30 occurred within the scope of Commission employment, duties, or responsibilities; 31 provided that nothing herein shall be construed to prohibit that person from retaining
01 his or her own counsel; and provided further, that the actual or alleged act, error, or 02 omission did not result from that person's intentional or willful or wanton misconduct. 03 (3) The Commission shall indemnify and hold harmless any member, 04 officer, executive director, employee, or representative of the Commission for the 05 amount of any settlement or judgment obtained against that person arising out of any 06 actual or alleged act, error or omission that occurred within the scope of Commission 07 employment, duties, or responsibilities, or that such person had a reasonable basis for 08 believing occurred within the scope of Commission employment, duties, or 09 responsibilities, provided that the actual or alleged act, error, or omission did not result 10 from the intentional or willful or wanton misconduct of that person. 11 SECTION 9. DATA SYSTEM 12 (A) The Commission shall provide for the development, maintenance, and 13 utilization of a coordinated database and reporting system containing licensure, 14 Adverse Action, and Investigative Information on all licensed individuals in Member 15 States. 16 (B) A Member State shall submit a uniform data set to the Data System on all 17 individuals to whom this Compact is applicable (utilizing a unique identifier) as 18 required by the Rules of the Commission, including: 19 (1) Identifying information; 20 (2) Licensure data; 21 (3) Adverse Actions against a license or Compact Privilege; 22 (4) Non-confidential information related to Alternative Program 23 participation; 24 (5) Any denial of application for licensure, and the reason(s) for such 25 denial; 26 (6) Other information that may facilitate the administration of this 27 Compact, as determined by the Rules of the Commission; and 28 (7) Current Significant Investigative Information. 29 (C) Current Significant Investigative Information and other Investigative 30 Information pertaining to a Licensee in any Member State will only be available to 31 other Member States.
01 (D) The Commission shall promptly notify all Member States of any Adverse 02 Action taken against a Licensee or an individual applying for a license. Adverse 03 Action information pertaining to a Licensee in any Member State will be available to 04 any other Member State. 05 (E) Member States contributing information to the Data System may designate 06 information that may not be shared with the public without the express permission of 07 the contributing State. 08 (F) Any information submitted to the Data System that is subsequently 09 required to be expunged by the laws of the Member State contributing the information 10 shall be removed from the Data System. 11 SECTION 10. RULEMAKING 12 (A) The Commission shall exercise its Rulemaking powers pursuant to the 13 criteria set forth in this Section and the Rules adopted thereunder. Rules and 14 amendments shall become binding as of the date specified in each Rule or amendment. 15 (B) The Commission shall promulgate reasonable rules in order to effectively 16 and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, 17 in the event the Commission exercises its rulemaking authority in a manner that is 18 beyond the scope of the purposes of the Compact, or the powers granted hereunder, 19 then such an action by the Commission shall be invalid and have no force and effect. 20 (C) If a majority of the legislatures of the Member States rejects a Rule, by 21 enactment of a statute or resolution in the same manner used to adopt the Compact 22 within 4 years of the date of adoption of the Rule, then such Rule shall have no further 23 force and effect in any Member State. 24 (D) Rules or amendments to the Rules shall be adopted at a regular or special 25 meeting of the Commission. 26 (E) Prior to promulgation and adoption of a final Rule or Rules by the 27 Commission, and at least thirty (30) days in advance of the meeting at which the Rule 28 will be considered and voted upon, the Commission shall file a Notice of Proposed 29 Rulemaking: 30 (1) On the website of the Commission or other publicly accessible 31 platform; and
01 (2) On the website of each Member State Occupational Therapy 02 Licensing Board or other publicly accessible platform or the publication in which each 03 State would otherwise publish proposed Rules. 04 (F) The Notice of Proposed Rulemaking shall include: 05 (1) The proposed time, date, and location of the meeting in which the 06 Rule will be considered and voted upon; 07 (2) The text of the proposed Rule or amendment and the reason for the 08 proposed Rule; 09 (3) A request for comments on the proposed Rule from any interested 10 person; and 11 (4) The manner in which interested persons may submit notice to the 12 Commission of their intention to attend the public hearing and any written comments. 13 (G) Prior to adoption of a proposed Rule, the Commission shall allow persons 14 to submit written data, facts, opinions, and arguments, which shall be made available 15 to the public. 16 (H) The Commission shall grant an opportunity for a public hearing before it 17 adopts a Rule or amendment if a hearing is requested by: 18 (1) At least twenty five (25) persons; 19 (2) A State or federal governmental subdivision or agency; or 20 (3) An association or organization having at least twenty five (25) 21 members. 22 (I) If a hearing is held on the proposed Rule or amendment, the Commission 23 shall publish the place, time, and date of the scheduled public hearing. If the hearing is 24 held via electronic means, the Commission shall publish the mechanism for access to 25 the electronic hearing. 26 (1) All persons wishing to be heard at the hearing shall notify the 27 executive director of the Commission or other designated member in writing of their 28 desire to appear and testify at the hearing not less than five (5) business days before 29 the scheduled date of the hearing. 30 (2) Hearings shall be conducted in a manner providing each person 31 who wishes to comment a fair and reasonable opportunity to comment orally or in
01 writing. 02 (3) All hearings will be recorded. A copy of the recording will be made 03 available on request. 04 (4) Nothing in this section shall be construed as requiring a separate 05 hearing on each Rule. Rules may be grouped for the convenience of the Commission 06 at hearings required by this section. 07 (J) Following the scheduled hearing date, or by the close of business on the 08 scheduled hearing date if the hearing was not held, the Commission shall consider all 09 written and oral comments received. 10 (K) If no written notice of intent to attend the public hearing by interested 11 parties is received, the Commission may proceed with promulgation of the proposed 12 Rule without a public hearing. 13 (L) The Commission shall, by majority vote of all members, take final action 14 on the proposed Rule and shall determine the effective date of the Rule, if any, based 15 on the Rulemaking record and the full text of the Rule. 16 (M) Upon determination that an emergency exists, the Commission may 17 consider and adopt an emergency Rule without prior notice, opportunity for comment, 18 or hearing, provided that the usual Rulemaking procedures provided in the Compact 19 and in this section shall be retroactively applied to the Rule as soon as reasonably 20 possible, in no event later than ninety (90) days after the effective date of the Rule. For 21 the purposes of this provision, an emergency Rule is one that must be adopted 22 immediately in order to: 23 (1) Meet an imminent threat to public health, safety, or welfare; 24 (2) Prevent a loss of Commission or Member State funds; 25 (3) Meet a deadline for the promulgation of an administrative Rule that 26 is established by federal law or Rule; or 27 (4) Protect public health and safety. 28 (N) The Commission or an authorized committee of the Commission may 29 direct revisions to a previously adopted Rule or amendment for purposes of correcting 30 typographical errors, errors in format, errors in consistency, or grammatical errors. 31 Public notice of any revisions shall be posted on the website of the Commission. The
01 revision shall be subject to challenge by any person for a period of thirty (30) days 02 after posting. The revision may be challenged only on grounds that the revision results 03 in a material change to a Rule. A challenge shall be made in writing and delivered to 04 the chair of the Commission prior to the end of the notice period. If no challenge is 05 made, the revision will take effect without further action. If the revision is challenged, 06 the revision may not take effect without the approval of the Commission. 07 SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 08 (A) Oversight 09 (1) The executive, legislative, and judicial branches of State 10 government in each Member State shall enforce this Compact and take all actions 11 necessary and appropriate to effectuate the Compact's purposes and intent. The 12 provisions of this Compact and the Rules promulgated hereunder shall have standing 13 as statutory law. 14 (2) All courts shall take judicial notice of the Compact and the Rules in 15 any judicial or administrative proceeding in a Member State pertaining to the subject 16 matter of this Compact which may affect the powers, responsibilities, or actions of the 17 Commission. 18 (3) The Commission shall be entitled to receive service of process in 19 any such proceeding, and shall have standing to intervene in such a proceeding for all 20 purposes. Failure to provide service of process to the Commission shall render a 21 judgment or order void as to the Commission, this Compact, or promulgated Rules. 22 (B) Default, Technical Assistance, and Termination 23 (1) If the Commission determines that a Member State has defaulted in 24 the performance of its obligations or responsibilities under this Compact or the 25 promulgated Rules, the Commission shall: 26 (a) Provide written notice to the defaulting State and other 27 Member States of the nature of the default, the proposed means of curing the 28 default and/or any other action to be taken by the Commission; and 29 (b) Provide remedial training and specific technical assistance 30 regarding the default. 31 (2) If a State in default fails to cure the default, the defaulting State
01 may be terminated from the Compact upon an affirmative vote of a majority of the 02 Member States, and all rights, privileges and benefits conferred by this Compact may 03 be terminated on the effective date of termination. A cure of the default does not 04 relieve the offending State of obligations or liabilities incurred during the period of 05 default. 06 (3) Termination of membership in the Compact shall be imposed only 07 after all other means of securing compliance have been exhausted. Notice of intent to 08 suspend or terminate shall be given by the Commission to the governor, the majority 09 and minority leaders of the defaulting State's legislature, and each of the Member 10 States. 11 (4) A State that has been terminated is responsible for all assessments, 12 obligations, and liabilities incurred through the effective date of termination, including 13 obligations that extend beyond the effective date of termination. 14 (5) The Commission shall not bear any costs related to a State that is 15 found to be in default or that has been terminated from the Compact, unless agreed 16 upon in writing between the Commission and the defaulting State. 17 (6) The defaulting State may appeal the action of the Commission by 18 petitioning the U.S. District Court for the District of Columbia or the federal district 19 where the Commission has its principal offices. The prevailing member shall be 20 awarded all costs of such litigation, including reasonable attorney's fees. 21 (C) Dispute Resolution 22 (1) Upon request by a Member State, the Commission shall attempt to 23 resolve disputes related to the Compact that arise among Member States and between 24 member and non-Member States. 25 (2) The Commission shall promulgate a Rule providing for both 26 mediation and binding dispute resolution for disputes as appropriate. 27 (D) Enforcement 28 (1) The Commission, in the reasonable exercise of its discretion, shall 29 enforce the provisions and Rules of this Compact. 30 (2) By majority vote, the Commission may initiate legal action in the 31 United States District Court for the District of Columbia or the federal district where
01 the Commission has its principal offices against a Member State in default to enforce 02 compliance with the provisions of the Compact and its promulgated Rules and bylaws. 03 The relief sought may include both injunctive relief and damages. In the event judicial 04 enforcement is necessary, the prevailing member shall be awarded all costs of such 05 litigation, including reasonable attorney's fees. 06 (3) The remedies herein shall not be the exclusive remedies of the 07 Commission. The Commission may pursue any other remedies available under federal 08 or State law. 09 SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE 10 COMMISSION FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED 11 RULES, WITHDRAWAL, AND AMENDMENT 12 (A) The Compact shall come into effect on the date on which the Compact 13 statute is enacted into law in the tenth Member State. The provisions, which become 14 effective at that time, shall be limited to the powers granted to the Commission 15 relating to assembly and the promulgation of Rules. Thereafter, the Commission shall 16 meet and exercise Rulemaking powers necessary to the implementation and 17 administration of the Compact. 18 (B) Any State that joins the Compact subsequent to the Commission's initial 19 adoption of the Rules shall be subject to the Rules as they exist on the date on which 20 the Compact becomes law in that State. Any Rule that has been previously adopted by 21 the Commission shall have the full force and effect of law on the day the Compact 22 becomes law in that State. 23 (C) Any Member State may withdraw from this Compact by enacting a statute 24 repealing the same. 25 (1) A Member State's withdrawal shall not take effect until six (6) 26 months after enactment of the repealing statute. 27 (2) Withdrawal shall not affect the continuing requirement of the 28 withdrawing State's Occupational Therapy Licensing Board to comply with the 29 investigative and Adverse Action reporting requirements of this act prior to the 30 effective date of withdrawal. 31 (D) Nothing contained in this Compact shall be construed to invalidate or
01 prevent any Occupational Therapy licensure agreement or other cooperative 02 arrangement between a Member State and a non-Member State that does not conflict 03 with the provisions of this Compact. 04 (E) This Compact may be amended by the Member States. No amendment to 05 this Compact shall become effective and binding upon any Member State until it is 06 enacted into the laws of all Member States. 07 SECTION 13. CONSTRUCTION AND SEVERABILITY 08 This Compact shall be liberally construed so as to effectuate the purposes 09 thereof. The provisions of this Compact shall be severable and if any phrase, clause, 10 sentence or provision of this Compact is declared to be contrary to the constitution of 11 any Member State or of the United States or the applicability thereof to any 12 government, agency, person, or circumstance is held invalid, the validity of the 13 remainder of this Compact and the applicability thereof to any government, agency, 14 person, or circumstance shall not be affected thereby. If this Compact shall be held 15 contrary to the constitution of any Member State, the Compact shall remain in full 16 force and effect as to the remaining Member States and in full force and effect as to 17 the Member State affected as to all severable matters. 18 SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS 19 (A) A Licensee providing Occupational Therapy in a Remote State under the 20 Compact Privilege shall function within the laws and regulations of the Remote State. 21 (B) Nothing herein prevents the enforcement of any other law of a Member 22 State that is not inconsistent with the Compact. 23 (C) Any laws in a Member State in conflict with the Compact are superseded 24 to the extent of the conflict. 25 (D) Any lawful actions of the Commission, including all Rules and bylaws 26 promulgated by the Commission, are binding upon the Member States. 27 (E) All agreements between the Commission and the Member States are 28 binding in accordance with their terms. 29 (F) In the event any provision of the Compact exceeds the constitutional limits 30 imposed on the legislature of any Member State, the provision shall be ineffective to 31 the extent of the conflict with the constitutional provision in question in that Member
01 State. 02 * Sec. 9. AS 08.84.190(3) is amended to read: 03 (3) "occupational therapy" means [, FOR COMPENSATION,] the use 04 of purposeful activity, evaluation, treatment, and consultation with persons [HUMAN 05 BEINGS] whose ability to cope with the tasks of daily living are threatened with [,] or 06 impaired by developmental deficits, learning disabilities, aging, poverty, cultural 07 differences, physical injury or illness, or psychological and social disabilities to 08 maximize independence, prevent disability, and maintain health; ["OCCUPATIONAL 09 THERAPY" INCLUDES 10 (A) DEVELOPING DAILY LIVING, PLAY, LEISURE, 11 SOCIAL, AND DEVELOPMENTAL SKILLS; 12 (B) FACILITATING PERCEPTUAL-MOTOR AND 13 SENSORY INTERGRATIVE FUNCTIONING; 14 (C) ENHANCING FUNCTIONAL PERFORMANCE, 15 PREVOCATIONAL SKILLS, AND WORK CAPABILITIES USING 16 SPECIFICALLY DESIGNED EXERCISES, THERAPEUTIC ACTIVITIES 17 AND MEASURES, MANUAL INTERVENTION, AND APPLIANCES; 18 (D) DESIGN, FABRICATION, AND APPLICATION OF 19 SPLINTS OR SELECTIVE ADAPTIVE EQUIPMENT; 20 (E) ADMINISTERING AND INTERPRETING 21 STANDARDIZED AND NONSTANDARDIZED ASSESSMENTS, 22 INCLUDING SENSORY, MANUAL MUSCLE, AND RANGE OF MOTION 23 ASSESSMENTS, NECESSARY FOR PLANNING EFFECTIVE 24 TREATMENT; AND 25 (F) ADAPTING ENVIRONMENTS FOR THE DISABLED;] 26 * Sec. 10. AS 08.84.190(4) is amended to read: 27 (4) "occupational therapy assistant" means a person who, [ASSISTS 28 IN THE PRACTICE OF OCCUPATIONAL THERAPY] under the supervision of a 29 licensed [AN] occupational therapist, administers or assists with administering 30 occupational therapy; 31 * Sec. 11. AS 08.84.190 is amended by adding a new paragraph to read:
01 (8) "test and measurement" includes imaging, electrodiagnostic and 02 electrophysiological methods or techniques, and other methods or techniques 03 generally accepted by the physical therapist or occupational therapist professions in 04 the state for use in obtaining information about a patient in order to administer 05 therapy. 06 * Sec. 12. AS 12.62.400(a)(4) is amended to read: 07 (4) licensure to practice audiology or speech-language pathology under 08 AS 08.11, including a compact privilege to practice as an audiologist or speech- 09 language pathologist under AS 08.11.300; 10 * Sec. 13. AS 12.62.400(a)(10) is amended to read: 11 (10) licensure as a physical therapist, physical therapist assistant, 12 occupational therapist, or occupational therapy assistant under AS 08.84, including a 13 compact privilege to practice as a physical therapist or physical therapist 14 assistant under AS 08.84.188 or an occupational therapist or occupational 15 therapy assistant under AS 08.84.189; 16 * Sec. 14. AS 39.25.120(c)(7) is amended to read: 17 (7) the principal executive officer of the following boards, councils, or 18 commissions: 19 (A) Alaska Public Broadcasting Commission; 20 (B) Professional Teaching Practices Commission; 21 (C) Parole Board; 22 (D) Board of Nursing; 23 (E) Real Estate Commission; 24 (F) Alaska Royalty Oil and Gas Development Advisory Board; 25 (G) Alaska State Council on the Arts; 26 (H) Alaska Police Standards Council; 27 (I) Alaska Commission on Aging; 28 (J) Alaska Mental Health Board; 29 (K) State Medical Board; 30 (L) Governor's Council on Disabilities and Special Education; 31 (M) Advisory Board on Alcoholism and Drug Abuse;
01 (N) Statewide Suicide Prevention Council; 02 (O) State Board of Registration for Architects, Engineers, and 03 Land Surveyors; 04 (P) Alaska Health Care Commission; 05 (Q) Board of Pharmacy; 06 (R) State Physical Therapy and Occupational Therapy 07 Board;