                                 CODE OF VIRGINIA

OCCUPATIONAL THERAPY INTERJURISDICTIONAL LICENSURE COMPACT (§ 54.1-2956.7:1)

The General Assembly hereby enacts, and the Commonwealth of Virginia hereby
enters into, the Occupational Therapy Interjurisdictional Licensure Compact with
any and all states legally joining therein according to its terms, in the form
substantially as follows:
		OCCUPATIONAL THERAPY INTERJURISDICTIONAL LICENSURE COMPACT.
		Article I.
		Purpose.
		The purpose of this Compact is to facilitate interstate practice of
occupational therapy with the goal of improving public access to occupational
therapy services. The practice of occupational therapy occurs in the state where
the patient/client is located at the time of the patient/client encounter. The
Compact preserves the regulatory authority of states to protect public health
and safety through the current system of state licensure.
		This Compact is designed to achieve the following objectives:

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

2. Enhance the states&#8217; ability to protect the public&#8217;s health and
safety;

3. Encourage the cooperation of member states in regulating multi-state
occupational therapy practice;

4. Support spouses of relocating military members;

5. Enhance the exchange of licensure, investigative, and disciplinary
information between member states;

6. Allow a remote state to hold a provider of services with a compact privilege
in that state accountable to that state&#8217;s practice standards; and

7. Facilitate the use of telehealth technology in order to increase access to
occupational therapy services.
			Article II.
			Definitions.
			As used in this Compact, and except as otherwise provided, the following
definitions shall apply:
			&#8220;Active duty military&#8221; means full-time duty status in the active
uniformed service of the United States, including members of the National Guard
and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and Section
1211.
			&#8220;Adverse action&#8221; means any administrative, civil, equitable, or
criminal action permitted by a state&#8217;s laws which is imposed by a
licensing board or other authority against an occupational therapist or
occupational therapy assistant, including actions against an individual&#8217;s
license or compact privilege such as censure, revocation, suspension, probation,
monitoring of the licensee, or restriction on the licensee&#8217;s practice.
			&#8220;Alternative program&#8221; means a non-disciplinary monitoring process
approved by an occupational therapy licensing board.
			&#8220;Compact&#8221; means the Occupational Therapy Interjurisdictional
Licensure Compact.
			&#8220;Compact privilege&#8221; means the authorization, which is equivalent
to a license, granted by a remote state to allow a licensee from another member
state to practice as an occupational therapist or practice as an occupational
therapy assistant in the remote state under its laws and rules. The practice of
occupational therapy occurs in the member state where the patient/client is
located at the time of the patient/client encounter.
			&#8220;Continuing competence/education&#8221; means a requirement, as a
condition of license renewal, to provide evidence of participation in, and/or
completion of, educational and professional activities relevant to practice or
area of work.
			&#8220;Current significant investigative information&#8221; means
investigative information that a licensing board, after an inquiry or
investigation that includes notification and an opportunity for the occupational
therapist or occupational therapy assistant to respond, if required by state
law, has reason to believe is not groundless and, if proved true, would indicate
more than a minor infraction.
			&#8220;Data system&#8221; means a repository of information about licensees,
including but not limited to license status, investigative information, compact
privileges, and adverse actions.
			&#8220;Encumbered license&#8221; means a license in which an adverse action
restricts the practice of occupational therapy by the licensee or said adverse
action has been reported to the National Practitioners Data Bank (NPDB).
			&#8220;Executive committee&#8221; means a group of directors elected or
appointed to act on behalf of, and within the powers granted to them by, the
Commission.
			&#8220;Home state&#8221; means the member state that is the licensee&#8217;s
primary state of residence.
			&#8220;Impaired practitioner&#8221; means individuals whose professional
practice is adversely affected by substance abuse, addiction, or other
health-related conditions.
			&#8220;Investigative information&#8221; means information, records, and/or
documents received or generated by an occupational therapy licensing board
pursuant to an investigation.
			&#8220;Jurisprudence requirement&#8221; means the assessment of an
individual&#8217;s knowledge of the laws and rules governing the practice of
occupational therapy in a state.
			&#8220;Licensee&#8221; means an individual who currently holds an
authorization from the state to practice as an occupational therapist or as an
occupational therapy assistant.
			&#8220;Member state&#8221; means a state that has enacted the Compact.
			&#8220;Occupational therapist&#8221; means an individual who is licensed by a
state to practice occupational therapy.
			&#8220;Occupational therapy assistant&#8221; means an individual who is
licensed by a state to assist in the practice of occupational therapy.
			&#8220;Occupational therapy,&#8221; &#8220;occupational therapy
practice,&#8221; and the &#8220;practice of occupational therapy&#8221; mean the
care and services provided by an occupational therapist or an occupational
therapy assistant as set forth in the member state&#8217;s statutes and
regulations.
			&#8220;Occupational Therapy Compact Commission&#8221; or
&#8220;Commission&#8221; means the national administrative body whose membership
consists of all states that have enacted the Compact.
			&#8220;Occupational therapy licensing board&#8221; or &#8220;licensing
board&#8221; means the agency of a state that is authorized to license and
regulate occupational therapists and occupational therapy assistants.
			&#8220;Primary state of residence&#8221; means the state (also known as the
home state) in which an occupational therapist or occupational therapy assistant
who is not active duty military declares a primary residence for legal purposes
as verified by: driver&#8217;s license, federal income tax return, lease, deed,
mortgage or voter registration or other verifying documentation as further
defined by Commission rules.
			&#8220;Remote state&#8221; means a member state other than the home state,
where a licensee is exercising or seeking to exercise the compact privilege.
			&#8220;Rule&#8221; means a regulation promulgated by the Commission that has
the force of law.
			&#8220;State&#8221; means any state, commonwealth, district, or territory of
the United States of America that regulates the practice of occupational
therapy.
			&#8220;Single-state license&#8221; means an occupational therapist or
occupational therapy assistant license issued by a member state that authorizes
practice only within the issuing state and does not include a compact privilege
in any other member state.
			&#8220;Telehealth&#8221; means the application of telecommunication
technology to deliver occupational therapy services for assessment,
intervention, and/or consultation.
			Article III.
			State Participation in the Compact.

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

1. License occupational therapists and occupational therapy assistants;

2. Participate fully in the Commission&#8217;s data system, including but not
limited to using the Commission&#8217;s unique identifier as defined in rules of
the Commission;

3. Have a mechanism in place for receiving and investigating complaints about
licensees;

4. Notify the Commission, in compliance with the terms of the Compact and rules,
of any adverse action or the availability of investigative information regarding
a licensee;

5. Implement or utilize procedures for considering the criminal history records
of applicants for an initial compact privilege. These procedures shall include
the submission of fingerprints or other biometric-based information by
applicants for the purpose of obtaining an applicant&#8217;s criminal history
record information from the Federal Bureau of Investigation and the agency
responsible for retaining that state&#8217;s criminal records;
			a. A member state shall, within a time frame established by the Commission,
require a criminal background check for a licensee seeking/applying for a
compact privilege whose primary state of residence is that member state, by
receiving the results of the Federal Bureau of Investigation criminal record
search, and shall use the results in making licensure decisions.
			b. Communication between a member state, the Commission and among member
states regarding the verification of eligibility for licensure through the
Compact shall not include any information received from the Federal Bureau of
Investigation relating to a federal criminal records check performed by a member
state under P.L. 92-544.

6. Comply with the rules of the Commission;

7. Utilize only a recognized national examination as a requirement for licensure
pursuant to the rules of the Commission; and

8. Have continuing competence/education requirements as a condition for license
renewal.

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

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

   D. A member state shall provide for the state&#8217;s delegate to attend all
   Occupational Therapy Compact Commission meetings.

   E. Individuals not residing in a member state shall continue to be able to
   apply for a member state&#8217;s single-state license as provided under the
   laws of each member state. However, the single-state license granted to these
   individuals shall not be recognized as granting the compact privilege in any
   other member state.

   F. Nothing in this Compact shall affect the requirements established by a
   member state for the issuance of a single-state license.
   				Article IV.
   				Compact Privilege.

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

1. Hold a license in the home state;

2. Have a valid United States social security number or national practitioner
identification number;

3. Have no encumbrance on any state license;

4. Be eligible for a compact privilege in any member state in accordance with
subsections D, F, G, and H;

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

6. Notify the Commission that the licensee is seeking the compact privilege
within a remote state(s);

7. Pay any applicable fees, including any state fee, for the compact privilege;

8. Complete a criminal background check in accordance with subdivision A 5 of
Article III. The licensee shall be responsible for the payment of any fee
associated with the completion of a criminal background check;

9. Meet any jurisprudence requirements established by the remote state(s) in
which the licensee is seeking a compact privilege; and

10. Report to the Commission adverse action taken by any non-member state within
30 days from the date the adverse action is taken.

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

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

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

   E. A licensee providing occupational therapy in a remote state is subject to
   that state&#8217;s regulatory authority. A remote state may, in accordance
   with due process and that state&#8217;s laws, remove a licensee&#8217;s
   compact privilege in the remote state for a specific period of time, impose
   fines, and/or take any other necessary actions to protect the health and
   safety of its citizens. The licensee may be ineligible for a compact privilege
   in any state until the specific time for removal has passed and all fines are
   paid.

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

1. The home state license is no longer encumbered; and

2. Two years have elapsed from the date on which the home state license is no
longer encumbered in accordance with subdivision 1.

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

   H. If a licensee&#8217;s compact privilege in any remote state is removed, the
   individual may lose the compact privilege in any other remote state until the
   following occur:

1. The specific period of time for which the compact privilege was removed has
ended;

2. All fines have been paid and all conditions have been met;

3. Two years have elapsed from the date of completing requirements for
subdivisions 1 and 2; and

4. The compact privileges are reinstated by the Commission, and the compact data
system is updated to reflect reinstatement.

   I. If a licensee&#8217;s compact privilege in any remote state is removed due
   to an erroneous charge, privileges shall be restored through the compact data
   system.

   J. Once the requirements of subsection H have been met, the license must meet
   the requirements in subsection A to obtain a compact privilege in a remote
   state.
   				Article V.
   				Obtaining a New Home State License by Virtue of Compact Privilege.

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

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

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

2. Upon receipt of an application for obtaining a new home state license by
virtue of compact privilege, the new home state shall verify that the
occupational therapist or occupational therapy assistant meets the pertinent
criteria outlined in Article IV via the data system, without need for primary
source verification except for:
			a. An FBI fingerprint based criminal background check if not previously
performed or updated pursuant to applicable rules adopted by the Commission in
accordance with P.L. 92-544;
			b. Other criminal background check as required by the new home state; and
			c. Submission of any requisite jurisprudence requirements of the new home
state.

3. The former home state shall convert the former home state license into a
compact privilege once the new home state has activated the new home state
license in accordance with applicable rules adopted by the Commission.

4. Notwithstanding any other provision of this Compact, if the occupational
therapist or occupational therapy assistant cannot meet the criteria in Article
IV, the new home state shall apply its requirements for issuing a new
single-state license.

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

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

   D. Nothing in this compact shall interfere with a licensee&#8217;s ability to
   hold a single-state license in multiple states; however, for the purposes of
   this compact, a licensee shall have only one home state license.

   E. Nothing in this Compact shall affect the requirements established by a
   member state for the issuance of a single-state license.
   				Article VI.
   				Active Duty Military Personnel or their Spouses.
   				Active duty military personnel, or their spouses, shall designate a home
   state where the individual has a current license in good standing. The
   individual may retain the home state designation during the period the service
   member is on active duty. Subsequent to designating a home state, the
   individual shall only change their home state through application for
   licensure in the new state or through the process described in Article V.
   				Article VII.
   				Adverse Actions.

   A. A home state shall have exclusive power to impose adverse action against an
   occupational therapist&#8217;s or occupational therapy assistant&#8217;s
   license issued by the home state.

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

1. Take adverse action against an occupational therapist&#8217;s or occupational
therapy assistant&#8217;s compact privilege within that member state.

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

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

   D. The home state shall complete any pending investigations of an occupational
   therapist or occupational therapy assistant who changes primary state of
   residence during the course of the investigations. The home state, where the
   investigations were initiated, shall also have the authority to take
   appropriate action(s) and shall promptly report the conclusions of the
   investigations to the OT Compact Commission data system. The occupational
   therapy compact commission data system administrator shall promptly notify the
   new home state of any adverse actions.

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

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

   G. Joint investigations.

1. In addition to the authority granted to a member state by its respective
state occupational therapy laws and regulations or other applicable state law,
any member state may participate with other member states in joint
investigations of licensees.

2. Member states shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated
under the Compact.

   H. If an adverse action is taken by the home state against an occupational
   therapist&#8217;s or occupational therapy assistant&#8217;s license, the
   occupational therapist&#8217;s or occupational therapy assistant&#8217;s
   compact privilege in all other member states shall be deactivated until all
   encumbrances have been removed from the state license. All home state
   disciplinary orders that impose adverse action against an occupational
   therapist&#8217;s or occupational therapy assistant&#8217;s license shall
   include a statement that the occupational therapist&#8217;s or occupational
   therapy assistant&#8217;s compact privilege is deactivated in all member
   states during the pendency of the order.

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

   J. Nothing in this Compact shall override a member state&#8217;s decision that
   participation in an alternative program may be used in lieu of adverse action.
   				Article VIII.
   				Establishment of the Occupational Therapy Compact Commission.

   A. The Compact member states hereby create and establish a joint public agency
   known as the Occupational Therapy Compact Commission:

1. The Commission is an instrumentality of the compact states.

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

3. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity.

   B. Membership, voting, and meetings.

1. Each member state shall have and be limited to one delegate selected by that
member state&#8217;s licensing board.

2. The delegate shall be either:
			a. A current member of the licensing board, who is an occupational therapist,
occupational therapy assistant, or public member; or
			b. An administrator of the licensing board.

3. Any delegate may be removed or suspended from office as provided by the law
of the state from which the delegate is appointed.

4. The member state board shall fill any vacancy occurring in the Commission
within 90 days.

5. Each delegate shall be entitled to one vote with regard to the promulgation
of rules and creation of bylaws and shall otherwise have an opportunity to
participate in the business and affairs of the Commission. A delegate shall vote
in person or by such other means as provided in the bylaws. The bylaws may
provide for delegates&#8217; participation in meetings by telephone or other
means of communication.

6. The Commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.

7. The Commission shall establish by rule a term of office for delegates.

   C. The Commission shall have the following powers and duties:

1. Establish a code of ethics for the Commission;

2. Establish the fiscal year of the Commission;

3. Establish bylaws;

4. Maintain its financial records in accordance with the bylaws;

5. Meet and take such actions as are consistent with the provisions of this
Compact and the bylaws;

6. Promulgate uniform rules to facilitate and coordinate implementation and
administration of this Compact. The rules shall have the force and effect of law
and shall be binding in all member states;

7. Bring and prosecute legal proceedings or actions in the name of the
Commission, provided that the standing of any state occupational therapy
licensing board to sue or be sued under applicable law shall not be affected;

8. Purchase and maintain insurance and bonds;

9. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a member state;

10. Hire employees, elect or appoint officers, fix compensation, define duties,
grant such individuals appropriate authority to carry out the purposes of the
Compact, and establish the Commission&#8217;s personnel policies and programs
relating to conflicts of interest, qualifications of personnel, and other
related personnel matters;

11. Accept any and all appropriate donations and grants of money, equipment,
supplies, materials and services, and receive, utilize and dispose of the same;
provided that at all times the Commission shall avoid any appearance of
impropriety and/or conflict of interest;

12. Lease, purchase, accept appropriate gifts or donations of, or otherwise own,
hold, improve or use, any property, real, personal or mixed; provided that at
all times the Commission shall avoid any appearance of impropriety;

13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property real, personal, or mixed;

14. Establish a budget and make expenditures;

15. Borrow money;

16. Appoint committees, including standing committees composed of members, state
regulators, state legislators or their representatives, and consumer
representatives, and such other interested persons as may be designated in this
Compact and the bylaws;

17. Provide and receive information from, and cooperate with, law enforcement
agencies;

18. Establish and elect an executive committee; and

19. Perform such other functions as may be necessary or appropriate to achieve
the purposes of this Compact consistent with the state regulation of
occupational therapy licensure and practice.

   D. The executive committee.
   				The executive committee shall have the power to act on behalf of the
   Commission according to the terms of this Compact.

1. The executive committee shall be composed of nine members:
			a. Seven voting members who are elected by the Commission from the current
membership of the Commission;
			b. One ex-officio, nonvoting member from a recognized national occupational
therapy professional association; and
			c. One ex officio, nonvoting member from a recognized national occupational
therapy certification organization.

2. The ex officio members will be selected by their respective organizations.

3. The Commission may remove any member of the executive committee as provided
in bylaws.

4. The executive committee shall meet at least annually.

5. The executive committee shall have the following duties and responsibilities:
			a. Recommend to the entire Commission changes to the rules or bylaws, changes
to this Compact legislation, fees paid by compact member states such as annual
dues, and any commission compact fee charged to licensees for the compact
privilege;
			b. Ensure Compact administration services are appropriately provided,
contractual or otherwise;
			c. Prepare and recommend the budget;
			d. Maintain financial records on behalf of the Commission;
			e. Monitor Compact compliance of member states and provide compliance reports
to the Commission;
			f. Establish additional committees as necessary; and
			g. Perform other duties as provided in rules or bylaws.

   E. Meetings of the Commission.

1. All meetings shall be open to the public, and public notice of meetings shall
be given in the same manner as required under the rulemaking provisions in
Article X.

2. The Commission or the executive committee or other committees of the
Commission may convene in a closed, non-public meeting if the Commission or
executive committee or other committees of the Commission must discuss:
			a. Non-compliance of a member state with its obligations under the Compact;
			b. The employment, compensation, discipline or other matters, practices or
procedures related to specific employees or other matters related to the
Commission&#8217;s internal personnel practices and procedures;
			c. Current, threatened, or reasonably anticipated litigation;
			d. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;
			e. Accusing any person of a crime or formally censuring any person;
			f. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
			g. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
			h. Disclosure of investigative records compiled for law enforcement purposes;
			i. Disclosure of information related to any investigative reports prepared by
or on behalf of or for use of the Commission or other committee charged with
responsibility of investigation or determination of compliance issues pursuant
to the Compact; or
			j. Matters specifically exempted from disclosure by federal or member state
statute.

3. If a meeting, or portion of a meeting, is closed pursuant to this provision,
the Commission&#8217;s legal counsel or designee shall certify that the meeting
may be closed and shall reference each relevant exempting provision.

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

   F. Financing of the Commission.

1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.

2. The Commission may accept any and all appropriate revenue sources, donations,
and grants of money, equipment, supplies, materials, and services.

3. The Commission may levy on and collect an annual assessment from each member
state or impose fees on other parties to cover the cost of the operations and
activities of the Commission and its staff, which must be in a total amount
sufficient to cover its annual budget as approved by the Commission each year
for which revenue is not provided by other sources. The aggregate annual
assessment amount shall be allocated based upon a formula to be determined by
the Commission, which shall promulgate a rule binding upon all member states.

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

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

   G. Qualified immunity, defense, and indemnification.

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

2. The Commission shall defend any member, officer, executive director,
employee, or representative of the Commission in any civil action seeking to
impose liability arising out of any actual or alleged act, error, or omission
that occurred within the scope of Commission employment, duties, or
responsibilities, or that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities, provided that nothing herein shall be
construed to prohibit that person from retaining his or her own counsel, and
provided further, that the actual or alleged act, error, or omission did not
result from that person&#8217;s intentional or willful or wanton misconduct.

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

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

   B. A member state shall submit a uniform data set to the data system on all
   individuals to whom this Compact is applicable (utilizing a unique identifier)
   as required by the rules of the Commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse actions against a license or compact privilege;

4. Non-confidential information related to alternative program participation;

5. Any denial of application for licensure, and the reason(s) for such denial;

6. Other information that may facilitate the administration of this Compact, as
determined by the rules of the Commission; and

7. Current significant investigative information.

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

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

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

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

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

   B. The Commission shall promulgate reasonable rules in order to effectively
   and efficiently achieve the purposes of the Compact. Notwithstanding the
   foregoing, in the event the Commission exercises its rulemaking authority in a
   manner that is beyond the scope of the purposes of the Compact, or the powers
   granted hereunder, then such an action by the Commission shall be invalid and
   have no force and effect.

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

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

   E. Prior to promulgation and adoption of a final rule or rules by the
   Commission, and at least 30 days in advance of the meeting at which the rule
   will be considered and voted upon, the Commission shall file a notice of
   proposed rulemaking:

1. On the website of the Commission or other publicly accessible platform; and

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

   F. The notice of proposed rulemaking shall include:

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

2. The text of the proposed rule or amendment and the reason for the proposed
rule;

3. A request for comments on the proposed rule from any interested person; and

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

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

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

1. At least 25 persons;

2. A state or federal governmental subdivision or agency; or

3. An association or organization having at least 25 members.

   I. If a hearing is held on the proposed rule or amendment, the Commission
   shall publish the place, time, and date of the scheduled public hearing. If
   the hearing is held via electronic means, the Commission shall publish the
   mechanism for access to the electronic hearing.

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

2. Hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.

3. All hearings will be recorded. A copy of the recording will be made available
on request.

4. Nothing in this article shall be construed as requiring a separate hearing on
each rule. Rules may be grouped for the convenience of the Commission at
hearings required by this article.

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

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

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

   M. Upon determination that an emergency exists, the Commission may consider
   and adopt an emergency rule without prior notice, opportunity for comment, or
   hearing, provided that the usual rulemaking procedures provided in the Compact
   and in this article shall be retroactively applied to the rule as soon as
   reasonably possible, in no event later than 90 days after the effective date
   of the rule. For the purposes of this provision, an emergency rule is one that
   must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or member state funds;

3. Meet a deadline for the promulgation of an administrative rule that is
established by federal law or rule; or

4. Protect public health and safety.

   N. The Commission or an authorized committee of the Commission may direct
   revisions to a previously adopted rule or amendment for purposes of correcting
   typographical errors, errors in format, errors in consistency, or grammatical
   errors. Public notice of any revisions shall be posted on the website of the
   Commission. The revision shall be subject to challenge by any person for a
   period of 30 days after posting. The revision may be challenged only on
   grounds that the revision results in a material change to a rule. A challenge
   shall be made in writing and delivered to the chair of the Commission prior to
   the end of the notice period. If no challenge is made, the revision will take
   effect without further action. If the revision is challenged, the revision may
   not take effect without the approval of the Commission.
   				Article XI.
   				Oversight, Dispute Resolution, and Enforcement.

   A. Oversight.

1. The executive, legislative, and judicial branches of state government in each
member state shall enforce this Compact and take all actions necessary and
appropriate to effectuate the Compact&#8217;s purposes and intent. The
provisions of this Compact and the rules promulgated hereunder shall have
standing as statutory law.

2. All courts shall take judicial notice of the Compact and the rules in any
judicial or administrative proceeding in a member state pertaining to the
subject matter of this Compact which may affect the powers, responsibilities, or
actions of the Commission.

3. The Commission shall be entitled to receive service of process in any such
proceeding, and shall have standing to intervene in such a proceeding for all
purposes. Failure to provide service of process to the Commission shall render a
judgment or order void as to the Commission, this Compact, or promulgated rules.

   B. Default, technical assistance, and termination.

1. If the Commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this Compact or the
promulgated rules, the Commission shall:
			a. Provide written notice to the defaulting state and other member states of
the nature of the default, the proposed means of curing the default and/or any
other action to be taken by the Commission; and
			b. Provide remedial training and specific technical assistance regarding the
default.

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

3. Termination of membership in the Compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the Commission to the governor, the
majority and minority leaders of the defaulting state&#8217;s legislature, and
each of the member states.

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

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

6. The defaulting state may appeal the action of the Commission by petitioning
the U.S. District Court for the District of Columbia or the federal district
where the Commission has its principal offices. The prevailing member shall be
awarded all costs of such litigation, including reasonable attorney fees.

   C. Dispute resolution.

1. Upon request by a member state, the Commission shall attempt to resolve
disputes related to the Compact that arise among member states and between
member and non-member states.

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

   D. Enforcement.
   				The Commission, in the reasonable exercise of its discretion, shall
   enforce the provisions and rules of this Compact.
   				By majority vote, the Commission may initiate legal action in the United
   States District Court for the District of Columbia or the federal district
   where the Commission has its principal offices against a member state in
   default to enforce compliance with the provisions of the Compact and its
   promulgated rules and bylaws. The relief sought may include both injunctive
   relief and damages. In the event judicial enforcement is necessary, the
   prevailing member shall be awarded all costs of such litigation, including
   reasonable attorney fees.
   				The remedies herein shall not be the exclusive remedies of the Commission.
   The Commission may pursue any other remedies available under federal or state
   law.
   				Article XII.
   				Date of Implementation of the Interstate Commission for Occupational
   Therapy Practice and Associated Rules, Withdrawal, and Amendment.

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

   B. Any state that joins the Compact subsequent to the Commission&#8217;s
   initial adoption of the rules shall be subject to the rules as they exist on
   the date on which the Compact becomes law in that state. Any rule that has
   been previously adopted by the Commission shall have the full force and effect
   of law on the day the Compact becomes law in that state.

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

1. A member state&#8217;s withdrawal shall not take effect until six months
after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing
state&#8217;s occupational therapy licensing board to comply with the
investigative and adverse action reporting requirements of this act prior to the
effective date of withdrawal.

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

   E. This Compact may be amended by the member states. No amendment to this
   Compact shall become effective and binding upon any member state until it is
   enacted into the laws of all member states.
   				Article XIII.
   				Construction and Severability.
   				This Compact shall be liberally construed so as to effectuate the purposes
   thereof. The provisions of this Compact shall be severable and if any phrase,
   clause, sentence or provision of this Compact is declared to be contrary to
   the constitution of any member state or of the United States or the
   applicability thereof to any government, agency, person, or circumstance is
   held invalid, the validity of the remainder of this Compact and the
   applicability thereof to any government, agency, person, or circumstance shall
   not be affected thereby. If this Compact shall be held contrary to the
   constitution of any member state, the Compact shall remain in full force and
   effect as to the remaining member states and in full force and effect as to
   the member state affected as to all severable matters.
   				Article XIV.
   				Binding Effect of Compact and Other Laws.

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

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

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

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

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

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

HISTORY: 2021, Sp. Sess. I, c. 242.