This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB410,25,76 c. One ex-officio, nonvoting member from a recognized national occupational
7therapy certification organization;
AB410,25,88 2. The ex-officio members will be selected by their respective organizations.
AB410,25,109 3. The commission may remove any member of the executive committee as
10provided in bylaws.
AB410,25,1111 4. The executive committee shall meet at least annually.
AB410,25,1212 5. The executive committee shall have the following duties and responsibilities:
AB410,25,1513 a. Recommend to the entire commission changes to the rules or bylaws, changes
14to this compact legislation, fees paid by compact member states such as annual dues,
15and any commission compact fee charged to licensees for the compact privilege;
AB410,25,1716 b. Ensure compact administration services are appropriately provided,
17contractual or otherwise;
AB410,25,1818 c. Prepare and recommend the budget;
AB410,25,1919 d. Maintain financial records on behalf of the commission;
AB410,25,2120 e. Monitor compact compliance of member states and provide compliance
21reports to the commission;
AB410,25,2222 f. Establish additional committees as necessary; and
AB410,25,2323 g. Perform other duties as provided in rules or bylaws.
AB410,26,3
1(e) 1. All meetings shall be open to the public, and public notice of meetings
2shall be given in the same manner as required under the rulemaking provisions in
3sub. (10).
AB410,26,64 2. The commission or the executive committee or other committees of the
5commission may convene in a closed, non-public meeting if the commission or
6executive committee or other committees of the commission must discuss:
AB410,26,77 a. Non-compliance of a member state with its obligations under the compact;
AB410,26,108 b. The employment, compensation, discipline or other matters, practices or
9procedures related to specific employees, or other matters related to the
10commission's internal personnel practices and procedures;
AB410,26,1111 c. Current, threatened, or reasonably anticipated litigation;
AB410,26,1312 d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
13real estate;
AB410,26,1414 e. Accusing any person of a crime or formally censuring any person;
AB410,26,1615 f. Disclosure of trade secrets or commercial or financial information that is
16privileged or confidential;
AB410,26,1817 g. Disclosure of information of a personal nature where disclosure would
18constitute a clearly unwarranted invasion of personal privacy;
AB410,26,1919 h. Disclosure of investigative records compiled for law enforcement purposes;
AB410,26,2320 i. Disclosure of information related to any investigative reports prepared by or
21on behalf of or for use of the commission or other committee charged with
22responsibility of investigation or determination of compliance issues pursuant to the
23compact; or
AB410,26,2524 j. Matters specifically exempted from disclosure by federal or member state
25statute.
AB410,27,3
13. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
2commission's legal counsel or designee shall certify that the meeting may be closed
3and shall reference each relevant exempting provision.
AB410,27,104 4. The commission shall keep minutes that fully and clearly describe all
5matters discussed in a meeting and shall provide a full and accurate summary of
6actions taken, and the reasons therefore, including a description of the views
7expressed. All documents considered in connection with an action shall be identified
8in such minutes. All minutes and documents of a closed meeting shall remain under
9seal, subject to release by a majority vote of the commission or order of a court of
10competent jurisdiction.
AB410,27,1311 (f) Financing of the commission. 1. The commission shall pay, or provide for
12the payment of, the reasonable expenses of its establishment, organization, and
13ongoing activities.
AB410,27,1514 2. The commission may accept any and all appropriate revenue sources,
15donations, and grants of money, equipment, supplies, materials, and services.
AB410,27,2216 3. The commission may levy on and collect an annual assessment from each
17member state or impose fees on other parties to cover the cost of the operations and
18activities of the commission and its staff, which must be in a total amount sufficient
19to cover its annual budget as approved by the commission each year for which
20revenue is not provided by other sources. The aggregate annual assessment amount
21shall be allocated based upon a formula to be determined by the commission, which
22shall promulgate a rule binding upon all member states.
AB410,27,2523 4. The commission shall not incur obligations of any kind prior to securing the
24funds adequate to meet the same; nor shall the commission pledge the credit of any
25of the member states, except by and with the authority of the member state.
AB410,28,6
15. The commission shall keep accurate accounts of all receipts and
2disbursements. The receipts and disbursements of the commission shall be subject
3to the audit and accounting procedures established under its bylaws. However, all
4receipts and disbursements of funds handled by the commission shall be audited
5yearly by a certified or licensed public accountant, and the report of the audit shall
6be included in and become part of the annual report of the commission.
AB410,28,167 (g) Qualified immunity, defense, and indemnification. 1. The members,
8officers, executive director, employees and representatives of the commission shall
9be immune from suit and liability, either personally or in their official capacity, for
10any claim for damage to or loss of property or personal injury or other civil liability
11caused by or arising out of any actual or alleged act, error or omission that occurred,
12or that the person against whom the claim is made had a reasonable basis for
13believing occurred within the scope of commission employment, duties or
14responsibilities; provided that nothing in this subdivision shall be construed to
15protect any such person from suit and/or liability for any damage, loss, injury, or
16liability caused by the intentional or willful or wanton misconduct of that person.
AB410,29,217 2. The commission shall defend any member, officer, executive director,
18employee, or representative of the commission in any civil action seeking to impose
19liability arising out of any actual or alleged act, error, or omission that occurred
20within the scope of commission employment, duties, or responsibilities, or that the
21person against whom the claim is made had a reasonable basis for believing occurred
22within the scope of commission employment, duties, or responsibilities; provided
23that nothing herein shall be construed to prohibit that person from retaining his or
24her own counsel; and provided further that the actual or alleged act, error, or

1omission did not result from that person's intentional or willful or wanton
2misconduct.
AB410,29,103 3. The commission shall indemnify and hold harmless any member, officer,
4executive director, employee, or representative of the commission for the amount of
5any settlement or judgment obtained against that person arising out of any actual
6or alleged act, error or omission that occurred within the scope of commission
7employment, duties, or responsibilities, or that such person had a reasonable basis
8for believing occurred within the scope of commission employment, duties, or
9responsibilities, provided that the actual or alleged act, error, or omission did not
10result from the intentional or willful or wanton misconduct of that person.
AB410,29,14 11(9) Data system. (a) The commission shall provide for the development,
12maintenance, and utilization of a coordinated database and reporting system
13containing licensure, adverse action, and investigative information on all licensed
14individuals in member states.
AB410,29,1715 (b) A member state shall submit a uniform data set to the data system on all
16individuals to whom this compact is applicable (utilizing a unique identifier) as
17required by the rules of the commission, including:
AB410,29,1818 1. Identifying information;
AB410,29,1919 2. Licensure data;
AB410,29,2020 3. Adverse actions against a license or compact privilege;
AB410,29,2121 4. Non-confidential information related to alternative program participation;
AB410,29,2222 5. Any denial of application for licensure, and the reason(s) for such denial;
AB410,29,2423 6. Other information that may facilitate the administration of this compact, as
24determined by the rules of the commission; and
AB410,29,2525 7. Current significant investigative information.
AB410,30,3
1(c) Current significant investigative information and other investigative
2information pertaining to a licensee in any member state will only be available to
3other member states.
AB410,30,74 (d) The commission shall promptly notify all member states of any adverse
5action taken against a licensee or an individual applying for a license. Adverse action
6information pertaining to a licensee in any member state will be available to any
7other member state.
AB410,30,108 (e) Member states contributing information to the data system may designate
9information that may not be shared with the public without the express permission
10of the contributing state.
AB410,30,1311 (f) Any information submitted to the data system that is subsequently required
12to be expunged by the laws of the member state contributing the information shall
13be removed from the data system.
AB410,30,17 14(10) Rulemaking. (a) The commission shall exercise its rulemaking powers
15pursuant to the criteria set forth in this subsection and the rules adopted thereunder.
16Rules and amendments shall become binding as of the date specified in each rule or
17amendment.
AB410,30,2218 (b) The commission shall promulgate reasonable rules in order to effectively
19and efficiently achieve the purposes of the compact. Notwithstanding the foregoing,
20in the event the commission exercises its rulemaking authority in a manner that is
21beyond the scope of the purposes of the compact, or the powers granted hereunder,
22then such an action by the commission shall be invalid and have no force and effect.
AB410,31,223 (c) If a majority of the legislatures of the member states rejects a rule, by
24enactment of a statute or resolution in the same manner used to adopt the compact

1within 4 years of the date of adoption of the rule, then such rule shall have no further
2force and effect in any member state.
AB410,31,43 (d) Rules or amendments to the rules shall be adopted at a regular or special
4meeting of the commission.
AB410,31,85 (e) Prior to promulgation and adoption of a final rule or rules by the
6commission, and at least 30 days in advance of the meeting at which the rule will be
7considered and voted upon, the commission shall file a notice of proposed
8rulemaking:
AB410,31,99 1. On the website of the commission or other publicly accessible platform; and
AB410,31,1210 2. On the website of each member state occupational therapy licensing board
11or other publicly accessible platform or the publication in which each state would
12otherwise publish proposed rules;
AB410,31,1313 (f) The notice of proposed rulemaking shall include:
AB410,31,1514 1. The proposed time, date, and location of the meeting in which the rule will
15be considered and voted upon;
AB410,31,1716 2. The text of the proposed rule or amendment and the reason for the proposed
17rule;
AB410,31,1818 3. A request for comments on the proposed rule from any interested person; and
AB410,31,2119 4. The manner in which interested persons may submit notice to the
20commission of their intention to attend the public hearing and any written
21comments.
AB410,31,2422 (g) Prior to adoption of a proposed rule, the commission shall allow persons to
23submit written data, facts, opinions, and arguments, which shall be made available
24to the public.
AB410,32,2
1(h) The commission shall grant an opportunity for a public hearing before it
2adopts a rule or amendment if a hearing is requested by:
AB410,32,33 1. At least 25 persons;
AB410,32,44 2. A state or federal governmental subdivision or agency; or
AB410,32,55 3. An association or organization having at least 25 members.
AB410,32,96 (i) If a hearing is held on the proposed rule or amendment, the commission shall
7publish the place, time, and date of the scheduled public hearing. If the hearing is
8held via electronic means, the commission shall publish the mechanism for access
9to the electronic hearing.
AB410,32,1310 1. All persons wishing to be heard at the hearing shall notify the executive
11director of the commission or other designated member in writing of their desire to
12appear and testify at the hearing not less than 5 business days before the scheduled
13date of the hearing.
AB410,32,1514 2. Hearings shall be conducted in a manner providing each person who wishes
15to comment a fair and reasonable opportunity to comment orally or in writing.
AB410,32,1716 3. All hearings will be recorded. A copy of the recording will be made available
17on request.
AB410,32,2018 4. Nothing in this subsection shall be construed as requiring a separate hearing
19on each rule. Rules may be grouped for the convenience of the commission at
20hearings required by this subsection.
AB410,32,2321 (j) Following the scheduled hearing date, or by the close of business on the
22scheduled hearing date if the hearing was not held, the commission shall consider
23all written and oral comments received.
AB410,33,3
1(k) If no written notice of intent to attend the public hearing by interested
2parties is received, the commission may proceed with promulgation of the proposed
3rule without a public hearing.
AB410,33,64 (L) The commission shall, by majority vote of all members, take final action on
5the proposed rule and shall determine the effective date of the rule, if any, based on
6the rulemaking record and the full text of the rule.
AB410,33,137 (m) Upon determination that an emergency exists, the commission may
8consider and adopt an emergency rule without prior notice, opportunity for
9comment, or hearing, provided that the usual rulemaking procedures provided in the
10compact and in this subsection shall be retroactively applied to the rule as soon as
11reasonably possible, in no event later than 90 days after the effective date of the rule.
12For the purposes of this provision, an emergency rule is one that must be adopted
13immediately in order to:
AB410,33,1414 1. Meet an imminent threat to public health, safety, or welfare;
AB410,33,1515 2. Prevent a loss of commission or member state funds;
AB410,33,1716 3. Meet a deadline for the promulgation of an administrative rule that is
17established by federal law or rule; or
AB410,33,1818 4. Protect public health and safety.
AB410,34,319 (n) The commission or an authorized committee of the commission may direct
20revisions to a previously adopted rule or amendment for purposes of correcting
21typographical errors, errors in format, errors in consistency, or grammatical errors.
22Public notice of any revisions shall be posted on the website of the commission. The
23revision shall be subject to challenge by any person for a period of 30 days after
24posting. The revision may be challenged only on grounds that the revision results
25in a material change to a rule. A challenge shall be made in writing and delivered

1to the chair of the commission prior to the end of the notice period. If no challenge
2is made, the revision will take effect without further action. If the revision is
3challenged, the revision may not take effect without the approval of the commission.
AB410,34,8 4(11) Oversight, dispute resolution, and enforcement. (a) Oversight. 1. The
5executive, legislative, and judicial branches of state government in each member
6state shall enforce this compact and take all actions necessary and appropriate to
7effectuate the compact's purposes and intent. The provisions of this compact and the
8rules promulgated hereunder shall have standing as statutory law.
AB410,34,129 2. All courts shall take judicial notice of the compact and the rules in any
10judicial or administrative proceeding in a member state pertaining to the subject
11matter of this compact which may affect the powers, responsibilities, or actions of the
12commission.
AB410,34,1613 3. The commission shall be entitled to receive service of process in any such
14proceeding, and shall have standing to intervene in such a proceeding for all
15purposes. Failure to provide service of process to the commission shall render a
16judgment or order void as to the commission, this compact, or promulgated rules.
AB410,34,2017 (b) Default, technical assistance, and termination. 1. If the commission
18determines that a member state has defaulted in the performance of its obligations
19or responsibilities under this compact or the promulgated rules, the commission
20shall:
AB410,34,2321 a. Provide written notice to the defaulting state and other member states of the
22nature of the default, the proposed means of curing the default, and/or any other
23action to be taken by the commission; and
AB410,34,2524 b. Provide remedial training and specific technical assistance regarding the
25default.
AB410,35,5
12. If a state in default fails to cure the default, the defaulting state may be
2terminated from the compact upon an affirmative vote of a majority of the member
3states, and all rights, privileges and benefits conferred by this compact may be
4terminated on the effective date of termination. A cure of the default does not relieve
5the offending state of obligations or liabilities incurred during the period of default.
AB410,35,106 3. Termination of membership in the compact shall be imposed only after all
7other means of securing compliance have been exhausted. Notice of intent to
8suspend or terminate shall be given by the commission to the governor, the majority
9and minority leaders of the defaulting state's legislature, and each of the member
10states.
AB410,35,1311 4. A state that has been terminated is responsible for all assessments,
12obligations, and liabilities incurred through the effective date of termination,
13including obligations that extend beyond the effective date of termination.
AB410,35,1614 5. The commission shall not bear any costs related to a state that is found to
15be in default or that has been terminated from the compact, unless agreed upon in
16writing between the commission and the defaulting state.
AB410,35,2017 6. The defaulting state may appeal the action of the commission by petitioning
18the U.S. District Court for the District of Columbia or the federal district where the
19commission has its principal offices. The prevailing member shall be awarded all
20costs of such litigation, including reasonable attorney's fees.
Loading...
Loading...