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SB412,11,323 (d) “Compact privilege” means the authorization, which is equivalent to a
24license, granted by a remote state to allow a licensee from another member state to
25practice as an occupational therapist or practice as a occupational therapy assistant

1in the remote state under its laws and rules. The practice of occupational therapy
2occurs in the member state where the patient/client is located at the time of the
3patient/client encounter.
SB412,11,64 (e) “Continuing competence/education” means a requirement, as a condition of
5license renewal, to provide evidence of participation in, and/or completion of,
6educational and professional activities relevant to practice or area of work.
SB412,11,117 (f) “Current significant investigative information” means investigative
8information that a licensing board, after an inquiry or investigation that includes
9notification and an opportunity for the occupational therapist or occupational
10therapy assistant to respond, if required by state law, has reason to believe is not
11groundless and, if proved true, would indicate more than a minor infraction.
SB412,11,1412 (g) “Data system” means a repository of information about licensees, including
13but not limited to license status, investigative information, compact privileges, and
14adverse actions.
SB412,11,1715 (h) “Encumbered License” means a license in which an adverse action restricts
16the practice of occupational therapy by the licensee or said adverse action has been
17reported to the National Practitioners Data Bank (NPDB).
SB412,11,1918 (i) “Executive committee” means a group of directors elected or appointed to act
19on behalf of, and within the powers granted to them by, the commission.
SB412,11,2120 (j) “Home state” means the member state that is the licensee's primary state
21of residence.
SB412,11,2322 (k) “Impaired practitioner” means individuals whose professional practice is
23adversely affected by substance abuse, addiction, or other health-related conditions.
SB412,12,3
1(L) “Investigative information” means information, records, and/or documents
2received or generated by an occupational therapy licensing board pursuant to an
3investigation.
SB412,12,64 (m) “Jurisprudence requirement” means the assessment of an individual's
5knowledge of the laws and rules governing the practice of occupational therapy in a
6state.
SB412,12,97 (n) “Licensee” means an individual who currently holds an authorization from
8the state to practice as an occupational therapist or as an occupational therapy
9assistant.
SB412,12,1010 (o) “Member state” means a state that has enacted the compact.
SB412,12,1211 (p) “Occupational therapist” means an individual who is licensed by a state to
12practice occupational therapy.
SB412,12,1413 (q) “Occupational therapy assistant” means an individual who is licensed by
14a state to assist in the practice of occupational therapy.
SB412,12,1815 (r) “Occupational therapy,” “occupational therapy practice,” and the “practice
16of occupational therapy” mean the care and services provided by an occupational
17therapist or an occupational therapy assistant as set forth in the member state's
18statutes and regulations.
SB412,12,2119 (s) “Occupational therapy compact commission” or “commission” means the
20national administrative body whose membership consists of all states that have
21enacted the compact.
SB412,12,2422 (t) “Occupational therapy licensing board” or “licensing board” means the
23agency of a state that is authorized to license and regulate occupational therapists
24and occupational therapy assistants.
SB412,13,6
1(u) “Primary state of residence” means the state (also known as the home state)
2in which an occupational therapist or occupational therapy assistant who is not
3active duty military declares a primary residence for legal purposes as verified by:
4driver's license, federal income tax return, lease, deed, mortgage, or voter
5registration or other verifying documentation as further defined by commission
6rules.
SB412,13,87 (v) “Remote state” means a member state other than the home state, where a
8licensee is exercising or seeking to exercise the compact privilege.
SB412,13,109 (w) “Rule” means a regulation promulgated by the commission that has the
10force of law.
SB412,13,1211 (x) “State” means any state, commonwealth, district, or territory of the United
12States of America that regulates the practice of occupational therapy.
SB412,13,1613 (y) “Single-state license” means an occupational therapist or occupational
14therapy assistant license issued by a member state that authorizes practice only
15within the issuing state and does not include a compact privilege in any other
16member state.
SB412,13,1917 (z) “Telehealth” means the application of telecommunication technology to
18deliver occupational therapy services for assessment, intervention and/or
19consultation.
SB412,13,21 20(3) State participation in the compact. (a) To participate in the compact, a
21member state shall:
SB412,13,2222 1. License occupational therapists and occupational therapy assistants;
SB412,13,2423 2. Participate fully in the commission's data system, including but not limited
24to using the commission's unique identifier as defined in rules of the commission;
SB412,14,2
13. Have a mechanism in place for receiving and investigating complaints about
2licensees;
SB412,14,53 4. Notify the commission, in compliance with the terms of the compact and
4rules, of any adverse action or the availability of investigative information regarding
5a licensee;
SB412,14,116 5. Implement or utilize procedures for considering the criminal history records
7of applicants for an initial compact privilege. These procedures shall include the
8submission of fingerprints or other biometric-based information by applicants for
9the purpose of obtaining an applicant's criminal history record information from the
10federal bureau of investigation and the agency responsible for retaining that state's
11criminal records;
SB412,14,1612 a. A member state shall, within a time frame established by the commission,
13require a criminal background check for a licensee seeking/applying for a compact
14privilege whose primary state of residence is that member state, by receiving the
15results of the federal bureau of investigation criminal record search, and shall use
16the results in making licensure decisions.
SB412,14,2117 b. Communication between a member state, the commission or among member
18states regarding the verification of eligibility for licensure through the compact shall
19not include any information received from the federal bureau of investigation
20relating to a federal criminal records check performed by a member state under P.L.
2192-544.
SB412,14,2222 6. Comply with the rules of the commission;
SB412,14,2423 7. Utilize only a recognized national examination as a requirement for
24licensure pursuant to the rules of the commission; and
SB412,15,2
18. Have continuing competence/education requirements as a condition for
2license renewal.
SB412,15,53 (b) A member state shall grant the compact privilege to a licensee holding a
4valid unencumbered license in another member state in accordance with the terms
5of the compact and rules.
SB412,15,66 (c) Member states may charge a fee for granting a compact privilege.
SB412,15,87 (d) A member state shall provide for the state's delegate to attend all
8occupational therapy compact commission meetings.
SB412,15,129 (e) Individuals not residing in a member state shall continue to be able to apply
10for a member state's single-state license as provided under the laws of each member
11state. However, the single-state license granted to these individuals shall not be
12recognized as granting the compact privilege in any other member state.
SB412,15,1413 (f) Nothing in this compact shall affect the requirements established by a
14member state for the issuance of a single-state license.
SB412,15,16 15(4) Compact privilege. (a) To exercise the compact privilege under the terms
16and provisions of the compact, the licensee shall:
SB412,15,1717 1. Hold a license in the home state;
SB412,15,1918 2. Have a valid United States social security number or national practitioner
19identification number;
SB412,15,2020 3. Have no encumbrance on any state license;
SB412,15,2221 4. Be eligible for a compact privilege in any member state in accordance with
22pars. (d), (f), (g), and (h);
SB412,15,2523 5. Have paid all fines and completed all requirements resulting from any
24adverse action against any license or compact privilege, and 2 years have elapsed
25from the date of such completion;
SB412,16,2
16. Notify the commission that the licensee is seeking the compact privilege
2within a remote state(s);
SB412,16,33 7. Pay any applicable fees, including any state fee, for the compact privilege;
SB412,16,44 8. Complete a criminal background check in accordance with sub. (3) (a) 5.;
SB412,16,65 a. The licensee shall be responsible for the payment of any fee associated with
6the completion of a criminal background check.
SB412,16,87 9. Meet any jurisprudence requirements established by the remote state(s) in
8which the licensee is seeking a compact privilege; and
SB412,16,109 10. Report to the commission adverse action taken by any non-member state
10within 30 days from the date the adverse action is taken.
SB412,16,1311 (b) The compact privilege is valid until the expiration date of the home state
12license. The licensee must comply with the requirements of par. (a) to maintain the
13compact privilege in the remote state.
SB412,16,1514 (c) A licensee providing occupational therapy in a remote state under the
15compact privilege shall function within the laws and regulations of the remote state.
SB412,16,1816 (d) Occupational therapy assistants practicing in a remote state shall be
17supervised by an occupational therapist licensed or holding a compact privilege in
18that remote state.
SB412,16,2519 (e) A licensee providing occupational therapy in a remote state is subject to that
20state's regulatory authority. A remote state may, in accordance with due process and
21that state's laws, remove a licensee's compact privilege in the remote state for a
22specific period of time, impose fines, and/or take any other necessary actions to
23protect the health and safety of its citizens. The licensee may be ineligible for a
24compact privilege in any state until the specific time for removal has passed and all
25fines are paid.
SB412,17,2
1(f) If a home state license is encumbered, the licensee shall lose the compact
2privilege in any remote state until the following occur:
SB412,17,33 1. The home state license is no longer encumbered; and
SB412,17,54 2. Two years have elapsed from the date on which the home state license is no
5longer encumbered in accordance with subd. 1.
SB412,17,86 (g) Once an encumbered license in the home state is restored to good standing,
7the licensee must meet the requirements of par. (a) to obtain a compact privilege in
8any remote state.
SB412,17,119 (h) If a licensee's compact privilege in any remote state is removed, the
10individual may lose the compact privilege in any other remote state until the
11following occur:
SB412,17,1312 1. The specific period of time for which the compact privilege was removed has
13ended;
SB412,17,1414 2. All fines have been paid and all conditions have been met;
SB412,17,1615 3. Two years have elapsed from the date of completing requirements under
16subds. 1. and 2; and
SB412,17,1817 4. The compact privileges are reinstated by the commission and the compact
18data system is updated to reflect reinstatement.
SB412,17,2019 (i) If a licensee's compact privilege in any remote state is removed due to an
20erroneous charge, privileges shall be restored through the compact data system.
SB412,17,2221 (j) Once the requirements of par. (h) have been met, the license must meet the
22requirements in par. (a) to obtain a compact privilege in a remote state.
SB412,18,2 23(5) Obtaining a new home state license by virtue of compact privilege. (a)
24An occupational therapist or occupational therapy assistant may hold a home state

1license, which allows for compact privileges in member states, in only one member
2state at a time.
SB412,18,43 (b) If an occupational therapist or occupational therapy assistant changes
4primary state of residence by moving between two member states:
SB412,18,85 1. The occupational therapist or occupational therapy assistant shall file an
6application for obtaining a new home state license by virtue of a compact privilege,
7pay all applicable fees, and notify the current and new home state in accordance with
8applicable rules adopted by the commission.
SB412,18,129 2. Upon receipt of an application for obtaining a new home state license by
10virtue of compact privilege, the new home state shall verify that the occupational
11therapist or occupational therapy assistant meets the pertinent criteria outlined in
12sub. (4) via the data system, without need for primary source verification except for:
SB412,18,1513 a. An FBI fingerprint based criminal background check if not previously
14performed or updated pursuant to applicable rules adopted by the commission in
15accordance with P.L. 92-544;
SB412,18,1616 b. Other criminal background check as required by the new home state; and
SB412,18,1817 c. Submission of any requisite jurisprudence requirements of the new home
18state.
SB412,18,2119 3. The former home state shall convert the former home state license into a
20compact privilege once the new home state has activated the new home state license
21in accordance with applicable rules adopted by the commission.
SB412,18,2422 4. Notwithstanding any other provision of this compact, if the occupational
23therapist or occupational therapy assistant cannot meet the criteria in sub. (4), the
24new home state shall apply its requirements for issuing a new single-state license.
SB412,19,3
15. The occupational therapist or the occupational therapy assistant shall pay
2all applicable fees to the new home state in order to be issued a new home state
3license.
SB412,19,74 (c) If an occupational therapist or occupational therapy assistant changes
5primary state of residence by moving from a member state to a non-member state,
6or from a non-member state to a member state, the state criteria shall apply for
7issuance of a single-state license in the new state.
SB412,19,108 (d) Nothing in this compact shall interfere with a licensee's ability to hold a
9single-state license in multiple states; however, for the purposes of this compact, a
10licensee shall have only one home state license.
SB412,19,1211 (e) Nothing in this compact shall affect the requirements established by a
12member state for the issuance of a single-state license.
SB412,19,18 13(6) Active duty military personnel or their spouses. (a) Active duty military
14personnel, or their spouses, shall designate a home state where the individual has
15a current license in good standing. The individual may retain the home state
16designation during the period the service member is on active duty. Subsequent to
17designating a home state, the individual shall only change their home state through
18application for licensure in the new state or through the process described in sub. (5).
SB412,19,21 19(7) Adverse actions. (a) A home state shall have exclusive power to impose
20adverse action against an occupational therapist's or occupational therapy
21assistant's license issued by the home state.
SB412,19,2322 (b) In addition to the other powers conferred by state law, a remote state shall
23have the authority, in accordance with existing state due process law, to:
SB412,19,2524 1. Take adverse action against an occupational therapist's or occupational
25therapy assistant's compact privilege within that member state.
SB412,20,9
12. Issue subpoenas for both hearings and investigations that require the
2attendance and testimony of witnesses as well as the production of evidence.
3Subpoenas issued by a licensing board in a member state for the attendance and
4testimony of witnesses or the production of evidence from another member state
5shall be enforced in the latter state by any court of competent jurisdiction, according
6to the practice and procedure of that court applicable to subpoenas issued in
7proceedings pending before it. The issuing authority shall pay any witness fees,
8travel expenses, mileage, and other fees required by the service statutes of the state
9in which the witnesses or evidence are located.
SB412,20,1310 (c) For purposes of taking adverse action, the home state shall give the same
11priority and effect to reported conduct received from a member state as it would if
12the conduct had occurred within the home state. In so doing, the home state shall
13apply its own state laws to determine appropriate action.
SB412,20,2114 (d) The home state shall complete any pending investigations of an
15occupational therapist or occupational therapy assistant who changes primary state
16of residence during the course of the investigations. The home state, where the
17investigations were initiated, shall also have the authority to take appropriate
18action(s) and shall promptly report the conclusions of the investigations to the OT
19compact commission data system. The occupational therapy compact commission
20data system administrator shall promptly notify the new home state of any adverse
21actions.
SB412,20,2522 (e) A member state, if otherwise permitted by state law, may recover from the
23affected occupational therapist or occupational therapy assistant the costs of
24investigations and disposition of cases resulting from any adverse action taken
25against that occupational therapist or occupational therapy assistant.
SB412,21,3
1(f) A member state may take adverse action based on the factual findings of the
2remote state, provided that the member state follows its own procedures for taking
3the adverse action.
SB412,21,74 (g) Joint investigations. 1. In addition to the authority granted to a member
5state by its respective state occupational therapy laws and regulations or other
6applicable state law, any member state may participate with other member states
7in joint investigations of licensees.
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