SB412: Bill Text

SB412,12,9 (n) “Licensee” means an individual who currently holds an authorization from the state to practice as an occupational therapist or as an occupational therapy assistant.

SB412,12,10 (o) “Member state” means a state that has enacted the compact.

SB412,12,12 (p) “Occupational therapist” means an individual who is licensed by a state to practice occupational therapy.

SB412,12,14 (q) “Occupational therapy assistant” means an individual who is licensed by a state to assist in the practice of occupational therapy.

SB412,12,18 (r) “Occupational therapy,” “occupational therapy practice,” and the “practice of occupational therapy” mean the care and services provided by an occupational therapist or an occupational therapy assistant as set forth in the member state's statutes and regulations.

SB412,12,21 (s) “Occupational therapy compact commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.

SB412,12,24 (t) “Occupational therapy licensing board” or “licensing board” means the agency of a state that is authorized to license and regulate occupational therapists and occupational therapy assistants.

SB412,13,6 (u) “Primary state of residence” 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's license, federal income tax return, lease, deed, mortgage, or voter registration or other verifying documentation as further defined by commission rules.

SB412,13,8 (v) “Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.

SB412,13,10 (w) “Rule” means a regulation promulgated by the commission that has the force of law.

SB412,13,12 (x) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of occupational therapy.

SB412,13,16 (y) “Single-state license” 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.

SB412,13,19 (z) “Telehealth” means the application of telecommunication technology to deliver occupational therapy services for assessment, intervention and/or consultation.

SB412,13,21 (3) State participation in the compact. (a) To participate in the compact, a member state shall:

SB412,13,22 1. License occupational therapists and occupational therapy assistants;

SB412,13,24 2. Participate fully in the commission's data system, including but not limited to using the commission's unique identifier as defined in rules of the commission;

SB412,14,2 3. Have a mechanism in place for receiving and investigating complaints about licensees;

SB412,14,5 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;

SB412,14,11 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's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records;

SB412,14,16 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.

SB412,14,21 b. Communication between a member state, the commission or 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.

SB412,14,22 6. Comply with the rules of the commission;

SB412,14,24 7. Utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and

SB412,15,2 8. Have continuing competence/education requirements as a condition for license renewal.

SB412,15,5 (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.

SB412,15,6 (c) Member states may charge a fee for granting a compact privilege.

SB412,15,8 (d) A member state shall provide for the state's delegate to attend all occupational therapy compact commission meetings.

SB412,15,12 (e) Individuals not residing in a member state shall continue to be able to apply for a member state'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.

SB412,15,14 (f) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.

SB412,15,16 (4) Compact privilege. (a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:

SB412,15,17 1. Hold a license in the home state;

SB412,15,19 2. Have a valid United States social security number or national practitioner identification number;

SB412,15,20 3. Have no encumbrance on any state license;

SB412,15,22 4. Be eligible for a compact privilege in any member state in accordance with pars. (d), (f), (g), and (h);

SB412,15,25 5. Have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege, and 2 years have elapsed from the date of such completion;

SB412,16,2 6. Notify the commission that the licensee is seeking the compact privilege within a remote state(s);

SB412,16,3 7. Pay any applicable fees, including any state fee, for the compact privilege;

SB412,16,4 8. Complete a criminal background check in accordance with sub. (3) (a) 5.;

SB412,16,6 a. The licensee shall be responsible for the payment of any fee associated with the completion of a criminal background check.

SB412,16,8 9. Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and

SB412,16,10 10. Report to the commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.

SB412,16,13 (b) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of par. (a) to maintain the compact privilege in the remote state.

SB412,16,15 (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.

SB412,16,18 (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.

SB412,16,25 (e) A licensee providing occupational therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee'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.

SB412,17,2 (f) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:

SB412,17,3 1. The home state license is no longer encumbered; and

SB412,17,5 2. Two years have elapsed from the date on which the home state license is no longer encumbered in accordance with subd. 1.

SB412,17,8 (g) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of par. (a) to obtain a compact privilege in any remote state.

SB412,17,11 (h) If a licensee'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:

SB412,17,13 1. The specific period of time for which the compact privilege was removed has ended;

SB412,17,14 2. All fines have been paid and all conditions have been met;

SB412,17,16 3. Two years have elapsed from the date of completing requirements under subds. 1. and 2; and

SB412,17,18 4. The compact privileges are reinstated by the commission and the compact data system is updated to reflect reinstatement.

SB412,17,20 (i) If a licensee's compact privilege in any remote state is removed due to an erroneous charge, privileges shall be restored through the compact data system.

SB412,17,22 (j) Once the requirements of par. (h) have been met, the license must meet the requirements in par. (a) to obtain a compact privilege in a remote state.

SB412,18,2 (5) 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.

SB412,18,4 (b) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between two member states:

SB412,18,8 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.

SB412,18,12 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 sub. (4) via the data system, without need for primary source verification except for:

SB412,18,15 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;

SB412,18,16 b. Other criminal background check as required by the new home state; and

SB412,18,18 c. Submission of any requisite jurisprudence requirements of the new home state.

SB412,18,21 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.

SB412,18,24 4. Notwithstanding any other provision of this compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in sub. (4), the new home state shall apply its requirements for issuing a new single-state license.

SB412,19,3 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.

SB412,19,7 (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.

SB412,19,10 (d) Nothing in this compact shall interfere with a licensee'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.

SB412,19,12 (e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.

SB412,19,18 (6) Active duty military personnel or their spouses. (a) 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 sub. (5).

SB412,19,21 (7) Adverse actions. (a) A home state shall have exclusive power to impose adverse action against an occupational therapist's or occupational therapy assistant's license issued by the home state.

SB412,19,23 (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:

SB412,19,25 1. Take adverse action against an occupational therapist's or occupational therapy assistant's compact privilege within that member state.

SB412,20,9 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.

SB412,20,13 (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.

SB412,20,21 (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.

SB412,20,25 (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.

SB412,21,3 (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.

SB412,21,7 (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.

SB412,21,10 2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

SB412,21,19 (h) If an adverse action is taken by the home state against an occupational therapist's or occupational therapy assistant's license, the occupational therapist's or occupational therapy assistant'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's or occupational therapy assistant's license shall include a statement that the occupational therapist's or occupational therapy assistant's compact privilege is deactivated in all member states during the pendency of the order.

SB412,21,22 (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.

SB412,21,24 (j) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.

SB412,22,3 (8) 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:

SB412,22,4 1. The commission is an instrumentality of the compact states.

SB412,22,9 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.

SB412,22,11 3. Nothing in this compact shall be construed to be a waiver of sovereign immunity.

SB412,22,13 (b) Membership, voting, and meetings. 1. Each member state shall have and be limited to one delegate selected by that member state's licensing board.

SB412,22,14 2. The delegate shall be either: