This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
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.
AB410,35,2321 (c) Dispute resolution. 1. Upon request by a member state, the commission
22shall attempt to resolve disputes related to the compact that arise among member
23states and between member and non-member states.
AB410,35,2524 2. The commission shall promulgate a rule providing for both mediation and
25binding dispute resolution for disputes as appropriate.
AB410,36,2
1(d) Enforcement. 1. The commission, in the reasonable exercise of its
2discretion, shall enforce the provisions and rules of this compact.
AB410,36,93 2. By majority vote, the commission may initiate legal action in the United
4States District Court for the District of Columbia or the federal district where the
5commission has its principal offices against a member state in default to enforce
6compliance with the provisions of the compact and its promulgated rules and bylaws.
7The relief sought may include both injunctive relief and damages. In the event
8judicial enforcement is necessary, the prevailing member shall be awarded all costs
9of such litigation, including reasonable attorney's fees.
AB410,36,1110 3. The remedies herein shall not be the exclusive remedies of the commission.
11The commission may pursue any other remedies available under federal or state law.
AB410,36,19 12(12) Date of implementation of the interstate commission for occupational
13therapy practice and associated rules, withdrawal, and amendment.
(a) The
14compact shall come into effect on the date on which the compact statute is enacted
15into law in the tenth member state. The provisions, which become effective at that
16time, shall be limited to the powers granted to the commission relating to assembly
17and the promulgation of rules. Thereafter, the commission shall meet and exercise
18rulemaking powers necessary to the implementation and administration of the
19compact.
AB410,36,2420 (b) Any state that joins the compact subsequent to the commission's initial
21adoption of the rules shall be subject to the rules as they exist on the date on which
22the compact becomes law in that state. Any rule that has been previously adopted
23by the commission shall have the full force and effect of law on the day the compact
24becomes law in that state.
AB410,37,2
1(c) Any member state may withdraw from this compact by enacting a statute
2repealing the same.
AB410,37,43 1. A member state's withdrawal shall not take effect until 6 months after
4enactment of the repealing statute.
AB410,37,85 2. Withdrawal shall not affect the continuing requirement of the withdrawing
6state's occupational therapy licensing board to comply with the investigative and
7adverse action reporting requirements of this act prior to the effective date of
8withdrawal.
AB410,37,129 (d) Nothing contained in this compact shall be construed to invalidate or
10prevent any occupational therapy licensure agreement or other cooperative
11arrangement between a member state and a nonmember state that does not conflict
12with the provisions of this compact.
AB410,37,1513 (e) This compact may be amended by the member states. No amendment to this
14compact shall become effective and binding upon any member state until it is enacted
15into the laws of all member states.
AB410,37,25 16(13) Construction and severability. This compact shall be liberally construed
17so as to effectuate the purposes thereof. The provisions of this compact shall be
18severable and if any phrase, clause, sentence or provision of this compact is declared
19to be contrary to the constitution of any member state or of the United States or the
20applicability thereof to any government, agency, person, or circumstance is held
21invalid, the validity of the remainder of this compact and the applicability thereof to
22any government, agency, person, or circumstance shall not be affected thereby. If this
23compact shall be held contrary to the constitution of any member state, the compact
24shall remain in full force and effect as to the remaining member states and in full
25force and effect as to the member state affected as to all severable matters.
AB410,38,3
1(14) Binding effect of compact and other laws. (a) A licensee providing
2occupational therapy in a remote state under the compact privilege shall function
3within the laws and regulations of the remote state.
AB410,38,54 (b) Nothing herein prevents the enforcement of any other law of a member state
5that is not inconsistent with the compact.
AB410,38,76 (c) Any laws in a member state in conflict with the compact are superseded to
7the extent of the conflict.
AB410,38,98 (d) Any lawful actions of the commission, including all rules and bylaws
9promulgated by the commission, are binding upon the member states.
AB410,38,1110 (e) All agreements between the commission and the member states are binding
11in accordance with their terms.
AB410,38,1512 (f) In the event any provision of the compact exceeds the constitutional limits
13imposed on the legislature of any member state, the provision shall be ineffective to
14the extent of the conflict with the constitutional provision in question in that member
15state.
AB410,38,17 16448.9875 Implementation of the occupational therapy licensure
17compact.
(1) In this section:
AB410,38,1918 (a) “Compact” means the occupational therapy licensure compact under s.
19448.987.
AB410,38,2120 (b) “Compact privilege” means a compact privilege, as defined in s. 448.987 (2)
21(d), that is granted under the compact to an individual to practice in this state.
AB410,38,2322 (c) “Examining board” means the occupational therapists affiliated
23credentialing board.
AB410,38,25 24(2) The department may impose a fee for an individual to receive a compact
25privilege as provided in s. 448.987 (3) (c).
AB410,39,4
1(3) The examining board may, by rule, require an individual seeking a compact
2privilege to meet a jurisprudence requirement in accordance with s. 448.987 (4) (a)
39., if such a requirement is imposed by the examining board under s. 448.964 in order
4to obtain a license under s. 448.963.
AB410,39,6 5(4) (a) An individual who holds a compact privilege shall comply with s. 440.03
6(13) (am).
AB410,39,107 (b) Subject to s. 448.987 and any rules promulgated thereunder, ss. 440.20 to
8440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
9holds a compact privilege in the same manner that they apply to holders of licenses
10issued under subch. VII.
AB410,21 11Section 21. 450.10 (3) (a) 5. of the statutes is amended to read:
AB410,39,1712 450.10 (3) (a) 5. A physician, physician assistant, podiatrist, physical
13therapist, physical therapist assistant, occupational therapist, or occupational
14therapy assistant licensed under ch. 448 or, a physical therapist or physical therapist
15assistant who holds a compact privilege under subch. IX of ch. 448 , or an occupational
16therapist or occupational therapy assistant who holds a compact privilege under
17subch. XI of ch. 448
.
AB410,22 18Section 22. 451.02 (1) of the statutes is amended to read:
AB410,39,2219 451.02 (1) An individual holding a license, permit or certificate under ch. 441,
20446, 447, 448, or 449 or a compact privilege under subch. IX or XI of ch. 448 who
21engages in a practice of acupuncture that is also included within the scope of his or
22her license, permit or, certificate , or privilege.
AB410,23 23Section 23. Nonstatutory provisions.
Loading...
Loading...