AB410,4,2018
252.14
(1) (ar) 4p. An occupational therapist or occupational therapy assistant
19who is licensed under subch. VII of ch. 448
or who holds a compact privilege under
20subch. XI of ch. 448.
AB410,8
21Section
8. 440.03 (9) (a) (intro.) of the statutes is amended to read:
AB410,5,222
440.03
(9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
23the department shall, biennially, determine each fee for an initial credential for
24which no examination is required, for a reciprocal credential, and for a credential
1renewal and any
fee fees imposed under
s. ss. 448.986 (2)
and 448.9875 (2) by doing
2all of the following:
AB410,9
3Section
9. 440.03 (9) (a) 2. of the statutes is amended to read:
AB410,5,174
440.03
(9) (a) 2. Not later than January 31 of each odd-numbered year,
5adjusting for the succeeding fiscal biennium each fee for an initial credential for
6which an examination is not required, for a reciprocal credential, and, subject to s.
7440.08 (2) (a), for a credential renewal, and any
fee fees imposed under
s. ss. 448.986
8(2)
and 448.9875 (2), if an adjustment is necessary to reflect the approximate
9administrative and enforcement costs of the department that are attributable to the
10regulation of the particular occupation or business during the period in which the
11initial or reciprocal credential, credential renewal, or compact privilege is in effect
12and, for purposes of each fee for a credential renewal, to reflect an estimate of any
13additional moneys available for the department's general program operations as a
14result of appropriation transfers that have been or are estimated to be made under
15s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for
16an adjustment under this subdivision or during the fiscal biennium beginning on the
17July 1 immediately following the deadline for an adjustment under this subdivision.
AB410,10
18Section
10. 440.03 (11m) (c) 2r. of the statutes is created to read:
AB410,5,2119
440.03
(11m) (c) 2r. The coordinated database and reporting system under s.
20448.987 (9), if such disclosure is required under the occupational therapy licensure
21compact under s. 440.987.
AB410,11
22Section
11. 440.03 (13) (b) (intro.) of the statutes is amended to read:
AB410,6,423
440.03
(13) (b) (intro.) The department may investigate whether an applicant
24for or holder of any of the following credentials has been charged with or convicted
25of a crime only pursuant to rules promulgated by the department under this
1paragraph, including rules that establish the criteria that the department will use
2to determine whether an investigation under this paragraph is necessary, except as
3provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3.,
and 448.985 (3) (a) 4.
,
4and 448.987 (3) (a) 5. a. and (5) (b) 2. a.:
AB410,12
5Section
12. 440.03 (13) (c) of the statutes is amended to read:
AB410,7,36
440.03
(13) (c) The department shall require an applicant for a private
7detective license or a private security permit under s. 440.26, an applicant for a
8juvenile martial arts instructor permit under sub. (17), an applicant for a real estate
9appraiser certification under s. 458.06 or license under s. 458.08, an applicant for a
10multistate license under s. 441.06 (1c) or 441.10 (1c), an applicant for a compact
11license under s. 448.05 (2) (f), an applicant for a physical therapist license under s.
12448.53 or physical therapist assistant license under s. 448.535,
an applicant for an
13occupational therapist or occupational therapy assistant compact privilege under s.
14448.987 (4), an applicant for an occupational therapist or occupational therapy
15assistant license described in s. 448.987 (5) (b) 2. a., and a person for whom the
16department conducts an investigation under par. (b), to be photographed and
17fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's
18fingerprints. The department of justice may submit the fingerprint cards, and the
19department of justice shall submit the fingerprint cards of all applicants for a real
20estate appraiser certification under s. 458.06 or license under s. 458.08, of all
21applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
22for a compact license under s. 448.05 (2) (f), and of all applicants for a physical
23therapist license under s. 448.53 or a physical therapist assistant license under s.
24448.535, to the federal bureau of investigation for the purpose of verifying the
25identity of the persons fingerprinted and obtaining records of their criminal arrests
1and convictions. Information obtained from the federal bureau of investigation may
2be shared with the department or the appropriate credentialing board, but shall
3otherwise be kept confidential and is not subject to disclosure under s. 19.35.
AB410,7,11
6440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
7441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.
, 448.987 (3) (a) 5. a. and (5) (b)
82. a., 450.071 (3) (c) 9., and 450.075 (3) (c) 9., the department or a credentialing board
9may not require that an applicant for a credential or a credential holder be
10fingerprinted or submit fingerprints in connection with the department's or the
11credentialing board's credentialing.
AB410,14
12Section
14. 446.01 (1v) (h) of the statutes is amended to read:
AB410,7,1513
446.01
(1v) (h) Occupational therapists affiliated credentialing board under
14subch. VII of ch. 448.
“Health care professional" also includes an individual who
15holds a compact privilege under subch. XI of ch. 448.
AB410,15
16Section
15. 448.956 (1m) of the statutes is amended to read:
AB410,7,2317
448.956
(1m) Subject to sub. (1) (a), a licensee may provide athletic training
18to an individual without a referral, except that a licensee may not provide athletic
19training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation
20setting unless the licensee has obtained a written referral for the individual from a
21practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter;
22under ch. 446; or under s. 441.16 (2) or from a practitioner who holds a compact
23privilege under subch. IX
or XI of ch. 448.
AB410,16
24Section
16. 448.96 (1n) and (1o) of the statutes are created to read:
AB410,8,2
1448.96
(1n) “Compact" means the occupational therapy licensure compact
2under s. 448.987.
AB410,8,4
3(1o) “Compact privilege" means a compact privilege, as defined in s. 448.987
4(2) (d), that is granted under the compact to an individual to practice in this state.
AB410,17
5Section
17. 448.96 (4) and (6) of the statutes are amended to read:
AB410,8,86
448.96
(4) “Occupational therapist" means an individual who is licensed by the
7affiliated credentialing board to practice occupational therapy
or who holds an
8occupational therapist compact privilege.
AB410,8,12
9(6) “Occupational therapy assistant" means an individual who is licensed by
10the affiliated credentialing board to assist in the practice of occupational therapy
11under the supervision of an occupational therapist
or who holds an occupational
12therapy assistant compact privilege.
AB410,18
13Section
18. 448.961 of the statutes is amended to read:
AB410,8,19
14448.961 License required. (1) Except as provided in s. 448.962 (1),
a
no 15person
who is not licensed as an occupational therapist may
not practice
16occupational therapy, designate himself or herself as an occupational therapist,
17claim to render occupational therapy services
, or use the abbreviation “O.T." or
18“O.T.R." after the person's name
unless the person is licensed as an occupational
19therapist or holds a valid occupational therapist compact privilege.
AB410,9,2
20(2) Except as provided in s. 448.962 (2)
a , no person
who is not licensed as an
21occupational therapy assistant may
not assist in the practice of occupational therapy,
22describe himself or herself as an occupational therapy assistant
or, claim to render
23occupational therapy services as an occupational therapy assistant
, or use the
24abbreviation “O.T.A." or “C.O.T.A." after the person's name
unless the person is
1licensed as an occupational therapy assistant or holds a valid occupational therapy
2assistant compact privilege.
AB410,19
3Section
19. 448.968 (2) (intro.) of the statutes is amended to read:
AB410,9,84
448.968
(2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
5affiliated credentialing board may reprimand a licensee
or compact privilege holder 6or deny, limit, suspend or revoke a license granted under this subchapter
or a
7compact privilege if it finds that the applicant
or
, licensee
, or compact privilege
8holder has done any of the following:
AB410,20
9Section
20. Subchapter XI of chapter 448 [precedes 448.987] of the statutes
10is created to read:
AB410,9,1412
SUBCHAPTER XI
13
OCCUPATIONAL therapy
14
licensure compact
AB410,9,21
15448.987 Occupational therapy licensure compact. (1) Purpose. The
16purpose of this compact is to facilitate interstate practice of occupational therapy
17with the goal of improving public access to occupational therapy services. The
18practice of occupational therapy occurs in the state where the patient/client is located
19at the time of the patient/client encounter. The compact preserves the regulatory
20authority of states to protect public health and safety through the current system of
21state licensure. This compact is designed to achieve the following objectives:
AB410,9,2322
(a) Increase public access to occupational therapy services by providing for the
23mutual recognition of other member state licenses;
AB410,9,2424
(b) Enhance the states' ability to protect the public's health and safety;
AB410,10,2
1(c) Encourage the cooperation of member states in regulating multi-state
2occupational therapy practice;
AB410,10,33
(d) Support spouses of relocating military members;
AB410,10,54
(e) Enhance the exchange of licensure, investigative, and disciplinary
5information between member states;
AB410,10,76
(f) Allow a remote state to hold a provider of services with a compact privilege
7in that state accountable to that state's practice standards; and
AB410,10,98
(g) Facilitate the use of telehealth technology in order to increase access to
9occupational therapy services.
AB410,10,11
10(2) Definitions. As used in this compact, and except as otherwise provided, the
11following definitions shall apply:
AB410,10,1412
(a) “Active duty military” means full-time duty status in the active uniformed
13service of the United States, including members of the National Guard and Reserve
14on active duty orders pursuant to
10 USC ch. 1209 and
10 USC ch. 1211.
AB410,10,2015
(b) “Adverse action” means any administrative, civil, equitable, or criminal
16action permitted by a state's laws which is imposed by a licensing board or other
17authority against an occupational therapist or occupational therapy assistant,
18including actions against an individual's license or compact privilege such as
19censure, revocation, suspension, probation, monitoring of the licensee, or restriction
20on the licensee's practice.
AB410,10,2221
(c) “Alternative program” means a non-disciplinary monitoring process
22approved by an occupational therapy licensing board.
AB410,11,323
(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.
AB410,11,64
(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.
AB410,11,117
(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.
AB410,11,1412
(g) “Data system” means a repository of information about licensees, including
13but not limited to license status, investigative information, compact privileges, and
14adverse actions.
AB410,11,1715
(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).
AB410,11,1918
(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.
AB410,11,2120
(j) “Home state” means the member state that is the licensee's primary state
21of residence.
AB410,11,2322
(k) “Impaired practitioner” means individuals whose professional practice is
23adversely affected by substance abuse, addiction, or other health-related conditions.
AB410,12,3
1(L) “Investigative information” means information, records, and/or documents
2received or generated by an occupational therapy licensing board pursuant to an
3investigation.
AB410,12,64
(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.
AB410,12,97
(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.
AB410,12,1010
(o) “Member state” means a state that has enacted the compact.
AB410,12,1211
(p) “Occupational therapist” means an individual who is licensed by a state to
12practice occupational therapy.
AB410,12,1413
(q) “Occupational therapy assistant” means an individual who is licensed by
14a state to assist in the practice of occupational therapy.
AB410,12,1815
(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.
AB410,12,2119
(s) “Occupational therapy compact commission” or “commission” means the
20national administrative body whose membership consists of all states that have
21enacted the compact.
AB410,12,2422
(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.
AB410,13,6
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.
AB410,13,87
(v) “Remote state” means a member state other than the home state, where a
8licensee is exercising or seeking to exercise the compact privilege.
AB410,13,109
(w) “Rule” means a regulation promulgated by the commission that has the
10force of law.
AB410,13,1211
(x) “State” means any state, commonwealth, district, or territory of the United
12States of America that regulates the practice of occupational therapy.
AB410,13,1613
(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.
AB410,13,1917
(z) “Telehealth” means the application of telecommunication technology to
18deliver occupational therapy services for assessment, intervention and/or
19consultation.
AB410,13,21
20(3) State participation in the compact. (a) To participate in the compact, a
21member state shall:
AB410,13,2222
1. License occupational therapists and occupational therapy assistants;
AB410,13,2423
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;
AB410,14,2
13. Have a mechanism in place for receiving and investigating complaints about
2licensees;
AB410,14,53
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;
AB410,14,116
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;
AB410,14,1612
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.
AB410,14,2117
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.
AB410,14,2222
6. Comply with the rules of the commission;
AB410,14,2423
7. Utilize only a recognized national examination as a requirement for
24licensure pursuant to the rules of the commission; and
AB410,15,2
18. Have continuing competence/education requirements as a condition for
2license renewal.
AB410,15,53
(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.
AB410,15,66
(c) Member states may charge a fee for granting a compact privilege.
AB410,15,87
(d) A member state shall provide for the state's delegate to attend all
8occupational therapy compact commission meetings.
AB410,15,129
(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.
AB410,15,1413
(f) Nothing in this compact shall affect the requirements established by a
14member state for the issuance of a single-state license.
AB410,15,16
15(4) Compact privilege. (a) To exercise the compact privilege under the terms
16and provisions of the compact, the licensee shall:
AB410,15,1717
1. Hold a license in the home state;
AB410,15,1918
2. Have a valid United States social security number or national practitioner
19identification number;
AB410,15,2020
3. Have no encumbrance on any state license;
AB410,15,2221
4. Be eligible for a compact privilege in any member state in accordance with
22pars. (d), (f), (g), and (h);
AB410,15,2523
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;
AB410,16,2
16. Notify the commission that the licensee is seeking the compact privilege
2within a remote state(s);