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SB412,35,106 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.
SB412,35,1311 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.
SB412,35,1614 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.
SB412,35,2017 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.
SB412,35,2321 (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.
SB412,35,2524 2. The commission shall promulgate a rule providing for both mediation and
25binding dispute resolution for disputes as appropriate.
SB412,36,2
1(d) Enforcement. 1. The commission, in the reasonable exercise of its
2discretion, shall enforce the provisions and rules of this compact.
SB412,36,93 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.
SB412,36,1110 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.
SB412,36,19 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.
SB412,36,2420 (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.
SB412,37,2
1(c) Any member state may withdraw from this compact by enacting a statute
2repealing the same.
SB412,37,43 1. A member state's withdrawal shall not take effect until 6 months after
4enactment of the repealing statute.
SB412,37,85 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.
SB412,37,129 (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.
SB412,37,1513 (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.
SB412,37,25 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.
SB412,38,3
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.
SB412,38,54 (b) Nothing herein prevents the enforcement of any other law of a member state
5that is not inconsistent with the compact.
SB412,38,76 (c) Any laws in a member state in conflict with the compact are superseded to
7the extent of the conflict.
SB412,38,98 (d) Any lawful actions of the commission, including all rules and bylaws
9promulgated by the commission, are binding upon the member states.
SB412,38,1110 (e) All agreements between the commission and the member states are binding
11in accordance with their terms.
SB412,38,1512 (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.
SB412,38,17 16448.9875 Implementation of the occupational therapy licensure
17compact.
(1) In this section:
SB412,38,1918 (a) “Compact” means the occupational therapy licensure compact under s.
19448.987.
SB412,38,2120 (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.
SB412,38,2322 (c) “Examining board” means the occupational therapists affiliated
23credentialing board.
SB412,38,25 24(2) The department may impose a fee for an individual to receive a compact
25privilege as provided in s. 448.987 (3) (c).
SB412,39,4
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.
SB412,39,6 5(4) (a) An individual who holds a compact privilege shall comply with s. 440.03
6(13) (am).
SB412,39,107 (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.
SB412,21 11Section 21. 450.10 (3) (a) 5. of the statutes is amended to read:
SB412,39,1712 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
.
SB412,22 18Section 22. 451.02 (1) of the statutes is amended to read:
SB412,39,2219 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.
SB412,23 23Section 23. Nonstatutory provisions.
SB412,40,824 (1) The occupational therapists affiliated credentialing board and the
25department of safety and professional services may promulgate emergency rules

1under s. 227.24 necessary to implement this act. Notwithstanding s. 227.24 (1) (c)
2and (2), emergency rules promulgated under this subsection remain in effect until
3May 1, 2024, or the date on which permanent rules take effect, whichever is sooner.
4Notwithstanding s. 227.24 (1) (a) and (3), neither the board nor the department is
5required to provide evidence that promulgating a rule under this subsection as an
6emergency rule is necessary for the preservation of the public peace, health, safety,
7or welfare or provide a finding of emergency for a rule promulgated under this
8subsection.
SB412,40,99 (End)
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