Chapter 448

448.985(9)(k) (k) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rule-making record and the full text of the rule.

448.985(9)(L) (L) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rule-making procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to do any of the following:

448.985(9)(L)1. 1. Meet an imminent threat to public health, safety, or welfare.

448.985(9)(L)2. 2. Prevent a loss of commission or member state funds.

448.985(9)(L)3. 3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.

448.985(9)(L)4. 4. Protect public health and safety.

448.985(9)(m) (m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.

448.985(10) (10) Oversight, dispute resolution, and enforcement.

448.985(10)(a) (a) Oversight.

448.985(10)(a)1. 1. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

448.985(10)(a)2. 2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.

448.985(10)(a)3. 3. The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.

448.985(10)(b) (b) Default, technical assistance, and termination.

448.985(10)(b)1. 1. If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall do all of the following:

448.985(10)(b)1.a. a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, and/or any other action to be taken by the commission.

448.985(10)(b)1.b. b. Provide remedial training and specific technical assistance regarding the default.

448.985(10)(b)2. 2. If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

448.985(10)(b)3. 3. Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.

448.985(10)(b)4. 4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

448.985(10)(b)5. 5. The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.

448.985(10)(b)6. 6. The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

448.985(10)(c) (c) Dispute resolution.

448.985(10)(c)1. 1. Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.

448.985(10)(c)2. 2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

448.985(10)(d) (d) Enforcement.

448.985(10)(d)1. 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

448.985(10)(d)2. 2. By majority vote, the commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

448.985(10)(d)3. 3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

448.985(11) (11) Date of implementation of the interstate commission for physical therapy practice and associated rules, withdrawal, and amendments.

448.985(11)(a) (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rule-making powers necessary to the implementation and administration of the compact.

448.985(11)(b) (b) Any state that joins the compact subsequent to the commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.

448.985(11)(c) (c)

448.985(11)(c)1. 1. Any member state may withdraw from this compact by enacting a statute repealing the same.

448.985(11)(c)2. 2. A member state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.

448.985(11)(c)3. 3. Withdrawal shall not affect the continuing requirement of the withdrawing state’s physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

448.985(11)(d) (d) Nothing contained in this compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.

448.985(11)(e) (e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

448.985(12) (12) Construction and severability. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.

448.985 History History: 2019 a. 100.

448.986 448.986 Implementation of the physical therapy licensure compact.

448.986(1) (1) In this section:

448.986(1)(a) (a) “Compact” means the physical therapy licensure compact under s. 448.985.

448.986(1)(b) (b) “Compact privilege” means a compact privilege, as defined in s. 448.985 (2) (d), that is granted under the compact to an individual to practice in this state.

448.986(1)(c) (c) “Examining board” means the physical therapy examining board.

448.986(2) (2) The department may impose a fee for an individual to receive a compact privilege as provided in s. 448.985 (3) (d).

448.986(3) (3) The examining board may, by rule, require an individual seeking a compact privilege to meet a jurisprudence requirement in accordance with s. 448.985 (4) (a) 7., if such a requirement is imposed by the examining board under s. 448.54 in order to obtain a license under s. 448.53 or 448.535.

448.986(4) (4) 

448.986(4)(a) (a) An individual who holds a compact privilege shall comply with s. 440.03 (13) (am).

448.986(4)(b) (b) Subject to s. 448.985 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who holds a compact privilege in the same manner that they apply to holders of licenses issued under subch. III.

448.986 History History: 2019 a. 100.

subch. XII of ch. 448 SUBCHAPTER XII

OCCUPATIONAL THERAPY
LICENSURE COMPACT

Subch. XII of ch. 448 Note NOTE: Subch. XII (title) was renumbered from subch. XI (title) by the legislative reference bureau under s. 13.92 (1) (bm) 2.

448.987 448.987 Occupational therapy licensure compact.

448.987(1) (1) Purpose. The purpose of this compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:

448.987(1)(a) (a) Increase public access to occupational therapy services by providing for the mutual recognition of other member state licenses;

448.987(1)(b) (b) Enhance the states’ ability to protect the public’s health and safety;

448.987(1)(c) (c) Encourage the cooperation of member states in regulating multi-state occupational therapy practice;

448.987(1)(d) (d) Support spouses of relocating military members;

448.987(1)(e) (e) Enhance the exchange of licensure, investigative, and disciplinary information between member states;

448.987(1)(f) (f) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards; and

448.987(1)(g) (g) Facilitate the use of telehealth technology in order to increase access to occupational therapy services.

448.987(2) (2) Definitions. As used in this compact, and except as otherwise provided, the following definitions shall apply:

448.987(2)(a) (a) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 USC ch. 1209 and 10 USC ch. 1211.

448.987(2)(b) (b) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against an occupational therapist or occupational therapy assistant, including actions against an individual’s license or compact privilege such as censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.

448.987(2)(c) (c) “Alternative program” means a non-disciplinary monitoring process approved by an occupational therapy licensing board.

448.987(2)(d) (d) “Compact privilege” means the authorization, which is equivalent to a license, granted by a remote state to allow a licensee from another member state to practice as an occupational therapist or practice as a occupational therapy assistant in the remote state under its laws and rules. The practice of occupational therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.

448.987(2)(e) (e) “Continuing competence/education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

448.987(2)(f) (f) “Current significant investigative information” means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the occupational therapist or occupational therapy assistant to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

448.987(2)(g) (g) “Data system” means a repository of information about licensees, including but not limited to license status, investigative information, compact privileges, and adverse actions.

448.987(2)(h) (h) “Encumbered license” means a license in which an adverse action restricts the practice of occupational therapy by the licensee or said adverse action has been reported to the National Practitioners Data Bank (NPDB).

448.987(2)(i) (i) “Executive committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

448.987(2)(j) (j) “Home state” means the member state that is the licensee’s primary state of residence.

448.987(2)(k) (k) “Impaired practitioner” means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.

448.987(2)(L) (L) “Investigative information” means information, records, and/or documents received or generated by an occupational therapy licensing board pursuant to an investigation.

448.987(2)(m) (m) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of occupational therapy in a state.

448.987(2)(n) (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.

448.987(2)(o) (o) “Member state” means a state that has enacted the compact.

448.987(2)(p) (p) “Occupational therapist” means an individual who is licensed by a state to practice occupational therapy.

448.987(2)(q) (q) “Occupational therapy assistant” means an individual who is licensed by a state to assist in the practice of occupational therapy.

448.987(2)(r) (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.

448.987(2)(s) (s) “Occupational therapy compact commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.

448.987(2)(t) (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.

448.987(2)(u) (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.

448.987(2)(v) (v) “Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.

448.987(2)(w) (w) “Rule” means a regulation promulgated by the commission that has the force of law.

448.987(2)(x) (x) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of occupational therapy.

448.987(2)(y) (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.

448.987(2)(z) (z) “Telehealth” means the application of telecommunication technology to deliver occupational therapy services for assessment, intervention and/or consultation.