June 25, 2021 - Introduced by Representatives VanderMeer, Moses,
Cabral-Guevara, Billings, Brandtjen, Dallman, Doyle, Knodl, Mursau,
Novak, Oldenburg, Pronschinske, Rozar, Spiros, Subeck, Tauchen,
Thiesfeldt, Wichgers, Shelton and Tusler, cosponsored by Senators
Ballweg, Cowles, Felzkowski, Marklein, Nass, L. Taylor and Pfaff.
Referred to Committee on Regulatory Licensing Reform.

AB410,1,9 1An Act to amend 49.45 (9r) (a) 7. c., 146.81 (1) (es), 146.997 (1) (d) 4., 146.997
2(1) (d) 5., 155.01 (7), 252.14 (1) (ar) 4p., 440.03 (9) (a) (intro.), 440.03 (9) (a) 2.,
3440.03 (13) (b) (intro.), 440.03 (13) (c), 440.15, 446.01 (1v) (h), 448.956 (1m),
4448.96 (4) and (6), 448.961, 448.968 (2) (intro.), 450.10 (3) (a) 5. and 451.02 (1);
5and to create 14.89, 440.03 (11m) (c) 2r., 448.96 (1n) and (1o) and subchapter
6XI of chapter 448 [precedes 448.987] of the statutes; relating to: ratification
7of the Occupational Therapy Licensure Compact, extending the time limit for
8emergency rule procedures, providing an exemption from emergency rule
9procedures, and granting rule-making authority.

This bill ratifies and enters Wisconsin into the Occupational Therapy Licensure
Compact (compact), which provides for the ability of an occupational therapist or
occupational therapy assistant licensed in one member state (licensee) to obtain a
“compact privilege” to practice in a remote state without obtaining a license in that
remote state. Significant provisions of the compact include:

1. The creation of a Occupational Therapy Compact Commission (commission),
which includes one member or representative of the licensure boards of each member

state. The compact grants various powers and duties to the commission, including
overseeing the administration of the compact, enforcing the compact, adopting
bylaws, promulgating binding rules for the compact, establishing an executive
committee, and employing officers and employees. The commission may levy on and
collect an annual assessment from each member state or impose fees on other parties
to cover the cost of the operations and activities of the commission and its staff.

2. A process whereby a licensee may obtain a compact privilege to practice in
another member state. A licensee's primary state of residence is considered to be his
or her home state, and any other member state in which the licensee seeks to practice
is considered a remote state. A licensee providing occupational therapy in a remote
state under a compact privilege is subject to that state's regulatory authority. A
remote state may take action against a licensee's compact privilege in the remote
state, and the licensee is then not eligible for a compact privilege in any state until
certain criteria are met. If a licensee's compact privilege in any remote state is
removed, the individual may lose his or her compact privilege in any remote state
until certain criteria are met. However, a home state has the exclusive power to
impose adverse action against a license issued by the home state. If a home state
license is encumbered (i.e., suspended), the licensee's compact privilege in any
remote state is deactivated until all encumbrances have been removed from the
home state license. Member states may charge a fee for granting a compact privilege
and may impose a jurisprudence requirement for granting a compact privilege that
assesses an individual's knowledge of the laws and rules governing the practice of
occupational therapy in a particular state.

3. The ability for member boards to conduct joint investigations of licensees and
the ability of member states to issue subpoenas that are enforceable in other states.

4. The creation of a coordinated database and reporting system containing
licensure, adverse action, and investigative information on all licensed individuals
in member states. A member state must submit a uniform data set to the data system
on all individuals to whom this compact is applicable as required by the rules of the
commission.