Chapter 448

448.987(5) (5) Obtaining a new home state license by virtue of compact privilege.

448.987(5)(a) (a) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time.

448.987(5)(b) (b) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between two member states:

448.987(5)(b)1. 1. The occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the commission.

448.987(5)(b)2. 2. Upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in sub. (4) via the data system, without need for primary source verification except for:

448.987(5)(b)2.a. a. An FBI fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with P.L. 92-544;

448.987(5)(b)2.b. b. Other criminal background check as required by the new home state; and

448.987(5)(b)2.c. c. Submission of any requisite jurisprudence requirements of the new home state.

448.987(5)(b)3. 3. The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission.

448.987(5)(b)4. 4. Notwithstanding any other provision of this compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in sub. (4), the new home state shall apply its requirements for issuing a new single-state license.

448.987(5)(b)5. 5. The occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new home state in order to be issued a new home state license.

448.987(5)(c) (c) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria shall apply for issuance of a single-state license in the new state.

448.987(5)(d) (d) Nothing in this compact shall interfere with a licensee’s ability to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee shall have only one home state license.

448.987(5)(e) (e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.

448.987(6) (6) Active duty military personnel or their spouses.

448.987(6)(a) (a) Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state or through the process described in sub. (5).

448.987(7) (7) Adverse actions.

448.987(7)(a) (a) A home state shall have exclusive power to impose adverse action against an occupational therapist’s or occupational therapy assistant’s license issued by the home state.

448.987(7)(b) (b) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:

448.987(7)(b)1. 1. Take adverse action against an occupational therapist’s or occupational therapy assistant’s compact privilege within that member state.

448.987(7)(b)2. 2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

448.987(7)(c) (c) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

448.987(7)(d) (d) The home state shall complete any pending investigations of an occupational therapist or occupational therapy assistant who changes primary state of residence during the course of the investigations. The home state, where the investigations were initiated, shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the OT compact commission data system. The occupational therapy compact commission data system administrator shall promptly notify the new home state of any adverse actions.

448.987(7)(e) (e) A member state, if otherwise permitted by state law, may recover from the affected occupational therapist or occupational therapy assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant.

448.987(7)(f) (f) A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.

448.987(7)(g) (g) Joint investigations.

448.987(7)(g)1. 1. In addition to the authority granted to a member state by its respective state occupational therapy laws and regulations or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

448.987(7)(g)2. 2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

448.987(7)(h) (h) If an adverse action is taken by the home state against an occupational therapist’s or occupational therapy assistant’s license, the occupational therapist’s or occupational therapy assistant’s compact privilege in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an occupational therapist’s or occupational therapy assistant’s license shall include a statement that the occupational therapist’s or occupational therapy assistant’s compact privilege is deactivated in all member states during the pendency of the order.

448.987(7)(i) (i) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.

448.987(7)(j) (j) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.

448.987(8) (8) Establishment of the occupational therapy compact commission.

448.987(8)(a) (a) The compact member states hereby create and establish a joint public agency known as the occupational therapy compact commission:

448.987(8)(a)1. 1. The commission is an instrumentality of the compact states.

448.987(8)(a)2. 2. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

448.987(8)(a)3. 3. Nothing in this compact shall be construed to be a waiver of sovereign immunity.

448.987(8)(b) (b) Membership, voting, and meetings.

448.987(8)(b)1. 1. Each member state shall have and be limited to one delegate selected by that member state’s licensing board.

448.987(8)(b)2. 2. The delegate shall be either:

448.987(8)(b)2.a. a. A current member of the licensing board, who is an occupational therapist, occupational therapy assistant, or public member; or

448.987(8)(b)2.b. b. An administrator of the licensing board.

448.987(8)(b)3. 3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

448.987(8)(b)4. 4. The member state board shall fill any vacancy occurring in the commission within 90 days.

448.987(8)(b)5. 5. Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.

448.987(8)(b)6. 6. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

448.987(8)(b)7. 7. The commission shall establish by rule a term of office for delegates.

448.987(8)(c) (c) The commission shall have the following powers and duties:

448.987(8)(c)1. 1. Establish a code of ethics for the commission;

448.987(8)(c)2. 2. Establish the fiscal year of the commission;

448.987(8)(c)3. 3. Establish bylaws;

448.987(8)(c)4. 4. Maintain its financial records in accordance with the bylaws;

448.987(8)(c)5. 5. Meet and take such actions as are consistent with the provisions of this compact and the bylaws;

448.987(8)(c)6. 6. Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states;

448.987(8)(c)7. 7. Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state occupational therapy licensing board to sue or be sued under applicable law shall not be affected;

448.987(8)(c)8. 8. Purchase and maintain insurance and bonds;

448.987(8)(c)9. 9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.

448.987(8)(c)10. 10. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

448.987(8)(c)11. 11. Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and receive, utilize and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety and/or conflict of interest;

448.987(8)(c)12. 12. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed; provided that at all times the commission shall avoid any appearance of impropriety;

448.987(8)(c)13. 13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

448.987(8)(c)14. 14. Establish a budget and make expenditures;

448.987(8)(c)15. 15. Borrow money;

448.987(8)(c)16. 16. Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;

448.987(8)(c)17. 17. Provide and receive information from, and cooperate with, law enforcement agencies;

448.987(8)(c)18. 18. Establish and elect an executive committee; and

448.987(8)(c)19. 19. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of occupational therapy licensure and practice.

448.987(8)(d) (d) The executive committee. The executive committee shall have the power to act on behalf of the commission according to the terms of this compact.

448.987(8)(d)1. 1. The executive committee shall be composed of 9 members:

448.987(8)(d)1.a. a. Seven voting members who are elected by the commission from the current membership of the commission;

448.987(8)(d)1.b. b. One ex-officio, nonvoting member from a recognized national occupational therapy professional association; and

448.987(8)(d)1.c. c. One ex-officio, nonvoting member from a recognized national occupational therapy certification organization;

448.987(8)(d)2. 2. The ex-officio members will be selected by their respective organizations.

448.987(8)(d)3. 3. The commission may remove any member of the executive committee as provided in bylaws.

448.987(8)(d)4. 4. The executive committee shall meet at least annually.

448.987(8)(d)5. 5. The executive committee shall have the following duties and responsibilities:

448.987(8)(d)5.a. a. Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege;

448.987(8)(d)5.b. b. Ensure compact administration services are appropriately provided, contractual or otherwise;

448.987(8)(d)5.c. c. Prepare and recommend the budget;

448.987(8)(d)5.d. d. Maintain financial records on behalf of the commission;

448.987(8)(d)5.e. e. Monitor compact compliance of member states and provide compliance reports to the commission;

448.987(8)(d)5.f. f. Establish additional committees as necessary; and

448.987(8)(d)5.g. g. Perform other duties as provided in rules or bylaws.

448.987(8)(e) (e)

448.987(8)(e)1. 1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in sub. (10).

448.987(8)(e)2. 2. The commission or the executive committee or other committees of the commission may convene in a closed, non-public meeting if the commission or executive committee or other committees of the commission must discuss:

448.987(8)(e)2.a. a. Non-compliance of a member state with its obligations under the compact;

448.987(8)(e)2.b. b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees, or other matters related to the commission’s internal personnel practices and procedures;

448.987(8)(e)2.c. c. Current, threatened, or reasonably anticipated litigation;

448.987(8)(e)2.d. d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;