Bill Text: NY A07948 | 2023-2024 | General Assembly | Introduced
Bill Title: Adopts the Physical Therapy Licensure Compact (Part A); adopts the Interstate Occupational Therapy Compact (Part B); and adopts the Audiology and Speech-Language Pathology Interstate Compact (Part C).
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced) 2024-05-07 - held for consideration in higher education [A07948 Detail]
Download: New_York-2023-A07948-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7948 2023-2024 Regular Sessions IN ASSEMBLY August 4, 2023 ___________ Introduced by M. of A. MILLER -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to adopting the Physical Therapy Licensure Compact (Part A); to amend the education law, in relation to adopting the Interstate Occupational Therapy Compact (Part B); and to amend the education law, in relation to adopting the Audiology and Speech-Language Pathology Interstate Compact (Part C); The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law components of legislation enacting 2 the Physical Therapy Licensure Compact, the Interstate Occupational 3 Therapy Compact, and the Audiology and Speech-Language Pathology Inter- 4 state Compact. Each component is wholly contained within a Part identi- 5 fied as Parts A through C. The effective date for each particular 6 provision contained within such Part is set forth in the last section of 7 such Part. Any provision in any section contained within a Part, includ- 8 ing the effective date of the Part, which makes reference to a section 9 "of this act", when used in connection with that particular component, 10 shall be deemed to mean and refer to the corresponding section of the 11 Part in which it is found. Section three of this act sets forth the 12 general effective date of this act. 13 PART A 14 Section 1. The education law is amended by adding a new section 6744 15 to read as follows: 16 § 6744. Physical Therapy Licensure Compact. The physical therapy 17 licensure compact is hereby enacted into law and entered into with all 18 jurisdictions legally joining therein in the form substantially as 19 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11346-01-3A. 7948 2 1 PHYSICAL THERAPY LICENSURE COMPACT 2 SECTION 1. 3 PURPOSE 4 The purpose of this Compact is to facilitate interstate practice of 5 physical therapy with the goal of improving public access to physical 6 therapy services. The practice of physical therapy occurs in the state 7 where the patient/client is located at the time of the patient/client 8 encounter. The Compact preserves the regulatory authority of states to 9 protect public health and safety through the current system of state 10 licensure. 11 This Compact is designed to achieve the following objectives: 12 1. Increase public access to physical therapy services by providing 13 for the mutual recognition of other member state licenses; 14 2. Enhance the states' ability to protect the public's health and 15 safety; 16 3. Encourage the cooperation of member states in regulating multi- 17 state physical therapy practice; 18 4. Support spouses of relocating military members; 19 5. Enhance the exchange of licensure, investigative, and disciplinary 20 information between member states; and 21 6. Allow a remote state to hold a provider of services with a compact 22 privilege in that state accountable to that state's practice standards. 23 SECTION 2. 24 DEFINITIONS 25 As used in this Compact, and except as otherwise provided, the follow- 26 ing definitions shall apply: 27 1. "Active Duty Military" means full-time duty status in the active 28 uniformed service of the United States, including members of the 29 National Guard and Reserve on active duty orders pursuant to 10 U.S.C. 30 Section 1209 and 1211. 31 2. "Adverse Action" means disciplinary action taken by a physical 32 therapy licensing board based upon misconduct, unacceptable performance, 33 or a combination of both. 34 3. "Alternative Program" means a non-disciplinary monitoring or prac- 35 tice remediation process approved by a physical therapy licensing board. 36 This includes, but is not limited to, substance abuse issues. 37 4. "Compact privilege" means the authorization granted by a remote 38 state to allow a licensee from another member state to practice as a 39 physical therapist or work as a physical therapist assistant in the 40 remote state under its laws and rules. The practice of physical therapy 41 occurs in the member state where the patient/client is located at the 42 time of the patient/client encounter. 43 5. "Continuing competence" means a requirement, as a condition of 44 license renewal, to provide evidence of participation in, and/or 45 completion of, educational and professional activities relevant to prac- 46 tice or area of work. 47 6. "Data system" means a repository of information about licensees, 48 including examination, licensure, investigative, compact privilege, and 49 adverse action. 50 7. "Encumbered license" means a license that a physical therapy 51 licensing board has limited in any way.A. 7948 3 1 8. "Executive Board" means a group of directors elected or appointed 2 to act on behalf of, and within the powers granted to them by, the 3 Commission. 4 9. "Home state" means the member state that is the licensee's primary 5 state of residence. 6 10. "Investigative information" means information, records, and docu- 7 ments received or generated by a physical therapy licensing board pursu- 8 ant to an investigation. 9 11. "Jurisprudence Requirement" means the assessment of an individ- 10 ual's knowledge of the laws and rules governing the practice of physical 11 therapy in a state. 12 12. "Licensee" means an individual who currently holds an authori- 13 zation from the state to practice as a physical therapist or to work as 14 a physical therapist assistant. 15 13. "Member state" means a state that has enacted the Compact. 16 14. "Party state" means any member state in which a licensee holds a 17 current license or compact privilege or is applying for a license or 18 compact privilege. 19 15. "Physical therapist" means an individual who is licensed by a 20 state to practice physical therapy. 21 16. "Physical therapist assistant" means an individual who is 22 licensed/certified by a state and who assists the physical therapist in 23 selected components of physical therapy. 24 17. "Physical therapy," "physical therapy practice," and "the practice 25 of physical therapy" mean the care and services provided by or under the 26 direction and supervision of a licensed physical therapist. 27 18. "Physical Therapy Compact Commission" or "Commission" means the 28 national administrative body whose membership consists of all states 29 that have enacted the Compact. 30 19. "Physical therapy licensing board" or "licensing board" means the 31 agency of a state that is responsible for the licensing and regulation 32 of physical therapists and physical therapist assistants. 33 20. "Remote State" means a member state other than the home state, 34 where a licensee is exercising or seeking to exercise the compact privi- 35 lege. 36 21. "Rule" means a regulation, principle, or directive promulgated by 37 the Commission that has the force of law. 38 22. "State" means any state, commonwealth, district, or territory of 39 the United States of America that regulates the practice of physical 40 therapy. 41 SECTION 3. 42 STATE PARTICIPATION IN THE COMPACT 43 A. To participate in the Compact, a state must: 44 1. Participate fully in the Commission's data system, including using 45 the Commission's unique identifier as defined in rules; 46 2. Have a mechanism in place for receiving and investigating 47 complaints about licensees; 48 3. Notify the Commission, in compliance with the terms of the Compact 49 and rules, of any adverse action or the availability of investigative 50 information regarding a licensee; 51 4. Fully implement a criminal background check requirement, within a 52 time frame established by rule, by receiving the results of the Federal 53 Bureau of Investigation record search on criminal background checks andA. 7948 4 1 use the results in making licensure decisions in accordance with Section 2 3.B.; 3 5. Comply with the rules of the Commission; 4 6. Utilize a recognized national examination as a requirement for 5 licensure pursuant to the rules of the Commission; and 6 7. Have continuing competence requirements as a condition for license 7 renewal. 8 B. Upon adoption of this statute, the member state shall have the 9 authority to obtain biometric-based information from each physical ther- 10 apy licensure applicant and submit this information to the Federal 11 Bureau of Investigation for a criminal background check in accordance 12 with 28 U.S.C. § 534 and 42 U.S.C. § 14616. 13 C. A member state shall grant the compact privilege to a licensee 14 holding a valid unencumbered license in another member state in accord- 15 ance with the terms of the Compact and rules. 16 D. Member states may charge a fee for granting a compact privilege 17 SECTION 4. 18 COMPACT PRIVILEGE 19 A. To exercise the compact privilege under the terms and provisions of 20 the Compact, the licensee shall: 21 1. Hold a license in the home state; 22 2. Have no encumbrance on any state license; 23 3. Be eligible for a compact privilege in any member state in accord- 24 ance with Section 4D, G and H; 25 4. Have not had any adverse action against any license or compact 26 privilege within the previous 2 years; 27 5. Notify the Commission that the licensee is seeking the compact 28 privilege within a remote state(s); 29 6. Pay any applicable fees, including any state fee, for the compact 30 privilege; 31 7. Meet any jurisprudence requirements established by the remote 32 state(s) in which the licensee is seeking a compact privilege; and 33 8. Report to the Commission adverse action taken by any non-member 34 state within 30 days from the date the adverse action is taken. 35 B. The compact privilege is valid until the expiration date of the 36 home license. The licensee must comply with the requirements of Section 37 4.A. to maintain the compact privilege in the remote state. 38 C. A licensee providing physical therapy in a remote state under the 39 compact privilege shall function within the laws and regulations of the 40 remote state. 41 D. A licensee providing physical therapy in a remote state is subject 42 to that state's regulatory authority. A remote state may, in accordance 43 with due process and that state's laws, remove a licensee's compact 44 privilege in the remote state for a specific period of time, impose 45 fines, and/or take any other necessary actions to protect the health and 46 safety of its citizens. The licensee is not eligible for a compact 47 privilege in any state until the specific time for removal has passed 48 and all fines are paid. 49 E. If a home state license is encumbered, the licensee shall lose the 50 compact privilege in any remote state until the following occur: 51 1. The home state license is no longer encumbered; and 52 2. Two years have elapsed from the date of the adverse action.A. 7948 5 1 F. Once an encumbered license in the home state is restored to good 2 standing, the licensee must meet the requirements of Section 4A to 3 obtain a compact privilege in any remote state. 4 G. If a licensee's compact privilege in any remote state is removed, 5 the individual shall lose the compact privilege in any remote state 6 until the following occur: 7 1. The specific period of time for which the compact privilege was 8 removed has ended; 9 2. All fines have been paid; and 10 3. Two years have elapsed from the date of the adverse action. 11 H. Once the requirements of Section 4G have been met, the license must 12 meet the requirements in Section 4A to obtain a compact privilege in a 13 remote state. 14 SECTION 5. 15 ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 16 A licensee who is active duty military or is the spouse of an individ- 17 ual who is active duty military may designate one of the following as 18 the home state: 19 A. Home of record; 20 B. Permanent Change of Station (PCS); or 21 C. State of current residence if it is different than the PCS state or 22 home of record. 23 SECTION 6. 24 ADVERSE ACTIONS 25 A. A home state shall have exclusive power to impose adverse action 26 against a license issued by the home state. 27 B. A home state may take adverse action based on the investigative 28 information of a remote state, so long as the home state follows its own 29 procedures for imposing adverse action. 30 C. Nothing in this Compact shall override a member state's decision 31 that participation in an alternative program may be used in lieu of 32 adverse action and that such participation shall remain non-public if 33 required by the member state's laws. Member states must require licen- 34 sees who enter any alternative programs in lieu of discipline to agree 35 not to practice in any other member state during the term of the alter- 36 native program without prior authorization from such other member state. 37 D. Any member state may investigate actual or alleged violations of 38 the statutes and rules authorizing the practice of physical therapy in 39 any other member state in which a physical therapist or physical thera- 40 pist assistant holds a license or compact privilege. 41 E. A remote state shall have the authority to: 42 1. Take adverse actions as set forth in Section 4.D. against a 43 licensee's compact privilege in the state; 44 2. Issue subpoenas for both hearings and investigations that require 45 the attendance and testimony of witnesses, and the production of 46 evidence. Subpoenas issued by a physical therapy licensing board in a 47 party state for the attendance and testimony of witnesses, and/or the 48 production of evidence from another party state, shall be enforced in 49 the latter state by any court of competent jurisdiction, according to 50 the practice and procedure of that court applicable to subpoenas issued 51 in proceedings pending before it. The issuing authority shall pay any 52 witness fees, travel expenses, mileage, and other fees required by theA. 7948 6 1 service statutes of the state where the witnesses and/or evidence are 2 located; and 3 3. If otherwise permitted by state law, recover from the licensee the 4 costs of investigations and disposition of cases resulting from any 5 adverse action taken against that licensee. 6 F. Joint Investigations. 7 1. In addition to the authority granted to a member state by its 8 respective physical therapy practice act or other applicable state law, 9 a member state may participate with other member states in joint inves- 10 tigations of licensees. 11 2. Member states shall share any investigative, litigation, or compli- 12 ance materials in furtherance of any joint or individual investigation 13 initiated under the Compact. 14 SECTION 7. 15 ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION. 16 A. The Compact member states hereby create and establish a joint 17 public agency known as the Physical Therapy Compact Commission: 18 1. The Commission is an instrumentality of the Compact states. 19 2. Venue is proper and judicial proceedings by or against the Commis- 20 sion shall be brought solely and exclusively in a court of competent 21 jurisdiction where the principal office of the Commission is located. 22 The Commission may waive venue and jurisdictional defenses to the extent 23 it adopts or consents to participate in alternative dispute resolution 24 proceedings. 25 3. Nothing in this Compact shall be construed to be a waiver of sover- 26 eign immunity. 27 B. Membership, Voting, and Meetings. 28 1. Each member state shall have and be limited to one (1) delegate 29 selected by that member state's licensing board. 30 2. The delegate shall be a current member of the licensing board, who 31 is a physical therapist, physical therapist assistant, public member, or 32 the board administrator. 33 3. Any delegate may be removed or suspended from office as provided by 34 the law of the state from which the delegate is appointed. 35 4. The member state board shall fill any vacancy occurring in the 36 Commission. 37 5. Each delegate shall be entitled to one (1) vote with regard to the 38 promulgation of rules and creation of bylaws and shall otherwise have an 39 opportunity to participate in the business and affairs of the Commis- 40 sion. 41 6. A delegate shall vote in person or by such other means as provided 42 in the bylaws. The bylaws may provide for delegates' participation in 43 meetings by telephone or other means of communication. 44 7. The Commission shall meet at least once during each calendar year. 45 Additional meetings shall be held as set forth in the bylaws. 46 C. The Commission shall have the following powers and duties: 47 1. Establish the fiscal year of the Commission; 48 2. Establish bylaws; 49 3. Maintain its financial records in accordance with the bylaws; 50 4. Meet and take such actions as are consistent with the provisions of 51 this Compact and the bylaws; 52 5. Promulgate uniform rules to facilitate and coordinate implementa- 53 tion and administration of this Compact. The rules shall have the force 54 and effect of law and shall be binding in all member states;A. 7948 7 1 6. Bring and prosecute legal proceedings or actions in the name of the 2 Commission, provided that the standing of any state physical therapy 3 licensing board to sue or be sued under applicable law shall not be 4 affected; 5 7. Purchase and maintain insurance and bonds; 6 8. Borrow, accept, or contract for services of personnel, including, 7 but not limited to, employees of a member state; 8 9. Hire employees, elect or appoint officers, fix compensation, define 9 duties, grant such individuals appropriate authority to carry out the 10 purposes of the Compact, and to establish the Commission's personnel 11 policies and programs relating to conflicts of interest, qualifications 12 of personnel, and other related personnel matters; 13 10. Accept any and all appropriate donations and grants of money, 14 equipment, supplies, materials and services, and to receive, utilize and 15 dispose of the same; provided that at all times the Commission shall 16 avoid any appearance of impropriety and/or conflict of interest; 17 11. Lease, purchase, accept appropriate gifts or donations of, or 18 otherwise to own, hold, improve or use, any property, real, personal or 19 mixed; provided that at all times the Commission shall avoid any appear- 20 ance of impropriety; 21 12. Sell convey, mortgage, pledge, lease, exchange, abandon, or other- 22 wise dispose of any property real, personal, or mixed; 23 13. Establish a budget and make expenditures; 24 14. Borrow money; 25 15. Appoint committees, including standing committees composed of 26 members, state regulators, state legislators or their representatives, 27 and consumer representatives, and such other interested persons as may 28 be designated in this Compact and the bylaws; 29 16. Provide and receive information from, and cooperate with, law 30 enforcement agencies; 31 17. Establish and elect an Executive Board; and 32 18. Perform such other functions as may be necessary or appropriate to 33 achieve the purposes of this Compact consistent with the state regu- 34 lation of physical therapy licensure and practice. 35 D. The Executive Board. 36 The Executive Board shall have the power to act on behalf of the 37 Commission according to the terms of this Compact. 38 1. The Executive Board shall be composed of nine members: 39 a. Seven voting members who are elected by the Commission from the 40 current membership of the Commission; 41 b. One ex-officio, nonvoting member from the recognized national phys- 42 ical therapy professional association; and 43 c. One ex-officio, nonvoting member from the recognized membership 44 organization of the physical therapy licensing boards. 45 2. The ex-officio members will be selected by their respective organ- 46 izations. 47 3. The Commission may remove any member of the Executive Board as 48 provided in bylaws. 49 4. The Executive Board shall meet at least annually. 50 5. The Executive Board shall have the following duties and responsi- 51 bilities: 52 a. Recommend to the entire Commission changes to the rules or bylaws, 53 changes to this Compact legislation, fees paid by Compact member states 54 such as annual dues, and any commission Compact fee charged to licensees 55 for the compact privilege;A. 7948 8 1 b. Ensure Compact administration services are appropriately provided, 2 contractual or otherwise; 3 c. Prepare and recommend the budget; 4 d. Maintain financial records on behalf of the Commission; 5 e. Monitor Compact compliance of member states and provide compliance 6 reports to the Commission; 7 f. Establish additional committees as necessary; and 8 g. Other duties as provided in rules or bylaws. 9 E. Meetings of the Commission. 10 1. All meetings shall be open to the public, and public notice of 11 meetings shall be given in the same manner as required under the rule- 12 making provisions in Section 9. 13 2. The Commission or the Executive Board or other committees of the 14 Commission may convene in a closed, non-public meeting if the Commission 15 or Executive Board or other committees of the Commission must discuss: 16 a. Non-compliance of a member state with its obligations under the 17 Compact; 18 b. The employment, compensation, discipline or other matters, prac- 19 tices or procedures related to specific employees or other matters 20 related to the Commission's internal personnel practices and procedures; 21 c. Current, threatened, or reasonably anticipated litigation; 22 d. Negotiation of contracts for the purchase, lease, or sale of goods, 23 services, or real estate; 24 e. Accusing any person of a crime or formally censuring any person; 25 f. Disclosure of trade secrets or commercial or financial information 26 that is privileged or confidential; 27 g. Disclosure of information of a personal nature where disclosure 28 would constitute a clearly unwarranted invasion of personal privacy; 29 h. Disclosure of investigative records compiled for law enforcement 30 purposes; 31 i. Disclosure of information related to any investigative reports 32 prepared by or on behalf of or for use of the Commission or other 33 committee charged with responsibility of investigation or determination 34 of compliance issues pursuant to the Compact; or 35 j. Matters specifically exempted from disclosure by federal or member 36 state statute. 37 3. If a meeting, or portion of a meeting, is closed pursuant to this 38 provision, the Commission's legal counsel or designee shall certify that 39 the meeting may be closed and shall reference each relevant exempting 40 provision. 41 4. The Commission shall keep minutes that fully and clearly describe 42 all matters discussed in a meeting and shall provide a full and accurate 43 summary of actions taken, and the reasons therefore, including a 44 description of the views expressed. All documents considered in 45 connection with an action shall be identified in such minutes. All 46 minutes and documents of a closed meeting shall remain under seal, 47 subject to release by a majority vote of the Commission or order of a 48 court of competent jurisdiction. 49 F. Financing of the Commission. 50 1. The Commission shall pay, or provide for the payment of, the 51 reasonable expenses of its establishment, organization, and ongoing 52 activities. 53 2. The Commission may accept any and all appropriate revenue sources, 54 donations, and grants of money, equipment, supplies, materials, and 55 services.A. 7948 9 1 3. The Commission may levy on and collect an annual assessment from 2 each member state or impose fees on other parties to cover the cost of 3 the operations and activities of the Commission and its staff, which 4 must be in a total amount sufficient to cover its annual budget as 5 approved each year for which revenue is not provided by other sources. 6 The aggregate annual assessment amount shall be allocated based upon a 7 formula to be determined by the Commission, which shall promulgate a 8 rule binding upon all member states. 9 4. The Commission shall not incur obligations of any kind prior to 10 securing the funds adequate to meet the same; nor shall the Commission 11 pledge the credit of any of the member states, except by and with the 12 authority of the member state. 13 5. The Commission shall keep accurate accounts of all receipts and 14 disbursements. The receipts and disbursements of the Commission shall 15 be subject to the audit and accounting procedures established under its 16 bylaws. However, all receipts and disbursements of funds handled by the 17 Commission shall be audited yearly by a certified or licensed public 18 accountant, and the report of the audit shall be included in and become 19 part of the annual report of the Commission. 20 G. Qualified Immunity, Defense, and Indemnification. 21 1. The members, officers, executive director, employees and represen- 22 tatives of the Commission shall be immune from suit and liability, 23 either personally or in their official capacity, for any claim for 24 damage to or loss of property or personal injury or other civil liabil- 25 ity caused by or arising out of any actual or alleged act, error or 26 omission that occurred, or that the person against whom the claim is 27 made had a reasonable basis for believing occurred within the scope of 28 Commission employment, duties or responsibilities; provided that nothing 29 in this paragraph shall be construed to protect any such person from 30 suit and/or liability for any damage, loss, injury, or liability caused 31 by the intentional or willful or wanton misconduct of that person. 32 2. The Commission shall defend any member, officer, executive direc- 33 tor, employee or representative of the Commission in any civil action 34 seeking to impose liability arising out of any actual or alleged act, 35 error, or omission that occurred within the scope of Commission employ- 36 ment, duties, or responsibilities, or that the person against whom the 37 claim is made had a reasonable basis for believing occurred within the 38 scope of Commission employment, duties, or responsibilities; provided 39 that nothing herein shall be construed to prohibit that person from 40 retaining his or her own counsel; and provided further, that the actual 41 or alleged act, error, or omission did not result from that person's 42 intentional or willful or wanton misconduct. 43 3. The Commission shall indemnify and hold harmless any member, offi- 44 cer, executive director, employee, or representative of the Commission 45 for the amount of any settlement or judgment obtained against that 46 person arising out of any actual or alleged act, error or omission that 47 occurred within the scope of Commission employment, duties, or responsi- 48 bilities, or that such person had a reasonable basis for believing 49 occurred within the scope of Commission employment, duties, or responsi- 50 bilities, provided that the actual or alleged act, error, or omission 51 did not result from the intentional or willful or wanton misconduct of 52 that person. 53 SECTION 8. 54 DATA SYSTEMA. 7948 10 1 A. The Commission shall provide for the development, maintenance, and 2 utilization of a coordinated database and reporting system containing 3 licensure, adverse action, and investigative information on all licensed 4 individuals in member states. 5 B. Notwithstanding any other provision of state law to the contrary, a 6 member state shall submit a uniform data set to the data system on all 7 individuals to whom this Compact is applicable as required by the rules 8 of the Commission, including: 9 1. Identifying information; 10 2. Licensure data; 11 3. Adverse actions against a license or compact privilege; 12 4. Non-confidential information related to alternative program partic- 13 ipation; 14 5. Any denial of application for licensure, and the reason(s) for such 15 denial; and 16 6. Other information that may facilitate the administration of this 17 Compact, as determined by the rules of the Commission. 18 C. Investigative information pertaining to a licensee in any member 19 state will only be available to other party states. 20 D. The Commission shall promptly notify all member states of any 21 adverse action taken against a licensee or an individual applying for a 22 license. Adverse action information pertaining to a licensee in any 23 member state will be available to any other member state. 24 E. Member states contributing information to the data system may 25 designate information that may not be shared with the public without the 26 express permission of the contributing state. 27 F. Any information submitted to the data system that is subsequently 28 required to be expunged by the laws of the member state contributing the 29 information shall be removed from the data system. 30 SECTION 9. 31 RULEMAKING 32 A. The Commission shall exercise its rulemaking powers pursuant to the 33 criteria set forth in this Section and the rules adopted thereunder. 34 Rules and amendments shall become binding as of the date specified in 35 each rule or amendment. 36 B. If a majority of the legislatures of the member states rejects a 37 rule, by enactment of a statute or resolution in the same manner used to 38 adopt the Compact within 4 years of the date of adoption of the rule, 39 then such rule shall have no further force and effect in any member 40 state. 41 C. Rules or amendments to the rules shall be adopted at a regular or 42 special meeting of the Commission. 43 D. Prior to promulgation and adoption of a final rule or rules by the 44 Commission, and at least thirty (30) days in advance of the meeting at 45 which the rule will be considered and voted upon, the Commission shall 46 file a Notice of Proposed Rulemaking: 47 1. On the website of the Commission or other publicly accessible plat- 48 form; and 49 2. On the website of each member state physical therapy licensing 50 board or other publicly accessible platform or the publication in which 51 each state would otherwise publish proposed rules. 52 E. The Notice of Proposed Rulemaking shall include: 53 1. The proposed time, date, and location of the meeting in which the 54 rule will be considered and voted upon;A. 7948 11 1 2. The text of the proposed rule or amendment and the reason for the 2 proposed rule; 3 3. A request for comments on the proposed rule from any interested 4 person; and 5 4. The manner in which interested persons may submit notice to the 6 Commission of their intention to attend the public hearing and any writ- 7 ten comments. 8 F. Prior to adoption of a proposed rule, the Commission shall allow 9 persons to submit written data, facts, opinions, and arguments, which 10 shall be made available to the public. 11 G. The Commission shall grant an opportunity for a public hearing 12 before it adopts a rule or amendment if a hearing is requested by: 13 1. At least twenty-five (25) persons; 14 2. A state or federal governmental subdivision or agency; or 15 3. An association having at least twenty-five (25) members. 16 H. If a hearing is held on the proposed rule or amendment, the Commis- 17 sion shall publish the place, time, and date of the scheduled public 18 hearing. If the hearing is held via electronic means, the Commission 19 shall publish the mechanism for access to the electronic hearing. 20 1. All persons wishing to be heard at the hearing shall notify the 21 executive director of the Commission or other designated member in writ- 22 ing of their desire to appear and testify at the hearing not less than 23 five (5) business days before the scheduled date of the hearing. 24 2. Hearings shall be conducted in a manner providing each person who 25 wishes to comment a fair and reasonable opportunity to comment orally or 26 in writing. 27 3. All hearings will be recorded. A copy of the recording will be made 28 available on request. 29 4. Nothing in this section shall be construed as requiring a separate 30 hearing on each rule. Rules may be grouped for the convenience of the 31 Commission at hearings required by this section. 32 I. Following the scheduled hearing date, or by the close of business 33 on the scheduled hearing date if the hearing was not held, the Commis- 34 sion shall consider all written and oral comments received. 35 J. If no written notice of intent to attend the public hearing by 36 interested parties is received, the Commission may proceed with promul- 37 gation of the proposed rule without a public hearing. 38 K. The Commission shall, by majority vote of all members, take final 39 action on the proposed rule and shall determine the effective date of 40 the rule, if any, based on the rulemaking record and the full text of 41 the rule. 42 L. Upon determination that an emergency exists, the Commission may 43 consider and adopt an emergency rule without prior notice, opportunity 44 for comment, or hearing, provided that the usual rulemaking procedures 45 provided in the Compact and in this section shall be retroactively 46 applied to the rule as soon as reasonably possible, in no event later 47 than ninety (90) days after the effective date of the rule. For the 48 purposes of this provision, an emergency rule is one that must be 49 adopted immediately in order to: 50 1. Meet an imminent threat to public health, safety, or welfare; 51 2. Prevent a loss of Commission or member state funds; 52 3. Meet a deadline for the promulgation of an administrative rule that 53 is established by federal law or rule; or 54 4. Protect public health and safety. 55 M. The Commission or an authorized committee of the Commission may 56 direct revisions to a previously adopted rule or amendment for purposesA. 7948 12 1 of correcting typographical errors, errors in format, errors in consist- 2 ency, or grammatical errors. Public notice of any revisions shall be 3 posted on the website of the Commission. The revision shall be subject 4 to challenge by any person for a period of thirty (30) days after post- 5 ing. The revision may be challenged only on grounds that the revision 6 results in a material change to a rule. A challenge shall be made in 7 writing, and delivered to the chair of the Commission prior to the end 8 of the notice period. If no challenge is made, the revision will take 9 effect without further action. If the revision is challenged, the 10 revision may not take effect without the approval of the Commission. 11 SECTION 10. 12 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 13 A. Oversight. 14 1. The executive, legislative, and judicial branches of state govern- 15 ment in each member state shall enforce this Compact and take all 16 actions necessary and appropriate to effectuate the Compact's purposes 17 and intent. The provisions of this Compact and the rules promulgated 18 hereunder shall have standing as statutory law. 19 2. All courts shall take judicial notice of the Compact and the rules 20 in any judicial or administrative proceeding in a member state pertain- 21 ing to the subject matter of this Compact which may affect the powers, 22 responsibilities or actions of the Commission. 23 3. The Commission shall be entitled to receive service of process in 24 any such proceeding, and shall have standing to intervene in such a 25 proceeding for all purposes. Failure to provide service of process to 26 the Commission shall render a judgment or order void as to the Commis- 27 sion, this Compact, or promulgated rules. 28 B. Default, Technical Assistance, and Termination. 29 1. If the Commission determines that a member state has defaulted in 30 the performance of its obligations or responsibilities under this 31 Compact or the promulgated rules, the Commission shall: 32 a. Provide written notice to the defaulting state and other member 33 states of the nature of the default, the proposed means of curing the 34 default and/or any other action to be taken by the Commission; and 35 b. Provide remedial training and specific technical assistance regard- 36 ing the default. 37 2. If a state in default fails to cure the default, the defaulting 38 state may be terminated from the Compact upon an affirmative vote of a 39 majority of the member states, and all rights, privileges and benefits 40 conferred by this Compact may be terminated on the effective date of 41 termination. A cure of the default does not relieve the offending state 42 of obligations or liabilities incurred during the period of default. 43 3. Termination of membership in the Compact shall be imposed only 44 after all other means of securing compliance have been exhausted. Notice 45 of intent to suspend or terminate shall be given by the Commission to 46 the governor, the majority and minority leaders of the defaulting 47 state's legislature, and each of the member states. 48 4. A state that has been terminated is responsible for all assess- 49 ments, obligations, and liabilities incurred through the effective date 50 of termination, including obligations that extend beyond the effective 51 date of termination. 52 5. The Commission shall not bear any costs related to a state that is 53 found to be in default or that has been terminated from the Compact,A. 7948 13 1 unless agreed upon in writing between the Commission and the defaulting 2 state. 3 6. The defaulting state may appeal the action of the Commission by 4 petitioning the U.S. District Court for the District of Columbia or the 5 federal district where the Commission has its principal offices. The 6 prevailing member shall be awarded all costs of such litigation, includ- 7 ing reasonable attorney's fees. 8 C. Dispute Resolution. 9 1. Upon request by a member state, the Commission shall attempt to 10 resolve disputes related to the Compact that arise among member states 11 and between member and non-member states. 12 2. The Commission shall promulgate a rule providing for both mediation 13 and binding dispute resolution for disputes as appropriate. 14 D. Enforcement. 15 1. The Commission, in the reasonable exercise of its discretion, shall 16 enforce the provisions and rules of this Compact. 17 2. By majority vote, the Commission may initiate legal action in the 18 United States District Court for the District of Columbia or the federal 19 district where the Commission has its principal offices against a member 20 state in default to enforce compliance with the provisions of the 21 Compact and its promulgated rules and bylaws. The relief sought may 22 include both injunctive relief and damages. In the event judicial 23 enforcement is necessary, the prevailing member shall be awarded all 24 costs of such litigation, including reasonable attorney's fees. 25 3. The remedies herein shall not be the exclusive remedies of the 26 Commission. The Commission may pursue any other remedies available under 27 federal or state law. 28 SECTION 11. 29 DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL 30 THERAPY 31 PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT 32 A. The Compact shall come into effect on the date on which the Compact 33 statute is enacted into law in the tenth member state. The provisions, 34 which become effective at that time, shall be limited to the powers 35 granted to the Commission relating to assembly and the promulgation of 36 rules. Thereafter, the Commission shall meet and exercise rulemaking 37 powers necessary to the implementation and administration of the 38 Compact. 39 B. Any state that joins the Compact subsequent to the Commission's 40 initial adoption of the rules shall be subject to the rules as they 41 exist on the date on which the Compact becomes law in that state. Any 42 rule that has been previously adopted by the Commission shall have the 43 full force and effect of law on the day the Compact becomes law in that 44 state. 45 C. Any member state may withdraw from this Compact by enacting a stat- 46 ute repealing the same. 47 1. A member state's withdrawal shall not take effect until six (6) 48 months after enactment of the repealing statute. 49 2. Withdrawal shall not affect the continuing requirement of the with- 50 drawing state's physical therapy licensing board to comply with the 51 investigative and adverse action reporting requirements of this act 52 prior to the effective date of withdrawal. 53 D. Nothing contained in this Compact shall be construed to invalidate 54 or prevent any physical therapy licensure agreement or other cooperativeA. 7948 14 1 arrangement between a member state and a non-member state that does not 2 conflict with the provisions of this Compact. 3 E. This Compact may be amended by the member states. No amendment to 4 this Compact shall become effective and binding upon any member state 5 until it is enacted into the laws of all member states. 6 SECTION 12. 7 CONSTRUCTION AND SEVERABILITY 8 This Compact shall be liberally construed so as to effectuate the 9 purposes thereof. The provisions of this Compact shall be severable and 10 if any phrase, clause, sentence or provision of this Compact is declared 11 to be contrary to the constitution of any party state or of the United 12 States or the applicability thereof to any government, agency, person or 13 circumstance is held invalid, the validity of the remainder of this 14 Compact and the applicability thereof to any government, agency, person 15 or circumstance shall not be affected thereby. If this Compact shall be 16 held contrary to the constitution of any party state, the Compact shall 17 remain in full force and effect as to the remaining party states and in 18 full force and effect as to the party state affected as to all severable 19 matters. 20 § 2. This act shall take effect on the ninetieth day after it shall 21 have become a law. Effective immediately, the addition, amendment 22 and/or repeal of any rule or regulation necessary for the implementation 23 of this act on its effective date are authorized to be made and 24 completed on or before such effective date. 25 PART B 26 Section 1. The education law is amended by adding a new section 7909 27 to read as follows: 28 § 7909. Interstate Occupational Therapy Compact . The interstate occu- 29 pational therapy compact is hereby enacted into law and entered into 30 with all jurisdictions legally joining therein in the form substantially 31 as follows: 32 INTERSTATE OCCUPATIONAL THERAPY COMPACT 33 SECTION 1. 34 PURPOSE 35 The purpose of this Compact is to facilitate interstate practice of 36 Occupational Therapy with the goal of improving public access to Occupa- 37 tional Therapy services. The Practice of Occupational Therapy occurs in 38 the State where the patient/client is located at the time of the 39 patient/client encounter. The Compact preserves the regulatory authority 40 of States to protect public health and safety through the current system 41 of State licensure. 42 This Compact is designed to achieve the following objectives: 43 A. Increase public access to Occupational Therapy services by provid- 44 ing for the mutual recognition of other Member State licenses; 45 B. Enhance the States' ability to protect the public's health and 46 safety; 47 C. Encourage the cooperation of Member States in regulating multi- 48 State Occupational Therapy Practice; 49 D. Support spouses of relocating military members;A. 7948 15 1 E. Enhance the exchange of licensure, investigative, and disciplinary 2 information between Member States; 3 F. Allow a Remote State to hold a provider of services with a Compact 4 Privilege in that State accountable to that State's practice standards; 5 and 6 G. Facilitate the use of Telehealth technology in order to increase 7 access to Occupational Therapy services. 8 SECTION 2. 9 DEFINITIONS 10 As used in this Compact, and except as otherwise provided, the follow- 11 ing definitions shall apply: 12 A. "Active Duty Military" means full-time duty status in the active 13 uniformed service of the United States, including members of the 14 National Guard and Reserve on active duty orders pursuant to 10 U.S.C. 15 Chapter 1209 and Section 1211. 16 B. "Adverse Action" means any administrative, civil, equitable, or 17 criminal action permitted by a State's laws which is imposed by a 18 Licensing Board or other authority against an Occupational Therapist or 19 Occupational Therapy Assistant, including actions against an individ- 20 ual's license or Compact Privilege such as censure, revocation, suspen- 21 sion, probation, monitoring of the Licensee, or restriction on the 22 Licensee's practice. 23 C. "Alternative Program" means a non-disciplinary monitoring process 24 approved by an Occupational Therapy Licensing Board. 25 D. "Compact Privilege" means the authorization, which is equivalent to 26 a license, granted by a Remote State to allow a Licensee from another 27 Member State to practice as an Occupational Therapist or practice as an 28 Occupational Therapy Assistant in the Remote State under its laws and 29 rules. The Practice of Occupational Therapy occurs in the Member State 30 where the patient/client is located at the time of the patient/client 31 encounter. 32 E. "Continuing Competence/Education" means a requirement, as a condi- 33 tion of license renewal, to provide evidence of participation in, and/or 34 completion of, educational and professional activities relevant to prac- 35 tice or area of work. 36 F. "Current Significant Investigative Information" means Investigative 37 Information that a Licensing Board, after an inquiry or investigation 38 that includes notification and an opportunity for the Occupational Ther- 39 apist or Occupational Therapy Assistant to respond, if required by State 40 law, has reason to believe is not groundless and, if proved true, would 41 indicate more than a minor infraction. 42 G. "Data System" means a repository of information about Licensees, 43 including but not limited to license status, Investigative Information, 44 Compact Privileges, and Adverse Actions. 45 H. "Encumbered License" means a license in which an Adverse Action 46 restricts the Practice of Occupational Therapy by the Licensee or said 47 Adverse Action has been reported to the National Practitioners Data Bank 48 (NPDB). 49 I. "Executive Committee" means a group of directors elected or 50 appointed to act on behalf of, and within the powers granted to them by, 51 the Commission. 52 J. "Home State" means the Member State that is the Licensee's Primary 53 State of Residence.A. 7948 16 1 K. "Impaired Practitioner" means individuals whose professional prac- 2 tice is adversely affected by substance abuse, addiction, or other 3 health-related conditions. 4 L. "Investigative Information" means information, records, and/or 5 documents received or generated by an Occupational Therapy Licensing 6 Board pursuant to an investigation. 7 M. "Jurisprudence Requirement" means the assessment of an individual's 8 knowledge of the laws and rules governing the Practice of Occupational 9 Therapy in a State. 10 N. "Licensee" means an individual who currently holds an authorization 11 from the State to practice as an Occupational Therapist or as an Occupa- 12 tional Therapy Assistant. 13 O. "Member State" means a State that has enacted the Compact. 14 P. "Occupational Therapist" means an individual who is licensed by a 15 State to practice Occupational Therapy. 16 Q. "Occupational Therapy Assistant" means an individual who is 17 licensed by a State to assist in the Practice of Occupational Therapy. 18 R. "Occupational Therapy," "Occupational Therapy Practice," and the 19 "Practice of Occupational Therapy" mean the care and services provided 20 by an Occupational Therapist or an Occupational Therapy Assistant as set 21 forth in the Member State's statutes and regulations. 22 S. "Occupational Therapy Compact Commission" or "Commission" means the 23 national administrative body whose membership consists of all States 24 that have enacted the Compact. 25 T. "Occupational Therapy Licensing Board" or "Licensing Board" means 26 the agency of a State that is authorized to license and regulate Occupa- 27 tional Therapists and Occupational Therapy Assistants. 28 U. "Primary State of Residence" means the state (also known as the 29 Home State) in which an Occupational Therapist or Occupational Therapy 30 Assistant who is not Active Duty Military declares a primary residence 31 for legal purposes as verified by: driver's license, federal income tax 32 return, lease, deed, mortgage or voter registration or other verifying 33 documentation as further defined by Commission Rules. 34 V. "Remote State" means a Member State other than the Home State, 35 where a Licensee is exercising or seeking to exercise the Compact Privi- 36 lege. 37 W. "Rule" means a regulation promulgated by the Commission that has 38 the force of law. 39 X. "State" means any state, commonwealth, district, or territory of 40 the United States of America that regulates the Practice of Occupational 41 Therapy. 42 Y. "Single-State License" means an Occupational Therapist or Occupa- 43 tional Therapy Assistant license issued by a Member State that author- 44 izes practice only within the issuing State and does not include a 45 Compact Privilege in any other Member State. 46 Z. "Telehealth" means the application of telecommunication technology 47 to deliver Occupational Therapy services for assessment, intervention 48 and/or consultation. 49 SECTION 3. 50 STATE PARTICIPATION IN THE COMPACT 51 A. To participate in the Compact, a Member State shall: 52 1. License Occupational Therapists and Occupational Therapy Assist- 53 ants;A. 7948 17 1 2. Participate fully in the Commission's Data System, including but 2 not limited to using the Commission's unique identifier as defined in 3 Rules of the Commission; 4 3. Have a mechanism in place for receiving and investigating 5 complaints about Licensees; 6 4. Notify the Commission, in compliance with the terms of the Compact 7 and Rules, of any Adverse Action or the availability of Investigative 8 Information regarding a Licensee; 9 5. Implement or utilize procedures for considering the criminal histo- 10 ry records of applicants for an initial Compact Privilege. These proce- 11 dures shall include the submission of fingerprints or other biometric- 12 based information by applicants for the purpose of obtaining an 13 applicant's criminal history record information from the Federal Bureau 14 of Investigation and the agency responsible for retaining that State's 15 criminal records; 16 a. A Member State shall, within a time frame established by the 17 Commission, require a criminal background check for a Licensee 18 seeking/applying for a Compact Privilege whose Primary State of Resi- 19 dence is that Member State, by receiving the results of the Federal 20 Bureau of Investigation criminal record search, and shall use the 21 results in making licensure decisions. 22 b. Communication between a Member State, the Commission and among 23 Member States regarding the verification of eligibility for licensure 24 through the Compact shall not include any information received from the 25 Federal Bureau of Investigation relating to a federal criminal records 26 check performed by a Member State under Public Law 92-544. 27 6. Comply with the Rules of the Commission; 28 7. Utilize only a recognized national examination as a requirement for 29 licensure pursuant to the Rules of the Commission; and 30 8. Have Continuing Competence/Education requirements as a condition 31 for license renewal. 32 B. A Member State shall grant the Compact Privilege to a Licensee 33 holding a valid unencumbered license in another Member State in accord- 34 ance with the terms of the Compact and Rules. 35 C. Member States may charge a fee for granting a Compact Privilege. 36 D. A Member State shall provide for the State's delegate to attend all 37 Occupational Therapy Compact Commission meetings. 38 E. Individuals not residing in a Member State shall continue to be 39 able to apply for a Member State's Single-State License as provided 40 under the laws of each Member State. However, the Single-State License 41 granted to these individuals shall not be recognized as granting the 42 Compact Privilege in any other Member State. 43 F. Nothing in this Compact shall affect the requirements established 44 by a Member State for the issuance of a Single-State License. 45 SECTION 4. 46 COMPACT PRIVILEGE 47 A. To exercise the Compact Privilege under the terms and provisions of 48 the Compact, the Licensee shall: 49 1. Hold a license in the Home State; 50 2. Have a valid United States Social Security Number or National Prac- 51 titioner Identification number; 52 3. Have no encumbrance on any State license; 53 4. Be eligible for a Compact Privilege in any Member State in accord- 54 ance with Section 4D, F, G, and H;A. 7948 18 1 5. Have paid all fines and completed all requirements resulting from 2 any Adverse Action against any license or Compact Privilege, and two 3 years have elapsed from the date of such completion; 4 6. Notify the Commission that the Licensee is seeking the Compact 5 Privilege within a Remote State(s); 6 7. Pay any applicable fees, including any State fee, for the Compact 7 Privilege; 8 8. Complete a criminal background check in accordance with 9 Section 3A(5); 10 a. The Licensee shall be responsible for the payment of any fee asso- 11 ciated with the completion of a criminal background check. 12 9. Meet any Jurisprudence Requirements established by the Remote 13 State(s) in which the Licensee is seeking a Compact Privilege; and 14 10. Report to the Commission Adverse Action taken by any non-Member 15 State within 30 days from the date the Adverse Action is taken. 16 B. The Compact Privilege is valid until the expiration date of the 17 Home State license. The Licensee must comply with the requirements of 18 Section 4A to maintain the Compact Privilege in the Remote State. 19 C. A Licensee providing Occupational Therapy in a Remote State under 20 the Compact Privilege shall function within the laws and regulations of 21 the Remote State. 22 D. Occupational Therapy Assistants practicing in a Remote State shall 23 be supervised by an Occupational Therapist licensed or holding a Compact 24 Privilege in that Remote State. 25 E. A Licensee providing Occupational Therapy in a Remote State is 26 subject to that State's regulatory authority. A Remote State may, in 27 accordance with due process and that State's laws, remove a Licensee's 28 Compact Privilege in the Remote State for a specific period of time, 29 impose fines, and/or take any other necessary actions to protect the 30 health and safety of its citizens. The Licensee may be ineligible for a 31 Compact Privilege in any State until the specific time for removal has 32 passed and all fines are paid. 33 F. If a Home State license is encumbered, the Licensee shall lose the 34 Compact Privilege in any Remote State until the following occur: 35 1. The Home State license is no longer encumbered; and 36 2. Two years have elapsed from the date on which the Home State 37 license is no longer encumbered in accordance with Section 4(F)(1). 38 G. Once an Encumbered License in the Home State is restored to good 39 standing, the Licensee must meet the requirements of Section 4A to 40 obtain a Compact Privilege in any Remote State. 41 H. If a Licensee's Compact Privilege in any Remote State is removed, 42 the individual may lose the Compact Privilege in any other Remote State 43 until the following occur: 44 1. The specific period of time for which the Compact Privilege was 45 removed has ended; 46 2. All fines have been paid and all conditions have been met; 47 3. Two years have elapsed from the date of completing requirements for 48 4(H)(1) and (2); and 49 4. The Compact Privileges are reinstated by the Commission, and the 50 compact Data System is updated to reflect reinstatement. 51 I. If a Licensee's Compact Privilege in any Remote State is removed 52 due to an erroneous charge, privileges shall be restored through the 53 compact Data System. 54 J. Once the requirements of Section 4H have been met, the license must 55 meet the requirements in Section 4A to obtain a Compact Privilege in a 56 Remote State.A. 7948 19 1 SECTION 5. 2 OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF COMPACT PRIVILEGE 3 A. An Occupational Therapist or Occupational Therapy Assistant may 4 hold a Home State license, which allows for Compact Privileges in Member 5 States, in only one Member State at a time. 6 B. If an Occupational Therapist or Occupational Therapy Assistant 7 changes Primary State of Residence by moving between two Member States: 8 1. The Occupational Therapist or Occupational Therapy Assistant shall 9 file an application for obtaining a new Home State license by virtue of 10 a Compact Privilege, pay all applicable fees, and notify the current and 11 new Home State in accordance with applicable Rules adopted by the 12 Commission. 13 2. Upon receipt of an application for obtaining a new Home State 14 license by virtue of compact privilege, the new Home State shall verify 15 that the Occupational Therapist or Occupational Therapy Assistant meets 16 the pertinent criteria outlined in Section 4 via the Data System, with- 17 out need for primary source verification except for: 18 a. an FBI fingerprint based criminal background check if not previous- 19 ly performed or updated pursuant to applicable Rules adopted by the 20 Commission in accordance with Public Law 92-544; 21 b. other criminal background check as required by the new Home State; 22 and 23 c. submission of any requisite Jurisprudence Requirements of the new 24 Home State. 25 3. The former Home State shall convert the former Home State license 26 into a Compact Privilege once the new Home State has activated the new 27 Home State license in accordance with applicable Rules adopted by the 28 Commission. 29 4. Notwithstanding any other provision of this Compact, if the Occupa- 30 tional Therapist or Occupational Therapy Assistant cannot meet the 31 criteria in Section 4, the new Home State shall apply its requirements 32 for issuing a new Single-State License. 33 5. The Occupational Therapist or the Occupational Therapy Assistant 34 shall pay all applicable fees to the new Home State in order to be 35 issued a new Home State license. 36 C. If an Occupational Therapist or Occupational Therapy Assistant 37 changes Primary State of Residence by moving from a Member State to a 38 non-Member State, or from a non-Member State to a Member State, the 39 State criteria shall apply for issuance of a Single-State License in the 40 new State. 41 D. Nothing in this compact shall interfere with a Licensee's ability 42 to hold a Single-State License in multiple States; however, for the 43 purposes of this compact, a Licensee shall have only one Home State 44 license. 45 E. Nothing in this Compact shall affect the requirements established 46 by a Member State for the issuance of a Single-State License. 47 SECTION 6. 48 ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 49 Active Duty Military personnel, or their spouses, shall designate a 50 Home State where the individual has a current license in good standing. 51 The individual may retain the Home State designation during the period 52 the service member is on active duty. Subsequent to designating a Home 53 State, the individual shall only change their Home State through appli-A. 7948 20 1 cation for licensure in the new State or through the process described 2 in Section 5. 3 SECTION 7. 4 ADVERSE ACTIONS 5 A. A Home State shall have exclusive power to impose Adverse Action 6 against an Occupational Therapist's or Occupational Therapy Assistant's 7 license issued by the Home State. 8 B. In addition to the other powers conferred by State law, a Remote 9 State shall have the authority, in accordance with existing State due 10 process law, to: 11 1. Take Adverse Action against an Occupational Therapist's or Occupa- 12 tional Therapy Assistant's Compact Privilege within that Member State. 13 2. Issue subpoenas for both hearings and investigations that require 14 the attendance and testimony of witnesses as well as the production of 15 evidence. Subpoenas issued by a Licensing Board in a Member State for 16 the attendance and testimony of witnesses or the production of evidence 17 from another Member State shall be enforced in the latter State by any 18 court of competent jurisdiction, according to the practice and procedure 19 of that court applicable to subpoenas issued in proceedings pending 20 before it. The issuing authority shall pay any witness fees, travel 21 expenses, mileage and other fees required by the service statutes of the 22 State in which the witnesses or evidence are located. 23 C. For purposes of taking Adverse Action, the Home State shall give 24 the same priority and effect to reported conduct received from a Member 25 State as it would if the conduct had occurred within the Home State. In 26 so doing, the Home State shall apply its own State laws to determine 27 appropriate action. 28 D. The Home State shall complete any pending investigations of an 29 Occupational Therapist or Occupational Therapy Assistant who changes 30 Primary State of Residence during the course of the investigations. The 31 Home State, where the investigations were initiated, shall also have the 32 authority to take appropriate action(s) and shall promptly report the 33 conclusions of the investigations to the OT Compact Commission Data 34 System. The Occupational Therapy Compact Commission Data System adminis- 35 trator shall promptly notify the new Home State of any Adverse Actions. 36 E. A Member State, if otherwise permitted by State law, may recover 37 from the affected Occupational Therapist or Occupational Therapy Assist- 38 ant the costs of investigations and disposition of cases resulting from 39 any Adverse Action taken against that Occupational Therapist or Occupa- 40 tional Therapy Assistant. 41 F. A Member State may take Adverse Action based on the factual find- 42 ings of the Remote State, provided that the Member State follows its own 43 procedures for taking the Adverse Action. 44 G. Joint Investigations. 45 1. In addition to the authority granted to a Member State by its 46 respective State Occupational Therapy laws and regulations or other 47 applicable State law, any Member State may participate with other Member 48 States in joint investigations of Licensees. 49 2. Member States shall share any investigative, litigation, or compli- 50 ance materials in furtherance of any joint or individual investigation 51 initiated under the Compact. 52 H. If an Adverse Action is taken by the Home State against an Occupa- 53 tional Therapist's or Occupational Therapy Assistant's license, the 54 Occupational Therapist's or Occupational Therapy Assistant's CompactA. 7948 21 1 Privilege in all other Member States shall be deactivated until all 2 encumbrances have been removed from the State license. All Home State 3 disciplinary orders that impose Adverse Action against an Occupational 4 Therapist's or Occupational Therapy Assistant's license shall include a 5 Statement that the Occupational Therapist's or Occupational Therapy 6 Assistant's Compact Privilege is deactivated in all Member States during 7 the pendency of the order. 8 I. If a Member State takes Adverse Action, it shall promptly notify 9 the administrator of the Data System. The administrator of the Data 10 System shall promptly notify the Home State of any Adverse Actions by 11 Remote States. 12 J. Nothing in this Compact shall override a Member State's decision 13 that participation in an Alternative Program may be used in lieu of 14 Adverse Action. 15 SECTION 8. 16 ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT COMMISSION. 17 A. The Compact Member States hereby create and establish a joint 18 public agency known as the Occupational Therapy Compact Commission: 19 1. The Commission is an instrumentality of the Compact States. 20 2. Venue is proper and judicial proceedings by or against the Commis- 21 sion shall be brought solely and exclusively in a court of competent 22 jurisdiction where the principal office of the Commission is located. 23 The Commission may waive venue and jurisdictional defenses to the extent 24 it adopts or consents to participate in alternative dispute resolution 25 proceedings. 26 3. Nothing in this Compact shall be construed to be a waiver of sover- 27 eign immunity. 28 B. Membership, Voting, and Meetings. 29 1. Each Member State shall have and be limited to one (1) delegate 30 selected by that Member State's Licensing Board. 31 2. The delegate shall be either: 32 a. A current member of the Licensing Board, who is an Occupational 33 Therapist, Occupational Therapy Assistant, or public member; or 34 b. An administrator of the Licensing Board. 35 3. Any delegate may be removed or suspended from office as provided by 36 the law of the State from which the delegate is appointed. 37 4. The Member State board shall fill any vacancy occurring in the 38 Commission within 90 days. 39 5. Each delegate shall be entitled to one (1) vote with regard to the 40 promulgation of Rules and creation of bylaws and shall otherwise have an 41 opportunity to participate in the business and affairs of the Commis- 42 sion. A delegate shall vote in person or by such other means as provided 43 in the bylaws. The bylaws may provide for delegates' participation in 44 meetings by telephone or other means of communication. 45 6. The Commission shall meet at least once during each calendar year. 46 Additional meetings shall be held as set forth in the bylaws. 47 7. The Commission shall establish by Rule a term of office for deleg- 48 ates. 49 C. The Commission shall have the following powers and duties: 50 1. Establish a Code of Ethics for the Commission; 51 2. Establish the fiscal year of the Commission; 52 3. Establish bylaws; 53 4. Maintain its financial records in accordance with the bylaws;A. 7948 22 1 5. Meet and take such actions as are consistent with the provisions of 2 this Compact and the bylaws; 3 6. Promulgate uniform Rules to facilitate and coordinate implementa- 4 tion and administration of this Compact. The Rules shall have the force 5 and effect of law and shall be binding in all Member States; 6 7. Bring and prosecute legal proceedings or actions in the name of the 7 Commission, provided that the standing of any State Occupational Therapy 8 Licensing Board to sue or be sued under applicable law shall not be 9 affected; 10 8. Purchase and maintain insurance and bonds; 11 9. Borrow, accept, or contract for services of personnel, including, 12 but not limited to, employees of a Member State; 13 10. Hire employees, elect or appoint officers, fix compensation, 14 define duties, grant such individuals appropriate authority to carry out 15 the purposes of the Compact, and establish the Commission's personnel 16 policies and programs relating to conflicts of interest, qualifications 17 of personnel, and other related personnel matters; 18 11. Accept any and all appropriate donations and grants of money, 19 equipment, supplies, materials and services, and receive, utilize and 20 dispose of the same; provided that at all times the Commission shall 21 avoid any appearance of impropriety and/or conflict of interest; 22 12. Lease, purchase, accept appropriate gifts or donations of, or 23 otherwise own, hold, improve or use, any property, real, personal or 24 mixed; provided that at all times the Commission shall avoid any appear- 25 ance of impropriety; 26 13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 27 otherwise dispose of any property real, personal, or mixed; 28 14. Establish a budget and make expenditures; 29 15. Borrow money; 30 16. Appoint committees, including standing committees composed of 31 members, State regulators, State legislators or their representatives, 32 and consumer representatives, and such other interested persons as may 33 be designated in this Compact and the bylaws; 34 17. Provide and receive information from, and cooperate with, law 35 enforcement agencies; 36 18. Establish and elect an Executive Committee; and 37 19. Perform such other functions as may be necessary or appropriate to 38 achieve the purposes of this Compact consistent with the State regu- 39 lation of Occupational Therapy licensure and practice. 40 D. The Executive Committee. 41 The Executive Committee shall have the power to act on behalf of the 42 Commission according to the terms of this Compact. 43 1. The Executive Committee shall be composed of nine members: 44 a. Seven voting members who are elected by the Commission from the 45 current membership of the Commission; 46 b. One ex-officio, nonvoting member from a recognized national Occupa- 47 tional Therapy professional association; and 48 c. One ex-officio, nonvoting member from a recognized national Occupa- 49 tional Therapy certification organization. 50 2. The ex-officio members will be selected by their respective organ- 51 izations. 52 3. The Commission may remove any member of the Executive Committee as 53 provided in bylaws. 54 4. The Executive Committee shall meet at least annually. 55 5. The Executive Committee shall have the following Duties and respon- 56 sibilities:A. 7948 23 1 a. Recommend to the entire Commission changes to the Rules or bylaws, 2 changes to this Compact legislation, fees paid by Compact Member States 3 such as annual dues, and any Commission Compact fee charged to Licensees 4 for the Compact Privilege; 5 b. Ensure Compact administration services are appropriately provided, 6 contractual or otherwise; 7 c. Prepare and recommend the budget; 8 d. Maintain financial records on behalf of the Commission; 9 e. Monitor Compact compliance of Member States and provide compliance 10 reports to the Commission; 11 f. Establish additional committees as necessary; and 12 g. Perform other duties as provided in Rules or bylaws. 13 E. Meetings of the Commission. 14 1. All meetings shall be open to the public, and public notice of 15 meetings shall be given in the same manner as required under the Rule- 16 making provisions in Section 10. 17 2. The Commission or the Executive Committee or other committees of 18 the Commission may convene in a closed, non-public meeting if the 19 Commission or Executive Committee or other committees of the Commission 20 must discuss: 21 a. Non-compliance of a Member State with its obligations under the 22 Compact; 23 b. The employment, compensation, discipline or other matters, prac- 24 tices or procedures related to specific employees or other matters 25 related to the Commission's internal personnel practices and procedures; 26 c. Current, threatened, or reasonably anticipated litigation; 27 d. Negotiation of contracts for the purchase, lease, or sale of goods, 28 services, or real estate; 29 e. Accusing any person of a crime or formally censuring any person; 30 f. Disclosure of trade secrets or commercial or financial information 31 that is privileged or confidential; 32 g. Disclosure of information of a personal nature where disclosure 33 would constitute a clearly unwarranted invasion of personal privacy; 34 h. Disclosure of investigative records compiled for law enforcement 35 purposes; 36 i. Disclosure of information related to any investigative reports 37 prepared by or on behalf of or for use of the Commission or other 38 committee charged with responsibility of investigation or determination 39 of compliance issues pursuant to the Compact; or 40 j. Matters specifically exempted from disclosure by federal or Member 41 State statute. 42 3. If a meeting, or portion of a meeting, is closed pursuant to this 43 provision, the Commission's legal counsel or designee shall certify that 44 the meeting may be closed and shall reference each relevant exempting 45 provision. 46 4. The Commission shall keep minutes that fully and clearly describe 47 all matters discussed in a meeting and shall provide a full and accurate 48 summary of actions taken, and the reasons therefore, including a 49 description of the views expressed. All documents considered in 50 connection with an action shall be identified in such minutes. All 51 minutes and documents of a closed meeting shall remain under seal, 52 subject to release by a majority vote of the Commission or order of a 53 court of competent jurisdiction. 54 F. Financing of the Commission.A. 7948 24 1 1. The Commission shall pay, or provide for the payment of, the 2 reasonable expenses of its establishment, organization, and ongoing 3 activities. 4 2. The Commission may accept any and all appropriate revenue sources, 5 donations, and grants of money, equipment, supplies, materials, and 6 services. 7 3. The Commission may levy on and collect an annual assessment from 8 each Member State or impose fees on other parties to cover the cost of 9 the operations and activities of the Commission and its staff, which 10 must be in a total amount sufficient to cover its annual budget as 11 approved by the Commission each year for which revenue is not provided 12 by other sources. The aggregate annual assessment amount shall be allo- 13 cated based upon a formula to be determined by the Commission, which 14 shall promulgate a Rule binding upon all Member States. 15 4. The Commission shall not incur obligations of any kind prior to 16 securing the funds adequate to meet the same; nor shall the Commission 17 pledge the credit of any of the Member States, except by and with the 18 authority of the Member State. 19 5. The Commission shall keep accurate accounts of all receipts and 20 disbursements. The receipts and disbursements of the Commission shall 21 be subject to the audit and accounting procedures established under its 22 bylaws. However, all receipts and disbursements of funds handled by the 23 Commission shall be audited yearly by a certified or licensed public 24 accountant, and the report of the audit shall be included in and become 25 part of the annual report of the Commission. 26 G. Qualified Immunity, Defense, and Indemnification. 27 1. The members, officers, executive director, employees and represen- 28 tatives of the Commission shall be immune from suit and liability, 29 either personally or in their official capacity, for any claim for 30 damage to or loss of property or personal injury or other civil liabil- 31 ity caused by or arising out of any actual or alleged act, error or 32 omission that occurred, or that the person against whom the claim is 33 made had a reasonable basis for believing occurred within the scope of 34 Commission employment, duties or responsibilities; provided that nothing 35 in this paragraph shall be construed to protect any such person from 36 suit and/or liability for any damage, loss, injury, or liability caused 37 by the intentional or willful or wanton misconduct of that person. 38 2. The Commission shall defend any member, officer, executive direc- 39 tor, employee, or representative of the Commission in any civil action 40 seeking to impose liability arising out of any actual or alleged act, 41 error, or omission that occurred within the scope of Commission employ- 42 ment, duties, or responsibilities, or that the person against whom the 43 claim is made had a reasonable basis for believing occurred within the 44 scope of Commission employment, duties, or responsibilities; provided 45 that nothing herein shall be construed to prohibit that person from 46 retaining his or her own counsel; and provided further, that the actual 47 or alleged act, error, or omission did not result from that person's 48 intentional or willful or wanton misconduct. 49 3. The Commission shall indemnify and hold harmless any member, offi- 50 cer, executive director, employee, or representative of the Commission 51 for the amount of any settlement or judgment obtained against that 52 person arising out of any actual or alleged act, error or omission that 53 occurred within the scope of Commission employment, duties, or responsi- 54 bilities, or that such person had a reasonable basis for believing 55 occurred within the scope of Commission employment, duties, or responsi- 56 bilities, provided that the actual or alleged act, error, or omissionA. 7948 25 1 did not result from the intentional or willful or wanton misconduct of 2 that person. 3 SECTION 9. 4 DATA SYSTEM 5 A. The Commission shall provide for the development, maintenance, and 6 utilization of a coordinated database and reporting system containing 7 licensure, Adverse Action, and Investigative Information on all licensed 8 individuals in Member States. 9 B. A Member State shall submit a uniform data set to the Data System 10 on all individuals to whom this Compact is applicable (utilizing a 11 unique identifier) as required by the Rules of the Commission, includ- 12 ing: 13 1. Identifying information; 14 2. Licensure data; 15 3. Adverse Actions against a license or Compact Privilege; 16 4. Non-confidential information related to Alternative Program partic- 17 ipation; 18 5. Any denial of application for licensure, and the reason(s) for such 19 denial; 20 6. Other information that may facilitate the administration of this 21 Compact, as determined by the Rules of the Commission; and 22 7. Current Significant Investigative Information. 23 C. Current Significant Investigative Information and other Investi- 24 gative Information pertaining to a Licensee in any Member State will 25 only be available to other Member States. 26 D. The Commission shall promptly notify all Member States of any 27 Adverse Action taken against a Licensee or an individual applying for a 28 license. Adverse Action information pertaining to a Licensee in any 29 Member State will be available to any other Member State. 30 E. Member States contributing information to the Data System may 31 designate information that may not be shared with the public without the 32 express permission of the contributing State. 33 F. Any information submitted to the Data System that is subsequently 34 required to be expunged by the laws of the Member State contributing the 35 information shall be removed from the Data System. 36 SECTION 10. 37 RULEMAKING 38 A. The Commission shall exercise its Rulemaking powers pursuant to the 39 criteria set forth in this Section and the Rules adopted thereunder. 40 Rules and amendments shall become binding as of the date specified in 41 each Rule or amendment. 42 B. The Commission shall promulgate reasonable rules in order to effec- 43 tively and efficiently achieve the purposes of the Compact. Notwith- 44 standing the foregoing, in the event the Commission exercises its rule- 45 making authority in a manner that is beyond the scope of the purposes of 46 the Compact, or the powers granted hereunder, then such an action by the 47 Commission shall be invalid and have no force and effect. 48 C. If a majority of the legislatures of the Member States rejects a 49 Rule, by enactment of a statute or resolution in the same manner used to 50 adopt the Compact within 4 years of the date of adoption of the Rule, 51 then such Rule shall have no further force and effect in any Member 52 State.A. 7948 26 1 D. Rules or amendments to the Rules shall be adopted at a regular or 2 special meeting of the Commission. 3 E. Prior to promulgation and adoption of a final Rule or Rules by the 4 Commission, and at least thirty (30) days in advance of the meeting at 5 which the Rule will be considered and voted upon, the Commission shall 6 file a Notice of Proposed Rulemaking: 7 1. On the website of the Commission or other publicly accessible plat- 8 form; and 9 2. On the website of each Member State Occupational Therapy Licensing 10 Board or other publicly accessible platform or the publication in which 11 each State would otherwise publish proposed Rules. 12 F. The Notice of Proposed Rulemaking shall include: 13 1. The proposed time, date, and location of the meeting in which the 14 Rule will be considered and voted upon; 15 2. The text of the proposed Rule or amendment and the reason for the 16 proposed Rule; 17 3. A request for comments on the proposed Rule from any interested 18 person; and 19 4. The manner in which interested persons may submit notice to the 20 Commission of their intention to attend the public hearing and any writ- 21 ten comments. G. Prior to adoption of a proposed Rule, the Commission 22 shall allow persons to submit written data, facts, opinions, and argu- 23 ments, which shall be made available to the public. 24 H. The Commission shall grant an opportunity for a public hearing 25 before it adopts a Rule or amendment if a hearing is requested by: 26 1. At least twenty-five (25) persons; 27 2. A State or federal governmental subdivision or agency; or 28 3. An association or organization having at least twenty-five (25) 29 members. 30 I. If a hearing is held on the proposed Rule or amendment, the Commis- 31 sion shall publish the place, time, and date of the scheduled public 32 hearing. If the hearing is held via electronic means, the Commission 33 shall publish the mechanism for access to the electronic hearing. 34 1. All persons wishing to be heard at the hearing shall notify the 35 executive director of the Commission or other designated member in writ- 36 ing of their desire to appear and testify at the hearing not less than 37 five (5) business days before the scheduled date of the hearing. 38 2. Hearings shall be conducted in a manner providing each person who 39 wishes to comment a fair and reasonable opportunity to comment orally or 40 in writing. 41 3. All hearings will be recorded. A copy of the recording will be made 42 available on request. 43 4. Nothing in this section shall be construed as requiring a separate 44 hearing on each Rule. Rules may be grouped for the convenience of the 45 Commission at hearings required by this section. 46 J. Following the scheduled hearing date, or by the close of business 47 on the scheduled hearing date if the hearing was not held, the Commis- 48 sion shall consider all written and oral comments received. 49 K. If no written notice of intent to attend the public hearing by 50 interested parties is received, the Commission may proceed with promul- 51 gation of the proposed Rule without a public hearing. 52 L. The Commission shall, by majority vote of all members, take final 53 action on the proposed Rule and shall determine the effective date of 54 the Rule, if any, based on the Rulemaking record and the full text of 55 the Rule.A. 7948 27 1 M. Upon determination that an emergency exists, the Commission may 2 consider and adopt an emergency Rule without prior notice, opportunity 3 for comment, or hearing, provided that the usual Rulemaking procedures 4 provided in the Compact and in this section shall be retroactively 5 applied to the Rule as soon as reasonably possible, in no event later 6 than ninety (90) days after the effective date of the Rule. For the 7 purposes of this provision, an emergency Rule is one that must be 8 adopted immediately in order to: 9 1. Meet an imminent threat to public health, safety, or welfare; 10 2. Prevent a loss of Commission or Member State funds; 11 3. Meet a deadline for the promulgation of an administrative Rule that 12 is established by federal law or Rule; or 13 4. Protect public health and safety. 14 N. The Commission or an authorized committee of the Commission may 15 direct revisions to a previously adopted Rule or amendment for purposes 16 of correcting typographical errors, errors in format, errors in consist- 17 ency, or grammatical errors. Public notice of any revisions shall be 18 posted on the website of the Commission. The revision shall be subject 19 to challenge by any person for a period of thirty (30) days after post- 20 ing. The revision may be challenged only on grounds that the revision 21 results in a material change to a Rule. A challenge shall be made in 22 writing and delivered to the chair of the Commission prior to the end of 23 the notice period. If no challenge is made, the revision will take 24 effect without further action. If the revision is challenged, the 25 revision may not take effect without the approval of the Commission. 26 SECTION 11. 27 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 28 A. Oversight. 29 1. The executive, legislative, and judicial branches of State govern- 30 ment in each Member State shall enforce this Compact and take all 31 actions necessary and appropriate to effectuate the Compact's purposes 32 and intent. The provisions of this Compact and the Rules promulgated 33 hereunder shall have standing as statutory law. 34 2. All courts shall take judicial notice of the Compact and the Rules 35 in any judicial or administrative proceeding in a Member State pertain- 36 ing to the subject matter of this Compact which may affect the powers, 37 responsibilities, or actions of the Commission. 38 3. The Commission shall be entitled to receive service of process in 39 any such proceeding, and shall have standing to intervene in such a 40 proceeding for all purposes. Failure to provide service of process to 41 the Commission shall render a judgment or order void as to the Commis- 42 sion, this Compact, or promulgated Rules. 43 B. Default, Technical Assistance, and Termination. 44 1. If the Commission determines that a Member State has defaulted in 45 the performance of its obligations or responsibilities under this 46 Compact or the promulgated Rules, the Commission shall: 47 a. Provide written notice to the defaulting State and other Member 48 States of the nature of the default, the proposed means of curing the 49 default and/or any other action to be taken by the Commission; and 50 b. Provide remedial training and specific technical assistance regard- 51 ing the default. 52 2. If a State in default fails to cure the default, the defaulting 53 State may be terminated from the Compact upon an affirmative vote of a 54 majority of the Member States, and all rights, privileges and benefitsA. 7948 28 1 conferred by this Compact may be terminated on the effective date of 2 termination. A cure of the default does not relieve the offending State 3 of obligations or liabilities incurred during the period of default. 4 3. Termination of membership in the Compact shall be imposed only 5 after all other means of securing compliance have been exhausted. Notice 6 of intent to suspend or terminate shall be given by the Commission to 7 the governor, the majority and minority leaders of the defaulting 8 State's legislature, and each of the Member States. 9 4. A State that has been terminated is responsible for all assess- 10 ments, obligations, and liabilities incurred through the effective date 11 of termination, including obligations that extend beyond the effective 12 date of termination. 13 5. The Commission shall not bear any costs related to a State that is 14 found to be in default or that has been terminated from the Compact, 15 unless agreed upon in writing between the Commission and the defaulting 16 State. 17 6. The defaulting State may appeal the action of the Commission by 18 petitioning the U.S. District Court for the District of Columbia or the 19 federal district where the Commission has its principal offices. The 20 prevailing member shall be awarded all costs of such litigation, includ- 21 ing reasonable attorney's fees. 22 C. Dispute Resolution. 23 1. Upon request by a Member State, the Commission shall attempt to 24 resolve disputes related to the Compact that arise among Member States 25 and between member and non-Member States. 26 2. The Commission shall promulgate a Rule providing for both mediation 27 and binding dispute resolution for disputes as appropriate. 28 D. Enforcement. 29 1. The Commission, in the reasonable exercise of its discretion, shall 30 enforce the provisions and Rules of this Compact. 31 2. By majority vote, the Commission may initiate legal action in the 32 United States District Court for the District of Columbia or the federal 33 district where the Commission has its principal offices against a Member 34 State in default to enforce compliance with the provisions of the 35 Compact and its promulgated Rules and bylaws. The relief sought may 36 include both injunctive relief and damages. In the event judicial 37 enforcement is necessary, the prevailing member shall be awarded all 38 costs of such litigation, including reasonable attorney's fees. 39 3. The remedies herein shall not be the exclusive remedies of the 40 Commission. The Commission may pursue any other remedies available under 41 federal or State law. 42 SECTION 12. 43 DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR 44 OCCUPATIONAL 45 THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT 46 A. The Compact shall come into effect on the date on which the Compact 47 statute is enacted into law in the tenth Member State. The provisions, 48 which become effective at that time, shall be limited to the powers 49 granted to the Commission relating to assembly and the promulgation of 50 Rules. Thereafter, the Commission shall meet and exercise Rulemaking 51 powers necessary to the implementation and administration of the 52 Compact. 53 B. Any State that joins the Compact subsequent to the Commission's 54 initial adoption of the Rules shall be subject to the Rules as theyA. 7948 29 1 exist on the date on which the Compact becomes law in that State. Any 2 Rule that has been previously adopted by the Commission shall have the 3 full force and effect of law on the day the Compact becomes law in that 4 State. 5 C. Any Member State may withdraw from this Compact by enacting a stat- 6 ute repealing the same. 7 1. A Member State's withdrawal shall not take effect until six (6) 8 months after enactment of the repealing statute. 9 2. Withdrawal shall not affect the continuing requirement of the with- 10 drawing State's Occupational Therapy Licensing Board to comply with the 11 investigative and Adverse Action reporting requirements of this act 12 prior to the effective date of withdrawal. 13 D. Nothing contained in this Compact shall be construed to invalidate 14 or prevent any Occupational Therapy licensure agreement or other cooper- 15 ative arrangement between a Member State and a non-Member State that 16 does not conflict with the provisions of this Compact. 17 E. This Compact may be amended by the Member States. No amendment to 18 this Compact shall become effective and binding upon any Member State 19 until it is enacted into the laws of all Member States. 20 SECTION 13. 21 CONSTRUCTION AND SEVERABILITY 22 This Compact shall be liberally construed so as to effectuate the 23 purposes thereof. The provisions of this Compact shall be severable and 24 if any phrase, clause, sentence or provision of this Compact is declared 25 to be contrary to the constitution of any Member State or of the United 26 States or the applicability thereof to any government, agency, person, 27 or circumstance is held invalid, the validity of the remainder of this 28 Compact and the applicability thereof to any government, agency, person, 29 or circumstance shall not be affected thereby. If this Compact shall be 30 held contrary to the constitution of any Member State, the Compact shall 31 remain in full force and effect as to the remaining Member States and in 32 full force and effect as to the Member State affected as to all severa- 33 ble matters. 34 SECTION 14. 35 BINDING EFFECT OF COMPACT AND OTHER LAWS 36 A. A Licensee providing Occupational Therapy in a Remote State under 37 the Compact Privilege shall function within the laws and regulations of 38 the Remote State. 39 B. Nothing herein prevents the enforcement of any other law of a 40 Member State that is not inconsistent with the Compact. 41 C. Any laws in a Member State in conflict with the Compact are super- 42 seded to the extent of the conflict. 43 D. Any lawful actions of the Commission, including all Rules and 44 bylaws promulgated by the Commission, are binding upon the Member 45 States. 46 E. All agreements between the Commission and the Member States are 47 binding in accordance with their terms. 48 F. In the event any provision of the Compact exceeds the constitu- 49 tional limits imposed on the legislature of any Member State, the 50 provision shall be ineffective to the extent of the conflict with the 51 constitutional provision in question in that Member State.A. 7948 30 1 § 2. This act shall take effect on the ninetieth day after it shall 2 have become a law. Effective immediately, the addition, amendment 3 and/or repeal of any rule or regulation necessary for the implementation 4 of this act on its effective date are authorized to be made and 5 completed on or before such effective date. 6 PART C 7 Section 1. The education law is amended by adding a new section 8209-a 8 to read as follows: 9 § 8209-a. Audiology and Speech-Language Pathology Interstate Compact. 10 The audiology and speech-language pathology interstate compact is hereby 11 enacted into law and entered into with all jurisdictions legally joining 12 therein in the form substantially as follows: 13 AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT 14 SECTION 1. 15 PURPOSE 16 The purpose of this Compact is to facilitate interstate practice of 17 audiology and speech-language pathology with the goal of improving 18 public access to audiology and speech-language pathology services. The 19 practice of audiology and speech-language pathology occurs in the state 20 where the patient/client/student is located at the time of the 21 patient/client/student encounter. The Compact preserves the regulatory 22 authority of states to protect public health and safety through the 23 current system of state licensure. 24 This Compact is designed to achieve the following objectives: 25 1. Increase public access to audiology and speech-language pathology 26 services by providing for the mutual recognition of other member state 27 licenses; 28 2. Enhance the states' ability to protect the public's health and 29 safety; 30 3. Encourage the cooperation of member states in regulating multistate 31 audiology and speech-language pathology practice; 32 4. Support spouses of relocating active duty military personnel; 33 5. Enhance the exchange of licensure, investigative and disciplinary 34 information between member states; 35 6. Allow a remote state to hold a provider of services with a compact 36 privilege in that state accountable to that state's practice standards; 37 and 38 7. Allow for the use of telehealth technology to facilitate increased 39 access to audiology and speech-language pathology services. 40 SECTION 2. 41 DEFINITIONS 42 As used in this Compact, and except as otherwise provided, the follow- 43 ing definitions shall apply: 44 A. "Active duty military" means full-time duty status in the active 45 uniformed service of the United States, including members of the 46 National Guard and Reserve on active duty orders pursuant to 10 U.S.C. 47 Chapter 1209 and 1211. 48 B. "Adverse action" means any administrative, civil, equitable or 49 criminal action permitted by a state's laws which is imposed by a 50 licensing board or other authority against an audiologist or speech-lan-A. 7948 31 1 guage pathologist, including actions against an individual's license or 2 privilege to practice such as revocation, suspension, probation, moni- 3 toring of the licensee, or restriction on the licensee's practice. 4 C. "Alternative program" means a non-disciplinary monitoring process 5 approved by an audiology or speech-language pathology licensing board to 6 address impaired practitioners. 7 D. "Audiologist" means an individual who is licensed by a state to 8 practice audiology. 9 E. "Audiology" means the care and services provided by a licensed 10 audiologist as set forth in the member state's statutes and rules. 11 F. "Audiology and Speech-Language Pathology Compact Commission" or 12 "Commission" means the national administrative body whose membership 13 consists of all states that have enacted the Compact. 14 G. "Audiology and speech-language pathology licensing board," "audiol- 15 ogy licensing board," "speech-language pathology licensing board," or 16 "licensing board" means the agency of a state that is responsible for 17 the licensing and regulation of audiologists and/or speech-language 18 pathologists. 19 H. "Compact privilege" means the authorization granted by a remote 20 state to allow a licensee from another member state to practice as an 21 audiologist or speech-language pathologist in the remote state under its 22 laws and rules. The practice of audiology or speech-language pathology 23 occurs in the member state where the patient/client/student is located 24 at the time of the patient/client/student encounter. 25 I. "Current significant investigative information" means investigative 26 information that a licensing board, after an inquiry or investigation 27 that includes notification and an opportunity for the audiologist or 28 speech-language pathologist to respond, if required by state law, has 29 reason to believe is not groundless and, if proved true, would indicate 30 more than a minor infraction. 31 J. "Data system" means a repository of information about licensees, 32 including, but not limited to, continuing education, examination, licen- 33 sure, investigative, compact privilege and adverse action. 34 K. "Encumbered license" means a license in which an adverse action 35 restricts the practice of audiology or speech-language pathology by the 36 licensee and said adverse action has been reported to the National Prac- 37 titioners Data Bank (NPDB). 38 L. "Executive Committee" means a group of directors elected or 39 appointed to act on behalf of, and within the powers granted to them by, 40 the Commission. 41 M. "Home state" means the member state that is the licensee's primary 42 state of residence. 43 N. "Impaired practitioner" means individuals whose professional prac- 44 tice is adversely affected by substance abuse, addiction, or other 45 health-related conditions. 46 O. "Licensee" means an individual who currently holds an authorization 47 from the state licensing board to practice as an audiologist or speech- 48 language pathologist. 49 P. "Member state" means a state that has enacted the Compact. 50 Q. "Privilege to practice" means a legal authorization permitting the 51 practice of audiology or speech-language pathology in a remote state. 52 R. "Remote state" means a member state other than the home state where 53 a licensee is exercising or seeking to exercise the compact privilege. 54 S. "Rule" means a regulation, principle or directive promulgated by 55 the Commission that has the force of law.A. 7948 32 1 T. "Single-state license" means an audiology or speech-language 2 pathology license issued by a member state that authorizes practice only 3 within the issuing state and does not include a privilege to practice in 4 any other member state. 5 U. "Speech-language pathologist" means an individual who is licensed 6 by a state to practice speech-language pathology. 7 V. "Speech-language pathology means the care and services provided by 8 a licensed speech-language pathologist as set forth in the member 9 state's statutes and rules. 10 W. "State" means any state, commonwealth, district or territory of the 11 United States of America that regulates the practice of audiology and 12 speech-language pathology. 13 X. "State practice laws" means a member state's laws, rules and regu- 14 lations that govern the practice of audiology or speech-language pathol- 15 ogy, define the scope of audiology or speech-language pathology prac- 16 tice, and create the methods and grounds for imposing discipline. 17 Y. "Telehealth" means the application of telecommunication technology 18 to deliver audiology or speech-language pathology services at a distance 19 for assessment, intervention and/or consultation. 20 SECTION 3. 21 STATE PARTICIPATION IN THE COMPACT 22 A. A license issued to an audiologist or speech-language pathologist 23 by a home state to a resident in that state shall be recognized by each 24 member state as authorizing an audiologist or speech-language patholo- 25 gist to practice audiology or speech-language pathology, under a privi- 26 lege to practice, in each member state. 27 B. A state must implement or utilize procedures for considering the 28 criminal history records of applicants for initial privilege to prac- 29 tice. These procedures shall include the submission of fingerprints or 30 other biometric-based information by applicants for the purpose of 31 obtaining an applicant's criminal history record information from the 32 Federal Bureau of Investigation and the agency responsible for retaining 33 that state's criminal records. 34 1. A member state must fully implement a criminal background check 35 requirement, within a time frame established by rule, by receiving the 36 results of the Federal Bureau of Investigation record search on criminal 37 background checks and use the results in making licensure decisions. 38 2. Communication between a member state, the Commission and among 39 member states regarding the verification of eligibility for licensure 40 through the Compact shall not include any information received from the 41 Federal Bureau of Investigation relating to a federal criminal records 42 check performed by a member state under Public Law 92-544. 43 C. Upon application for a privilege to practice, the licensing board 44 in the issuing remote state shall ascertain, through the data system, 45 whether the applicant has ever held, or is the holder of, a license 46 issued by any other state, whether there are any encumbrances on any 47 license or privilege to practice held by the applicant, whether any 48 adverse action has been taken against any license or privilege to prac- 49 tice held by the applicant. 50 D. Each member state shall require an applicant to obtain or retain a 51 license in the home state and meet the home state's qualifications for 52 licensure or renewal of licensure, as well as, all other applicable 53 state laws. 54 E. For an audiologist:A. 7948 33 1 1. Must meet one of the following educational requirements: 2 a. On or before, Dec. 31, 2007, has graduated with a master's degree 3 or doctorate in audiology, or equivalent degree regardless of degree 4 name, from a program that is accredited by an accrediting agency recog- 5 nized by the Council for Higher Education Accreditation, or its succes- 6 sor, or by the United States Department of Education and operated by a 7 college or university accredited by a regional or national accrediting 8 organization recognized by the board; or 9 b. On or after, Jan. 1, 2008, has graduated with a Doctoral degree in 10 audiology, or equivalent degree, regardless of degree name, from a 11 program that is accredited by an accrediting agency recognized by the 12 Council for Higher Education Accreditation, or its successor, or by the 13 United States Department of Education and operated by a college or 14 university accredited by a regional or national accrediting organization 15 recognized by the board; or 16 c. Has graduated from an audiology program that is housed in an insti- 17 tution of higher education outside of the United States (a) for which 18 the program and institution have been approved by the authorized accred- 19 iting body in the applicable country and (b) the degree program has been 20 verified by an independent credentials review agency to be comparable to 21 a state licensing board-approved program. 22 2. Has completed a supervised clinical practicum experience from an 23 accredited educational institution or its cooperating programs as 24 required by the Commission; 25 3. Has successfully passed a national examination approved by the 26 Commission; 27 4. Holds an active, unencumbered license; 28 5. Has not been convicted or found guilty, and has not entered into an 29 agreed disposition, of a felony related to the practice of audiology, 30 under applicable state or federal criminal law; 31 6. Has a valid United States Social Security or National Practitioner 32 Identification number. 33 F. For a speech-language pathologist: 34 1. Must meet one of the following educational requirements: 35 a. Has graduated with a master's degree from a speech-language pathol- 36 ogy program that is accredited by an organization recognized by the 37 United States Department of Education and operated by a college or 38 university accredited by a regional or national accrediting organization 39 recognized by the board; or 40 b. Has graduated from a speech-language pathology program that is 41 housed in an institution of higher education outside of the United 42 States (a) for which the program and institution have been approved by 43 the authorized accrediting body in the applicable country and (b) the 44 degree program has been verified by an independent credentials review 45 agency to be comparable to a state licensing board-approved program. 46 2. Has completed a supervised clinical practicum experience from an 47 educational institution or its cooperating programs as required by the 48 Commission; 49 3. Has completed a supervised postgraduate professional experience as 50 required by the Commission; 51 4. Has successfully passed a national examination approved by the 52 Commission; 53 5. Holds an active, unencumbered license; 54 6. Has not been convicted or found guilty, and has not entered into an 55 agreed disposition, of a felony related to the practice of speech-lan- 56 guage pathology, under applicable state or federal criminal law;A. 7948 34 1 7. Has a valid United States Social Security or National Practitioner 2 Identification number. 3 G. The privilege to practice is derived from the home state license. 4 H. An audiologist or speech-language pathologist practicing in a 5 member state must comply with the state practice laws of the state in 6 which the client is located at the time service is provided. The prac- 7 tice of audiology and speech-language pathology shall include all 8 audiology and speech-language pathology practice as defined by the state 9 practice laws of the member state in which the client is located. The 10 practice of audiology and speech-language pathology in a member state 11 under a privilege to practice shall subject an audiologist or speech- 12 language pathologist to the jurisdiction of the licensing board, the 13 courts and the laws of the member state in which the client is located 14 at the time service is provided. 15 I. Individuals not residing in a member state shall continue to be 16 able to apply for a member state's single-state license as provided 17 under the laws of each member state. However, the single-state license 18 granted to these individuals shall not be recognized as granting the 19 privilege to practice audiology or speech-language pathology in any 20 other member state. Nothing in this Compact shall affect the require- 21 ments established by a member state for the issuance of a single-state 22 license. 23 J. Member states may charge a fee for granting a compact privilege. 24 K. Member states must comply with the bylaws and rules and regulations 25 of the Commission. 26 SECTION 4. 27 COMPACT PRIVILEGE 28 A. To exercise the compact privilege under the terms and provisions of 29 the Compact, the audiologist or speech-language pathologist shall: 30 1. Hold an active license in the home state; 31 2. Have no encumbrance on any state license; 32 3. Be eligible for a compact privilege in any member state in accord- 33 ance with Section 3; 34 4. Have not had any adverse action against any license or compact 35 privilege within the previous 2 years from date of application; 36 5. Notify the Commission that the licensee is seeking the compact 37 privilege within a remote state(s); 38 6. Pay any applicable fees, including any state fee, for the compact 39 privilege; 40 7. Report to the Commission adverse action taken by any non-member 41 state within 30 days from the date the adverse action is taken. 42 B. For the purposes of the compact privilege, an audiologist or 43 speech-language pathologist shall only hold one home state license at a 44 time. 45 C. Except as provided in Section 6, if an audiologist or speech-lan- 46 guage pathologist changes primary state of residence by moving between 47 two-member states, the audiologist or speech-language pathologist must 48 apply for licensure in the new home state, and the license issued by the 49 prior home state shall be deactivated in accordance with applicable 50 rules adopted by the Commission. 51 D. The audiologist or speech-language pathologist may apply for licen- 52 sure in advance of a change in primary state of residence. 53 E. A license shall not be issued by the new home state until the 54 audiologist or speech-language pathologist provides satisfactoryA. 7948 35 1 evidence of a change in primary state of residence to the new home state 2 and satisfies all applicable requirements to obtain a license from the 3 new home state. 4 F. If an audiologist or speech-language pathologist changes primary 5 state of residence by moving from a member state to a non-member state, 6 the license issued by the prior home state shall convert to a single- 7 state license, valid only in the former home state. 8 G. The compact privilege is valid until the expiration date of the 9 home state license. The licensee must comply with the requirements of 10 Section 4A to maintain the compact privilege in the remote state. 11 H. A licensee providing audiology or speech-language pathology 12 services in a remote state under the compact privilege shall function 13 within the laws and regulations of the remote state. 14 I. A licensee providing audiology or speech-language pathology 15 services in a remote state is subject to that state's regulatory author- 16 ity. A remote state may, in accordance with due process and that state's 17 laws, remove a licensee's compact privilege in the remote state for a 18 specific period of time, impose fines, and/or take any other necessary 19 actions to protect the health and safety of its citizens. 20 J. If a home state license is encumbered, the licensee shall lose the 21 compact privilege in any remote state until the following occur: 22 1. The home state license is no longer encumbered; and 23 2. Two years have elapsed from the date of the adverse action. 24 K. Once an encumbered license in the home state is restored to good 25 standing, the licensee must meet the requirements of Section 4A to 26 obtain a compact privilege in any remote state. 27 L. Once the requirements of Section 4J have been met, the licensee 28 must meet the requirements in Section 4A to obtain a compact privilege 29 in a remote state. 30 SECTION 5. 31 COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 32 Member states shall recognize the right of an audiologist or speech- 33 language pathologist, licensed by a home state in accordance with 34 Section 3 and under rules promulgated by the Commission, to practice 35 audiology or speech-language pathology in any member state via tele- 36 health under a privilege to practice as provided in the Compact and 37 rules promulgated by the Commission. 38 SECTION 6. 39 ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 40 Active duty military personnel, or their spouse, shall designate a 41 home state where the individual has a current license in good standing. 42 The individual may retain the home state designation during the period 43 the service member is on active duty. Subsequent to designating a home 44 state, the individual shall only change their home state through appli- 45 cation for licensure in the new state. 46 SECTION 7. 47 ADVERSE ACTIONS 48 A. In addition to the other powers conferred by state law, a remote 49 state shall have the authority, in accordance with existing state due 50 process law, to:A. 7948 36 1 1. Take adverse action against an audiologist's or speech-language 2 pathologist's privilege to practice within that member state. 3 2. Issue subpoenas for both hearings and investigations that require 4 the attendance and testimony of witnesses as well as the production of 5 evidence. Subpoenas issued by a licensing board in a member state for 6 the attendance and testimony of witnesses or the production of evidence 7 from another member state shall be enforced in the latter state by any 8 court of competent jurisdiction, according to the practice and procedure 9 of that court applicable to subpoenas issued in proceedings pending 10 before it. The issuing authority shall pay any witness fees, travel 11 expenses, mileage and other fees required by the service statutes of the 12 state in which the witnesses or evidence are located. 13 3. Only the home state shall have the power to take adverse action 14 against a audiologist's or speech-language pathologist's license issued 15 by the home state. 16 B. For purposes of taking adverse action, the home state shall give 17 the same priority and effect to reported conduct received from a member 18 state as it would if the conduct had occurred within the home state. In 19 so doing, the home state shall apply its own state laws to determine 20 appropriate action. 21 C. The home state shall complete any pending investigations of an 22 audiologist or speech-language pathologist who changes primary state of 23 residence during the course of the investigations. The home state shall 24 also have the authority to take appropriate action(s) and shall promptly 25 report the conclusions of the investigations to the administrator of the 26 data system. The administrator of the coordinated licensure information 27 system shall promptly notify the new home state of any adverse actions. 28 D. If otherwise permitted by state law, the member state may recover 29 from the affected audiologist or speech-language pathologist the costs 30 of investigations and disposition of cases resulting from any adverse 31 action taken against that audiologist or speech-language pathologist. 32 E. The member state may take adverse action based on the factual find- 33 ings of the remote state, provided that the member state follows the 34 member state's own procedures for taking the adverse action. 35 F. Joint Investigations. 36 1. In addition to the authority granted to a member state by its 37 respective audiology or speech-language pathology practice act or other 38 applicable state law, any member state may participate with other member 39 states in joint investigations of licensees. 40 2. Member states shall share any investigative, litigation, or compli- 41 ance materials in furtherance of any joint or individual investigation 42 initiated under the Compact. 43 G. If adverse action is taken by the home state against an 44 audiologist's or speech language pathologist's license, the 45 audiologist's or speech-language pathologist's privilege to practice in 46 all other member states shall be deactivated until all encumbrances have 47 been removed from the state license. All home state disciplinary orders 48 that impose adverse action against an audiologist's or speech language 49 pathologist's license shall include a statement that the audiologist's 50 or speech-language pathologist's privilege to practice is deactivated in 51 all member states during the pendency of the order. 52 H. If a member state takes adverse action, it shall promptly notify 53 the administrator of the data system. The administrator of the data 54 system shall promptly notify the home state of any adverse actions by 55 remote states.A. 7948 37 1 I. Nothing in this Compact shall override a member state's decision 2 that participation in an alternative program may be used in lieu of 3 adverse action. 4 SECTION 8. 5 ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY 6 COMPACT COMMISSION 7 A. The Compact member states hereby create and establish a joint 8 public agency known as the Audiology and Speech-Language Pathology 9 Compact Commission: 10 1. The Commission is an instrumentality of the Compact States. 11 2. Venue is proper and judicial proceedings by or against the Commis- 12 sion shall be brought solely and exclusively in a court of competent 13 jurisdiction where the principal office of the Commission is located. 14 The Commission may waive venue and jurisdictional defenses to the extent 15 it adopts or consents to participate in alternative dispute resolution 16 proceedings. 17 3. Nothing in this Compact shall be construed to be a waiver of sover- 18 eign immunity. 19 B. Membership, Voting and Meetings. 20 1. Each member state shall have two (2) delegates selected by that 21 member state's licensing board. The delegates shall be current members 22 of the licensing board. One shall be an audiologist and one shall be a 23 speech-language pathologist. 24 2. An additional five (5) delegates, who are either a public member or 25 board administrator from a state licensing board, shall be chosen by the 26 Executive Committee from a pool of nominees provided by the Commission 27 at Large. 28 3. Any delegate may be removed or suspended from office as provided by 29 the law of the state from which the delegate is appointed. 30 4. The member state board shall fill any vacancy occurring on the 31 Commission, within 90 days. 32 5. Each delegate shall be entitled to one (1) vote with regard to the 33 promulgation of rules and creation of bylaws and shall otherwise have an 34 opportunity to participate in the business and affairs of the Commis- 35 sion. 36 6. A delegate shall vote in person or by other means as provided in 37 the bylaws. The bylaws may provide for delegates' participation in meet- 38 ings by telephone or other means of communication. 39 7. The Commission shall meet at least once during each calendar year. 40 Additional meetings shall be held as set forth in the bylaws. 41 C. The Commission shall have the following powers and duties: 42 1. Establish the fiscal year of the Commission; 43 2. Establish bylaws; 44 3. Establish a Code of Ethics; 45 4. Maintain its financial records in accordance with the bylaws; 46 5. Meet and take actions as are consistent with the provisions of this 47 Compact and the bylaws; 48 6. Promulgate uniform rules to facilitate and coordinate implementa- 49 tion and administration of this Compact. The rules shall have the force 50 and effect of law and shall be binding in all member states; 51 7. Bring and prosecute legal proceedings or actions in the name of the 52 Commission, provided that the standing of any state audiology or speech- 53 language pathology licensing board to sue or be sued under applicable 54 law shall not be affected;A. 7948 38 1 8. Purchase and maintain insurance and bonds; 2 9. Borrow, accept, or contract for services of personnel, including, 3 but not limited to, employees of a member state; 4 10. Hire employees, elect or appoint officers, fix compensation, 5 define duties, grant individuals appropriate authority to carry out the 6 purposes of the Compact, and to establish the Commission's personnel 7 policies and programs relating to conflicts of interest, qualifications 8 of personnel, and other related personnel matters; 9 11. Accept any and all appropriate donations and grants of money, 10 equipment, supplies, materials and services, and to receive, utilize and 11 dispose of the same; provided that at all times the Commission shall 12 avoid any appearance of impropriety and/or conflict of interest; 13 12. Lease, purchase, accept appropriate gifts or donations of, or 14 otherwise to own, hold, improve or use, any property, real, personal or 15 mixed; provided that at all times the Commission shall avoid any appear- 16 ance of impropriety; 17 13. Sell convey, mortgage, pledge, lease, exchange, abandon, or other- 18 wise dispose of any property real, personal, or mixed; 19 14. Establish a budget and make expenditures; 20 15. Borrow money; 21 16. Appoint committees, including standing committees composed of 22 members, and other interested persons as may be designated in this 23 Compact and the bylaws; 24 17. Provide and receive information from, and cooperate with, law 25 enforcement agencies; 26 18. Establish and elect an Executive Committee; and 27 19. Perform other functions as may be necessary or appropriate to 28 achieve the purposes of this Compact consistent with the state regu- 29 lation of audiology and speech-language pathology licensure and prac- 30 tice. 31 D. The Executive Committee. 32 The Executive Committee shall have the power to act on behalf of the 33 Commission according to the terms of this Compact: 34 1. The Executive Committee shall be composed of ten (10) members: 35 a. Seven (7) voting members who are elected by the Commission from the 36 current membership of the Commission; 37 b. Two (2) ex-officios, consisting of one nonvoting member from a 38 recognized national audiology professional association and one nonvoting 39 member from a recognized national speech-language pathology association; 40 and 41 c. One (1) ex-officio, nonvoting member from the recognized membership 42 organization of the audiology and speech-language pathology licensing 43 boards. 44 E. The ex-officio members shall be selected by their respective organ- 45 izations. 46 1. The Commission may remove any member of the Executive Committee as 47 provided in bylaws. 48 2. The Executive Committee shall meet at least annually. 49 3. The Executive Committee shall have the following duties and respon- 50 sibilities: 51 a. Recommend to the entire Commission changes to the rules or bylaws, 52 changes to this Compact legislation, fees paid by Compact member states 53 such as annual dues, and any commission Compact fee charged to licensees 54 for the compact privilege; 55 b. Ensure Compact administration services are appropriately provided, 56 contractual or otherwise;A. 7948 39 1 c. Prepare and recommend the budget; 2 d. Maintain financial records on behalf of the Commission; 3 e. Monitor Compact compliance of member states and provide compliance 4 reports to the Commission; 5 f. Establish additional committees as necessary; and 6 g. Other duties as provided in rules or bylaws. 7 4. Meetings of the Commission. 8 All meetings shall be open to the public, and public notice of meet- 9 ings shall be given in the same manner as required under the rulemaking 10 provisions in Section 10. 11 5. The Commission or the Executive Committee or other committees of 12 the Commission may convene in a closed, non-public meeting if the 13 Commission or Executive Committee or other committees of the Commission 14 must discuss: 15 a. Non-compliance of a member state with its obligations under the 16 Compact; 17 b. The employment, compensation, discipline or other matters, prac- 18 tices or procedures related to specific employees or other matters 19 related to the Commission's internal personnel practices and procedures; 20 c. Current, threatened, or reasonably anticipated litigation; 21 d. Negotiation of contracts for the purchase, lease, or sale of goods, 22 services, or real estate; 23 e. Accusing any person of a crime or formally censuring any person; 24 f. Disclosure of trade secrets or commercial or financial information 25 that is privileged or confidential; 26 g. Disclosure of information of a personal nature where disclosure 27 would constitute a clearly unwarranted invasion of personal privacy; 28 h. Disclosure of investigative records compiled for law enforcement 29 purposes; 30 i. Disclosure of information related to any investigative reports 31 prepared by or on behalf of or for use of the Commission or other 32 committee charged with responsibility of investigation or determination 33 of compliance issues pursuant to the Compact; or 34 j. Matters specifically exempted from disclosure by federal or member 35 state statute. 36 6. If a meeting, or portion of a meeting, is closed pursuant to this 37 provision, the Commission's legal counsel or designee shall certify that 38 the meeting may be closed and shall reference each relevant exempting 39 provision. 40 7. The Commission shall keep minutes that fully and clearly describe 41 all matters discussed in a meeting and shall provide a full and accurate 42 summary of actions taken, and the reasons therefore, including a 43 description of the views expressed. All documents considered in 44 connection with an action shall be identified in minutes. All minutes 45 and documents of a closed meeting shall remain under seal, subject to 46 release by a majority vote of the Commission or order of a court of 47 competent jurisdiction. 48 8. Financing of the Commission. 49 a. The Commission shall pay, or provide for the payment of, the 50 reasonable expenses of its establishment, organization, and ongoing 51 activities. 52 b. The Commission may accept any and all appropriate revenue sources, 53 donations, and grants of money, equipment, supplies, materials, and 54 services. 55 c. The Commission may levy on and collect an annual assessment from 56 each member state or impose fees on other parties to cover the cost ofA. 7948 40 1 the operations and activities of the Commission and its staff, which 2 must be in a total amount sufficient to cover its annual budget as 3 approved each year for which revenue is not provided by other sources. 4 The aggregate annual assessment amount shall be allocated based upon a 5 formula to be determined by the Commission, which shall promulgate a 6 rule binding upon all member states. 7 9. The Commission shall not incur obligations of any kind prior to 8 securing the funds adequate to meet the same; nor shall the Commission 9 pledge the credit of any of the member states, except by and with the 10 authority of the member state. 11 10. The Commission shall keep accurate accounts of all receipts and 12 disbursements. The receipts and disbursements of the Commission shall be 13 subject to the audit and accounting procedures established under its 14 bylaws. However, all receipts and disbursements of funds handled by the 15 Commission shall be audited yearly by a certified or licensed public 16 accountant, and the report of the audit shall be included in and become 17 part of the annual report of the Commission. 18 F. Qualified Immunity, Defense, and Indemnification. 19 1. The members, officers, executive director, employees and represen- 20 tatives of the Commission shall be immune from suit and liability, 21 either personally or in their official capacity, for any claim for 22 damage to or loss of property or personal injury or other civil liabil- 23 ity caused by or arising out of any actual or alleged act, error or 24 omission that occurred, or that the person against whom the claim is 25 made had a reasonable basis for believing occurred within the scope of 26 Commission employment, duties or responsibilities; provided that nothing 27 in this paragraph shall be construed to protect any person from suit 28 and/or liability for any damage, loss, injury, or liability caused by 29 the intentional or willful or wanton misconduct of that person. 30 2. The Commission shall defend any member, officer, executive direc- 31 tor, employee or representative of the Commission in any civil action 32 seeking to impose liability arising out of any actual or alleged act, 33 error, or omission that occurred within the scope of Commission employ- 34 ment, duties, or responsibilities, or that the person against whom the 35 claim is made had a reasonable basis for believing occurred within the 36 scope of Commission employment, duties, or responsibilities; provided 37 that nothing herein shall be construed to prohibit that person from 38 retaining his or her own counsel; and provided further, that the actual 39 or alleged act, error, or omission did not result from that person's 40 intentional or willful or wanton misconduct. 41 3. The Commission shall indemnify and hold harmless any member, offi- 42 cer, executive director, employee, or representative of the Commission 43 for the amount of any settlement or judgment obtained against that 44 person arising out of any actual or alleged act, error or omission that 45 occurred within the scope of Commission employment, duties, or responsi- 46 bilities, or that person had a reasonable basis for believing occurred 47 within the scope of Commission employment, duties, or responsibilities, 48 provided that the actual or alleged act, error, or omission did not 49 result from the intentional or willful or wanton misconduct of that 50 person. 51 SECTION 9. 52 DATA SYSTEM 53 A. The Commission shall provide for the development, maintenance, and 54 utilization of a coordinated database and reporting system containingA. 7948 41 1 licensure, adverse action, and investigative information on all licensed 2 individuals in member states. 3 B. Notwithstanding any other provision of state law to the contrary, a 4 member state shall submit a uniform data set to the data system on all 5 individuals to whom this Compact is applicable as required by the rules 6 of the Commission, including: 7 1. Identifying information; 8 2. Licensure data; 9 3. Adverse actions against a license or compact privilege; 10 4. Non-confidential information related to alternative program partic- 11 ipation; 12 5. Any denial of application for licensure, and the reason(s) for 13 denial; and 14 6. Other information that may facilitate the administration of this 15 Compact, as determined by the rules of the Commission. 16 C. Investigative information pertaining to a licensee in any member 17 state shall only be available to other member states. 18 D. The Commission shall promptly notify all member states of any 19 adverse action taken against a licensee or an individual applying for a 20 license. Adverse action information pertaining to a licensee in any 21 member state shall be available to any other member state. 22 E. Member states contributing information to the data system may 23 designate information that may not be shared with the public without the 24 express permission of the contributing state. 25 F. Any information submitted to the data system that is subsequently 26 required to be expunged by the laws of the member state contributing the 27 information shall be removed from the data system. 28 SECTION 10. 29 RULEMAKING 30 A. The Commission shall exercise its rulemaking powers pursuant to the 31 criteria set forth in this Section and the rules adopted thereunder. 32 Rules and amendments shall become binding as of the date specified in 33 each rule or amendment. 34 B. If a majority of the legislatures of the member states rejects a 35 rule, by enactment of a statute or resolution in the same manner used to 36 adopt the Compact within 4 years of the date of adoption of the rule, 37 the rule shall have no further force and effect in any member state. 38 C. Rules or amendments to the rules shall be adopted at a regular or 39 special meeting of the Commission. 40 D. Prior to promulgation and adoption of a final rule or rules by the 41 Commission, and at least thirty (30) days in advance of the meeting at 42 which the rule shall be considered and voted upon, the Commission shall 43 file a Notice of Proposed Rulemaking: 44 1. On the website of the Commission or other publicly accessible plat- 45 form; and 46 2. On the website of each member state audiology or speech-language 47 pathology licensing board or other publicly accessible platform or the 48 publication in which each state would otherwise publish proposed rules. 49 E. The Notice of Proposed Rulemaking shall include: 50 1. The proposed time, date, and location of the meeting in which the 51 rule shall be considered and voted upon; 52 2. The text of the proposed rule or amendment and the reason for the 53 proposed rule;A. 7948 42 1 3. A request for comments on the proposed rule from any interested 2 person; and 3 4. The manner in which interested persons may submit notice to the 4 Commission of their intention to attend the public hearing and any writ- 5 ten comments. 6 F. Prior to the adoption of a proposed rule, the Commission shall 7 allow persons to submit written data, facts, opinions and arguments, 8 which shall be made available to the public. 9 G. The Commission shall grant an opportunity for a public hearing 10 before it adopts a rule or amendment if a hearing is requested by: 11 1. At least twenty-five (25) persons; 12 2. A state or federal governmental subdivision or agency; or 13 3. An association having at least twenty-five (25) members. 14 H. If a hearing is held on the proposed rule or amendment, the Commis- 15 sion shall publish the place, time, and date of the scheduled public 16 hearing. If the hearing is held via electronic means, the Commission 17 shall publish the mechanism for access to the electronic hearing. 18 1. All persons wishing to be heard at the hearing shall notify the 19 executive director of the Commission or other designated member in writ- 20 ing of their desire to appear and testify at the hearing not less than 21 five (5) business days before the scheduled date of the hearing. 22 2. Hearings shall be conducted in a manner providing each person who 23 wishes to comment a fair and reasonable opportunity to comment orally or 24 in writing. 25 3. All hearings shall be recorded. A copy of the recording shall be 26 made available on request. 27 4. Nothing in this section shall be construed as requiring a separate 28 hearing on each rule. Rules may be grouped for the convenience of the 29 Commission at hearings required by this section. 30 I. Following the scheduled hearing date, or by the close of business 31 on the scheduled hearing date if the hearing was not held, the Commis- 32 sion shall consider all written and oral comments received. 33 J. If no written notice of intent to attend the public hearing by 34 interested parties is received, the Commission may proceed with promul- 35 gation of the proposed rule without a public hearing. 36 K. The Commission shall, by majority vote of all members, take final 37 action on the proposed rule and shall determine the effective date of 38 the rule, if any, based on the rulemaking record and the full text of 39 the rule. 40 L. Upon determination that an emergency exists, the Commission may 41 consider and adopt an emergency rule without prior notice, opportunity 42 for comment, or hearing, provided that the usual rulemaking procedures 43 provided in the Compact and in this section shall be retroactively 44 applied to the rule as soon as reasonably possible, in no event later 45 than ninety (90) days after the effective date of the rule. For the 46 purposes of this provision, an emergency rule is one that must be 47 adopted immediately in order to: 48 1. Meet an imminent threat to public health, safety, or welfare; 49 2. Prevent a loss of Commission or member state funds; or 50 3. Meet a deadline for the promulgation of an administrative rule that 51 is established by federal law or rule. 52 M. The Commission or an authorized committee of the Commission may 53 direct revisions to a previously adopted rule or amendment for purposes 54 of correcting typographical errors, errors in format, errors in consist- 55 ency, or grammatical errors. Public notice of any revisions shall be 56 posted on the website of the Commission. The revision shall be subjectA. 7948 43 1 to challenge by any person for a period of thirty (30) days after post- 2 ing. The revision may be challenged only on grounds that the revision 3 results in a material change to a rule. A challenge shall be made in 4 writing and delivered to the chair of the Commission prior to the end of 5 the notice period. If no challenge is made, the revision shall take 6 effect without further action. If the revision is challenged, the 7 revision may not take effect without the approval of the Commission. 8 SECTION 11. 9 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 10 A. Dispute Resolution. 11 1. Upon request by a member state, the Commission shall attempt to 12 resolve disputes related to the Compact that arise among member states 13 and between member and non-member states. 14 2. The Commission shall promulgate a rule providing for both mediation 15 and binding dispute resolution for disputes as appropriate. 16 B. Enforcement. 17 1. The Commission, in the reasonable exercise of its discretion, shall 18 enforce the provisions and rules of this Compact. 19 2. By majority vote, the Commission may initiate legal action in the 20 United States District Court for the District of Columbia or the federal 21 district where the Commission has its principal offices against a member 22 state in default to enforce compliance with the provisions of the 23 Compact and its promulgated rules and bylaws. The relief sought may 24 include both injunctive relief and damages. In the event judicial 25 enforcement is necessary, the prevailing member shall be awarded all 26 costs of litigation, including reasonable attorney's fees. 27 3. The remedies herein shall not be the exclusive remedies of the 28 Commission. The Commission may pursue any other remedies available under 29 federal or state law. 30 SECTION 12. 31 DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR 32 AUDIOLOGY AND 33 SPEECH-LANGUAGE PATHOLOGY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND 34 AMENDMENT 35 A. The Compact shall come into effect on the date on which the Compact 36 statute is enacted into law in the 10th member state. The provisions, 37 which become effective at that time, shall be limited to the powers 38 granted to the Commission relating to assembly and the promulgation of 39 rules. Thereafter, the Commission shall meet and exercise rulemaking 40 powers necessary to the implementation and administration of the 41 Compact. 42 B. Any state that joins the Compact subsequent to the Commission's 43 initial adoption of the rules shall be subject to the rules as they 44 exist on the date on which the Compact becomes law in that state. Any 45 rule that has been previously adopted by the Commission shall have the 46 full force and effect of law on the day the Compact becomes law in that 47 state. 48 C. Any member state may withdraw from this Compact by enacting a stat- 49 ute repealing the same. 50 1. A member state's withdrawal shall not take effect until six (6) 51 months after enactment of the repealing statute.A. 7948 44 1 2. Withdrawal shall not affect the continuing requirement of the with- 2 drawing state's audiology or speech-language pathology licensing board 3 to comply with the investigative and adverse action reporting require- 4 ments of this act prior to the effective date of withdrawal. 5 D. Nothing contained in this Compact shall be construed to invalidate 6 or prevent any audiology or speech-language pathology licensure agree- 7 ment or other cooperative arrangement between a member state and a non- 8 member state that does not conflict with the provisions of this Compact. 9 E. This Compact may be amended by the member states. No amendment to 10 this Compact shall become effective and binding upon any member state 11 until it is enacted into the laws of all member states. 12 SECTION 13. 13 CONSTRUCTION AND SEVERABILITY 14 This Compact shall be liberally construed so as to effectuate the 15 purposes thereof. The provisions of this Compact shall be severable and 16 if any phrase, clause, sentence or provision of this Compact is declared 17 to be contrary to the constitution of any member state or of the United 18 States or the applicability thereof to any government, agency, person or 19 circumstance is held invalid, the validity of the remainder of this 20 Compact and the applicability thereof to any government, agency, person 21 or circumstance shall not be affected thereby. If this Compact shall be 22 held contrary to the constitution of any member state, the Compact shall 23 remain in full force and effect as to the remaining member states and in 24 full force and effect as to the member state affected as to all severa- 25 ble matters. 26 SECTION 14. 27 BINDING EFFECT OF COMPACT AND OTHER LAWS 28 A. Nothing herein prevents the enforcement of any other law of a 29 member state that is not inconsistent with the Compact. 30 B. All laws in a member state in conflict with the Compact are super- 31 seded to the extent of the conflict. 32 C. All lawful actions of the Commission, including all rules and 33 bylaws promulgated by the Commission, are binding upon the member 34 states. 35 D. All agreements between the Commission and the member states are 36 binding in accordance with their terms. 37 E. In the event any provision of the Compact exceeds the constitu- 38 tional limits imposed on the legislature of any member state, the 39 provision shall be ineffective to the extent of the conflict with the 40 constitutional provision in question in that member state. 41 § 2. This act shall take effect on the ninetieth day after it shall 42 have become a law. Effective immediately, the addition, amendment 43 and/or repeal of any rule or regulation necessary for the implementation 44 of this act on its effective date are authorized to be made and 45 completed on or before such effective date. 46 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 47 sion, section or part of this act shall be adjudged by any court of 48 competent jurisdiction to be invalid, such judgment shall not affect, 49 impair, or invalidate the remainder thereof, but shall be confined in 50 its operation to the clause, sentence, paragraph, subdivision, section 51 or part thereof directly involved in the controversy in which such judg- 52 ment shall have been rendered. It is hereby declared to be the intent ofA. 7948 45 1 the legislature that this act would have been enacted even if such 2 invalid provisions had not been included herein. 3 § 3. This act shall take effect immediately; provided, however, that 4 the applicable effective date of Parts A through C of this act shall be 5 as specifically set forth in the last section of such Parts.
