Illinois General Assembly - Full Text of SB1862
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Full Text of SB1862  102nd General Assembly

SB1862 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1862

 

Introduced 2/26/2021, by Sen. Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 75/22 new

    Amends the Illinois Occupational Therapy Practice Act. Provides that the State of Illinois ratifies and approves the Occupational Therapy Licensure Compact. Provides that the purpose of the Compact is to facilitate interstate practice of Occupational Therapy with the goal of improving public access to Occupational Therapy services, and states that the Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. The Compact contains provisions concerning definitions; state participation in the Compact; Compact privilege; obtaining a new home state license by virtue of Compact privileges; active duty military personnel and their spouses; adverse actions; establishment of the Occupational Therapy Compact Commission; a data system; rulemaking; oversight, dispute resolution, and enforcement; date of implementation of the Interstate Commission for Occupational Therapy Practice and associated rules, withdrawal, and amendment; construction and severability; and the binding effect of the Compact and other laws.


LRB102 15496 SPS 20859 b

 

 

A BILL FOR

 

SB1862LRB102 15496 SPS 20859 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Occupational Therapy Practice Act
5is amended by adding Section 22 as follows:
 
6    (225 ILCS 75/22 new)
7    Sec. 22. Occupational Therapy Licensure Compact. The State
8of Illinois ratifies and approves the following Compact:
 
9
OCCUPATIONAL THERAPY LICENSURE COMPACT

 
10SECTION 1. PURPOSE
11The purpose of this Compact is to facilitate interstate
12practice of Occupational Therapy with the goal of improving
13public access to Occupational Therapy services. The Practice
14of Occupational Therapy occurs in the State where the
15patient/client is located at the time of the patient/client
16encounter. The Compact preserves the regulatory authority of
17States to protect public health and safety through the current
18system of State licensure.
19This Compact is designed to achieve the following objectives:
20        A. Increase public access to Occupational Therapy
21    services by providing for the mutual recognition of other

 

 

SB1862- 2 -LRB102 15496 SPS 20859 b

1    Member State licenses;
2        B. Enhance the States' ability to protect the public's
3    health and safety;
4        C. Encourage the cooperation of Member States in
5    regulating multi-State Occupational Therapy Practice;
6        D. Support spouses of relocating military members;
7        E. Enhance the exchange of licensure, investigative,
8    and disciplinary information between Member States;
9        F. Allow a Remote State to hold a provider of services
10    with a Compact Privilege in that State accountable to that
11    State's practice standards; and
12        G. Facilitate the use of Telehealth technology in
13    order to increase access to Occupational Therapy services.
 
14SECTION 2. DEFINITIONS
15As used in this Compact, and except as otherwise provided, the
16following definitions shall apply:
17    A. "Active Duty Military" means full-time duty status in
18the active uniformed service of the United States, including
19members of the National Guard and Reserve on active duty
20orders pursuant to 10 U.S.C. Chapter 1209 and Section 1211.
21    B. "Adverse Action" means any administrative, civil,
22equitable, or criminal action permitted by a State's laws
23which is imposed by a Licensing Board or other authority
24against an Occupational Therapist or Occupational Therapy
25Assistant, including actions against an individual's license

 

 

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1or Compact Privilege such as censure, revocation, suspension,
2probation, monitoring of the Licensee, or restriction on the
3Licensee's practice.
4    C. "Alternative Program" means a non-disciplinary
5monitoring process approved by an Occupational Therapy
6Licensing Board.
7    D. "Compact Privilege" means the authorization, which is
8equivalent to a license, granted by a Remote State to allow a
9Licensee from another Member State to practice as an
10Occupational Therapist or practice as an Occupational Therapy
11Assistant in the Remote State under its laws and rules. The
12Practice of Occupational Therapy occurs in the Member State
13where the patient/client is located at the time of the
14patient/client encounter.
15    E. "Continuing Competence/Education" means a requirement,
16as a condition of license renewal, to provide evidence of
17participation in, and/or completion of, educational and
18professional activities relevant to practice or area of work.
19    F. "Current Significant Investigative Information" means
20Investigative Information that a Licensing Board, after an
21inquiry or investigation that includes notification and an
22opportunity for the Occupational Therapist or Occupational
23Therapy Assistant to respond, if required by State law, has
24reason to believe is not groundless and, if proved true, would
25indicate more than a minor infraction.
26    G. "Data System" means a repository of information about

 

 

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1Licensees, including but not limited to license status,
2Investigative Information, Compact Privileges, and Adverse
3Actions.
4    H. "Encumbered License" means a license in which an
5Adverse Action restricts the Practice of Occupational Therapy
6by the Licensee or said Adverse Action has been reported to the
7National Practitioners Data Bank (NPDB).
8    I. "Executive Committee" means a group of directors
9elected or appointed to act on behalf of, and within the powers
10granted to them by, the Commission.
11    J. "Home State" means the Member State that is the
12Licensee's Primary State of Residence.
13    K. "Impaired Practitioner" means individuals whose
14professional practice is adversely affected by substance
15abuse, addiction, or other health-related conditions.
16    L. "Investigative Information" means information, records,
17and/or documents received or generated by an Occupational
18Therapy Licensing Board pursuant to an investigation.
19    M. "Jurisprudence Requirement" means the assessment of an
20individual's knowledge of the laws and rules governing the
21Practice of Occupational Therapy in a State.
22    N. "Licensee" means an individual who currently holds an
23authorization from the State to practice as an Occupational
24Therapist or as an Occupational Therapy Assistant.
25    O. "Member State" means a State that has enacted the
26Compact.

 

 

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1    P. "Occupational Therapist" means an individual who is
2licensed by a State to practice Occupational Therapy.
3    Q. "Occupational Therapy Assistant" means an individual
4who is licensed by a State to assist in the Practice of
5Occupational Therapy.
6    R. "Occupational Therapy," "Occupational Therapy
7Practice," and the "Practice of Occupational Therapy" mean the
8care and services provided by an Occupational Therapist or an
9Occupational Therapy Assistant as set forth in the Member
10State's statutes and regulations.
11    S. "Occupational Therapy Compact Commission" or
12"Commission" means the national administrative body whose
13membership consists of all States that have enacted the
14Compact.
15    T. "Occupational Therapy Licensing Board" or "Licensing
16Board" means the agency of a State that is authorized to
17license and regulate Occupational Therapists and Occupational
18Therapy Assistants.
19    U. "Primary State of Residence" means the state (also
20known as the Home State) in which an Occupational Therapist or
21Occupational Therapy Assistant who is not Active Duty Military
22declares a primary residence for legal purposes as verified
23by: driver's license, federal income tax return, lease, deed,
24mortgage or voter registration or other verifying
25documentation as further defined by Commission Rules.
26    V. "Remote State" means a Member State other than the Home

 

 

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1State, where a Licensee is exercising or seeking to exercise
2the Compact Privilege.
3    W. "Rule" means a regulation promulgated by the Commission
4that has the force of law.
5    X. "State" means any state, commonwealth, district, or
6territory of the United States of America that regulates the
7Practice of Occupational Therapy.
8    Y. "Single-State License" means an Occupational Therapist
9or Occupational Therapy Assistant license issued by a Member
10State that authorizes practice only within the issuing State
11and does not include a Compact Privilege in any other Member
12State.
13    Z. "Telehealth" means the application of telecommunication
14technology to deliver Occupational Therapy services for
15assessment, intervention and/or consultation.
 
16SECTION 3. STATE PARTICIPATION IN THE COMPACT
17    A. To participate in the Compact, a Member State shall:
18        1. License Occupational Therapists and Occupational
19    Therapy Assistants
20        2. Participate fully in the Commission's Data System,
21    including but not limited to using the Commission's unique
22    identifier as defined in Rules of the Commission;
23        3. Have a mechanism in place for receiving and
24    investigating complaints about Licensees;
25        4. Notify the Commission, in compliance with the terms

 

 

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1    of the Compact and Rules, of any Adverse Action or the
2    availability of Investigative Information regarding a
3    Licensee;
4        5. Implement or utilize procedures for considering the
5    criminal history records of applicants for an initial
6    Compact Privilege. These procedures shall include the
7    submission of fingerprints or other biometric-based
8    information by applicants for the purpose of obtaining an
9    applicant's criminal history record information from the
10    Federal Bureau of Investigation and the agency responsible
11    for retaining that State's criminal records;
12            a. A Member State shall, within a time frame
13        established by the Commission, require a criminal
14        background check for a Licensee seeking/applying for a
15        Compact Privilege whose Primary State of Residence is
16        that Member State, by receiving the results of the
17        Federal Bureau of Investigation criminal record
18        search, and shall use the results in making licensure
19        decisions.
20            b. Communication between a Member State, the
21        Commission and among Member States regarding the
22        verification of eligibility for licensure through the
23        Compact shall not include any information received
24        from the Federal Bureau of Investigation relating to a
25        federal criminal records check performed by a Member
26        State under Public Law 92-544.

 

 

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1        6. Comply with the Rules of the Commission;
2        7. Utilize only a recognized national examination as a
3    requirement for licensure pursuant to the Rules of the
4    Commission; and
5        8. Have Continuing Competence/Education requirements
6    as a condition for license renewal.
7    B. A Member State shall grant the Compact Privilege to a
8Licensee holding a valid unencumbered license in another
9Member State in accordance with the terms of the Compact and
10Rules.
11    C. Member States may charge a fee for granting a Compact
12Privilege.
13    D. A Member State shall provide for the State's delegate
14to attend all Occupational Therapy Compact Commission
15meetings.
16    E. Individuals not residing in a Member State shall
17continue to be able to apply for a Member State's Single-State
18License as provided under the laws of each Member State.
19However, the Single-State License granted to these individuals
20shall not be recognized as granting the Compact Privilege in
21any other Member State.
22    F. Nothing in this Compact shall affect the requirements
23established by a Member State for the issuance of a
24Single-State License.
 
25SECTION 4. COMPACT PRIVILEGE

 

 

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1    A. To exercise the Compact Privilege under the terms and
2provisions of the Compact, the Licensee shall:
3        1. Hold a license in the Home State;
4        2. Have a valid United States Social Security Number
5    or National Practitioner Identification number;
6        3. Have no encumbrance on any State license;
7        4. Be eligible for a Compact Privilege in any Member
8    State in accordance with Section 4D, F, G, and H;
9        5. Have paid all fines and completed all requirements
10    resulting from any Adverse Action against any license or
11    Compact Privilege, and two years have elapsed from the
12    date of such completion;
13        6. Notify the Commission that the Licensee is seeking
14    the Compact Privilege within a Remote State(s);
15        7. Pay any applicable fees, including any State fee,
16    for the Compact Privilege;
17        8. Complete a criminal background check in accordance
18    with Section 3A(5);
19            a. The Licensee shall be responsible for the
20        payment of any fee associated with the completion of a
21        criminal background check.
22        9. Meet any Jurisprudence Requirements established by
23    the Remote State(s) in which the Licensee is seeking a
24    Compact Privilege; and
25        10. Report to the Commission Adverse Action taken by
26    any non-Member State within 30 days from the date the

 

 

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1    Adverse Action is taken.
2    B. The Compact Privilege is valid until the expiration
3date of the Home State license. The Licensee must comply with
4the requirements of Section 4A to maintain the Compact
5Privilege in the Remote State.
6    C. A Licensee providing Occupational Therapy in a Remote
7State under the Compact Privilege shall function within the
8laws and regulations of the Remote State.
9    D. Occupational Therapy Assistants practicing in a Remote
10State shall be supervised by an Occupational Therapist
11licensed or holding a Compact Privilege in that Remote State.
12    E. A Licensee providing Occupational Therapy in a Remote
13State is subject to that State's regulatory authority. A
14Remote State may, in accordance with due process and that
15State's laws, remove a Licensee's Compact Privilege in the
16Remote State for a specific period of time, impose fines,
17and/or take any other necessary actions to protect the health
18and safety of its citizens. The Licensee may be ineligible for
19a Compact Privilege in any State until the specific time for
20removal has passed and all fines are paid.
21    F. If a Home State license is encumbered, the Licensee
22shall lose the Compact Privilege in any Remote State until the
23following occur:
24        1. The Home State license is no longer encumbered; and
25        2. Two years have elapsed from the date on which the
26    Home State license is no longer encumbered in accordance

 

 

SB1862- 11 -LRB102 15496 SPS 20859 b

1    with Section 4(F)(1).
2    G. Once an Encumbered License in the Home State is
3restored to good standing, the Licensee must meet the
4requirements of Section 4A to obtain a Compact Privilege in
5any Remote State.
6    H. If a Licensee's Compact Privilege in any Remote State
7is removed, the individual may lose the Compact Privilege in
8any other Remote State until the following occur:
9        1. The specific period of time for which the Compact
10    Privilege was removed has ended;
11        2. All fines have been paid and all conditions have
12    been met;
13        3. Two years have elapsed from the date of completing
14    requirements for 4(H)(1) and (2); and
15        4. The Compact Privileges are reinstated by the
16    Commission, and the compact Data System is updated to
17    reflect reinstatement.
18    I. If a Licensee's Compact Privilege in any Remote State
19is removed due to an erroneous charge, privileges shall be
20restored through the compact Data System.
21    J. Once the requirements of Section 4H have been met, the
22license must meet the requirements in Section 4A to obtain a
23Compact Privilege in a Remote State.
 
24SECTION 5: OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF
25COMPACT PRIVILEGE

 

 

SB1862- 12 -LRB102 15496 SPS 20859 b

1    A. An Occupational Therapist or Occupational Therapy
2Assistant may hold a Home State license, which allows for
3Compact Privileges in Member States, in only one Member State
4at a time.
5    B. If an Occupational Therapist or Occupational Therapy
6Assistant changes Primary State of Residence by moving between
7two Member States:
8        1. The Occupational Therapist or Occupational Therapy
9    Assistant shall file an application for obtaining a new
10    Home State license by virtue of a Compact Privilege, pay
11    all applicable fees, and notify the current and new Home
12    State in accordance with applicable Rules adopted by the
13    Commission.
14        2. Upon receipt of an application for obtaining a new
15    Home State license by virtue of compact privilege, the new
16    Home State shall verify that the Occupational Therapist or
17    Occupational Therapy Assistant meets the pertinent
18    criteria outlined in Section 4 via the Data System,
19    without need for primary source verification except for:
20            a. an FBI fingerprint based criminal background
21        check if not previously performed or updated pursuant
22        to applicable Rules adopted by the Commission in
23        accordance with Public Law 92-544;
24            b. other criminal background check as required by
25        the new Home State; and
26            c. submission of any requisite Jurisprudence

 

 

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1        Requirements of the new Home State.
2        3. The former Home State shall convert the former Home
3    State license into a Compact Privilege once the new Home
4    State has activated the new Home State license in
5    accordance with applicable Rules adopted by the
6    Commission.
7        4. Notwithstanding any other provision of this
8    Compact, if the Occupational Therapist or Occupational
9    Therapy Assistant cannot meet the criteria in Section 4,
10    the new Home State shall apply its requirements for
11    issuing a new Single-State License.
12        5. The Occupational Therapist or the Occupational
13    Therapy Assistant shall pay all applicable fees to the new
14    Home State in order to be issued a new Home State license.
15    C. If an Occupational Therapist or Occupational Therapy
16Assistant changes Primary State of Residence by moving from a
17Member State to a non-Member State, or from a non-Member State
18to a Member State, the State criteria shall apply for issuance
19of a Single-State License in the new State.
20    D. Nothing in this compact shall interfere with a
21Licensee's ability to hold a Single-State License in multiple
22States; however, for the purposes of this compact, a Licensee
23shall have only one Home State license.
24    E. Nothing in this Compact shall affect the requirements
25established by a Member State for the issuance of a
26Single-State License.
 

 

 

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1SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
2    A. Active Duty Military personnel, or their spouses, shall
3designate a Home State where the individual has a current
4license in good standing. The individual may retain the Home
5State designation during the period the service member is on
6active duty. Subsequent to designating a Home State, the
7individual shall only change their Home State through
8application for licensure in the new State or through the
9process described in Section 5.
 
10SECTION 7. ADVERSE ACTIONS
11    A. A Home State shall have exclusive power to impose
12Adverse Action against an Occupational Therapist's or
13Occupational Therapy Assistant's license issued by the Home
14State.
15    B. In addition to the other powers conferred by State law,
16a Remote State shall have the authority, in accordance with
17existing State due process law, to:
18        1. Take Adverse Action against an Occupational
19    Therapist's or Occupational Therapy Assistant's Compact
20    Privilege within that Member State.
21        2. Issue subpoenas for both hearings and
22    investigations that require the attendance and testimony
23    of witnesses as well as the production of evidence.
24    Subpoenas issued by a Licensing Board in a Member State

 

 

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1    for the attendance and testimony of witnesses or the
2    production of evidence from another Member State shall be
3    enforced in the latter State by any court of competent
4    jurisdiction, according to the practice and procedure of
5    that court applicable to subpoenas issued in proceedings
6    pending before it. The issuing authority shall pay any
7    witness fees, travel expenses, mileage and other fees
8    required by the service statutes of the State in which the
9    witnesses or evidence are located.
10    C. For purposes of taking Adverse Action, the Home State
11shall give the same priority and effect to reported conduct
12received from a Member State as it would if the conduct had
13occurred within the Home State. In so doing, the Home State
14shall apply its own State laws to determine appropriate
15action.
16    D. The Home State shall complete any pending
17investigations of an Occupational Therapist or Occupational
18Therapy Assistant who changes Primary State of Residence
19during the course of the investigations. The Home State, where
20the investigations were initiated, shall also have the
21authority to take appropriate action(s) and shall promptly
22report the conclusions of the investigations to the OT Compact
23Commission Data System. The Occupational Therapy Compact
24Commission Data System administrator shall promptly notify the
25new Home State of any Adverse Actions.
26    E. A Member State, if otherwise permitted by State law,

 

 

SB1862- 16 -LRB102 15496 SPS 20859 b

1may recover from the affected Occupational Therapist or
2Occupational Therapy Assistant the costs of investigations and
3disposition of cases resulting from any Adverse Action taken
4against that Occupational Therapist or Occupational Therapy
5Assistant.
6    F. A Member State may take Adverse Action based on the
7factual findings of the Remote State, provided that the Member
8State follows its own procedures for taking the Adverse
9Action.
10    G. Joint Investigations
11        1. In addition to the authority granted to a Member
12    State by its respective State Occupational Therapy laws
13    and regulations or other applicable State law, any Member
14    State may participate with other Member States in joint
15    investigations of Licensees.
16        2. Member States shall share any investigative,
17    litigation, or compliance materials in furtherance of any
18    joint or individual investigation initiated under the
19    Compact.
20    H. If an Adverse Action is taken by the Home State against
21an Occupational Therapist's or Occupational Therapy
22Assistant's license, the Occupational Therapist's or
23Occupational Therapy Assistant's Compact Privilege in all
24other Member States shall be deactivated until all
25encumbrances have been removed from the State license. All
26Home State disciplinary orders that impose Adverse Action

 

 

SB1862- 17 -LRB102 15496 SPS 20859 b

1against an Occupational Therapist's or Occupational Therapy
2Assistant's license shall include a Statement that the
3Occupational Therapist's or Occupational Therapy Assistant's
4Compact Privilege is deactivated in all Member States during
5the pendency of the order.
6    I. If a Member State takes Adverse Action, it shall
7promptly notify the administrator of the Data System. The
8administrator of the Data System shall promptly notify the
9Home State of any Adverse Actions by Remote States.
10    J. Nothing in this Compact shall override a Member State's
11decision that participation in an Alternative Program may be
12used in lieu of Adverse Action.
 
13SECTION 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT
14COMMISSION
15    A. The Compact Member States hereby create and establish a
16joint public agency known as the Occupational Therapy Compact
17Commission:
18        1. The Commission is an instrumentality of the Compact
19    States.
20        2. Venue is proper and judicial proceedings by or
21    against the Commission shall be brought solely and
22    exclusively in a court of competent jurisdiction where the
23    principal office of the Commission is located. The
24    Commission may waive venue and jurisdictional defenses to
25    the extent it adopts or consents to participate in

 

 

SB1862- 18 -LRB102 15496 SPS 20859 b

1    alternative dispute resolution proceedings.
2        3. Nothing in this Compact shall be construed to be a
3    waiver of sovereign immunity.
4    B. Membership, Voting, and Meetings
5        1. Each Member State shall have and be limited to one
6    (1) delegate selected by that Member State's Licensing
7    Board.
8        2. The delegate shall be either:
9            a. A current member of the Licensing Board, who is
10        an Occupational Therapist, Occupational Therapy
11        Assistant, or public member; or
12            b. An administrator of the Licensing Board.
13        3. Any delegate may be removed or suspended from
14    office as provided by the law of the State from which the
15    delegate is appointed.
16        4. The Member State board shall fill any vacancy
17    occurring in the Commission within 90 days.
18        5. Each delegate shall be entitled to one (1) vote
19    with regard to the promulgation of Rules and creation of
20    bylaws and shall otherwise have an opportunity to
21    participate in the business and affairs of the Commission.
22    A delegate shall vote in person or by such other means as
23    provided in the bylaws. The bylaws may provide for
24    delegates' participation in meetings by telephone or other
25    means of communication.
26        6. The Commission shall meet at least once during each

 

 

SB1862- 19 -LRB102 15496 SPS 20859 b

1    calendar year. Additional meetings shall be held as set
2    forth in the bylaws.
3        7. The Commission shall establish by Rule a term of
4    office for delegates.
5    C. The Commission shall have the following powers and
6duties:
7        1. Establish a Code of Ethics for the Commission;
8        2. Establish the fiscal year of the Commission;
9        3. Establish bylaws;
10        4. Maintain its financial records in accordance with
11    the bylaws;
12        5. Meet and take such actions as are consistent with
13    the provisions of this Compact and the bylaws;
14        6. Promulgate uniform Rules to facilitate and
15    coordinate implementation and administration of this
16    Compact. The Rules shall have the force and effect of law
17    and shall be binding in all Member States;
18        7. Bring and prosecute legal proceedings or actions in
19    the name of the Commission, provided that the standing of
20    any State Occupational Therapy Licensing Board to sue or
21    be sued under applicable law shall not be affected;
22        8. Purchase and maintain insurance and bonds;
23        9. Borrow, accept, or contract for services of
24    personnel, including, but not limited to, employees of a
25    Member State;
26        10. Hire employees, elect or appoint officers, fix

 

 

SB1862- 20 -LRB102 15496 SPS 20859 b

1    compensation, define duties, grant such individuals
2    appropriate authority to carry out the purposes of the
3    Compact, and establish the Commission's personnel policies
4    and programs relating to conflicts of interest,
5    qualifications of personnel, and other related personnel
6    matters;
7        11. Accept any and all appropriate donations and
8    grants of money, equipment, supplies, materials and
9    services, and receive, utilize and dispose of the same;
10    provided that at all times the Commission shall avoid any
11    appearance of impropriety and/or conflict of interest;
12        12. Lease, purchase, accept appropriate gifts or
13    donations of, or otherwise own, hold, improve or use, any
14    property, real, personal or mixed; provided that at all
15    times the Commission shall avoid any appearance of
16    impropriety;
17        13. Sell, convey, mortgage, pledge, lease, exchange,
18    abandon, or otherwise dispose of any property real,
19    personal, or mixed;
20        14. Establish a budget and make expenditures;
21        15. Borrow money;
22        16. Appoint committees, including standing committees
23    composed of members, State regulators, State legislators
24    or their representatives, and consumer representatives,
25    and such other interested persons as may be designated in
26    this Compact and the bylaws;

 

 

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1        17. Provide and receive information from, and
2    cooperate with, law enforcement agencies;
3        18. Establish and elect an Executive Committee; and
4        19. Perform such other functions as may be necessary
5    or appropriate to achieve the purposes of this Compact
6    consistent with the State regulation of Occupational
7    Therapy licensure and practice.
8    D. The Executive Committee
9    The Executive Committee shall have the power to act on
10behalf of the Commission according to the terms of this
11Compact.
12        1. The Executive Committee shall be composed of nine
13    members:
14            a. Seven voting members who are elected by the
15        Commission from the current membership of the
16        Commission;
17            b. One ex-officio, nonvoting member from a
18        recognized national Occupational Therapy professional
19        association; and
20            c. One ex-officio, nonvoting member from a
21        recognized national Occupational Therapy certification
22        organization.
23        2. The ex-officio members will be selected by their
24    respective organizations.
25        3. The Commission may remove any member of the
26    Executive Committee as provided in bylaws.

 

 

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1        4. The Executive Committee shall meet at least
2    annually.
3        5. The Executive Committee shall have the following
4    Duties and responsibilities:
5            a. Recommend to the entire Commission changes to
6        the Rules or bylaws, changes to this Compact
7        legislation, fees paid by Compact Member States such
8        as annual dues, and any Commission Compact fee charged
9        to Licensees for the Compact Privilege;
10            b. Ensure Compact administration services are
11        appropriately provided, contractual or otherwise;
12            c. Prepare and recommend the budget;
13            d. Maintain financial records on behalf of the
14        Commission;
15            e. Monitor Compact compliance of Member States and
16        provide compliance reports to the Commission;
17            f. Establish additional committees as necessary;
18        and
19            g. Perform other duties as provided in Rules or
20        bylaws.
21    E. Meetings of the Commission
22        1. All meetings shall be open to the public, and
23    public notice of meetings shall be given in the same
24    manner as required under the Rulemaking provisions in
25    Section 10.
26        2. The Commission or the Executive Committee or other

 

 

SB1862- 23 -LRB102 15496 SPS 20859 b

1    committees of the Commission may convene in a closed,
2    non-public meeting if the Commission or Executive
3    Committee or other committees of the Commission must
4    discuss:
5            a. Non-compliance of a Member State with its
6        obligations under the Compact;
7            b. The employment, compensation, discipline or
8        other matters, practices or procedures related to
9        specific employees or other matters related to the
10        Commission's internal personnel practices and
11        procedures;
12            c. Current, threatened, or reasonably anticipated
13        litigation;
14            d. Negotiation of contracts for the purchase,
15        lease, or sale of goods, services, or real estate;
16            e. Accusing any person of a crime or formally
17        censuring any person;
18            f. Disclosure of trade secrets or commercial or
19        financial information that is privileged or
20        confidential;
21            g. Disclosure of information of a personal nature
22        where disclosure would constitute a clearly
23        unwarranted invasion of personal privacy;
24            h. Disclosure of investigative records compiled
25        for law enforcement purposes;
26            i. Disclosure of information related to any

 

 

SB1862- 24 -LRB102 15496 SPS 20859 b

1        investigative reports prepared by or on behalf of or
2        for use of the Commission or other committee charged
3        with responsibility of investigation or determination
4        of compliance issues pursuant to the Compact; or
5            j. Matters specifically exempted from disclosure
6        by federal or Member State statute.
7        3. If a meeting, or portion of a meeting, is closed
8    pursuant to this provision, the Commission's legal counsel
9    or designee shall certify that the meeting may be closed
10    and shall reference each relevant exempting provision.
11        4. The Commission shall keep minutes that fully and
12    clearly describe all matters discussed in a meeting and
13    shall provide a full and accurate summary of actions
14    taken, and the reasons therefore, including a description
15    of the views expressed. All documents considered in
16    connection with an action shall be identified in such
17    minutes. All minutes and documents of a closed meeting
18    shall remain under seal, subject to release by a majority
19    vote of the Commission or order of a court of competent
20    jurisdiction.
21    F. Financing of the Commission
22        1. The Commission shall pay, or provide for the
23    payment of, the reasonable expenses of its establishment,
24    organization, and ongoing activities.
25        2. The Commission may accept any and all appropriate
26    revenue sources, donations, and grants of money,

 

 

SB1862- 25 -LRB102 15496 SPS 20859 b

1    equipment, supplies, materials, and services.
2        3. The Commission may levy on and collect an annual
3    assessment from each Member State or impose fees on other
4    parties to cover the cost of the operations and activities
5    of the Commission and its staff, which must be in a total
6    amount sufficient to cover its annual budget as approved
7    by the Commission each year for which revenue is not
8    provided by other sources. The aggregate annual assessment
9    amount shall be allocated based upon a formula to be
10    determined by the Commission, which shall promulgate a
11    Rule binding upon all Member States.
12        4. The Commission shall not incur obligations of any
13    kind prior to securing the funds adequate to meet the
14    same; nor shall the Commission pledge the credit of any of
15    the Member States, except by and with the authority of the
16    Member State.
17        5. The Commission shall keep accurate accounts of all
18    receipts and disbursements. The receipts and disbursements
19    of the Commission shall be subject to the audit and
20    accounting procedures established under its bylaws.
21    However, all receipts and disbursements of funds handled
22    by the Commission shall be audited yearly by a certified
23    or licensed public accountant, and the report of the audit
24    shall be included in and become part of the annual report
25    of the Commission.
26    G. Qualified Immunity, Defense, and Indemnification

 

 

SB1862- 26 -LRB102 15496 SPS 20859 b

1        1. The members, officers, executive director,
2    employees and representatives of the Commission shall be
3    immune from suit and liability, either personally or in
4    their official capacity, for any claim for damage to or
5    loss of property or personal injury or other civil
6    liability caused by or arising out of any actual or
7    alleged act, error or omission that occurred, or that the
8    person against whom the claim is made had a reasonable
9    basis for believing occurred within the scope of
10    Commission employment, duties or responsibilities;
11    provided that nothing in this paragraph shall be construed
12    to protect any such person from suit and/or liability for
13    any damage, loss, injury, or liability caused by the
14    intentional or willful or wanton misconduct of that
15    person.
16        2. The Commission shall defend any member, officer,
17    executive director, employee, or representative of the
18    Commission in any civil action seeking to impose liability
19    arising out of any actual or alleged act, error, or
20    omission that occurred within the scope of Commission
21    employment, duties, or responsibilities, or that the
22    person against whom the claim is made had a reasonable
23    basis for believing occurred within the scope of
24    Commission employment, duties, or responsibilities;
25    provided that nothing herein shall be construed to
26    prohibit that person from retaining his or her own

 

 

SB1862- 27 -LRB102 15496 SPS 20859 b

1    counsel; and provided further, that the actual or alleged
2    act, error, or omission did not result from that person's
3    intentional or willful or wanton misconduct.
4        3. The Commission shall indemnify and hold harmless
5    any member, officer, executive director, employee, or
6    representative of the Commission for the amount of any
7    settlement or judgment obtained against that person
8    arising out of any actual or alleged act, error or
9    omission that occurred within the scope of Commission
10    employment, duties, or responsibilities, or that such
11    person had a reasonable basis for believing occurred
12    within the scope of Commission employment, duties, or
13    responsibilities, provided that the actual or alleged act,
14    error, or omission did not result from the intentional or
15    willful or wanton misconduct of that person.
 
16SECTION 9. DATA SYSTEM
17    A. The Commission shall provide for the development,
18maintenance, and utilization of a coordinated database and
19reporting system containing licensure, Adverse Action, and
20Investigative Information on all licensed individuals in
21Member States.
22    B. A Member State shall submit a uniform data set to the
23Data System on all individuals to whom this Compact is
24applicable (utilizing a unique identifier) as required by the
25Rules of the Commission, including:

 

 

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1        1. Identifying information;
2        2. Licensure data;
3        3. Adverse Actions against a license or Compact
4    Privilege;
5        4. Non-confidential information related to Alternative
6    Program participation;
7        5. Any denial of application for licensure, and the
8    reason(s) for such denial;
9        6. Other information that may facilitate the
10    administration of this Compact, as determined by the Rules
11    of the Commission; and
12        7. Current Significant Investigative Information.
13    C. Current Significant Investigative Information and other
14Investigative Information pertaining to a Licensee in any
15Member State will only be available to other Member States.
16    D. The Commission shall promptly notify all Member States
17of any Adverse Action taken against a Licensee or an
18individual applying for a license. Adverse Action information
19pertaining to a Licensee in any Member State will be available
20to any other Member State.
21    E. Member States contributing information to the Data
22System may designate information that may not be shared with
23the public without the express permission of the contributing
24State.
25    F. Any information submitted to the Data System that is
26subsequently required to be expunged by the laws of the Member

 

 

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1State contributing the information shall be removed from the
2Data System.
 
3SECTION 10. RULEMAKING
4    A. The Commission shall exercise its Rulemaking powers
5pursuant to the criteria set forth in this Section and the
6Rules adopted thereunder. Rules and amendments shall become
7binding as of the date specified in each Rule or amendment.
8    B. The Commission shall promulgate reasonable rules in
9order to effectively and efficiently achieve the purposes of
10the Compact. Notwithstanding the foregoing, in the event the
11Commission exercises its rulemaking authority in a manner that
12is beyond the scope of the purposes of the Compact, or the
13powers granted hereunder, then such an action by the
14Commission shall be invalid and have no force and effect.
15    C. If a majority of the legislatures of the Member States
16rejects a Rule, by enactment of a statute or resolution in the
17same manner used to adopt the Compact within 4 years of the
18date of adoption of the Rule, then such Rule shall have no
19further force and effect in any Member State.
20    D. Rules or amendments to the Rules shall be adopted at a
21regular or special meeting of the Commission.
22    E. Prior to promulgation and adoption of a final Rule or
23Rules by the Commission, and at least thirty (30) days in
24advance of the meeting at which the Rule will be considered and
25voted upon, the Commission shall file a Notice of Proposed

 

 

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1Rulemaking:
2        1. On the website of the Commission or other publicly
3    accessible platform; and
4        2. On the website of each Member State Occupational
5    Therapy Licensing Board or other publicly accessible
6    platform or the publication in which each State would
7    otherwise publish proposed Rules.
8    F. The Notice of Proposed Rulemaking shall include:
9        1. The proposed time, date, and location of the
10    meeting in which the Rule will be considered and voted
11    upon;
12        2. The text of the proposed Rule or amendment and the
13    reason for the proposed Rule;
14        3. A request for comments on the proposed Rule from
15    any interested person; and
16        4. The manner in which interested persons may submit
17    notice to the Commission of their intention to attend the
18    public hearing and any written comments.
19    G. Prior to adoption of a proposed Rule, the Commission
20shall allow persons to submit written data, facts, opinions,
21and arguments, which shall be made available to the public.
22    H. The Commission shall grant an opportunity for a public
23hearing before it adopts a Rule or amendment if a hearing is
24requested by:
25        1. At least twenty five (25) persons;
26        2. A State or federal governmental subdivision or

 

 

SB1862- 31 -LRB102 15496 SPS 20859 b

1    agency; or
2        3. An association or organization having at least
3    twenty five (25) members.
4    I. If a hearing is held on the proposed Rule or amendment,
5the Commission shall publish the place, time, and date of the
6scheduled public hearing. If the hearing is held via
7electronic means, the Commission shall publish the mechanism
8for access to the electronic hearing.
9        1. All persons wishing to be heard at the hearing
10    shall notify the executive director of the Commission or
11    other designated member in writing of their desire to
12    appear and testify at the hearing not less than five (5)
13    business days before the scheduled date of the hearing.
14        2. Hearings shall be conducted in a manner providing
15    each person who wishes to comment a fair and reasonable
16    opportunity to comment orally or in writing.
17        3. All hearings will be recorded. A copy of the
18    recording will be made available on request.
19        4. Nothing in this section shall be construed as
20    requiring a separate hearing on each Rule. Rules may be
21    grouped for the convenience of the Commission at hearings
22    required by this section.
23    J. Following the scheduled hearing date, or by the close
24of business on the scheduled hearing date if the hearing was
25not held, the Commission shall consider all written and oral
26comments received.

 

 

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1    K. If no written notice of intent to attend the public
2hearing by interested parties is received, the Commission may
3proceed with promulgation of the proposed Rule without a
4public hearing.
5    L. The Commission shall, by majority vote of all members,
6take final action on the proposed Rule and shall determine the
7effective date of the Rule, if any, based on the Rulemaking
8record and the full text of the Rule.
9    M. Upon determination that an emergency exists, the
10Commission may consider and adopt an emergency Rule without
11prior notice, opportunity for comment, or hearing, provided
12that the usual Rulemaking procedures provided in the Compact
13and in this section shall be retroactively applied to the Rule
14as soon as reasonably possible, in no event later than ninety
15(90) days after the effective date of the Rule. For the
16purposes of this provision, an emergency Rule is one that must
17be adopted immediately in order to:
18        1. Meet an imminent threat to public health, safety,
19    or welfare;
20        2. Prevent a loss of Commission or Member State funds;
21        3. Meet a deadline for the promulgation of an
22    administrative Rule that is established by federal law or
23    Rule; or
24        4. Protect public health and safety.
25    N. The Commission or an authorized committee of the
26Commission may direct revisions to a previously adopted Rule

 

 

SB1862- 33 -LRB102 15496 SPS 20859 b

1or amendment for purposes of correcting typographical errors,
2errors in format, errors in consistency, or grammatical
3errors. Public notice of any revisions shall be posted on the
4website of the Commission. The revision shall be subject to
5challenge by any person for a period of thirty (30) days after
6posting. The revision may be challenged only on grounds that
7the revision results in a material change to a Rule. A
8challenge shall be made in writing and delivered to the chair
9of the Commission prior to the end of the notice period. If no
10challenge is made, the revision will take effect without
11further action. If the revision is challenged, the revision
12may not take effect without the approval of the Commission.
 
13SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
14    A. Oversight
15        1. The executive, legislative, and judicial branches
16    of State government in each Member State shall enforce
17    this Compact and take all actions necessary and
18    appropriate to effectuate the Compact's purposes and
19    intent. The provisions of this Compact and the Rules
20    promulgated hereunder shall have standing as statutory
21    law.
22        2. All courts shall take judicial notice of the
23    Compact and the Rules in any judicial or administrative
24    proceeding in a Member State pertaining to the subject
25    matter of this Compact which may affect the powers,

 

 

SB1862- 34 -LRB102 15496 SPS 20859 b

1    responsibilities, or actions of the Commission.
2        3. The Commission shall be entitled to receive service
3    of process in any such proceeding, and shall have standing
4    to intervene in such a proceeding for all purposes.
5    Failure to provide service of process to the Commission
6    shall render a judgment or order void as to the
7    Commission, this Compact, or promulgated Rules.
8    B. Default, Technical Assistance, and Termination
9        1. If the Commission determines that a Member State
10    has defaulted in the performance of its obligations or
11    responsibilities under this Compact or the promulgated
12    Rules, the Commission shall:
13            a. Provide written notice to the defaulting State
14        and other Member States of the nature of the default,
15        the proposed means of curing the default and/or any
16        other action to be taken by the Commission; and
17            b. Provide remedial training and specific
18        technical assistance regarding the default.
19        2. If a State in default fails to cure the default, the
20    defaulting State may be terminated from the Compact upon
21    an affirmative vote of a majority of the Member States,
22    and all rights, privileges and benefits conferred by this
23    Compact may be terminated on the effective date of
24    termination. A cure of the default does not relieve the
25    offending State of obligations or liabilities incurred
26    during the period of default.

 

 

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1        3. Termination of membership in the Compact shall be
2    imposed only after all other means of securing compliance
3    have been exhausted. Notice of intent to suspend or
4    terminate shall be given by the Commission to the
5    governor, the majority and minority leaders of the
6    defaulting State's legislature, and each of the Member
7    States.
8        4. A State that has been terminated is responsible for
9    all assessments, obligations, and liabilities incurred
10    through the effective date of termination, including
11    obligations that extend beyond the effective date of
12    termination.
13        5. The Commission shall not bear any costs related to
14    a State that is found to be in default or that has been
15    terminated from the Compact, unless agreed upon in writing
16    between the Commission and the defaulting State.
17        6. The defaulting State may appeal the action of the
18    Commission by petitioning the U.S. District Court for the
19    District of Columbia or the federal district where the
20    Commission has its principal offices. The prevailing
21    member shall be awarded all costs of such litigation,
22    including reasonable attorney's fees.
23    C. Dispute Resolution
24        1. Upon request by a Member State, the Commission
25    shall attempt to resolve disputes related to the Compact
26    that arise among Member States and between member and

 

 

SB1862- 36 -LRB102 15496 SPS 20859 b

1    non-Member States.
2        2. The Commission shall promulgate a Rule providing
3    for both mediation and binding dispute resolution for
4    disputes as appropriate.
5    D. Enforcement
6        1. The Commission, in the reasonable exercise of its
7    discretion, shall enforce the provisions and Rules of this
8    Compact.
9        2. By majority vote, the Commission may initiate legal
10    action in the United States District Court for the
11    District of Columbia or the federal district where the
12    Commission has its principal offices against a Member
13    State in default to enforce compliance with the provisions
14    of the Compact and its promulgated Rules and bylaws. The
15    relief sought may include both injunctive relief and
16    damages. In the event judicial enforcement is necessary,
17    the prevailing member shall be awarded all costs of such
18    litigation, including reasonable attorney's fees.
19        3. The remedies herein shall not be the exclusive
20    remedies of the Commission. The Commission may pursue any
21    other remedies available under federal or State law.
 
22SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE
23COMMISSION FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED
24RULES, WITHDRAWAL, AND AMENDMENT
25    A. The Compact shall come into effect on the date on which

 

 

SB1862- 37 -LRB102 15496 SPS 20859 b

1the Compact statute is enacted into law in the tenth Member
2State. The provisions, which become effective at that time,
3shall be limited to the powers granted to the Commission
4relating to assembly and the promulgation of Rules.
5Thereafter, the Commission shall meet and exercise Rulemaking
6powers necessary to the implementation and administration of
7the Compact.
8    B. Any State that joins the Compact subsequent to the
9Commission's initial adoption of the Rules shall be subject to
10the Rules as they exist on the date on which the Compact
11becomes law in that State. Any Rule that has been previously
12adopted by the Commission shall have the full force and effect
13of law on the day the Compact becomes law in that State.
14    C. Any Member State may withdraw from this Compact by
15enacting a statute repealing the same.
16        1. A Member State's withdrawal shall not take effect
17    until six (6) months after enactment of the repealing
18    statute.
19        2. Withdrawal shall not affect the continuing
20    requirement of the withdrawing State's Occupational
21    Therapy Licensing Board to comply with the investigative
22    and Adverse Action reporting requirements of this act
23    prior to the effective date of withdrawal.
24    D. Nothing contained in this Compact shall be construed to
25invalidate or prevent any Occupational Therapy licensure
26agreement or other cooperative arrangement between a Member

 

 

SB1862- 38 -LRB102 15496 SPS 20859 b

1State and a non-Member State that does not conflict with the
2provisions of this Compact.
3    E. This Compact may be amended by the Member States. No
4amendment to this Compact shall become effective and binding
5upon any Member State until it is enacted into the laws of all
6Member States.
 
7SECTION 13. CONSTRUCTION AND SEVERABILITY
8This Compact shall be liberally construed so as to effectuate
9the purposes thereof. The provisions of this Compact shall be
10severable and if any phrase, clause, sentence or provision of
11this Compact is declared to be contrary to the constitution of
12any Member State or of the United States or the applicability
13thereof to any government, agency, person, or circumstance is
14held invalid, the validity of the remainder of this Compact
15and the applicability thereof to any government, agency,
16person, or circumstance shall not be affected thereby. If this
17Compact shall be held contrary to the constitution of any
18Member State, the Compact shall remain in full force and
19effect as to the remaining Member States and in full force and
20effect as to the Member State affected as to all severable
21matters.
 
22SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS
23    A. A Licensee providing Occupational Therapy in a Remote
24State under the Compact Privilege shall function within the

 

 

SB1862- 39 -LRB102 15496 SPS 20859 b

1laws and regulations of the Remote State.
2    B. Nothing herein prevents the enforcement of any other
3law of a Member State that is not inconsistent with the
4Compact.
5    C. Any laws in a Member State in conflict with the Compact
6are superseded to the extent of the conflict.
7    D. Any lawful actions of the Commission, including all
8Rules and bylaws promulgated by the Commission, are binding
9upon the Member States.
10    E. All agreements between the Commission and the Member
11States are binding in accordance with their terms.
12    F. In the event any provision of the Compact exceeds the
13constitutional limits imposed on the legislature of any Member
14State, the provision shall be ineffective to the extent of the
15conflict with the constitutional provision in question in that
16Member State.