Health occupations: occupational therapists; occupational therapy licensure compact; enact, the official text

Act No. 43

Public Acts of 2026

Approved by the Governor

July 21, 2026

Filed with the Secretary of State

July 22, 2026

EFFECTIVE
DATE: January 22, 2028

state of michigan

103rd Legislature

Regular session of 2026

Introduced by Reps. Rogers, Wozniak, Roth, Bierlein,
Kunse, Outman, Bollin, Aragona, Thompson, Rheingans, Frisbie, Schmaltz, St.
Germaine, Glanville, B. Carter, Scott, Fitzgerald, Longjohn, Neeley, Edwards,
Paiz, MacDonell, Whitsett, McKinney, Miller, Price, Coffia, Skaggs, Martus,
Wilson, Conlin, O'Neal, Byrnes, Wooden, Foreman, Tsernoglou, Young, Brixie,
McFall, Weiss, Morgan, Hoskins and Farhat

ENROLLED HOUSE BILL No. 4103

AN ACT to amend 1978 PA 368,
entitled “An act to protect and promote the public health; to codify, revise,
consolidate, classify, and add to the laws relating to public health; to
provide for the prevention and control of diseases and disabilities; to provide
for the classification, administration, regulation, financing, and maintenance
of personal, environmental, and other health services and activities; to create
or continue, and prescribe the powers and duties of, departments, boards,
commissions, councils, committees, task forces, and other agencies; to
prescribe the powers and duties of governmental entities and officials; to
regulate occupations, facilities, and agencies affecting the public health; to
regulate health maintenance organizations and certain third party
administrators and insurers; to provide for the imposition of a regulatory fee;
to provide for the levy of taxes against certain health facilities or agencies;
to promote the efficient and economical delivery of health care services, to
provide for the appropriate utilization of health care facilities and services,
and to provide for the closure of hospitals or consolidation of hospitals or
services; to provide for the collection and use of data and information; to
provide for the transfer of property; to provide certain immunity from
liability; to regulate and prohibit the sale and offering for sale of drug
paraphernalia under certain circumstances; to provide for the implementation of
federal law; to provide for penalties and remedies; to provide for sanctions
for violations of this act and local ordinances; to provide for an
appropriation and supplements; to repeal certain acts and parts of acts; to
repeal certain parts of this act; and to repeal certain parts of this act on
specific dates,” (MCL 333.1101 to 333.25211) by adding section 16188.

The People of the State of
Michigan enact:

Sec.
16188. (1) The occupational therapy licensure compact is enacted into law and
entered into by this state as a party with all jurisdictions that legally join
in the compact, in the form substantially as follows:

OCCUPATIONAL THERAPY
LICENSURE COMPACT

SECTION 1. PURPOSE

The
purpose of this Compact is to facilitate interstate practice of Occupational
Therapy with the goal of improving public access to Occupational Therapy
services. The Practice of Occupational Therapy occurs in the State where the
patient/client is located at the time of the patient/client encounter. The
Compact preserves the regulatory authority of States to protect public health
and safety through the current system of State licensure.

This
Compact is designed to achieve the following objectives:

A.
Increase public access to Occupational Therapy services by providing for the
mutual recognition of other Member State licenses;

B.
Enhance the States’ ability to protect the public’s health and safety;

C.
Encourage the cooperation of Member States in regulating multi-State
Occupational Therapy Practice;

D.
Support spouses of relocating military members;

E.
Enhance the exchange of licensure, investigative, and disciplinary information
between Member States;

F.
Allow a Remote State to hold a provider of services with a Compact Privilege in
that State accountable to that State’s practice standards; and

G.
Facilitate the use of Telehealth technology in order to increase access to
Occupational Therapy services.

SECTION 2. DEFINITIONS

As
used in this Compact, and except as otherwise provided, the following
definitions shall apply:

A.
“Active Duty Military” means full-time duty status in the active uniformed
service of the United States, including members of the National Guard and
Reserve on active duty orders pursuant to 10 USC Chapter 1209 and 10 USC
Chapter 1211.

B.
“Adverse Action” means any administrative, civil, equitable, or criminal action
permitted by a State’s laws which is imposed by a Licensing Board or other
authority against an Occupational Therapist or Occupational Therapy Assistant,
including actions against an individual’s license or Compact Privilege such as
censure, revocation, suspension, probation, monitoring of the Licensee, or
restriction on the Licensee’s practice.

C.
“Alternative Program” means a non-disciplinary monitoring process approved by
an Occupational Therapy Licensing Board.

D.
“Compact Privilege” means the authorization, which is equivalent to a license,
granted by a Remote State to allow a Licensee from another Member State to
practice as an Occupational Therapist or practice as an Occupational Therapy
Assistant in the Remote State under its laws and rules. The Practice of
Occupational Therapy occurs in the Member State where the patient/client is
located at the time of the patient/client encounter.

E.
“Continuing Competence/Education” means a requirement, as a condition of
license renewal, to provide evidence of participation in, and/or completion of,
educational and professional activities relevant to practice or area of work.

F.
“Current Significant Investigative Information” means Investigative Information
that a Licensing Board, after an inquiry or investigation that includes
notification and an opportunity for the Occupational Therapist or Occupational
Therapy Assistant to respond, if required by State law, has reason to believe
is not groundless and, if proved true, would indicate more than a minor
infraction.

G.
“Data System” means a repository of information about Licensees, including but
not limited to license status, Investigative Information, Compact Privileges,
and Adverse Actions.

H.
“Encumbered License” means a license in which an Adverse Action restricts the
Practice of Occupational Therapy by the Licensee or said Adverse Action has
been reported to the National Practitioners Data Bank (NPDB).

I.
“Executive Committee” means a group of directors elected or appointed to act on
behalf of, and within the powers granted to them by, the Commission.

J.
“Home State” means the Member State that is the Licensee’s Primary State of
Residence.

K.
“Impaired Practitioner” means individuals whose professional practice is
adversely affected by substance abuse, addiction, or other health-related
conditions.

L.
“Investigative Information” means information, records, and/or documents
received or generated by an Occupational Therapy Licensing Board pursuant to an
investigation.

M.
“Jurisprudence Requirement” means the assessment of an individual’s knowledge
of the laws and rules governing the Practice of Occupational Therapy in a
State.

N.
“Licensee” means an individual who currently holds an authorization from the
State to practice as an Occupational Therapist or as an Occupational Therapy
Assistant.

O.
“Member State” means a State that has enacted the Compact.

P.
“Occupational Therapist” means an individual who is licensed by a State to
practice Occupational Therapy.

Q.
“Occupational Therapy Assistant” means an individual who is licensed by a State
to assist in the Practice of Occupational Therapy.

R.
“Occupational Therapy,” “Occupational Therapy Practice,” and the “Practice of
Occupational Therapy” mean the care and services provided by an Occupational
Therapist or an Occupational Therapy Assistant as set forth in the Member State’s
statutes and regulations.

S.
“Occupational Therapy Compact Commission” or “Commission” means the national
administrative body whose membership consists of all States that have enacted
the Compact.

T.
“Occupational Therapy Licensing Board” or “Licensing Board” means the agency of
a State that is authorized to license and regulate Occupational Therapists and
Occupational Therapy Assistants.

U.
“Primary State of Residence” means the state (also known as the Home State) in
which an Occupational Therapist or Occupational Therapy Assistant who is not
Active Duty Military declares a primary residence for legal purposes as
verified by: driver’s license, federal income tax return, lease, deed, mortgage
or voter registration or other verifying documentation as further defined by
Commission Rules.

V.
“Remote State” means a Member State other than the Home State, where a Licensee
is exercising or seeking to exercise the Compact Privilege.

W.
“Rule” means a regulation promulgated by the Commission that has the force of
law.

X.
“State” means any state, commonwealth, district, or territory of the United
States of America that regulates the Practice of Occupational Therapy.

Y.
“Single-State License” means an Occupational Therapist or Occupational Therapy
Assistant license issued by a Member State that authorizes practice only within
the issuing State and does not include a Compact Privilege in any other Member
State.

Z.
“Telehealth” means the application of telecommunication technology to deliver
Occupational Therapy services for assessment, intervention and/or consultation.

SECTION 3. STATE
PARTICIPATION IN THE COMPACT

A.
To participate in the Compact, a Member State shall:

1.
License Occupational Therapists and Occupational Therapy Assistants;

2.
Participate fully in the Commission’s Data System, including but not limited to
using the Commission’s unique identifier as defined in Rules of the Commission;

3.
Have a mechanism in place for receiving and investigating complaints about
Licensees;

4.
Notify the Commission, in compliance with the terms of the Compact and Rules,
of any Adverse Action or the availability of Investigative Information
regarding a Licensee;

5.
Implement or utilize procedures for considering the criminal history records of
applicants for an initial Compact Privilege. These procedures shall include the
submission of fingerprints or other biometric-based information by applicants
for the purpose of obtaining an applicant’s criminal history record information
from the Federal Bureau of Investigation and the agency responsible for
retaining that State’s criminal records;

a.
A Member State shall, within a time frame established by the Commission,
require a criminal background check for a Licensee seeking/applying for a
Compact Privilege whose Primary State of Residence is that Member State, by
receiving the results of the Federal Bureau of Investigation criminal record
search, and shall use the results in making licensure decisions.

b.
Communication between a Member State, the Commission and among Member States
regarding the verification of eligibility for licensure through the Compact
shall not include any information received from the Federal Bureau of
Investigation relating to a federal criminal records check performed by a
Member State under Public Law 92-544.

6.
Comply with the Rules of the Commission;

7.
Utilize only a recognized national examination as a requirement for licensure
pursuant to the Rules of the Commission; and

8.
Have Continuing Competence/Education requirements as a condition for license
renewal.

B.
A Member State shall grant the Compact Privilege to a Licensee holding a valid
unencumbered license in another Member State in accordance with the terms of
the Compact and Rules.

C.
Member States may charge a fee for granting a Compact Privilege.

D.
A Member State shall provide for the State’s delegate to attend all
Occupational Therapy Compact Commission meetings.

E.
Individuals not residing in a Member State shall continue to be able to apply
for a Member State’s Single-State License as provided under the laws of each
Member State. However, the Single-State License granted to these individuals
shall not be recognized as granting the Compact Privilege in any other Member
State.

F.
Nothing in this Compact shall affect the requirements established by a Member
State for the issuance of a Single-State License.

SECTION 4. COMPACT PRIVILEGE

A.
To exercise the Compact Privilege under the terms and provisions of the
Compact, the Licensee shall:

1.
Hold a license in the Home State;

2.
Have a valid United States Social Security Number or National Practitioner
Identification number;

3.
Have no encumbrance on any State license;

4.
Be eligible for a Compact Privilege in any Member State in accordance with
Section 4D, F, G, and H;

5.
Have paid all fines and completed all requirements resulting from any Adverse
Action against any license or Compact Privilege, and two years have elapsed
from the date of such completion;

6.
Notify the Commission that the Licensee is seeking the Compact Privilege within
a Remote State(s);

7.
Pay any applicable fees, including any State fee, for the Compact Privilege;

8.
Complete a criminal background check in accordance with Section 3A(5);

a.
The Licensee shall be responsible for the payment of any fee associated with
the completion of a criminal background check.

9.
Meet any Jurisprudence Requirements established by the Remote State(s) in which
the Licensee is seeking a Compact Privilege; and

10.
Report to the Commission Adverse Action taken by any non-Member State within 30
days from the date the Adverse Action is taken.

B.
The Compact Privilege is valid until the expiration date of the Home State
license. The Licensee must comply with the requirements of Section 4A to
maintain the Compact Privilege in the Remote State.

C.
A Licensee providing Occupational Therapy in a Remote State under the Compact
Privilege shall function within the laws and regulations of the Remote State.

D.
Occupational Therapy Assistants practicing in a Remote State shall be
supervised by an Occupational Therapist licensed or holding a Compact Privilege
in that Remote State.

E.
A Licensee providing Occupational Therapy in a Remote State is subject to that
State’s regulatory authority. A Remote State may, in accordance with due
process and that State’s laws, remove a Licensee’s Compact Privilege in the
Remote State for a specific period of time, impose fines, and/or take any other
necessary actions to protect the health and safety of its citizens. The
Licensee may be ineligible for a Compact Privilege in any State until the specific
time for removal has passed and all fines are paid.

F.
If a Home State license is encumbered, the Licensee shall lose the Compact
Privilege in any Remote State until the following occur:

1.
The Home State license is no longer encumbered; and

2.
Two years have elapsed from the date on which the Home State license is no
longer encumbered in accordance with Section 4F(1).

G.
Once an Encumbered License in the Home State is restored to good standing, the
Licensee must meet the requirements of Section 4A to obtain a Compact Privilege
in any Remote State.

H.
If a Licensee’s Compact Privilege in any Remote State is removed, the
individual may lose the Compact Privilege in any other Remote State until the
following occur:

1.
The specific period of time for which the Compact Privilege was removed has
ended;

2.
All fines have been paid and all conditions have been met;

3.
Two years have elapsed from the date of completing requirements for Section
4H(1) and (2); and

4.
The Compact Privileges are reinstated by the Commission, and the compact Data
System is updated to reflect reinstatement.

I.
If a Licensee’s Compact Privilege in any Remote State is removed due to an
erroneous charge, privileges shall be restored through the compact Data System.

J. Once the requirements of Section 4H have been met, the
Licensee must meet the requirements in Section 4A to obtain a Compact Privilege in a Remote State.

SECTION 5: OBTAINING A NEW
HOME STATE LICENSE BY VIRTUE OF COMPACT PRIVILEGE

A.
An Occupational Therapist or Occupational Therapy Assistant may hold a Home
State license, which allows for Compact Privileges in Member States, in only
one Member State at a time.

B.
If an Occupational Therapist or Occupational Therapy Assistant changes Primary
State of Residence by moving between two Member States:

1.
The Occupational Therapist or Occupational Therapy Assistant shall file an
application for obtaining a new Home State license by virtue of a Compact
Privilege, pay all applicable fees, and notify the current and new Home State
in accordance with applicable Rules adopted by the Commission.

2.
Upon receipt of an application for obtaining a new Home State license by virtue
of compact privilege, the new Home State shall verify that the Occupational
Therapist or Occupational Therapy Assistant meets the pertinent criteria outlined in Section 4 via the Data System, without
need for primary source verification except for:

a.
An FBI fingerprint based criminal background check if not previously performed
or updated pursuant to applicable Rules adopted by the Commission in accordance
with Public Law 92-544;

b.
Other criminal background check as required by the new Home State; and

c.
Submission of any requisite Jurisprudence Requirements of the new Home State.

3.
The former Home State shall convert the former Home State license into a
Compact Privilege once the new Home State has activated the new Home State
license in accordance with applicable Rules adopted by the Commission.

4.
Notwithstanding any other provision of this Compact, if the Occupational
Therapist or Occupational Therapy Assistant cannot meet the criteria in Section
4, the new Home State shall apply its requirements for issuing a new
Single-State License.

5.
The Occupational Therapist or the Occupational Therapy Assistant shall pay all
applicable fees to the new Home State in order to be issued a new Home State
license.

C.
If an Occupational Therapist or Occupational Therapy Assistant changes Primary
State of Residence by moving from a Member State to a non-Member State, or from
a non-Member State to a Member State, the State criteria shall apply for
issuance of a Single-State License in the new State.

D.
Nothing in this Compact shall interfere with a Licensee’s ability to hold a
Single-State License in multiple States; however, for the purposes of this
Compact, a Licensee shall have only one Home State license.

E.
Nothing in this Compact shall affect the requirements established by a Member
State for the issuance of a Single-State License.

SECTION 6. ACTIVE DUTY
MILITARY PERSONNEL OR THEIR SPOUSES

A.
Active Duty Military personnel, or their spouses, shall designate a Home State
where the individual has a current license in good standing. The individual may
retain the Home State designation during the period the service member is on
active duty. Subsequent to designating a Home State, the individual shall only
change their Home State through application for licensure in the new State or
through the process described in Section 5.

SECTION 7. ADVERSE ACTIONS

A.
A Home State shall have exclusive power to impose Adverse Action against an
Occupational Therapist’s or Occupational Therapy Assistant’s license issued by
the Home State.

B.
In addition to the other powers conferred by State law, a Remote State shall
have the authority, in accordance with existing State due process law, to:

1.
Take Adverse Action against an Occupational Therapist’s or Occupational Therapy
Assistant’s Compact Privilege within that Member State.

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

C.
For purposes of taking Adverse Action, the Home State shall give the same
priority and effect to reported conduct received from a Member State as it
would if the conduct had occurred within the Home State. In so doing, the Home
State shall apply its own State laws to determine appropriate action.

D.
The Home State shall complete any pending investigations of an Occupational
Therapist or Occupational Therapy Assistant who changes Primary State of
Residence during the course of the investigations. The Home State, where the
investigations were initiated, shall also have the authority to take
appropriate action(s) and shall promptly report the conclusions of the
investigations to the OT Compact Commission Data System. The Occupational
Therapy Compact Commission Data System administrator shall promptly notify the
new Home State of any Adverse Actions.

E.
A Member State, if otherwise permitted by State law, may recover from the
affected Occupational Therapist or Occupational Therapy Assistant the costs of
investigations and disposition of cases resulting from any Adverse Action taken
against that Occupational Therapist or Occupational Therapy Assistant.

F.
A Member State may take Adverse Action based on the factual findings of the
Remote State, provided that the Member State follows its own procedures for
taking the Adverse Action.

G.
Joint Investigations

1.
In addition to the authority granted to a Member State by its respective State
Occupational Therapy laws and regulations or other applicable State law, any
Member State may participate with other Member States in joint investigations
of Licensees.

2.
Member States shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated
under the Compact.

H.
If an Adverse Action is taken by the Home State against an Occupational
Therapist’s or Occupational Therapy Assistant’s license, the Occupational
Therapist’s or Occupational Therapy Assistant’s Compact Privilege in all other
Member States shall be deactivated until all encumbrances have been removed
from the State license. All Home State disciplinary orders that impose Adverse
Action against an Occupational Therapist’s or Occupational Therapy Assistant’s
license shall include a Statement that the Occupational Therapist’s or
Occupational Therapy Assistant’s Compact Privilege is deactivated in all Member
States during the pendency of the order.

I.
If a Member State takes Adverse Action, it shall promptly notify the
administrator of the Data System. The administrator of the Data System shall
promptly notify the Home State of any Adverse Actions by Remote States.

J.
Nothing in this Compact shall override a Member State’s decision that
participation in an Alternative Program may be used in lieu of Adverse Action.

SECTION 8. ESTABLISHMENT OF
THE OCCUPATIONAL THERAPY COMPACT COMMISSION.

A.
The Compact Member States hereby create and establish a joint public agency
known as the Occupational Therapy Compact Commission:

1.
The Commission is an instrumentality of the Compact States.

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

3.
Nothing in this Compact shall be construed to be a waiver of sovereign
immunity.

B.
Membership, Voting, and Meetings

1.
Each Member State shall have and be limited to one (1) delegate selected by
that Member State’s Licensing Board.

2.
The delegate shall be either:

a.
A current member of the Licensing Board, who is an Occupational Therapist,
Occupational Therapy Assistant, or public member; or

b.
An administrator of the Licensing Board.

3.
Any delegate may be removed or suspended from office as provided by the law of
the State from which the delegate is appointed.

4.
The Member State board shall fill any vacancy occurring in the Commission
within 90 days.

5.
Each delegate shall be entitled to one (1) vote with regard to the promulgation
of Rules and creation of bylaws and shall otherwise have an opportunity to
participate in the business and affairs of the Commission. A delegate shall
vote in person or by such other means as provided in the bylaws. The bylaws may
provide for delegates’ participation in meetings by telephone or other means of
communication.

6.
The Commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.

7.
The Commission shall establish by Rule a term of office for delegates.

C.
The Commission shall have the following powers and duties:

1.
Establish a Code of Ethics for the Commission;

2.
Establish the fiscal year of the Commission;

3.
Establish bylaws;

4.
Maintain its financial records in accordance with the bylaws;

5.
Meet and take such actions as are consistent with the provisions of this
Compact and the bylaws;

6.
Promulgate uniform Rules to facilitate and coordinate implementation and
administration of this Compact. The Rules shall have the force and effect of
law and shall be binding in all Member States;

7.
Bring and prosecute legal proceedings or actions in the name of the Commission,
provided that the standing of any State Occupational Therapy Licensing Board to
sue or be sued under applicable law shall not be affected;

8.
Purchase and maintain insurance and bonds;

9.
Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a Member State;

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

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

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

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

14.
Establish a budget and make expenditures;

15.
Borrow money;

16.
Appoint committees, including standing committees composed of members, State
regulators, State legislators or their representatives, and consumer
representatives, and such other interested persons as may be designated in this
Compact and the bylaws;

17.
Provide and receive information from, and cooperate with, law enforcement
agencies;

18.
Establish and elect an Executive Committee; and

19.
Perform such other functions as may be necessary or appropriate to achieve the
purposes of this Compact consistent with the State regulation of Occupational
Therapy licensure and practice.

D.
The Executive Committee

The
Executive Committee shall have the power to act on behalf of the Commission
according to the terms of this Compact.

1.
The Executive Committee shall be composed of nine members:

a.
Seven voting members who are elected by the Commission from the current
membership of the Commission;

b. One ex-officio, nonvoting member from a
recognized national Occupational Therapy professional association; and

c.
One ex-officio, nonvoting member from a recognized national Occupational
Therapy certification organization.

2.
The ex-officio members will be selected by their respective organizations.

3.
The Commission may remove any member of the Executive Committee as provided in
bylaws.

4.
The Executive Committee shall meet at least annually.

5.
The Executive Committee shall have the following Duties and responsibilities:

a.
Recommend to the entire Commission changes to the Rules or bylaws, changes to
this Compact legislation, fees paid by Compact Member States such as annual
dues, and any Commission Compact fee charged to Licensees for the Compact
Privilege;

b.
Ensure Compact administration services are appropriately provided, contractual
or otherwise;

c.
Prepare and recommend the budget;

d.
Maintain financial records on behalf of the Commission;

e.
Monitor Compact compliance of Member States and provide compliance reports to
the Commission;

f.
Establish additional committees as necessary; and

g.
Perform other duties as provided in Rules or bylaws.

E.
Meetings of the Commission

1.
All meetings shall be open to the public, and public notice of meetings shall
be given in the same manner as required under the Rulemaking provisions in
Section 10.

2.
The Commission or the Executive Committee or other committees of the Commission
may convene in a closed, non-public meeting if the Commission or Executive
Committee or other committees of the Commission must discuss:

a.
Non-compliance of a Member State with its obligations under the Compact;

b.
The employment, compensation, discipline or other matters, practices or
procedures related to specific employees or other matters related to the
Commission’s internal personnel practices and procedures;

c.
Current, threatened, or reasonably anticipated litigation;

d.
Negotiation of contracts for the purchase, lease, or sale of goods, services,
or real estate;

e.
Accusing any person of a crime or formally censuring any person;

f.
Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;

g.
Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;

h.
Disclosure of investigative records compiled for law enforcement purposes;

i.
Disclosure of information related to any investigative reports prepared by or
on behalf of or for use of the Commission or other committee charged with
responsibility of investigation or determination of compliance issues pursuant
to the Compact; or

j.
Matters specifically exempted from disclosure by federal or Member State
statute.

3.
If a meeting, or portion of a meeting, is closed pursuant to this provision,
the Commission’s legal counsel or designee shall certify that the meeting may
be closed and shall reference each relevant exempting provision.

4.
The Commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions
taken, and the reasons therefore, including a description of the views
expressed. All documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release by a majority vote of the Commission or
order of a court of competent jurisdiction.

F.
Financing of the Commission

1.
The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.

2.
The Commission may accept any and all appropriate revenue sources, donations,
and grants of money, equipment, supplies, materials, and services.

3.
The Commission may levy on and collect an annual assessment from each Member
State or impose fees on other parties to cover the cost of the operations and
activities of the Commission and its staff, which must be in a total amount
sufficient to cover its annual budget as approved by the Commission each year
for which revenue is not provided by other sources. The aggregate annual
assessment amount shall be allocated based upon a formula to be determined by
the Commission, which shall promulgate a Rule binding upon all Member States.

4.
The Commission shall not incur obligations of any kind prior to securing the
funds adequate to meet the same; nor shall the Commission pledge the credit of
any of the Member States, except by and with the authority of the Member State.

5.
The Commission shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the Commission shall be subject to the audit
and accounting procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the Commission shall be audited yearly by
a certified or licensed public accountant, and the report of the audit shall be
included in and become part of the annual report of the Commission.

G.
Qualified Immunity, Defense, and Indemnification

1.
The members, officers, executive director, employees and representatives of the
Commission shall be immune from suit and liability, either personally or in
their official capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising out of any actual
or alleged act, error or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred within the
scope of Commission employment, duties or responsibilities; provided that
nothing in this paragraph shall be construed to protect any such person from
suit and/or liability for any damage, loss, injury, or liability caused by the
intentional or willful or wanton misconduct of that person.

2.
The Commission shall defend any member, officer, executive director, employee,
or representative of the Commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or omission that
occurred within the scope of Commission employment, duties, or
responsibilities, or that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining his or her own counsel; and
provided further, that the actual or alleged act, error, or omission did not
result from that person’s intentional or willful or wanton misconduct.

3.
The Commission shall indemnify and hold harmless any member, officer, executive
director, employee, or representative of the Commission for the amount of any
settlement or judgment obtained against that person arising out of any actual
or alleged act, error or omission that occurred within the scope of Commission
employment, duties, or responsibilities, or that such person had a reasonable
basis for believing occurred within the scope of Commission employment, duties,
or responsibilities, provided that the actual or alleged act, error, or
omission did not result from the intentional or willful or wanton misconduct of
that person.

SECTION 9. DATA SYSTEM

A.
The Commission shall provide for the development, maintenance, and utilization
of a coordinated database and reporting system containing licensure, Adverse
Action, and Investigative Information on all licensed individuals in Member
States.

B.
A Member State shall submit a uniform data set to the Data System on all
individuals to whom this Compact is applicable (utilizing a unique identifier)
as required by the Rules of the Commission, including:

1.
Identifying information;

2.
Licensure data;

3.
Adverse Actions against a license or Compact Privilege;

4.
Non-confidential information related to Alternative Program participation;

5.
Any denial of application for licensure, and the reason(s) for such denial;

6.
Other information that may facilitate the administration of this Compact, as
determined by the Rules of the Commission; and

7.
Current Significant Investigative Information.

C.
Current Significant Investigative Information and other Investigative
Information pertaining to a Licensee in any Member State will only be available
to other Member States.

D.
The Commission shall promptly notify all Member States of any Adverse Action
taken against a Licensee or an individual applying for a license. Adverse
Action information pertaining to a Licensee in any Member State will be
available to any other Member State.

E.
Member States contributing information to the Data System may designate
information that may not be shared with the public without the express
permission of the contributing State.

F.
Any information submitted to the Data System that is subsequently required to
be expunged by the laws of the Member State contributing the information shall
be removed from the Data System.

SECTION 10. RULEMAKING

A.
The Commission shall exercise its Rulemaking powers pursuant to the criteria
set forth in this Section and the Rules adopted thereunder. Rules and
amendments shall become binding as of the date specified in each Rule or
amendment.

B.
The Commission shall promulgate reasonable rules in order to effectively and
efficiently achieve the purposes of the Compact. Notwithstanding the foregoing,
in the event the Commission exercises its rulemaking authority in a manner that
is beyond the scope of the purposes of the Compact, or the powers granted
hereunder, then such an action by the Commission shall be invalid and have no
force and effect.

C.
If a majority of the legislatures of the Member States rejects a Rule, by
enactment of a statute or resolution in the same manner used to adopt the
Compact within 4 years of the date of adoption of the Rule, then such Rule
shall have no further force and effect in any Member State.

D.
Rules or amendments to the Rules shall be adopted at a regular or special
meeting of the Commission.

E.
Prior to promulgation and adoption of a final Rule or Rules by the Commission,
and at least thirty (30) days in advance of the meeting at which the Rule will
be considered and voted upon, the Commission shall file a Notice of Proposed
Rulemaking:

1.
On the website of the Commission or other publicly accessible platform; and

2.
On the website of each Member State Occupational Therapy Licensing Board or
other publicly accessible platform or the publication in which each State would
otherwise publish proposed Rules.

F.
The Notice of Proposed Rulemaking shall include:

1.
The proposed time, date, and location of the meeting in which the Rule will be
considered and voted upon;

2.
The text of the proposed Rule or amendment and the reason for the proposed
Rule;

3.
A request for comments on the proposed Rule from any interested person; and

4.
The manner in which interested persons may submit notice to the Commission of
their intention to attend the public hearing and any written comments.

G.
Prior to adoption of a proposed Rule, the Commission shall allow persons to
submit written data, facts, opinions, and arguments, which shall be made
available to the public.

H.
The Commission shall grant an opportunity for a public hearing before it adopts
a Rule or amendment if a hearing is requested by:

1.
At least twenty five (25) persons;

2.
A State or federal governmental subdivision or agency; or

3.
An association or organization having at least twenty five (25) members.

I.
If a hearing is held on the proposed Rule or amendment, the Commission shall
publish the place, time, and date of the scheduled public hearing. If the
hearing is held via electronic means, the Commission shall publish the
mechanism for access to the electronic hearing.

1.
All persons wishing to be heard at the hearing shall notify the executive
director of the Commission or other designated member in writing of their
desire to appear and testify at the hearing not less than five (5) business
days before the scheduled date of the hearing.

2.
Hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.

3.
All hearings will be recorded. A copy of the recording will be made available
on request.

4.
Nothing in this section shall be construed as requiring a separate hearing on
each Rule. Rules may be grouped for the convenience of the Commission at
hearings required by this section.

J.
Following the scheduled hearing date, or by the close of business on the
scheduled hearing date if the hearing was not held, the Commission shall
consider all written and oral comments received.

K.
If no written notice of intent to attend the public hearing by interested
parties is received, the Commission may proceed with promulgation of the
proposed Rule without a public hearing.

L.
The Commission shall, by majority vote of all members, take final action on the
proposed Rule and shall determine the effective date of the Rule, if any, based
on the Rulemaking record and the full text of the Rule.

M.
Upon determination that an emergency exists, the Commission may consider and
adopt an emergency Rule without prior notice, opportunity for comment, or
hearing, provided that the usual Rulemaking procedures provided in the Compact
and in this section shall be retroactively applied to the Rule as soon as
reasonably possible, in no event later than ninety (90) days after the
effective date of the Rule. For the purposes of this provision, an emergency
Rule is one that must be adopted immediately in order to:

1.
Meet an imminent threat to public health, safety, or welfare;

2.
Prevent a loss of Commission or Member State funds;

3. Meet a deadline for the promulgation of an
administrative Rule that is established by federal law or Rule; or

4.
Protect public health and safety.

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

SECTION 11. OVERSIGHT,
DISPUTE RESOLUTION, AND ENFORCEMENT

A.
Oversight

1.
The executive, legislative, and judicial branches of State government in each
Member State shall enforce this Compact and take all actions necessary and
appropriate to effectuate the Compact’s purposes and intent. The provisions of
this Compact and the Rules promulgated hereunder shall have standing as
statutory law.

2.
All courts shall take judicial notice of the Compact and the Rules in any
judicial or administrative proceeding in a Member State pertaining to the
subject matter of this Compact which may affect the powers, responsibilities,
or actions of the Commission.

3.
The Commission shall be entitled to receive service of process in any such
proceeding, and shall have standing to intervene in such a proceeding for all
purposes. Failure to provide service of process to the Commission shall render
a judgment or order void as to the Commission, this Compact, or promulgated
Rules.

B.
Default, Technical Assistance, and Termination

1.
If the Commission determines that a Member State has defaulted in the
performance of its obligations or responsibilities under this Compact or the
promulgated Rules, the Commission shall:

a.
Provide written notice to the defaulting State and other Member States of the
nature of the default, the proposed means of curing the default and/or any
other action to be taken by the Commission; and

b.
Provide remedial training and specific technical assistance regarding the
default.

2.
If a State in default fails to cure the default, the defaulting State may be
terminated from the Compact upon an affirmative vote of a majority of the
Member States, and all rights, privileges and benefits conferred by this
Compact may be terminated on the effective date of termination. A cure of the
default does not relieve the offending State of obligations or liabilities
incurred during the period of default.

3.
Termination of membership in the Compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend
or terminate shall be given by the Commission to the governor, the majority and
minority leaders of the defaulting State’s legislature, and each of the Member
States.

4.
A State that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of
termination, including obligations that extend beyond the effective date of
termination.

5.
The Commission shall not bear any costs related to a State that is found to be
in default or that has been terminated from the Compact, unless agreed upon in
writing between the Commission and the defaulting State.

6.
The defaulting State may appeal the action of the Commission by petitioning the
United States District Court for the District of Columbia or the federal
district where the Commission has its principal offices. The prevailing member
shall be awarded all costs of such litigation, including reasonable attorney’s
fees.

C.
Dispute Resolution

1.
Upon request by a Member State, the Commission shall attempt to resolve
disputes related to the Compact that arise among Member States and between
member and non-Member States.

2.
The Commission shall promulgate a Rule providing for both mediation and binding
dispute resolution for disputes as appropriate.

D.
Enforcement

1.
The Commission, in the reasonable exercise of its discretion, shall enforce the
provisions and Rules of this Compact.

2.
By majority vote, the Commission may initiate legal action in the United States
District Court for the District of Columbia or the federal district where the
Commission has its principal offices against a Member State in default to
enforce compliance with the provisions of the Compact and its promulgated Rules
and bylaws. The relief sought may include both injunctive relief and damages.
In the event judicial enforcement is necessary, the prevailing member shall be
awarded all costs of such litigation, including reasonable attorney’s fees.

3.
The remedies herein shall not be the exclusive remedies of the Commission. The
Commission may pursue any other remedies available under federal or State law.

SECTION 12. DATE OF
IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR OCCUPATIONAL THERAPY PRACTICE
AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

A.
The Compact shall come into effect on the date on which the Compact statute is
enacted into law in the tenth Member State. The provisions, which become
effective at that time, shall be limited to the powers granted to the
Commission relating to assembly and the promulgation of Rules. Thereafter, the
Commission shall meet and exercise Rulemaking powers necessary to the
implementation and administration of the Compact.

B.
Any State that joins the Compact subsequent to the Commission’s initial
adoption of the Rules shall be subject to the Rules as they exist on the date
on which the Compact becomes law in that State. Any Rule that has been
previously adopted by the Commission shall have the full force and effect of
law on the day the Compact becomes law in that State.

C.
Any Member State may withdraw from this Compact by enacting a statute repealing
the same.

1.
A Member State’s withdrawal shall not take effect until six (6) months after
enactment of the repealing statute.

2.
Withdrawal shall not affect the continuing requirement of the withdrawing State’s
Occupational Therapy Licensing Board to comply with the investigative and
Adverse Action reporting requirements of this act prior to the effective date
of withdrawal.

D.
Nothing contained in this Compact shall be construed to invalidate or prevent
any Occupational Therapy licensure agreement or other cooperative arrangement
between a Member State and a non-Member State that does not conflict with the
provisions of this Compact.

E.
This Compact may be amended by the Member States. No amendment to this Compact
shall become effective and binding upon any Member State until it is enacted
into the laws of all Member States.

SECTION 13. CONSTRUCTION AND
SEVERABILITY

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

SECTION 14. BINDING EFFECT OF
COMPACT AND OTHER LAWS

A.
A Licensee providing Occupational Therapy in a Remote State under the Compact
Privilege shall function within the laws and regulations of the Remote State.

B.
Nothing herein prevents the enforcement of any other law of a Member State that
is not inconsistent with the Compact.

C.
Any laws in a Member State in conflict with the Compact are superseded to the
extent of the conflict.

D.
Any lawful actions of the Commission, including all Rules and bylaws
promulgated by the Commission, are binding upon the Member States.

E.
All agreements between the Commission and the Member States are binding in
accordance with their terms.

F.
In the event any provision of the Compact exceeds the constitutional limits
imposed on the legislature of any Member State, the provision shall be
ineffective to the extent of the conflict with the constitutional provision in
question in that Member State.

(2)
As used in this article, subsection (1) may be cited as the “occupational
therapy licensure compact”.

Enacting section 1. This
amendatory act takes effect 18 months after the date it is enacted into law.

Enacting section 2. This amendatory act does not take
effect unless House Bill No. 4104 of the 103rd Legislature is enacted into
law.

This act is ordered to take
immediate effect.

Clerk of the House of
Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor