House Bill81 (HB81) Relating to intergovernmental agreements by enacting the occupational therapy licensure interstate compact. 

 House Bill 81  (HB81) The purpose of the 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 or client is located at the time of the patient or client encounter.  The compact preserves the regulatory authority of states to protect public health and safety through the current system of state. licensure.  
The 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 multistate 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 to increase access to occupational therapy services.
To participate in the compact, a member state shall: 
A.(1)  license occupational therapists and occupational therapy assistants; (2)  participate fully in the commission's data system, including 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 within a time frame established by the commission.  When a member state receives the results of the federal bureau of investigation criminal record search, the member state shall use the results in making licensure decisions.  Communication between a member state and 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 or continuing 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 compact shall affect the requirements established by a member state for the issuance of a single-state license.
To exercise the compact privilege under the terms and provisions of the compact, the licensee shall: 
A.(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 Subsections D, F, G and H of this section; (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; (7)  pay any applicable fees, including any state fee, for the compact privilege; (8)  complete a criminal background 
check in accordance with Section 4 of the Occupational Therapy Licensure Interstate Compact.  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 or states in which the licensee is seeking a compact privilege; and (10)  report to the commission adverse action taken by any nonmember state within thirty 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 Subsection A of this section 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 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 occurs: (1)  the home state license is no longer encumbered; and (2)  two years have elapsed from the date on which the home state license became unencumbered. 
G.  Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Subsection A of this section 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 in which the requirements in Paragraphs (1) and (2) of this subsection were completed; 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 Subsection H have been met, the licensee must meet the requirements in Subsection A of this section to obtain a compact privilege in a remote state.
HB81 provides language for obtaining a home state license and restricting the holder to only one home state license for one state. 
Military personnel and spouses may designate there home state where they hold a license and are on active duty. 
In the area of adverse action against a licensee, the home state has exclusive power to impose any adverse action. 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.
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.
Nothing in the compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
Compact member states may create the Occupational Therapy Compact Commission subject to the following:
(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; and 
(3)  nothing in the compact shall be construed to be a waiver of sovereign immunity.
Each member state shall have one delegate and that representative shall be a board member of the licensing board, administrator, practicing occupational therapist, or a public member. 
The commission shall establish: a code of ethics, establish a fiscal year, bylaws, accept funding, and meet and take such actions as are consistent with the provisions of the compact and the bylaws.
The commission shall meet at least annually. 
An executive committee of nine members shall be appointed by a listing of requirements provided in this legislation.
An 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.
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.
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.
The commission shall exercise its rulemaking powers pursuant to the criteria and rules adopted thereunder.  Rules and amendments shall become binding as of the date specified in each rule or amendment.
Processes for implementing rules and amendments is provided in the legislation. 
The executive, legislative and judicial branches of state government in each member state shall enforce the compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent.  The provisions of the compact and the rules promulgated hereunder shall have standing as statutory law.
If the commission finds that a member state is not in conformance with its rules and bylaws it may take such actions to remedy their behavior or possibly provide remedial training or termination. The remedies provided in the compact shall not be the exclusive remedies of the commission.  The commission may pursue any other remedies available under federal or state law.
The provisions of the compact shall be severable and if any phrase, clause, sentence or provision of the 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, personor circumstance is held invalid, the validity of the remainder of the compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby.

The binding effect of the compact is outlined in the legislation to state:
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 in the compact 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.
 

 Committee Substitute February 18, 2025 in HJC
HJCcs/HB81 provides a modification by the House Judiciary Committee in a new Section 17 of the HB81cs regarding background checks for applicants. It reads:
The Board shall: “(10)  prescribe procedures, forms and the manner of submitting an applicant's full set of fingerprints for state and federal criminal history background reports that the board uses to evaluate the applicant's qualification for licensure; and 
(11)  require an applicant, as a condition of eligibility for initial licensure, to submit a full set of fingerprints to the department of public safety to obtain state and national criminal history record information on the applicant.  State and national criminal history record reports are confidential and not public records.  The board shall not disseminate criminal history record information across state lines. “