Section 1.

new text begin [148.645] OCCUPATIONAL THERAPY LICENSURE COMPACT.
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new text begin ARTICLE 1. PURPOSE
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new text begin 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 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.
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new text begin This compact is designed to achieve the following objectives:
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new text begin (A) increase public access to occupational therapy services by providing for the mutual
recognition of other member state licenses;
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new text begin (B) enhance the states' ability to protect the public's health and safety;
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new text begin (C) encourage the cooperation of member states in regulating multistate occupational
therapy practice;
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new text begin (D) support spouses of relocating military members;
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new text begin (E) enhance the exchange of licensure, investigative, and disciplinary information
between member states;
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new text begin (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
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new text begin (G) facilitate the use of telehealth technology in order to increase access to occupational
therapy services.
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new text begin ARTICLE 2. DEFINITIONS
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new text begin As used in this compact, and except as otherwise provided, the following definitions
shall apply:
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new text begin (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 United States Code, title 10, sections 1209 and 1211.
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new text begin (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.
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new text begin (C) "Alternative program" means a nondisciplinary monitoring process approved by an
occupational therapy licensing board.
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new text begin (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 or client is located at the time of the patient or client encounter.
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new text begin (E) "Continuing competence" or "continuing education" means a requirement, as a
condition of license renewal, to provide evidence of participation in, or completion of,
educational and professional activities relevant to practice or area of work.
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new text begin (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 proven true, would
indicate more than a minor infraction.
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new text begin (G) "Data system" means a repository of information about licensees, including but not
limited to license status, investigative information, compact privileges, and adverse actions.
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new text begin (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).
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new text begin (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.
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new text begin (J) "Home state" means the member state that is the licensee's primary state of residence.
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new text begin (K) "Impaired practitioner" means an individual whose professional practice is adversely
affected by substance abuse, addiction, or other health-related conditions.
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new text begin (L) "Investigative information" means information, records, or documents received or
generated by an occupational therapy licensing board pursuant to an investigation.
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new text begin (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.
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new text begin (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.
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new text begin (O) "Member state" means a state that has enacted the compact.
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new text begin (P) "Occupational therapist" means an individual who is licensed by a state to practice
occupational therapy.
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new text begin (Q) "Occupational therapy assistant" means an individual who is licensed by a state to
assist in the practice of occupational therapy.
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new text begin (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.
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new text begin (S) "Occupational therapy compact commission" or "commission" means the national
administrative body whose membership consists of all states that have enacted the compact.
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new text begin (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.
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new text begin (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.
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new text begin (V) "Remote state" means a member state other than the home state where a licensee is
exercising or seeking to exercise the compact privilege.
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new text begin (W) "Rule" means a regulation promulgated by the commission that has the force of
law.
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new text begin (X) "State" means any state, commonwealth, district, or territory of the United States
of America that regulates the practice of occupational therapy.
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new text begin (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.
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new text begin (Z) "Telehealth" means the application of telecommunication technology to deliver
occupational therapy services for assessment, intervention, or consultation.
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new text begin ARTICLE 3. STATE PARTICIPATION IN THE COMPACT
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new text begin (A) To participate in the compact, a member state shall:
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new text begin (1) license occupational therapists and occupational therapy assistants;
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new text begin (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;
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new text begin (3) have a mechanism in place for receiving and investigating complaints about licensees;
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new text begin (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;
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new text begin (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;
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new text begin (i) A member state shall, within a time frame established by the commission, require a
criminal background check for a licensee seeking or applying for a compact privilege whose
primary state of residence is that member state by receivin