Existing law provides for the licensure and regulation of occupational therapists and occupational therapy assistants by the Board of Occupational Therapy. (Chapter 640A of NRS) Section 1 of this bill ratifies and enters into the Occupational Therapy Licensure Compact. The Compact is an interstate compact that allows a person who is licensed as an occupational therapist or occupational therapy assistant in a state that is a member of the Compact to practice in other states that are members of the Compact. In order to practice as an occupational therapist or occupational therapy assistant under the Compact, the Compact requires an occupational therapist or occupational therapy assistant to: (1) hold a license in his or her home state; (2) have a valid social security number or national practitioner identification number; (3) have no encumbrances on any license issued to the person by a state; (4) be eligible to practice under the Compact; (5) have, at least 2 years before seeking to practice under the Compact, completed any requirements and paid all fines resulting any adverse action taken against any license or authority to practice under the Compact; (6) notify the Occupational Therapy Compact Commission that he or she is seeking to practice under the Compact in another state; (7) pay any applicable fees; (8) complete a criminal background check; (9) meet any jurisprudence requirements established by the state in which he or she seeks to practice under the Compact; and (10) report any adverse action taken against him or her within 30 days after the date the adverse action is taken. The Compact authorizes a member state to take adverse action against an occupational therapist or occupational therapy assistant practicing in the member state under the Compact. The Compact requires member states to create a joint public agency called the Occupational Therapy Compact Commission. The Commission is required to, among other things: (1) establish bylaws; (2) make rules that facilitate and coordinate implementation and administration of the Compact; (3) hold meetings, which may be closed under certain conditions; and (4) resolve disputes related to the Compact among states that are members of the Compact. The Commission is additionally authorized to levy and collect an annual assessment from each state that is a member of the Compact. The Compact also requires the Commission to create a data system to facilitate the sharing of information among member states. Section 2 of this bill, in general, authorizes the Board of Occupational Therapy to disclose information to that data system when required by the Compact. However, the Compact prohibits the Board from disclosing certain information obtained through a criminal background check. Section 4 of this bill provides for the confidentiality of certain information disclosed through the data system. The Compact provides additional provisions to carry out the Compact, including providing procedures for the taking of adverse actions against licensees, provisions for active military members or their spouses, provisions for rulemaking by the Commission, provisions for oversight, dispute resolution and enforcement and procedures for amendments and withdrawals. The Compact takes effect on the date on which the Compact is enacted into law by the tenth member state. Section 3 of this bill deems practicing as an occupational therapist or occupational therapy assistant under the Compact to be equivalent to practicing under a license issued by the Board of Occupational Therapy, thereby providing such persons with the same authority, duties and legal protections as a licensee.

Statutes affected:
As Introduced: 640A.220, 239.010
BDR: 640A.220, 239.010