ENTITLED An Act to authorize the state's participation in the interstate compact on occupational therapy licensure.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

The State of South Dakota is hereby authorized to participate in the interstate compact on occupational therapy licensure, as set forth in this chapter.

Section 2. That a NEW SECTION be added:

The purpose of the interstate compact on occupational therapy licensure is to facilitate the 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 encounter. The compact preserves the 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 ability of states 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 for the purpose of increasing access to occupational therapy services.

Section 3. That a NEW SECTION be added:

As used in this compact:

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 U.S.C. chapter 1209 and 10 U.S.C. 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 an 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 or client is located at the time of the patient or client encounter;

E. "Continuing competence education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to a 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 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 an adverse action has been reported to the national practitioners data bank;

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 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” means the care and services provided by an occupational therapist or an occupational therapy assistant, as set forth in the member state’s statutes and in rules promulgated by the member state;

R. “Occupational therapy assistant” means an individual who is licensed by a state to assist in the practice of occupational therapy;

S. “Occupational therapy compact commission” means the national administrative body and commission, whose membership consists of all states that have enacted the compact;

T. “Occupational therapy 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 a driver’s license, a federal income tax return, a lease, a deed, a mortgage, voter registration, or other verifying documentation as further defined by commission rules;

V. “Remote state” means a member state, other than the home state, in which 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. “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;

Y. “State” means any state, commonwealth, district, or territory of the United States, which regulates the practice of occupational therapy; and

Z. “Telehealth” means the application of telecommunication technology to deliver occupational therapy services for assessment, intervention, and consultation.

Section 4. That a NEW SECTION be added:

A. To participate in the compact, a member state must:

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;

(a) 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 receiving the results of the Federal Bureau of Investigation criminal record search, and shall use the results in making licensure decisions; and

(b) Communication between a member state, the commission, and among member states, regarding the verification of eligibility for licensure through the compact, may 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 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. A member state 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.