Bill Summary – FastDemocracy

      
            88R3787 SCP-F
         
		By: Walle, Bonnen, Buckley, Garcia
            H.B. No. 1683
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the Occupational Therapy Licensure Compact; 
         
            authorizing fees.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Chapter 454, Occupations Code, is amended by 
         
            adding Subchapter I to read as follows:
         
            SUBCHAPTER I.  OCCUPATIONAL THERAPY LICENSURE COMPACT
         
                   Sec. 454.401.  OCCUPATIONAL THERAPY LICENSURE COMPACT.  The 
         
            Occupational Therapy Licensure Compact is enacted and entered into 
         
            with all other jurisdictions that legally join in the compact, 
         
            which reads 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 
         
            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 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, 
         
            Statutes affected: 
Introduced:  ()
House Committee Report:  ()
Engrossed:  ()

	88R3787 SCP-F

	By: Walle, Bonnen, Buckley, Garcia	H.B. No. 1683



	A BILL TO BE ENTITLED
	AN ACT
	relating to the Occupational Therapy Licensure Compact;
	authorizing fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 454, Occupations Code, is amended by
	adding Subchapter I to read as follows:
	SUBCHAPTER I. OCCUPATIONAL THERAPY LICENSURE COMPACT
	Sec. 454.401. OCCUPATIONAL THERAPY LICENSURE COMPACT. The
	Occupational Therapy Licensure Compact is enacted and entered into
	with all other jurisdictions that legally join in the compact,
	which reads 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
	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 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,
Statutes affected: Introduced: () House Committee Report: () Engrossed: ()