Bill Summary – FastDemocracy

Enrolled Copy                                                                    H.B. 154
               OCCUPATIONAL THERAPY LICENSURE COMPACT
                                    2022 GENERAL SESSION
                                       STATE OF UTAH
                                Chief Sponsor: Joel Ferry
                            Senate Sponsor: Curtis S. Bramble
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 LONG TITLE
 General Description:
       This bill enacts the Occupational Therapy Licensure Compact.
 Highlighted Provisions:
       This bill:
       < enacts the Occupational Therapy Licensure Compact; and
       < authorizes the Division of Occupational and Professional Licensing to make rules to
 implement the Occupational Therapy Licensure Compact.
 Money Appropriated in this Bill:
       None
 Other Special Clauses:
       None
 Utah Code Sections Affected:
 AMENDS:
       58-1-301.5, as last amended by Laws of Utah 2020, Chapter 339
       58-42a-302, as last amended by Laws of Utah 2020, Chapter 339
 ENACTS:
       58-42a-302.1, Utah Code Annotated 1953
       58-42b-101, Utah Code Annotated 1953
       58-42b-102, Utah Code Annotated 1953
       58-42b-103, Utah Code Annotated 1953
       58-42b-104, Utah Code Annotated 1953
       58-42b-105, Utah Code Annotated 1953
       H.B. 154                                                                      Enrolled Copy
        58-42b-106, Utah Code Annotated 1953
        58-42b-107, Utah Code Annotated 1953
        58-42b-108, Utah Code Annotated 1953
        58-42b-109, Utah Code Annotated 1953
        58-42b-110, Utah Code Annotated 1953
        58-42b-111, Utah Code Annotated 1953
        58-42b-112, Utah Code Annotated 1953
        58-42b-113, Utah Code Annotated 1953
        58-42b-114, Utah Code Annotated 1953
        58-42b-201, Utah Code Annotated 1953
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 58-1-301.5 is amended to read:
        58-1-301.5. Division access to Bureau of Criminal Identification records.
        (1) The division shall have direct access to local files maintained by the Bureau of
 Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification,
 for background screening of persons who are applying for licensure, licensure renewal,
 licensure reinstatement, or relicensure, as required in:
        (a) Section 58-17b-307 of [Title 58,] Chapter 17b, Pharmacy Practice Act;
        (b) Sections 58-24b-302 and 58-24b-302.1 of [Title 58,] Chapter 24b, Physical
 Therapy Practice Act;
        (c) Section 58-31b-302 of [Title 58,] Chapter 31b, Nurse Practice Act;
        (d) Section 58-47b-302 of [Title 58,] Chapter 47b, Massage Therapy Practice Act;
        (e) Section 58-55-302 of [Title 58,] Chapter 55, Utah Construction Trades Licensing
 Act, as it applies to alarm companies and alarm company agents;
        (f) Sections 58-42a-302 and 58-42a-302.1 of Chapter 42a, Occupational Therapy
 Practice Act;
        [(f)] (g) Sections 58-61-304 and 58-61-304.1 of [Title 58,] Chapter 61, Psychologist
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       Enrolled Copy                                                                        H.B. 154
 Licensing Act;
        [(g)] (h) Section 58-63-302 of [Title 58,] Chapter 63, Security Personnel Licensing
 Act;
        [(h)] (i) Section 58-64-302 of [Title 58,] Chapter 64, Deception Detection Examiners
 Licensing Act;
        [(i)] (j) Sections 58-67-302 and 58-67-302.1 of [Title 58,] Chapter 67, Utah Medical
 Practice Act; and
        [(j)] (k) Sections 58-68-302 and 58-68-302.1 of [Title 58,] Chapter 68, Utah
 Osteopathic Medical Practice Act.
        (2) The division's access to criminal background information under this section:
        (a) shall meet the requirements of Section 53-10-108; and
        (b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
 held in abeyance, dismissed charges, and charges without a known disposition.
        (3) The division may not disseminate outside of the division any criminal history
 record information that the division obtains from the Bureau of Criminal Identification or the
 Federal Bureau of Investigation under the criminal background check requirements of this
 section.
        Section 2. Section 58-42a-302 is amended to read:
        58-42a-302. Qualifications for licensure.
        (1) An applicant for licensure as an occupational therapist shall:
        (a) submit an application in a form as prescribed by the division;
        (b) pay a fee as determined by the department under Section 63J-1-504;
        (c) graduate with a bachelor's or graduate degree for the practice of occupational
 therapy from an education program accredited by the American Occupational Therapy
 Association's Accreditation Council for Occupational Therapy Education, a predecessor
 organization, or an equivalent organization as determined by division rule;
        (d) if applying for licensure on or after July 1, 2015, complete a minimum of 24 weeks
 of supervised fieldwork experience; [and]
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        H.B. 154                                                                       Enrolled Copy
        (e) pass an examination approved by the division in consultation with the board and
 administered by the National Board for Certification in Occupational Therapy, or by another
 nationally recognized credentialing body as approved by division rule, to demonstrate
 knowledge of the practice, skills, theory, and professional ethics related to occupational
 therapy[.]; and
        (f) if the applicant is applying to participate in the Occupational Therapy Licensure
 Compact under Chapter 42b, Occupational Therapy Licensure Compact, consent to a criminal
 background check in accordance with Section 58-42b-302.1 and any requirements established
 by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
        (2) All applicants for licensure as an occupational therapy assistant shall:
        (a) submit an application in a form as prescribed by the division;
        (b) pay a fee as determined by the department under Section 63J-1-504;
        (c) graduate from an educational program for the practice of occupational therapy as an
 occupational therapy assistant that is accredited by the American Occupational Therapy
 Association's Accreditation Council for Occupational Therapy Education, a predecessor
 organization, or an equivalent organization as determined by division rule;
        (d) if applying for licensure on or after July 1, 2015, complete a minimum of 16 weeks
 of supervised fieldwork experience; [and]
        (e) pass an examination approved by the division in consultation with the board and
 administered by the National Board for Certification in Occupational Therapy, or by another
 nationally recognized credentialing body as approved by division rule, to demonstrate
 knowledge of the practice, skills, theory, and professional ethics related to occupational
 therapy[.]; and
        (f) if the applicant is applying to participate in the Occupational Therapy Licensure
 Compact under Chapter 42b, Occupational Therapy Licensure Compact, consent to a criminal
 background check in accordance with Section 58-42a-302.1 and any requirements established
 by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
        (3) Notwithstanding the other requirements of this section, the division may issue a
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        Enrolled Copy                                                                              H.B. 154
 license as an occupational therapist or as an occupational therapy assistant to an applicant who:
        (a) consents to a criminal background check in accordance with Section 58-42a-302
 and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act; and
        [(a)] (b) (i) meets the requirements of receiving a license by endorsement under Section
 58-1-302; or
        [(b)] (ii) has been licensed in a state, district, or territory of the United States, or in a
 foreign country, where the education, experience, or examination requirements are not
 substantially equal to the requirements of this state, if the applicant passes the applicable
 examination described in Subsection (1)(e) or (2)(e).
        Section 3. Section 58-42a-302.1 is enacted to read:
        58-42a-302.1. Criminal background check.
        (1) An applicant for licensure under this chapter who requires a criminal background
 check shall:
        (a) submit fingerprint cards in a form acceptable to the division at the time the license
 application is filed; and
        (b) consent to a fingerprint background check conducted by the Bureau of Criminal
 Identification and the Federal Bureau of Investigation regarding the application.
        (2) The division shall:
        (a) in addition to other fees authorized by this chapter, collect from each applicant
 submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
 Identification is authorized to collect for the services provided under Section 53-10-108 and the
 fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
 obtaining federal criminal history record information;
        (b) submit from each applicant the fingerprint card and the fees described in
 Subsection (2)(a) to the Bureau of Criminal Identification; and
        (c) obtain and retain in division records a signed waiver approved by the Bureau of
 Criminal Identification in accordance with Section 53-10-108 for each applicant.
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        H.B. 154                                                                        Enrolled Copy
        (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
 Section 53-10-108:
        (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
 and regional criminal records databases;
        (b) forward the fingerprints to the Federal Bureau of Investigation for a national
 criminal history background check; and
        (c) provide the results from the state, regional, and nationwide criminal history
 background checks to the division.
        (4) For purposes of conducting a criminal background check required under this
 section, the division shall have direct access to criminal background information maintained
 under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
        (5) The division may not disseminate outside of the division any criminal history
 record information that the division obtains from the Bureau of Criminal Identification or the
 Federal Bureau of Investigation under the criminal background check requirements of this
 section.
        (6) (a) A new occupational therapist assistant license issued under Subsection
 58-42a-302(2) is conditional pending completion of the criminal background check.
        (b) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
 criminal background check required in Subsection 58-42a-302(2) demonstrates the applicant
 has failed to accurately disclose a criminal history, the license is immediately and automatically
 revoked upon notice to the licensee by the division.
        (c) A person whose conditional license has been revoked under Subsection (6)(b) is
 entitled to a postrevocation hearing to challenge the revocation.
        (d) The division shall conduct a postrevocation hearing in accordance with Title 63G,
 Chapter 4, Administrative Procedures Act.
        (7) The division may not issue a letter of qualification to participate in the
 Occupational Therapy Licensure Compact until the criminal background check described in
 this section is completed.
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        Enrolled Copy                                                                         H.B. 154
        Section 4. Section 58-42b-101 is enacted to read:
            CHAPTER 42b. OCCUPATIONAL THERAPY LICENSURE COMPACT
                                          Part 1. Compact Text
        58-42b-101. 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 5. Section 58-42b-102 is enacted to read:
        58-42b-102. 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
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        H.B. 154                                                                         Enrolled Copy
 orders pursuant to 10 U.S.C. Chapter 1209 and Section 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, 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 said Adverse Action has been reported to
 the National Practitioners Data Bank (NPDB).
        (I) "Executive Committee" means a group of directors elected or appointed to act on
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        Enrolled Copy                                                                           H.B. 154
 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 an individual whose professional practice is
 adversely affected by substance abuse, addiction, or other health-related conditions.
        (L) "Investigative Information" means information, records, and/or 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.
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