Stricken language would be deleted from and underlined language would be added to present law.
Act 257 of the Regular Session
1 State of Arkansas As Engrossed: S3/2/23
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1082
4
5 By: Representative Pilkington
6 By: Senator Flippo
7
8 For An Act To Be Entitled
9 AN ACT TO ESTABLISH THE OCCUPATIONAL THERAPY
10 LICENSURE COMPACT IN ARKANSAS; AND FOR OTHER
11 PURPOSES.
12
13
14 Subtitle
15 TO ESTABLISH THE OCCUPATIONAL THERAPY
16 LICENSURE COMPACT IN ARKANSAS.
17
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. Arkansas Code Title 17, Chapter 88, is amended to add an
22 additional subchapter to read as follows
23 Subchapter 4 — Occupational Therapy Licensure Compact
24
25 17-88-401. Text of compact.
26 The Occupational Therapy Licensure Compact is enacted into law and
27 entered into by this state with all states legally joining therein and in the
28 form substantially as follows:
29
30 OCCUPATIONAL THERAPY LICENSURE COMPACT
31
32 SECTION 1. PURPOSE
33 The purpose of this Compact is to facilitate interstate practice of
34 Occupational Therapy with the goal of improving public access to Occupational
35 Therapy services. The Practice of Occupational Therapy occurs in the State
36 where the patient/client is located at the time of the patient/client
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1 encounter. The Compact preserves the regulatory authority of States to
2 protect public health and safety through the current system of State
3 licensure.
4
5 This Compact is designed to achieve the following objectives:
6
7 A. Increase public access to Occupational Therapy services by providing for
8 the mutual recognition of other Member State licenses;
9 B. Enhance the States’ ability to protect the public’s health and safety;
10 C. Encourage the cooperation of Member States in regulating multi-State
11 Occupational Therapy Practice;
12 D. Support spouses of relocating military members;
13 E. Enhance the exchange of licensure, investigative, and disciplinary
14 information between Member States;
15 F. Allow a Remote State to hold a provider of services with a Compact
16 Privilege in that State accountable to that State’s practice standards; and
17 G. Facilitate the use of Telehealth technology in order to increase access
18 to Occupational Therapy services.
19
20 SECTION 2. DEFINITIONS
21 As used in this Compact, and except as otherwise provided, the following
22 definitions shall apply:
23 A. “Active Duty Military” means full-time duty status in the active
24 uniformed service of the United States, including members of the National
25 Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209
26 and 10 U.S.C. Chapter 1211.
27 B. “Adverse Action” means any administrative, civil, equitable, or criminal
28 action permitted by a State’s laws which is imposed by a Licensing Board or
29 other authority against an Occupational Therapist or Occupational Therapy
30 Assistant, including actions against an individual’s license or Compact
31 Privilege such as censure, revocation, suspension, probation, monitoring of
32 the Licensee, or restriction on the Licensee’s practice.
33 C. “Alternative Program” means a non-disciplinary monitoring process
34 approved by an Occupational Therapy Licensing Board.
35 D. “Compact Privilege” means the authorization, which is equivalent to a
36 license, granted by a Remote State to allow a Licensee from another Member
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1 State to practice as an Occupational Therapist or practice as an Occupational
2 Therapy Assistant in the Remote State under its laws and rules. The Practice
3 of Occupational Therapy occurs in the Member State where the patient/client
4 is located at the time of the patient/client encounter.
5 E. “Continuing Competence/Education” means a requirement, as a condition of
6 license renewal, to provide evidence of participation in, and/or completion
7 of, educational and professional activities relevant to practice or area of
8 work.
9 F. “Current Significant Investigative Information” means Investigative
10 Information that a Licensing Board, after an inquiry or investigation that
11 includes notification and an opportunity for the Occupational Therapist or
12 Occupational Therapy Assistant to respond, if required by State law, has
13 reason to believe is not groundless and, if proved true, would indicate more
14 than a minor infraction.
15 G. “Data System” means a repository of information about Licensees,
16 including but not limited to license status, Investigative Information,
17 Compact Privileges, and Adverse Actions.
18 H. “Encumbered License” means a license in which an Adverse Action restricts
19 the Practice of Occupational Therapy by the Licensee or said Adverse Action
20 has been reported to the National Practitioners Data Bank (NPDB).
21 I. “Executive Committee” means a group of directors elected or appointed to
22 act on behalf of, and within the powers granted to them by, the Commission.
23 J. “Home State” means the Member State that is the Licensee’s Primary State
24 of Residence.
25 K. “Impaired Practitioner” means individuals whose professional practice is
26 adversely affected by substance abuse, addiction, or other health-related
27 conditions.
28 L. “Investigative Information” means information, records, and/or documents
29 received or generated by an Occupational Therapy Licensing Board pursuant to
30 an investigation.
31 M. “Jurisprudence Requirement” means the assessment of an individual’s
32 knowledge of the laws and rules governing the Practice of Occupational
33 Therapy in a State.
34 N. “Licensee” means an individual who currently holds an authorization from
35 the State to practice as an Occupational Therapist or as an Occupational
36 Therapy Assistant.
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1 O. “Member State” means a State that has enacted the Compact.
2 P. “Occupational Therapist” means an individual who is licensed by a State
3 to practice Occupational Therapy.
4 Q. “Occupational Therapy Assistant” means an individual who is licensed by a
5 State to assist in the Practice of Occupational Therapy.
6 R. “Occupational Therapy,” “Occupational Therapy Practice,” and the
7 “Practice of Occupational Therapy” mean the care and services provided by an
8 Occupational Therapist or an Occupational Therapy Assistant as set forth in
9 the Member State’s statutes and regulations.
10 S. “Occupational Therapy Compact Commission” or “Commission” means the
11 national administrative body whose membership consists of all States that
12 have enacted the Compact.
13 T. “Occupational Therapy Licensing Board” or “Licensing Board” means the
14 agency of a State that is authorized to license and regulate Occupational
15 Therapists and Occupational Therapy Assistants.
16 U. “Primary State of Residence” means the state (also known as the Home
17 State) in which an Occupational Therapist or Occupational Therapy Assistant
18 who is not Active Duty Military declares a primary residence for legal
19 purposes as verified by: driver’s license, federal income tax return, lease,
20 deed, mortgage or voter registration or other verifying documentation as
21 further defined by Commission Rules.
22 V. “Remote State” means a Member State other than the Home State, where a
23 Licensee is exercising or seeking to exercise the Compact Privilege.
24 W. “Rule” means a regulation promulgated by the Commission that has the
25 force of law.
26 X. “State” means any state, commonwealth, district, or territory of the
27 United States of America that regulates the Practice of Occupational Therapy.
28 Y. “Single-State License” means an Occupational Therapist or Occupational
29 Therapy Assistant license issued by a Member State that authorizes practice
30 only within the issuing State and does not include a Compact Privilege in any
31 other Member State.
32 Z. “Telehealth” means the application of telecommunication technology to
33 deliver Occupational Therapy services for assessment, intervention and/or
34 consultation.
35
36 SECTION 3. STATE PARTICIPATION IN THE COMPACT
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1 A. To participate in the Compact, a Member State shall:
2 1. License Occupational Therapists and Occupational Therapy Assistants
3 2. Participate fully in the Commission’s Data System, including but
4 not limited to using the Commission’s unique identifier as defined in Rules
5 of the Commission;
6 3. Have a mechanism in place for receiving and investigating
7 complaints about Licensees;
8 4. Notify the Commission, in compliance with the terms of the Compact
9 and Rules, of any Adverse Action or the availability of Investigative
10 Information regarding a Licensee;
11 5. Implement or utilize procedures for considering the criminal
12 history records of applicants for an initial Compact Privilege. These
13 procedures shall include the submission of fingerprints or other biometric-
14 based information by applicants for the purpose of obtaining an applicant’s
15 criminal history record information from the Federal Bureau of Investigation
16 and the agency responsible for retaining that State’s criminal records;
17 a. A Member State shall, within a time frame established by the
18 Commission, require a criminal background check for a Licensee
19 seeking/applying for a Compact Privilege whose Primary State of Residence is
20 that Member State, by receiving the results of the Federal Bureau of
21 Investigation criminal record search, and shall use the results in making
22 licensure decisions.
23 b. Communication between a Member State, the Commission and
24 among Member States regarding the verification of eligibility for licensure
25 through the Compact shall not include any information received from the
26 Federal Bureau of Investigation relating to a federal criminal records check
27 performed by a Member State under Public Law 92-544.
28 6. Comply with the Rules of the Commission;
29 7. Utilize only a recognized national examination as a requirement for
30 licensure pursuant to the Rules of the Commission; and
31 8. Have Continuing Competence/Education requirements as a condition
32 for license renewal.
33 B. A Member State shall grant the Compact Privilege to a Licensee holding a
34 valid unencumbered license in another Member State in accordance with the
35 terms of the Compact and Rules.
36 C. Member States may charge a fee for granting a Compact Privilege.
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1 D. A Member State shall provide for the State’s delegate to attend all
2 Occupational Therapy Compact Commission meetings.
3 E. Individuals not residing in a Member State shall continue to be able to
4 apply for a Member State’s Single-State License as provided under the laws of
5 each Member State. However, the Single-State License granted to these
6 individuals shall not be recognized as granting the Compact Privilege in any
7 other Member State.
8 F. Nothing in this Compact shall affect the requirements established by a
9 Member State for the issuance of a Single-State License.
10
11 SECTION 4. COMPACT PRIVILEGE
12 A. To exercise the Compact Privilege under the terms and provisions of the
13 Compact, the Licensee shall:
14 1. Hold a license in the Home State;
15 2. Have a valid United States Social Security Number or National
16 Practitioner Identification number;
17 3. Have no encumbrance on any State license;
18 4. Be eligible for a Compact Privilege in any Member State in
19 accordance with Section 4D, F, G, and H;
20 5. Have paid all fines and completed all requirements resulting from
21 any Adverse Action against any license or Compact Privilege, and two years
22 have elapsed from the date of such completion;
23 6. Notify the Commission that the Licensee is seeking the Compact
24 Privilege within a Remote State(s);
25 7. Pay any applicable fees, including any State fee, for the Compact
26 Privilege;
27 8. Complete a criminal background check in accordance with Section
28 3A(5);
29 a. The Licensee shall be responsible for the payment of any fee
30 associated with the completion of a criminal background check.
31 9. Meet any Jurisprudence Requirements established by the Remote
32 State(s) in which the Licensee is seeking a Compact Privilege; and
33 10. Report to the Commission Adverse Action taken by any non-Member
34 State within 30 days from the date the Adverse Action is taken.
35 B. The Compact Privilege is valid until the expiration date of the Home
36 State license. The Licensee must comply with the requirements of Section 4A
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1 to maintain the Compact Privilege in the Remote State.
2 C. A Licensee providing Occupational Therapy in a Remote State under the
3 Compact Privilege shall function within the laws and regulations of the
4 Remote State.
5 D. Occupational Therapy Assistants practicing in a Remote State shall be
6 supervised by an Occupational Therapist licensed or holding a Compact
7 Privilege in that Remote State.
8 E. A Licensee providing Occupational Therapy in a Remote State is subject to
9 that State’s regulatory authority. A Remote State may, in accordance with due
10 process and that State’s laws, remove a Licensee’s Compact Privilege in the
11 Remote State for a specific period of time, impose fines, and/or take any
12 other necessary actions to protect the health and safety of its citizens. The
13 Licensee may be ineligible for a Compact Privilege in any State until the
14 specific time for removal has passed and all fines are paid.
15 F. If a Home State license is encumbered, the Licensee shall lose the
16 Compact Privilege in any Remote State until the following occur:
17 1. The Home State license is no longer encumbered; and
18 2. Two years have elapsed from the date on which the Home State
19 license is no longer encumbered in accordance with Section 4(F)(1).
20 G. Once an Encumbered License in the Home State is restored to good
21 standing, the Licensee must meet the requirements of Section 4A to obtain a
22 Compact Privilege in any Remote State.
23 H. If a Licensee’s Compact Privilege in any Remote State is removed, the
24 individual may lose the Compact Privilege in any other Remote State until the
25 following occur:
26 1. The specific period of time for which the Compact Privilege was
27 removed has ended;
28 2. All fines have been paid and all conditions have been met;
29 3. Two years have elapsed from the date of completing requirements for
30 4(H)(1) and (2); and
31 4. The Compact Privileges are reinstated by the Commission, and the
32 compact Data System is updated to reflect reinstatement.
33 I. If a Licensee’s Compact Privilege in any Remote State is removed due to
34 an erroneous charge, privileges shall be restored through the compact Data
35 System.
36 J. Once the requirements of Section 4H have been met, the Licensee must meet
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1 the requirements in Section 4A to obtain a Compact Privilege in a Remote
2 State.
3
4 SECTION 5: OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF COMPACT PRIVILEGE
5 A. An Occupational Therapist or Occupational Therapy Assistant may hold a
6 Home State license, which allows for Compact Privileges in Member States, in
7 only one Member State at a time.
8 B. If an Occupational Therapist or Occupational Therapy Assistant changes
9 Primary State of Residence by moving between two Member States:
10 1. The Occupational Therapist or Occupational Therapy Assistant shall
11 file an application for obtaining a new Home State license by virtue of a
12 Compact Privilege, pay all applicable fees, and notify the current and new
13 Home State in accordance with applicable Rules adopted by the Commission.
14 2. Upon receipt of an application for obtaining a new Home State
15 license by virtue of compact privilege, the new Home State shall verify that
16 th