S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7948
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 4, 2023
                                ___________
 
 Introduced by M. of A. MILLER -- read once and referred to the Committee
   on Higher Education
 
 AN  ACT to amend the education law, in relation to adopting the Physical
   Therapy Licensure Compact (Part A); to amend  the  education  law,  in
   relation to adopting the Interstate Occupational Therapy Compact (Part
   B);  and  to  amend  the  education  law,  in relation to adopting the
   Audiology and Speech-Language Pathology Interstate Compact (Part C);
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation enacting
 the  Physical  Therapy  Licensure  Compact,  the Interstate Occupational
 Therapy Compact, and the Audiology and Speech-Language Pathology  Inter-
 state Compact.  Each component is wholly contained within a Part identi-
 fied  as  Parts  A  through  C.  The  effective date for each particular
 provision contained within such Part is set forth in the last section of
 such Part. Any provision in any section contained within a Part, includ-
 ing the effective date of the Part, which makes reference to  a  section
 "of  this  act", when used in connection with that particular component,
 shall be deemed to mean and refer to the corresponding  section  of  the
 Part  in  which  it  is  found. Section three of this act sets forth the
 general effective date of this act.
 
                                  PART A
 
   Section 1. The education law is amended by adding a new  section  6744
 to read as follows:
   §  6744.  PHYSICAL  THERAPY  LICENSURE  COMPACT.  THE PHYSICAL THERAPY
 LICENSURE COMPACT IS HEREBY ENACTED INTO LAW AND ENTERED INTO  WITH  ALL
 JURISDICTIONS  LEGALLY  JOINING  THEREIN  IN  THE  FORM SUBSTANTIALLY AS
 FOLLOWS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11346-01-3
 A. 7948                             2
              

 
                    PHYSICAL THERAPY LICENSURE COMPACT
                                SECTION 1.
                                  PURPOSE
 
   THE  PURPOSE  OF  THIS COMPACT IS TO FACILITATE INTERSTATE PRACTICE OF
 PHYSICAL THERAPY WITH THE GOAL OF IMPROVING PUBLIC  ACCESS  TO  PHYSICAL
 THERAPY  SERVICES.  THE PRACTICE OF PHYSICAL 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:
   1.  INCREASE  PUBLIC  ACCESS TO PHYSICAL THERAPY SERVICES BY PROVIDING
 FOR THE MUTUAL RECOGNITION OF OTHER MEMBER STATE LICENSES;
   2. ENHANCE THE STATES' ABILITY TO  PROTECT  THE  PUBLIC'S  HEALTH  AND
 SAFETY;
   3.  ENCOURAGE  THE  COOPERATION  OF MEMBER STATES IN REGULATING MULTI-
 STATE PHYSICAL THERAPY PRACTICE;
   4. SUPPORT SPOUSES OF RELOCATING MILITARY MEMBERS;
   5. ENHANCE THE EXCHANGE OF LICENSURE, INVESTIGATIVE, AND  DISCIPLINARY
 INFORMATION BETWEEN MEMBER STATES; AND
   6.  ALLOW A REMOTE STATE TO HOLD A PROVIDER OF SERVICES WITH A COMPACT
 PRIVILEGE IN THAT STATE ACCOUNTABLE TO THAT STATE'S PRACTICE STANDARDS.

                                SECTION 2.
                                DEFINITIONS
 
   AS USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED, THE FOLLOW-
 ING DEFINITIONS SHALL APPLY:
   1. "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.
 SECTION 1209 AND 1211.
   2.  "ADVERSE  ACTION"  MEANS  DISCIPLINARY  ACTION TAKEN BY A PHYSICAL
 THERAPY LICENSING BOARD BASED UPON MISCONDUCT, UNACCEPTABLE PERFORMANCE,
 OR A COMBINATION OF BOTH.
   3. "ALTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY MONITORING OR  PRAC-
 TICE REMEDIATION PROCESS APPROVED BY A PHYSICAL THERAPY LICENSING BOARD.
 THIS INCLUDES, BUT IS NOT LIMITED TO, SUBSTANCE ABUSE ISSUES.
   4.  "COMPACT  PRIVILEGE"  MEANS  THE AUTHORIZATION GRANTED BY A REMOTE
 STATE TO ALLOW A LICENSEE FROM ANOTHER MEMBER STATE  TO  PRACTICE  AS  A
 PHYSICAL  THERAPIST  OR  WORK  AS  A PHYSICAL THERAPIST ASSISTANT IN THE
 REMOTE STATE UNDER ITS LAWS AND RULES. THE PRACTICE OF PHYSICAL  THERAPY
 OCCURS  IN  THE  MEMBER STATE WHERE THE PATIENT/CLIENT IS LOCATED AT THE
 TIME OF THE PATIENT/CLIENT ENCOUNTER.
   5.  "CONTINUING COMPETENCE" 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 PRAC-
 TICE OR AREA OF WORK.
   6.  "DATA SYSTEM" MEANS A REPOSITORY OF INFORMATION  ABOUT  LICENSEES,
 INCLUDING  EXAMINATION, LICENSURE, INVESTIGATIVE, COMPACT PRIVILEGE, AND
 ADVERSE ACTION.
   7. "ENCUMBERED LICENSE"  MEANS  A  LICENSE  THAT  A  PHYSICAL  THERAPY
 LICENSING BOARD HAS LIMITED IN ANY WAY.
 A. 7948                             3
 
   8.  "EXECUTIVE  BOARD" MEANS A GROUP OF DIRECTORS ELECTED OR APPOINTED
 TO ACT ON BEHALF OF, AND WITHIN THE  POWERS  GRANTED  TO  THEM  BY,  THE
 COMMISSION.
   9.  "HOME STATE" MEANS THE MEMBER STATE THAT IS THE LICENSEE'S PRIMARY
 STATE OF RESIDENCE.
   10. "INVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS, AND  DOCU-
 MENTS RECEIVED OR GENERATED BY A PHYSICAL THERAPY LICENSING BOARD PURSU-
 ANT TO AN INVESTIGATION.
   11.  "JURISPRUDENCE  REQUIREMENT"  MEANS THE ASSESSMENT OF AN INDIVID-
 UAL'S KNOWLEDGE OF THE LAWS AND RULES GOVERNING THE PRACTICE OF PHYSICAL
 THERAPY IN A STATE.
   12. "LICENSEE" MEANS AN INDIVIDUAL WHO  CURRENTLY  HOLDS  AN  AUTHORI-
 ZATION  FROM THE STATE TO PRACTICE AS A PHYSICAL THERAPIST OR TO WORK AS
 A PHYSICAL THERAPIST ASSISTANT.
   13. "MEMBER STATE" MEANS A STATE THAT HAS ENACTED THE COMPACT.
   14. "PARTY STATE" MEANS ANY MEMBER STATE IN WHICH A LICENSEE  HOLDS  A
 CURRENT  LICENSE  OR  COMPACT  PRIVILEGE OR IS APPLYING FOR A LICENSE OR
 COMPACT PRIVILEGE.
   15. "PHYSICAL THERAPIST" MEANS AN INDIVIDUAL  WHO  IS  LICENSED  BY  A
 STATE TO PRACTICE PHYSICAL THERAPY.
   16.   "PHYSICAL  THERAPIST  ASSISTANT"  MEANS  AN  INDIVIDUAL  WHO  IS
 LICENSED/CERTIFIED BY A STATE AND WHO ASSISTS THE PHYSICAL THERAPIST  IN
 SELECTED COMPONENTS OF PHYSICAL THERAPY.
   17. "PHYSICAL THERAPY," "PHYSICAL THERAPY PRACTICE," AND "THE PRACTICE
 OF PHYSICAL THERAPY" MEAN THE CARE AND SERVICES PROVIDED BY OR UNDER THE
 DIRECTION AND SUPERVISION OF A LICENSED PHYSICAL THERAPIST.
   18.  "PHYSICAL  THERAPY  COMPACT COMMISSION" OR "COMMISSION" MEANS THE
 NATIONAL ADMINISTRATIVE BODY WHOSE MEMBERSHIP  CONSISTS  OF  ALL  STATES
 THAT HAVE ENACTED THE COMPACT.
   19.  "PHYSICAL THERAPY LICENSING BOARD" OR "LICENSING BOARD" MEANS THE
 AGENCY OF A STATE THAT IS RESPONSIBLE FOR THE LICENSING  AND  REGULATION
 OF PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS.
   20.    "REMOTE  STATE" MEANS A MEMBER STATE OTHER THAN THE HOME STATE,
 WHERE A LICENSEE IS EXERCISING OR SEEKING TO EXERCISE THE COMPACT PRIVI-
 LEGE.
   21. "RULE" MEANS A REGULATION, PRINCIPLE, OR DIRECTIVE PROMULGATED  BY
 THE COMMISSION THAT HAS THE FORCE OF LAW.
   22.   "STATE" MEANS ANY STATE, COMMONWEALTH, DISTRICT, OR TERRITORY OF
 THE UNITED STATES OF AMERICA THAT REGULATES  THE  PRACTICE  OF  PHYSICAL
 THERAPY.
 
                                SECTION 3.
                    STATE PARTICIPATION IN THE COMPACT
 
   A. TO PARTICIPATE IN THE COMPACT, A STATE MUST:
   1.  PARTICIPATE FULLY IN THE COMMISSION'S DATA SYSTEM, INCLUDING USING
 THE COMMISSION'S UNIQUE IDENTIFIER AS DEFINED IN RULES;
   2.  HAVE  A  MECHANISM  IN  PLACE  FOR  RECEIVING  AND   INVESTIGATING
 COMPLAINTS ABOUT LICENSEES;
   3.  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;
   4.  FULLY  IMPLEMENT A CRIMINAL BACKGROUND CHECK REQUIREMENT, WITHIN A
 TIME FRAME ESTABLISHED BY RULE, BY RECEIVING THE RESULTS OF THE  FEDERAL
 BUREAU  OF INVESTIGATION RECORD SEARCH ON CRIMINAL BACKGROUND CHECKS AND
 A. 7948                             4
 
 USE THE RESULTS IN MAKING LICENSURE DECISIONS IN ACCORDANCE WITH SECTION
 3.B.;
   5. COMPLY WITH THE RULES OF THE COMMISSION;
   6.  UTILIZE  A  RECOGNIZED  NATIONAL  EXAMINATION AS A REQUIREMENT FOR
 LICENSURE PURSUANT TO THE RULES OF THE COMMISSION; AND
   7. HAVE CONTINUING COMPETENCE REQUIREMENTS AS A CONDITION FOR  LICENSE
 RENEWAL.
   B.  UPON  ADOPTION  OF  THIS  STATUTE, THE MEMBER STATE SHALL HAVE THE
 AUTHORITY TO OBTAIN BIOMETRIC-BASED INFORMATION FROM EACH PHYSICAL THER-
 APY LICENSURE APPLICANT AND  SUBMIT  THIS  INFORMATION  TO  THE  FEDERAL
 BUREAU  OF  INVESTIGATION  FOR A CRIMINAL BACKGROUND CHECK IN ACCORDANCE
 WITH 28 U.S.C. § 534 AND 42 U.S.C. § 14616.
   C. A MEMBER STATE SHALL GRANT THE  COMPACT  PRIVILEGE  TO  A  LICENSEE
 HOLDING  A VALID UNENCUMBERED LICENSE IN ANOTHER MEMBER STATE IN ACCORD-
 ANCE WITH THE TERMS OF THE COMPACT AND RULES.
   D. MEMBER STATES MAY CHARGE A FEE FOR GRANTING A COMPACT PRIVILEGE
 
                                SECTION 4.
                             COMPACT PRIVILEGE
 
   A. TO EXERCISE THE COMPACT PRIVILEGE UNDER THE TERMS AND PROVISIONS OF
 THE COMPACT, THE LICENSEE SHALL:
   1. HOLD A LICENSE IN THE HOME STATE;
   2. HAVE NO ENCUMBRANCE ON ANY STATE LICENSE;
   3. BE ELIGIBLE FOR A COMPACT PRIVILEGE IN ANY MEMBER STATE IN  ACCORD-
 ANCE WITH SECTION 4D, G AND H;
   4.  HAVE  NOT  HAD  ANY  ADVERSE ACTION AGAINST ANY LICENSE OR COMPACT
 PRIVILEGE WITHIN THE PREVIOUS 2 YEARS;
   5. NOTIFY THE COMMISSION THAT THE  LICENSEE  IS  SEEKING  THE  COMPACT
 PRIVILEGE WITHIN A REMOTE STATE(S);
   6.   PAY ANY APPLICABLE FEES, INCLUDING ANY STATE FEE, FOR THE COMPACT
 PRIVILEGE;
   7.   MEET ANY JURISPRUDENCE REQUIREMENTS  ESTABLISHED  BY  THE  REMOTE
 STATE(S) IN WHICH THE LICENSEE IS SEEKING A COMPACT PRIVILEGE; AND
   8.  REPORT  TO  THE  COMMISSION ADVERSE ACTION TAKEN BY ANY NON-MEMBER
 STATE WITHIN 30 DAYS FROM THE DATE THE ADVERSE ACTION IS TAKEN.
   B. THE COMPACT PRIVILEGE IS VALID UNTIL THE  EXPIRATION  DATE  OF  THE
 HOME  LICENSE. THE LICENSEE MUST COMPLY WITH THE REQUIREMENTS OF SECTION
 4.A. TO MAINTAIN THE COMPACT PRIVILEGE IN THE REMOTE STATE.
   C. A LICENSEE PROVIDING PHYSICAL THERAPY IN A REMOTE STATE  UNDER  THE
 COMPACT  PRIVILEGE SHALL FUNCTION WITHIN THE LAWS AND REGULATIONS OF THE
 REMOTE STATE.
   D. A LICENSEE PROVIDING PHYSICAL THERAPY IN A REMOTE STATE IS  SUBJECT
 TO  THAT STATE'S REGULATORY AUTHORITY. A REMOTE STATE MAY, IN ACCORDANCE
 WITH DUE PROCESS AND THAT STATE'S  LAWS,  REMOVE  A  LICENSEE'S  COMPACT
 PRIVILEGE  IN  THE  REMOTE  STATE  FOR A SPECIFIC PERIOD OF TIME, IMPOSE
 FINES, AND/OR TAKE ANY OTHER NECESSARY ACTIONS TO PROTECT THE HEALTH AND
 SAFETY OF ITS CITIZENS.   THE LICENSEE IS NOT  ELIGIBLE  FOR  A  COMPACT
 PRIVILEGE  IN  ANY  STATE UNTIL THE SPECIFIC TIME FOR REMOVAL HAS PASSED
 AND ALL FINES ARE PAID.
   E. IF A HOME STATE LICENSE IS ENCUMBERED, THE LICENSEE SHALL LOSE  THE
 COMPACT PRIVILEGE IN ANY REMOTE STATE UNTIL THE FOLLOWING OCCUR:
   1. THE HOME STATE LICENSE IS NO LONGER ENCUMBERED; AND
   2. TWO YEARS HAVE ELAPSED FROM THE DATE OF THE ADVERSE ACTION.
 A. 7948                             5
 
   F.  ONCE  AN  ENCUMBERED LICENSE IN THE HOME STATE IS RESTORED TO GOOD
 STANDING, THE LICENSEE MUST MEET  THE  REQUIREMENTS  OF  SECTION  4A  TO
 OBTAIN A COMPACT PRIVILEGE IN ANY REMOTE STATE.
   G.  IF  A LICENSEE'S COMPACT PRIVILEGE IN ANY REMOTE STATE IS REMOVED,
 THE INDIVIDUAL SHALL LOSE THE COMPACT  PRIVILEGE  IN  ANY  REMOTE  STATE
 UNTIL THE FOLLOWING OCCUR:
   1.  THE  SPECIFIC  PERIOD  OF TIME FOR WHICH THE COMPACT PRIVILEGE WAS
 REMOVED HAS ENDED;
   2. ALL FINES HAVE BEEN PAID; AND
   3. TWO YEARS HAVE ELAPSED FROM THE DATE OF THE ADVERSE ACTION.
   H. ONCE THE REQUIREMENTS OF SECTION 4G HAVE BEEN MET, THE LICENSE MUST
 MEET THE REQUIREMENTS IN SECTION 4A TO OBTAIN A COMPACT PRIVILEGE  IN  A
 REMOTE STATE.
 
                                SECTION 5.
              ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
 
   A LICENSEE WHO IS ACTIVE DUTY MILITARY OR IS THE SPOUSE OF AN INDIVID-
 UAL  WHO  IS  ACTIVE DUTY MILITARY MAY DESIGNATE ONE OF THE FOLLOWING AS
 THE HOME STATE:
   A. HOME OF RECORD;
   B. PERMANENT CHANGE OF STATION (PCS); OR
   C. STATE OF CURRENT RESIDENCE IF IT IS DIFFERENT THAN THE PCS STATE OR
 HOME OF RECORD.
 
                                SECTION 6.
                              ADVERSE ACTIONS
 
   A. A HOME STATE SHALL HAVE EXCLUSIVE POWER TO  IMPOSE  ADVERSE  ACTION
 AGAINST A LICENSE ISSUED BY THE HOME STATE.
   B.  A  HOME  STATE  MAY TAKE ADVERSE ACTION BASED ON THE INVESTIGATIVE
 INFORMATION OF A REMOTE STATE, SO LONG AS THE HOME STATE FOLLOWS ITS OWN
 PROCEDURES FOR IMPOSING ADVERSE ACTION.
   C. NOTHING IN THIS COMPACT SHALL OVERRIDE A  MEMBER  STATE'S  DECISION
 THAT  PARTICIPATION  IN  AN  ALTERNATIVE  PROGRAM MAY BE USED IN LIEU OF
 ADVERSE ACTION AND THAT SUCH PARTICIPATION SHALL  REMAIN  NON-PUBLIC  IF
 REQUIRED  BY  THE MEMBER STATE'S LAWS. MEMBER STATES MUST REQUIRE LICEN-
 SEES WHO ENTER ANY ALTERNATIVE PROGRAMS IN LIEU OF DISCIPLINE  TO  AGREE
 NOT  TO PRACTICE IN ANY OTHER MEMBER STATE DURING THE TERM OF THE ALTER-
 NATIVE PROGRAM WITHOUT PRIOR AUTHORIZATION FROM SUCH OTHER MEMBER STATE.
   D. ANY MEMBER STATE MAY INVESTIGATE ACTUAL OR  ALLEGED  VIOLATIONS  OF
 THE  STATUTES  AND RULES AUTHORIZING THE PRACTICE OF PHYSICAL THERAPY IN
 ANY OTHER MEMBER STATE IN WHICH A PHYSICAL THERAPIST OR PHYSICAL  THERA-
 PIST ASSISTANT HOLDS A LICENSE OR COMPACT PRIVILEGE.
   E. A REMOTE STATE SHALL HAVE THE AUTHORITY TO:
   1.  TAKE  ADVERSE  ACTIONS  AS  SET  FORTH  IN  SECTION 4.D. AGAINST A
 LICENSEE'S COMPACT PRIVILEGE IN THE STATE;
   2. ISSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS  THAT  REQUIRE
 THE  ATTENDANCE  AND  TESTIMONY  OF  WITNESSES,  AND  THE  PRODUCTION OF
 EVIDENCE.  SUBPOENAS ISSUED BY A PHYSICAL THERAPY LICENSING BOARD  IN  A
 PARTY  STATE  FOR  THE ATTENDANCE AND TESTIMONY OF WITNESSES, AND/OR THE
 PRODUCTION OF EVIDENCE FROM ANOTHER PARTY STATE, SHALL  BE  ENFORCED  IN
 THE  LATTER  STATE  BY ANY COURT OF COMPETENT JURISDICTION, ACCORDING TO
 THE PRACTICE AND PROCEDURE OF THAT COURT APPLICABLE TO SUBPOENAS  ISSUED
 IN  PROCEEDINGS  PENDING BEFORE IT.  THE ISSUING AUTHORITY SHALL PAY ANY
 WITNESS FEES, TRAVEL EXPENSES, MILEAGE, AND OTHER FEES REQUIRED  BY  THE
 A. 7948                             6

 SERVICE  STATUTES  OF  THE STATE WHERE THE WITNESSES AND/OR EVIDENCE ARE
 LOCATED; AND
   3.  IF OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM THE LICENSEE THE
 COSTS OF INVESTIGATIONS AND DISPOSITION  OF  CASES  RESULTING  FROM  ANY
 ADVERSE ACTION TAKEN AGAINST THAT LICENSEE.
   F. JOINT INVESTIGATIONS.
   1.  IN  ADDITION  TO  THE  AUTHORITY  GRANTED TO A MEMBER STATE BY ITS
 RESPECTIVE PHYSICAL THERAPY PRACTICE ACT OR OTHER APPLICABLE STATE  LAW,
 A  MEMBER STATE MAY PARTICIPATE WITH OTHER MEMBER STATES IN JOINT INVES-
 TIGATIONS OF LICENSEES.
   2. MEMBER STATES SHALL SHARE ANY INVESTIGATIVE, LITIGATION, OR COMPLI-
 ANCE MATERIALS IN FURTHERANCE OF ANY JOINT OR  INDIVIDUAL  INVESTIGATION
 INITIATED UNDER THE COMPACT.
 
                                SECTION 7.
         ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION.
 
   A.  THE  COMPACT  MEMBER  STATES  HEREBY  CREATE AND ESTABLISH A JOINT
 PUBLIC AGENCY KNOWN AS THE PHYSICAL THERAPY COMPACT COMMISSION:
   1. THE COMMISSION IS AN INSTRUMENTALITY OF THE COMPACT STATES.
   2. VENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST THE  COMMIS-
 SION  SHALL  BE  BROUGHT  SOLELY AND EXCLUSIVELY IN A COURT OF COMPETENT
 JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE  COMMISSION  IS  LOCATED.
 THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DEFENSES TO THE EXTENT
 IT  ADOPTS  OR CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION
 PROCEEDINGS.
   3. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A WAIVER OF SOVER-
 EIGN IMMUNITY.
   B. MEMBERSHIP, VOTING, AND MEETINGS.
   1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED  TO  ONE  (1)  DELEGATE
 SELECTED BY THAT MEMBER STATE'S LICENSING BOARD.
   2.  THE DELEGATE SHALL BE A CURRENT MEMBER OF THE LICENSING BOARD, WHO
 IS A PHYSICAL THERAPIST, PHYSICAL THERAPIST ASSISTANT, PUBLIC MEMBER, OR
 THE BOARD ADMINISTRATOR.
   3. ANY DELEGATE MAY BE REMOVED OR SUSPENDED FROM OFFICE AS PROVIDED BY
 THE LAW OF THE STATE FROM WHICH THE DELEGATE IS APPOINTED.
   4. THE MEMBER STATE BOARD SHALL FILL  ANY  VACANCY  OCCURRING  IN  THE
 COMMISSION.
   5.  EACH DELEGATE SHALL BE ENTITLED TO ONE (1) VOTE WITH REGARD TO THE
 PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN
 OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND AFFAIRS  OF  THE  COMMIS-
 SION.
   6.  A DELEGATE SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS PROVIDED
 IN THE BYLAWS. THE BYLAWS MAY PROVIDE FOR  DELEGATES'  PARTICIPATION  IN
 MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
   7.  THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
 ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS.
   C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION;
   2. ESTABLISH BYLAWS;
   3. MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE BYLAWS;
   4. MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE PROVISIONS OF
 THIS COMPACT AND THE BYLAWS;
   5. PROMULGATE UNIFORM RULES TO FACILITATE AND  COORDINATE  IMPLEMENTA-
 TION  AND ADMINISTRATION OF THIS COMPACT. THE RULES SHALL HAVE THE FORCE
 AND EFFECT OF LAW AND SHALL BE BINDING IN ALL MEMBER STATES;
 A. 7948                             7
 
   6. BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF THE
 COMMISSION, PROVIDED THAT THE STANDING OF  ANY  STATE  PHYSICAL  THERAPY
 LICENSING  BOARD  TO  SUE  OR  BE SUED UNDER APPLICABLE LAW SHALL NOT BE
 AFFECTED;
   7. PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   8.  BORROW,  ACCEPT, OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
 BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE;
   9. HIRE EMPLOYEES, ELECT OR APPOINT OFFICERS, FIX COMPENSATION, DEFINE
 DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO  CARRY  OUT  THE
 PURPOSES  OF  THE  COMPACT,  AND TO ESTABLISH THE COMMISSION'S PERSONNEL
 POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST,  QUALIFICATIONS
 OF PERSONNEL, AND OTHER RELATED PERSONNEL MATTERS;
   10.  ACCEPT  ANY  AND  ALL  APPROPRIATE DONATIONS AND GRANTS OF MONEY,
 EQUIPMENT, SUPPLIES, MATERIALS AND SERVICES, AND TO RECEIVE, UTILIZE AND
 DISPOSE OF THE SAME; PROVIDED THAT AT ALL  TIMES  THE  COMMISSION  SHALL
 AVOID ANY APPEARANCE OF IMPROPRIETY AND/OR CONFLICT OF INTEREST;
   11.  LEASE,  PURCHASE,  ACCEPT  APPROPRIATE  GIFTS OR DONATIONS OF, OR
 OTHERWISE TO OWN, HOLD, IMPROVE OR USE, ANY PROPERTY, REAL, PERSONAL  OR
 MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY APPEAR-
 ANCE OF IMPROPRIETY;
   12. SELL CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON, OR OTHER-
 WISE DISPOSE OF ANY PROPERTY REAL, PERSONAL, OR MIXED;
   13. ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   14. BORROW MONEY;
   15.  APPOINT  COMMITTEES,  INCLUDING  STANDING  COMMITTEES COMPOSED OF
 MEMBERS, STATE REGULATORS, STATE LEGISLATORS OR  THEIR  REPRESENTATIVES,
 AND  CONSUMER  REPRESENTATIVES, AND SUCH OTHER INTERESTED PERSONS AS MAY
 BE DESIGNATED IN THIS COMPACT AND THE BYLAWS;
   16. PROVIDE AND RECEIVE INFORMATION  FROM,  AND  COOPERATE  WITH,  LAW
 ENFORCEMENT AGENCIES;
   17. ESTABLISH AND ELECT AN EXECUTIVE BOARD; AND
   18. PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO
 ACHIEVE  THE  PURPOSES  OF  THIS COMPACT CONSISTENT WITH THE STATE REGU-
 LATION OF PHYSICAL THERAPY LICENSURE AND PRACTICE.
   D. THE EXECUTIVE BOARD.
   THE EXECUTIVE BOARD SHALL HAVE THE POWER  TO  ACT  ON  BEHALF  OF  THE
 COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT.
   1. THE EXECUTIVE BOARD SHALL BE COMPOSED OF NINE MEMBERS:
   A.  SEVEN  VOTING  MEMBERS  WHO ARE ELECTED BY THE COMMISSION FROM THE
 CURRENT MEMBERSHIP OF THE COMMISSION;
   B. ONE EX-OFFICIO, NONVOTING MEMBER FROM THE RECOGNIZED NATIONAL PHYS-
 ICAL THERAPY PROFESSIONAL ASSOCIATION; AND
   C. ONE EX-OFFICIO, NONVOTING MEMBER  FROM  THE  RECOGNIZED  MEMBERSHIP
 ORGANIZATION OF THE PHYSICAL THERAPY LICENSING BOARDS.
   2.  THE EX-OFFICIO MEMBERS WILL BE SELECTED BY THEIR RESPECTIVE ORGAN-
 IZATIONS.
   3. THE COMMISSION MAY REMOVE ANY MEMBER  OF  THE  EXECUTIVE  BOARD  AS
 PROVIDED IN BYLAWS.
   4. THE EXECUTIVE BOARD SHALL MEET AT LEAST ANNUALLY.
   5.  THE  EXECUTIVE BOARD SHALL HAVE THE FOLLOWING DUTIES AND RESPONSI-
 BILITIES:
   A. RECOMMEND TO THE ENTIRE COMMISSION CHANGES TO THE RULES OR  BYLAWS,
 CHANGES  TO THIS COMPACT LEGISLATION, FEES PAID BY COMPACT MEMBER STATES
 SUCH AS ANNUAL DUES, AND ANY COMMISSION COMPACT FEE CHARGED TO LICENSEES
 FOR THE COMPACT PRIVILEGE;
 A. 7948                             8
 
   B. ENSURE COMPACT ADMINISTRATION SERVICES ARE APPROPRIATELY  PROVIDED,
 CONTRACTUAL OR OTHERWISE;
   C. PREPARE AND RECOMMEND THE BUDGET;
   D. MAINTAIN FINANCIAL RECORDS ON BEHALF OF THE COMMISSION;
   E.  MONITOR COMPACT COMPLIANCE OF MEMBER STATES AND PROVIDE COMPLIANCE
 REPORTS TO THE COMMISSION;
   F. ESTABLISH ADDITIONAL COMMITTEES AS NECESSARY; AND
   G. OTHER DUTIES AS PROVIDED IN RULES OR BYLAWS.
   E. MEETINGS OF THE COMMISSION.
   1. ALL MEETINGS SHALL BE OPEN TO THE  PUBLIC,  AND  PUBLIC  NOTICE  OF
 MEETINGS  SHALL  BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE-
 MAKING PROVISIONS IN SECTION 9.
   2. THE COMMISSION OR THE EXECUTIVE BOARD OR OTHER  COMMITTEES  OF  THE
 COMMISSION MAY CONVENE IN A CLOSED, NON-PUBLIC MEETING IF THE COMMISSION
 OR EXECUTIVE BOARD OR OTHER COMMITTEES OF THE COMMISSION MUST DISCUSS:
   A.  NON-COMPLIANCE  OF  A  MEMBER STATE WITH ITS OBLIGATIONS UNDER THE
 COMPACT;
   B. THE EMPLOYMENT, COMPENSATION, DISCIPLINE OR  OTHER  MATTERS,  PRAC-
 TICES  OR  PROCEDURES  RELATED  TO  SPECIFIC  EMPLOYEES OR OTHER MATTERS
 RELATED TO THE COMMISSION'S INTERNAL PERSONNEL PRACTICES AND PROCEDURES;
   C. CURRENT, THREATENED, OR REASONABLY ANTICIPATED LITIGATION;
   D. NEGOTIATION OF CONTRACTS FOR THE PURCHASE, LEASE, OR SALE OF GOODS,
 SERVICES, OR REAL ESTATE;
   E. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON;
   F. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL  INFORMATION
 THAT IS PRIVILEGED OR CONFIDENTIAL;
   G.  DISCLOSURE  OF  INFORMATION  OF A PERSONAL NATURE WHERE DISCLOSURE
 WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
   H. DISCLOSURE OF INVESTIGATIVE RECORDS COMPILED  FOR  LAW  ENFORCEMENT
 PURPOSES;
   I.  DISCLOSURE  OF  INFORMATION  RELATED  TO ANY INVESTIGATIVE REPORTS
 PREPARED BY OR ON BEHALF OF OR  FOR  USE  OF  THE  COMMISSION  OR  OTHER
 COMMITTEE  CHARGED WITH RESPONSIBILITY OF INVESTIGATION OR DETERMINATION
 OF COMPLIANCE ISSUES PURSUANT TO THE COMPACT; OR
   J. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL OR  MEMBER
 STATE STATUTE.
   3.  IF  A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS
 PROVISION, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY THAT
 THE MEETING MAY BE CLOSED AND SHALL REFERENCE  EACH  RELEVANT  EXEMPTING
 PROVISION.
   4.  THE  COMMISSION SHALL KEEP MINUTES THAT FULLY AND CLEARLY DESCRIBE
 ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND ACCURATE
 SUMMARY OF  ACTIONS  TAKEN,  AND  THE  REASONS  THEREFORE,  INCLUDING  A
 DESCRIPTION   OF  THE  VIEWS  EXPRESSED.  ALL  DOCUMENTS  CONSIDERED  IN
 CONNECTION WITH AN ACTION SHALL  BE  IDENTIFIED  IN  SUCH  MINUTES.  ALL
 MINUTES  AND  DOCUMENTS  OF  A  CLOSED  MEETING SHALL REMAIN UNDER SEAL,
 SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE COMMISSION OR  ORDER  OF  A
 COURT OF COMPETENT JURISDICTION.
   F. FINANCING OF THE COMMISSION.
   1.  THE  COMMISSION  SHALL  PAY,  OR  PROVIDE  FOR THE PAYMENT OF, THE
 REASONABLE EXPENSES OF  ITS  ESTABLISHMENT,  ORGANIZATION,  AND  ONGOING
 ACTIVITIES.
   2.  THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE REVENUE SOURCES,
 DONATIONS, AND GRANTS OF  MONEY,  EQUIPMENT,  SUPPLIES,  MATERIALS,  AND
 SERVICES.
 A. 7948                             9
 
   3.  THE  COMMISSION  MAY LEVY ON AND COLLECT AN ANNUAL ASSESSMENT FROM
 EACH MEMBER STATE OR IMPOSE FEES ON OTHER PARTIES TO COVER THE  COST  OF
 THE  OPERATIONS  AND  ACTIVITIES  OF THE COMMISSION AND ITS STAFF, WHICH
 MUST BE IN A TOTAL AMOUNT SUFFICIENT  TO  COVER  ITS  ANNUAL  BUDGET  AS
 APPROVED  EACH  YEAR FOR WHICH REVENUE IS NOT PROVIDED BY OTHER SOURCES.
 THE AGGREGATE ANNUAL ASSESSMENT AMOUNT SHALL BE ALLOCATED BASED  UPON  A
 FORMULA  TO  BE  DETERMINED  BY THE COMMISSION, WHICH SHALL PROMULGATE A
 RULE BINDING UPON ALL MEMBER STATES.
   4. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF  ANY  KIND  PRIOR  TO
 SECURING  THE  FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL THE COMMISSION
 PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES, EXCEPT BY  AND  WITH  THE
 AUTHORITY OF THE MEMBER STATE.
   5.  THE  COMMISSION  SHALL  KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND
 DISBURSEMENTS.  THE RECEIPTS AND DISBURSEMENTS OF THE  COMMISSION  SHALL
 BE  SUBJECT TO THE AUDIT AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS
 BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY  THE
 COMMISSION  SHALL  BE  AUDITED  YEARLY BY A CERTIFIED OR LICENSED PUBLIC
 ACCOUNTANT, AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND  BECOME
 PART OF THE ANNUAL REPORT OF THE COMMISSION.
   G. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.
   1.  THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESEN-
 TATIVES OF THE COMMISSION SHALL  BE  IMMUNE  FROM  SUIT  AND  LIABILITY,
 EITHER  PERSONALLY  OR  IN  THEIR  OFFICIAL  CAPACITY, FOR ANY CLAIM FOR
 DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL  LIABIL-
 ITY  CAUSED  BY  OR  ARISING  OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR
 OMISSION THAT OCCURRED, OR THAT THE PERSON AGAINST  WHOM  THE  CLAIM  IS
 MADE  HAD  A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
 COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING
 IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT  ANY  SUCH  PERSON  FROM
 SUIT  AND/OR LIABILITY FOR ANY DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED
 BY THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT PERSON.
   2. THE COMMISSION SHALL DEFEND ANY MEMBER, OFFICER,  EXECUTIVE  DIREC-
 TOR,  EMPLOYEE  OR  REPRESENTATIVE OF THE COMMISSION IN ANY CIVIL ACTION
 SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL  OR  ALLEGED  ACT,
 ERROR,  OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOY-
 MENT, DUTIES, OR RESPONSIBILITIES, OR THAT THE PERSON AGAINST  WHOM  THE
 CLAIM  IS  MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE
 SCOPE OF COMMISSION EMPLOYMENT, DUTIES,  OR  RESPONSIBILITIES;  PROVIDED
 THAT  NOTHING  HEREIN  SHALL  BE  CONSTRUED TO PROHIBIT THAT PERSON FROM
 RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED FURTHER, THAT THE  ACTUAL
 OR  ALLEGED  ACT,  ERROR,  OR OMISSION DID NOT RESULT FROM THAT PERSON'S
 INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT.
   3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY MEMBER,  OFFI-
 CER,  EXECUTIVE  DIRECTOR, EMPLOYEE, OR REPRESENTATIVE OF THE COMMISSION
 FOR THE AMOUNT OF ANY  SETTLEMENT  OR  JUDGMENT  OBTAINED  AGAINST  THAT
 PERSON  ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT
 OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
 BILITIES, OR THAT SUCH PERSON  HAD  A  REASONABLE  BASIS  FOR  BELIEVING
 OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
 BILITIES,  PROVIDED  THAT  THE ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION
 DID NOT RESULT FROM THE INTENTIONAL OR WILLFUL OR WANTON  MISCONDUCT  OF
 THAT PERSON.
 
                                SECTION 8.
                                DATA SYSTEM
 A. 7948                            10
 
   A.  THE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT, MAINTENANCE, AND
 UTILIZATION OF A COORDINATED DATABASE AND  REPORTING  SYSTEM  CONTAINING
 LICENSURE, ADVERSE ACTION, AND INVESTIGATIVE INFORMATION ON ALL LICENSED
 INDIVIDUALS IN MEMBER STATES.
   B. NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY, A
 MEMBER  STATE  SHALL SUBMIT A UNIFORM DATA SET TO THE DATA SYSTEM ON ALL
 INDIVIDUALS TO WHOM THIS COMPACT IS APPLICABLE AS REQUIRED BY THE  RULES
 OF THE COMMISSION, INCLUDING:
   1. IDENTIFYING INFORMATION;
   2. LICENSURE DATA;
   3. ADVERSE ACTIONS AGAINST A LICENSE OR COMPACT PRIVILEGE;
   4. NON-CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTIC-
 IPATION;
   5. ANY DENIAL OF APPLICATION FOR LICENSURE, AND THE REASON(S) FOR SUCH
 DENIAL; AND
   6.  OTHER  INFORMATION  THAT MAY FACILITATE THE ADMINISTRATION OF THIS
 COMPACT, AS DETERMINED BY THE RULES OF THE COMMISSION.
   C. INVESTIGATIVE INFORMATION PERTAINING TO A LICENSEE  IN  ANY  MEMBER
 STATE WILL ONLY BE AVAILABLE TO OTHER PARTY STATES.
   D.  THE  COMMISSION  SHALL  PROMPTLY  NOTIFY  ALL MEMBER STATES OF ANY
 ADVERSE ACTION TAKEN AGAINST A LICENSEE OR AN INDIVIDUAL APPLYING FOR  A
 LICENSE.    ADVERSE  ACTION  INFORMATION PERTAINING TO A LICENSEE IN ANY
 MEMBER STATE WILL BE AVAILABLE TO ANY OTHER MEMBER STATE.
   E. MEMBER STATES CONTRIBUTING  INFORMATION  TO  THE  DATA  SYSTEM  MAY
 DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH THE PUBLIC WITHOUT THE
 EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
   F.  ANY  INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS SUBSEQUENTLY
 REQUIRED TO BE EXPUNGED BY THE LAWS OF THE MEMBER STATE CONTRIBUTING THE
 INFORMATION SHALL BE REMOVED FROM THE DATA SYSTEM.
 
                                SECTION 9.
                                RULEMAKING
 
   A. THE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS PURSUANT TO THE
 CRITERIA SET FORTH IN THIS SECTION AND  THE  RULES  ADOPTED  THEREUNDER.
 RULES  AND  AMENDMENTS  SHALL BECOME BINDING AS OF THE DATE SPECIFIED IN
 EACH RULE OR AMENDMENT.
   B. IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER  STATES  REJECTS  A
 RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE SAME MANNER USED TO
 ADOPT  THE  COMPACT  WITHIN 4 YEARS OF THE DATE OF ADOPTION OF THE RULE,
 THEN SUCH RULE SHALL HAVE NO FURTHER FORCE  AND  EFFECT  IN  ANY  MEMBER
 STATE.
   C.  RULES  OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A REGULAR OR
 SPECIAL MEETING OF THE COMMISSION.
   D. PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR RULES BY  THE
 COMMISSION,  AND  AT LEAST THIRTY (30) DAYS IN ADVANCE OF THE MEETING AT
 WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON, THE  COMMISSION  SHALL
 FILE A NOTICE OF PROPOSED RULEMAKING:
   1. ON THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY ACCESSIBLE PLAT-
 FORM; AND
   2.  ON  THE  WEBSITE  OF  EACH MEMBER STATE PHYSICAL THERAPY LICENSING
 BOARD OR OTHER PUBLICLY ACCESSIBLE PLATFORM OR THE PUBLICATION IN  WHICH
 EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES.
   E. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE:
   1.  THE  PROPOSED TIME, DATE, AND LOCATION OF THE MEETING IN WHICH THE
 RULE WILL BE CONSIDERED AND VOTED UPON;
 A. 7948                            11
 
   2. THE TEXT OF THE PROPOSED RULE OR AMENDMENT AND THE REASON  FOR  THE
 PROPOSED RULE;
   3.  A  REQUEST  FOR  COMMENTS ON THE PROPOSED RULE FROM ANY INTERESTED
 PERSON; AND
   4. THE MANNER IN WHICH INTERESTED PERSONS MAY  SUBMIT  NOTICE  TO  THE
 COMMISSION OF THEIR INTENTION TO ATTEND THE PUBLIC HEARING AND ANY WRIT-
 TEN COMMENTS.
   F.  PRIOR  TO  ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL ALLOW
 PERSONS TO SUBMIT WRITTEN DATA, FACTS, OPINIONS,  AND  ARGUMENTS,  WHICH
 SHALL BE MADE AVAILABLE TO THE PUBLIC.
   G.  THE  COMMISSION  SHALL  GRANT  AN OPPORTUNITY FOR A PUBLIC HEARING
 BEFORE IT ADOPTS A RULE OR AMENDMENT IF A HEARING IS REQUESTED BY:
   1. AT LEAST TWENTY-FIVE (25) PERSONS;
   2. A STATE OR FEDERAL GOVERNMENTAL SUBDIVISION OR AGENCY; OR
   3. AN ASSOCIATION HAVING AT LEAST TWENTY-FIVE (25) MEMBERS.
   H. IF A HEARING IS HELD ON THE PROPOSED RULE OR AMENDMENT, THE COMMIS-
 SION SHALL PUBLISH THE PLACE, TIME, AND DATE  OF  THE  SCHEDULED  PUBLIC
 HEARING.  IF  THE  HEARING  IS HELD VIA ELECTRONIC MEANS, THE COMMISSION
 SHALL PUBLISH THE MECHANISM FOR ACCESS TO THE ELECTRONIC HEARING.
   1. ALL PERSONS WISHING TO BE HEARD AT THE  HEARING  SHALL  NOTIFY  THE
 EXECUTIVE DIRECTOR OF THE COMMISSION OR OTHER DESIGNATED MEMBER IN WRIT-
 ING  OF  THEIR DESIRE TO APPEAR AND TESTIFY AT THE HEARING NOT LESS THAN
 FIVE (5) BUSINESS DAYS BEFORE THE SCHEDULED DATE OF THE HEARING.
   2. HEARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING EACH  PERSON  WHO
 WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
 IN WRITING.
   3. ALL HEARINGS WILL BE RECORDED. A COPY OF THE RECORDING WILL BE MADE
 AVAILABLE ON REQUEST.
   4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE
 HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE  CONVENIENCE  OF  THE
 COMMISSION AT HEARINGS REQUIRED BY THIS SECTION.
   I.  FOLLOWING  THE SCHEDULED HEARING DATE, OR BY THE CLOSE OF BUSINESS
 ON THE SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD,  THE  COMMIS-
 SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
   J.  IF  NO  WRITTEN  NOTICE  OF INTENT TO ATTEND THE PUBLIC HEARING BY
 INTERESTED PARTIES IS RECEIVED, THE COMMISSION MAY PROCEED WITH  PROMUL-
 GATION OF THE PROPOSED RULE WITHOUT A PUBLIC HEARING.
   K.  THE  COMMISSION SHALL, BY MAJORITY VOTE OF ALL MEMBERS, TAKE FINAL
 ACTION ON THE PROPOSED RULE AND SHALL DETERMINE THE  EFFECTIVE  DATE  OF
 THE  RULE,  IF  ANY, BASED ON THE RULEMAKING RECORD AND THE FULL TEXT OF
 THE RULE.
   L. UPON DETERMINATION THAT AN EMERGENCY  EXISTS,  THE  COMMISSION  MAY
 CONSIDER  AND  ADOPT AN EMERGENCY RULE WITHOUT PRIOR NOTICE, OPPORTUNITY
 FOR COMMENT, OR HEARING, PROVIDED THAT THE USUAL  RULEMAKING  PROCEDURES
 PROVIDED  IN  THE  COMPACT  AND  IN  THIS SECTION SHALL BE RETROACTIVELY
 APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE, IN  NO  EVENT  LATER
 THAN  NINETY  (90)  DAYS  AFTER  THE EFFECTIVE DATE OF THE RULE. FOR THE
 PURPOSES OF THIS PROVISION, AN  EMERGENCY  RULE  IS  ONE  THAT  MUST  BE
 ADOPTED IMMEDIATELY IN ORDER TO:
   1. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY, OR WELFARE;
   2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS;
   3. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
 IS ESTABLISHED BY FEDERAL LAW OR RULE; OR
   4. PROTECT PUBLIC HEALTH AND SAFETY.
   M.  THE  COMMISSION  OR  AN AUTHORIZED COMMITTEE OF THE COMMISSION MAY
 DIRECT REVISIONS TO A PREVIOUSLY ADOPTED RULE OR AMENDMENT FOR  PURPOSES
 A. 7948                            12
 
 OF CORRECTING TYPOGRAPHICAL ERRORS, ERRORS IN FORMAT, ERRORS IN CONSIST-
 ENCY,  OR  GRAMMATICAL  ERRORS.  PUBLIC NOTICE OF ANY REVISIONS SHALL BE
 POSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION SHALL  BE  SUBJECT
 TO  CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY (30) DAYS AFTER POST-
 ING. THE REVISION MAY BE CHALLENGED ONLY ON GROUNDS  THAT  THE  REVISION
 RESULTS  IN  A  MATERIAL  CHANGE TO A RULE. A CHALLENGE SHALL BE MADE IN
 WRITING, AND DELIVERED TO THE CHAIR OF THE COMMISSION PRIOR TO  THE  END
 OF  THE  NOTICE  PERIOD. IF NO CHALLENGE IS MADE, THE REVISION WILL TAKE
 EFFECT WITHOUT FURTHER  ACTION.  IF  THE  REVISION  IS  CHALLENGED,  THE
 REVISION MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE COMMISSION.
 
                                SECTION 10.
              OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
 
   A. OVERSIGHT.
   1.  THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF STATE GOVERN-
 MENT IN EACH MEMBER STATE  SHALL  ENFORCE  THIS  COMPACT  AND  TAKE  ALL
 ACTIONS  NECESSARY  AND APPROPRIATE TO EFFECTUATE THE COMPACT'S PURPOSES
 AND INTENT. THE PROVISIONS OF THIS COMPACT  AND  THE  RULES  PROMULGATED
 HEREUNDER SHALL HAVE STANDING AS STATUTORY LAW.
   2.  ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE RULES
 IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A MEMBER STATE  PERTAIN-
 ING  TO  THE SUBJECT MATTER OF THIS COMPACT WHICH MAY AFFECT THE POWERS,
 RESPONSIBILITIES OR ACTIONS OF THE COMMISSION.
   3. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF  PROCESS  IN
 ANY  SUCH  PROCEEDING,  AND  SHALL  HAVE STANDING TO INTERVENE IN SUCH A
 PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE  OF  PROCESS  TO
 THE  COMMISSION  SHALL RENDER A JUDGMENT OR ORDER VOID AS TO THE COMMIS-
 SION, THIS COMPACT, OR PROMULGATED RULES.
   B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.
   1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS  DEFAULTED  IN
 THE  PERFORMANCE  OF  ITS  OBLIGATIONS  OR  RESPONSIBILITIES  UNDER THIS
 COMPACT OR THE PROMULGATED RULES, THE COMMISSION SHALL:
   A. PROVIDE WRITTEN NOTICE TO THE DEFAULTING  STATE  AND  OTHER  MEMBER
 STATES  OF  THE  NATURE OF THE DEFAULT, THE PROPOSED MEANS OF CURING THE
 DEFAULT AND/OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
   B. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARD-
 ING THE DEFAULT.
   2. IF A STATE IN DEFAULT FAILS TO CURE  THE  DEFAULT,  THE  DEFAULTING
 STATE  MAY  BE TERMINATED FROM THE COMPACT UPON AN AFFIRMATIVE VOTE OF A
 MAJORITY OF THE MEMBER STATES, AND ALL RIGHTS, PRIVILEGES  AND  BENEFITS
 CONFERRED  BY  THIS  COMPACT  MAY BE TERMINATED ON THE EFFECTIVE DATE OF
 TERMINATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFENDING  STATE
 OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT.
   3.  TERMINATION  OF  MEMBERSHIP  IN  THE COMPACT SHALL BE IMPOSED ONLY
 AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
 OF INTENT TO SUSPEND OR TERMINATE SHALL BE GIVEN BY  THE  COMMISSION  TO
 THE  GOVERNOR,  THE  MAJORITY  AND  MINORITY  LEADERS  OF THE DEFAULTING
 STATE'S LEGISLATURE, AND EACH OF THE MEMBER STATES.
   4. A STATE THAT HAS BEEN TERMINATED IS  RESPONSIBLE  FOR  ALL  ASSESS-
 MENTS,  OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE
 OF TERMINATION, INCLUDING OBLIGATIONS THAT EXTEND BEYOND  THE  EFFECTIVE
 DATE OF TERMINATION.
   5.  THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS
 FOUND TO BE IN DEFAULT OR THAT HAS BEEN  TERMINATED  FROM  THE  COMPACT,
 A. 7948                            13
 
 UNLESS  AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE DEFAULTING
 STATE.
   6.  THE  DEFAULTING  STATE  MAY APPEAL THE ACTION OF THE COMMISSION BY
 PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR  THE
 FEDERAL  DISTRICT  WHERE  THE  COMMISSION HAS ITS PRINCIPAL OFFICES. THE
 PREVAILING MEMBER SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
 ING REASONABLE ATTORNEY'S FEES.
   C. DISPUTE RESOLUTION.
   1. UPON REQUEST BY A MEMBER STATE, THE  COMMISSION  SHALL  ATTEMPT  TO
 RESOLVE  DISPUTES  RELATED TO THE COMPACT THAT ARISE AMONG MEMBER STATES
 AND BETWEEN MEMBER AND NON-MEMBER STATES.
   2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
 AND BINDING DISPUTE RESOLUTION FOR DISPUTES AS APPROPRIATE.
   D. ENFORCEMENT.
   1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL
 ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
   2. BY MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION  IN  THE
 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
 DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A MEMBER
 STATE  IN  DEFAULT  TO  ENFORCE  COMPLIANCE  WITH  THE PROVISIONS OF THE
 COMPACT AND ITS PROMULGATED RULES AND  BYLAWS.  THE  RELIEF  SOUGHT  MAY
 INCLUDE  BOTH  INJUNCTIVE  RELIEF  AND  DAMAGES.  IN  THE EVENT JUDICIAL
 ENFORCEMENT IS NECESSARY, THE PREVAILING MEMBER  SHALL  BE  AWARDED  ALL
 COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY'S FEES.
   3.  THE  REMEDIES  HEREIN  SHALL  NOT BE THE EXCLUSIVE REMEDIES OF THE
 COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
 FEDERAL OR STATE LAW.

                                SECTION 11.
     DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL
                                  THERAPY
         PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
 
   A. THE COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH THE COMPACT
 STATUTE IS ENACTED INTO LAW IN THE TENTH MEMBER STATE.  THE  PROVISIONS,
 WHICH  BECOME  EFFECTIVE  AT  THAT  TIME, SHALL BE LIMITED TO THE POWERS
 GRANTED TO THE COMMISSION RELATING TO ASSEMBLY AND THE  PROMULGATION  OF
 RULES.  THEREAFTER,  THE  COMMISSION  SHALL MEET AND EXERCISE RULEMAKING
 POWERS  NECESSARY  TO  THE  IMPLEMENTATION  AND  ADMINISTRATION  OF  THE
 COMPACT.
   B.  ANY  STATE  THAT  JOINS THE COMPACT SUBSEQUENT TO THE COMMISSION'S
 INITIAL ADOPTION OF THE RULES SHALL BE SUBJECT  TO  THE  RULES  AS  THEY
 EXIST  ON  THE  DATE ON WHICH THE COMPACT BECOMES LAW IN THAT STATE. ANY
 RULE THAT HAS BEEN PREVIOUSLY ADOPTED BY THE COMMISSION SHALL  HAVE  THE
 FULL  FORCE AND EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW IN THAT
 STATE.
   C. ANY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY ENACTING A STAT-
 UTE REPEALING THE SAME.
   1. A MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE  EFFECT  UNTIL  SIX  (6)
 MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE.
   2. WITHDRAWAL SHALL NOT AFFECT THE CONTINUING REQUIREMENT OF THE WITH-
 DRAWING  STATE'S  PHYSICAL  THERAPY  LICENSING  BOARD TO COMPLY WITH THE
 INVESTIGATIVE AND ADVERSE ACTION  REPORTING  REQUIREMENTS  OF  THIS  ACT
 PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL.
   D.  NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
 OR PREVENT ANY PHYSICAL THERAPY LICENSURE AGREEMENT OR OTHER COOPERATIVE
 A. 7948                            14
 
 ARRANGEMENT BETWEEN A MEMBER STATE AND A NON-MEMBER STATE THAT DOES  NOT
 CONFLICT WITH THE PROVISIONS OF THIS COMPACT.
   E.  THIS  COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO AMENDMENT TO
 THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON  ANY  MEMBER  STATE
 UNTIL IT IS ENACTED INTO THE LAWS OF ALL MEMBER STATES.
 
                                SECTION 12.
                       CONSTRUCTION AND SEVERABILITY
 
   THIS  COMPACT  SHALL  BE  LIBERALLY  CONSTRUED SO AS TO EFFECTUATE THE
 PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE  AND
 IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED
 TO  BE  CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE OR OF THE UNITED
 STATES OR THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON OR
 CIRCUMSTANCE IS HELD INVALID, THE VALIDITY  OF  THE  REMAINDER  OF  THIS
 COMPACT  AND THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON
 OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF THIS COMPACT SHALL  BE
 HELD  CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE, THE COMPACT SHALL
 REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING PARTY STATES AND  IN
 FULL FORCE AND EFFECT AS TO THE PARTY STATE AFFECTED AS TO ALL SEVERABLE
 MATTERS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
 
                                  PART B
 
   Section 1. The education law is amended by adding a new  section  7909
 to read as follows:
   § 7909. INTERSTATE OCCUPATIONAL THERAPY COMPACT . THE INTERSTATE OCCU-
 PATIONAL  THERAPY  COMPACT  IS  HEREBY ENACTED INTO LAW AND ENTERED INTO
 WITH ALL JURISDICTIONS LEGALLY JOINING THEREIN IN THE FORM SUBSTANTIALLY
 AS FOLLOWS:
 
                  INTERSTATE OCCUPATIONAL THERAPY 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 OCCUPA-
 TIONAL  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 PROVID-
 ING 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;
 A. 7948                            15
 
   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 FOLLOW-
 ING 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 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  INDIVID-
 UAL'S  LICENSE OR COMPACT PRIVILEGE SUCH AS CENSURE, REVOCATION, SUSPEN-
 SION, 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 CONDI-
 TION OF LICENSE RENEWAL, TO PROVIDE EVIDENCE OF PARTICIPATION IN, AND/OR
 COMPLETION OF, EDUCATIONAL AND PROFESSIONAL ACTIVITIES RELEVANT TO PRAC-
 TICE 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 THER-
 APIST 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 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.
 A. 7948                            16
 
   K. "IMPAIRED PRACTITIONER" MEANS INDIVIDUALS WHOSE PROFESSIONAL  PRAC-
 TICE  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.
   N. "LICENSEE" MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS AN AUTHORIZATION
 FROM THE STATE TO PRACTICE AS AN OCCUPATIONAL THERAPIST OR AS AN OCCUPA-
 TIONAL 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  ASSISTANT"  MEANS  AN  INDIVIDUAL  WHO  IS
 LICENSED BY A STATE TO ASSIST IN THE PRACTICE OF OCCUPATIONAL THERAPY.
   R. "OCCUPATIONAL THERAPY," "OCCUPATIONAL THERAPY  PRACTICE,"  AND  THE
 "PRACTICE  OF  OCCUPATIONAL THERAPY" MEAN THE CARE AND SERVICES PROVIDED
 BY AN OCCUPATIONAL THERAPIST OR AN OCCUPATIONAL THERAPY ASSISTANT AS SET
 FORTH IN THE MEMBER STATE'S STATUTES AND REGULATIONS.
   S. "OCCUPATIONAL THERAPY COMPACT COMMISSION" OR "COMMISSION" MEANS THE
 NATIONAL ADMINISTRATIVE BODY WHOSE MEMBERSHIP  CONSISTS  OF  ALL  STATES
 THAT HAVE ENACTED THE COMPACT.
   T.  "OCCUPATIONAL  THERAPY LICENSING BOARD" OR "LICENSING BOARD" MEANS
 THE AGENCY OF A STATE THAT IS AUTHORIZED TO LICENSE AND REGULATE OCCUPA-
 TIONAL 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: DRIVER'S LICENSE, FEDERAL INCOME TAX
 RETURN, LEASE, DEED, MORTGAGE OR VOTER REGISTRATION OR  OTHER  VERIFYING
 DOCUMENTATION AS FURTHER DEFINED BY COMMISSION RULES.
   V.  "REMOTE  STATE"  MEANS  A  MEMBER STATE OTHER THAN THE HOME STATE,
 WHERE A LICENSEE IS EXERCISING OR SEEKING TO EXERCISE THE COMPACT PRIVI-
 LEGE.
   W. "RULE" MEANS A REGULATION PROMULGATED BY THE  COMMISSION  THAT  HAS
 THE FORCE OF LAW.
   X.  "STATE"  MEANS  ANY STATE, COMMONWEALTH, DISTRICT, OR TERRITORY OF
 THE UNITED STATES OF AMERICA THAT REGULATES THE PRACTICE OF OCCUPATIONAL
 THERAPY.
   Y. "SINGLE-STATE LICENSE" MEANS AN OCCUPATIONAL THERAPIST  OR  OCCUPA-
 TIONAL  THERAPY  ASSISTANT LICENSE ISSUED BY A MEMBER STATE THAT AUTHOR-
 IZES PRACTICE ONLY WITHIN THE ISSUING  STATE  AND  DOES  NOT  INCLUDE  A
 COMPACT PRIVILEGE IN ANY OTHER MEMBER STATE.
   Z.  "TELEHEALTH" MEANS THE APPLICATION OF TELECOMMUNICATION TECHNOLOGY
 TO DELIVER OCCUPATIONAL THERAPY SERVICES  FOR  ASSESSMENT,  INTERVENTION
 AND/OR CONSULTATION.
 
                                SECTION 3.
                    STATE PARTICIPATION IN THE COMPACT
 
   A. TO PARTICIPATE IN THE COMPACT, A MEMBER STATE SHALL:
   1.  LICENSE  OCCUPATIONAL  THERAPISTS AND OCCUPATIONAL THERAPY ASSIST-
 ANTS;
 A. 7948                            17

   2. PARTICIPATE FULLY IN THE COMMISSION'S DATA  SYSTEM,  INCLUDING  BUT
 NOT  LIMITED  TO  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 HISTO-
 RY RECORDS OF APPLICANTS FOR AN INITIAL COMPACT PRIVILEGE. THESE  PROCE-
 DURES  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/APPLYING  FOR  A  COMPACT PRIVILEGE WHOSE PRIMARY STATE OF RESI-
 DENCE 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.
   B. COMMUNICATION BETWEEN A MEMBER  STATE,  THE  COMMISSION  AND  AMONG
 MEMBER  STATES  REGARDING  THE VERIFICATION OF ELIGIBILITY FOR LICENSURE
 THROUGH THE COMPACT SHALL 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 COMPETENCE/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  ACCORD-
 ANCE WITH THE TERMS OF THE COMPACT AND RULES.
   C. MEMBER STATES 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.
   E.  INDIVIDUALS  NOT  RESIDING  IN A MEMBER STATE SHALL CONTINUE TO BE
 ABLE TO APPLY FOR A MEMBER  STATE'S  SINGLE-STATE  LICENSE  AS  PROVIDED
 UNDER  THE LAWS OF EACH MEMBER STATE.  HOWEVER, THE SINGLE-STATE LICENSE
 GRANTED TO THESE INDIVIDUALS SHALL NOT BE  RECOGNIZED  AS  GRANTING  THE
 COMPACT PRIVILEGE IN ANY OTHER MEMBER STATE.
   F.  NOTHING  IN THIS COMPACT SHALL AFFECT THE REQUIREMENTS ESTABLISHED
 BY A MEMBER STATE FOR THE ISSUANCE OF A SINGLE-STATE LICENSE.

                                SECTION 4.
                             COMPACT PRIVILEGE
 
   A. TO EXERCISE THE COMPACT PRIVILEGE UNDER THE TERMS AND PROVISIONS OF
 THE COMPACT, THE LICENSEE SHALL:
   1. HOLD A LICENSE IN THE HOME STATE;
   2. HAVE A VALID UNITED STATES SOCIAL SECURITY NUMBER OR NATIONAL PRAC-
 TITIONER IDENTIFICATION NUMBER;
   3. HAVE NO ENCUMBRANCE ON ANY STATE LICENSE;
   4. BE ELIGIBLE FOR A COMPACT PRIVILEGE IN ANY MEMBER STATE IN  ACCORD-
 ANCE WITH SECTION 4D, F, G, AND H;
 A. 7948                            18
 
   5.  HAVE  PAID ALL FINES AND COMPLETED ALL REQUIREMENTS RESULTING FROM
 ANY ADVERSE ACTION AGAINST ANY LICENSE OR  COMPACT  PRIVILEGE,  AND  TWO
 YEARS HAVE ELAPSED FROM THE DATE OF SUCH COMPLETION;
   6.  NOTIFY  THE  COMMISSION  THAT  THE LICENSEE IS SEEKING THE COMPACT
 PRIVILEGE WITHIN A REMOTE STATE(S);
   7. PAY ANY APPLICABLE FEES, INCLUDING ANY STATE FEE, FOR  THE  COMPACT
 PRIVILEGE;
   8. COMPLETE A CRIMINAL BACKGROUND CHECK IN ACCORDANCE WITH
   SECTION 3A(5);
   A.  THE LICENSEE SHALL BE RESPONSIBLE FOR THE PAYMENT OF ANY FEE ASSO-
 CIATED WITH THE COMPLETION OF A CRIMINAL BACKGROUND CHECK.
   9. MEET ANY  JURISPRUDENCE  REQUIREMENTS  ESTABLISHED  BY  THE  REMOTE
 STATE(S) IN WHICH THE LICENSEE IS SEEKING A COMPACT PRIVILEGE; AND
   10.  REPORT  TO  THE COMMISSION ADVERSE ACTION TAKEN BY ANY NON-MEMBER
 STATE WITHIN 30 DAYS FROM THE DATE THE ADVERSE ACTION IS TAKEN.
   B. THE COMPACT PRIVILEGE IS VALID UNTIL THE  EXPIRATION  DATE  OF  THE
 HOME  STATE  LICENSE.  THE LICENSEE MUST COMPLY WITH THE REQUIREMENTS OF
 SECTION 4A TO MAINTAIN THE COMPACT PRIVILEGE IN THE REMOTE STATE.
   C. A LICENSEE PROVIDING OCCUPATIONAL THERAPY IN A REMOTE  STATE  UNDER
 THE  COMPACT PRIVILEGE SHALL FUNCTION WITHIN THE LAWS AND REGULATIONS OF
 THE REMOTE STATE.
   D. OCCUPATIONAL THERAPY ASSISTANTS PRACTICING IN A REMOTE STATE  SHALL
 BE SUPERVISED BY AN OCCUPATIONAL THERAPIST LICENSED OR HOLDING A COMPACT
 PRIVILEGE IN THAT REMOTE STATE.
   E.  A  LICENSEE  PROVIDING  OCCUPATIONAL  THERAPY IN A REMOTE STATE IS
 SUBJECT TO THAT STATE'S REGULATORY AUTHORITY. A  REMOTE  STATE  MAY,  IN
 ACCORDANCE  WITH  DUE PROCESS AND THAT STATE'S LAWS, REMOVE A LICENSEE'S
 COMPACT PRIVILEGE IN THE REMOTE STATE FOR A  SPECIFIC  PERIOD  OF  TIME,
 IMPOSE  FINES,  AND/OR  TAKE  ANY OTHER NECESSARY ACTIONS TO PROTECT THE
 HEALTH AND SAFETY OF ITS CITIZENS. THE LICENSEE MAY BE INELIGIBLE FOR  A
 COMPACT  PRIVILEGE  IN ANY STATE UNTIL THE SPECIFIC TIME FOR REMOVAL HAS
 PASSED AND ALL FINES ARE PAID.
   F. IF A HOME STATE LICENSE IS ENCUMBERED, THE LICENSEE SHALL LOSE  THE
 COMPACT PRIVILEGE IN ANY REMOTE STATE UNTIL THE FOLLOWING OCCUR:
   1. THE HOME STATE LICENSE IS NO LONGER ENCUMBERED; AND
   2.  TWO  YEARS  HAVE  ELAPSED  FROM  THE  DATE ON WHICH THE HOME STATE
 LICENSE IS NO LONGER ENCUMBERED IN ACCORDANCE WITH SECTION 4(F)(1).
   G. ONCE AN ENCUMBERED LICENSE IN THE HOME STATE IS  RESTORED  TO  GOOD
 STANDING,  THE  LICENSEE  MUST  MEET  THE  REQUIREMENTS OF SECTION 4A TO
 OBTAIN A COMPACT PRIVILEGE IN ANY REMOTE STATE.
   H. IF A LICENSEE'S COMPACT PRIVILEGE IN ANY REMOTE STATE  IS  REMOVED,
 THE  INDIVIDUAL MAY LOSE THE COMPACT PRIVILEGE IN ANY OTHER REMOTE STATE
 UNTIL THE FOLLOWING OCCUR:
   1. THE SPECIFIC PERIOD OF TIME FOR WHICH  THE  COMPACT  PRIVILEGE  WAS
 REMOVED HAS ENDED;
   2. ALL FINES HAVE BEEN PAID AND ALL CONDITIONS HAVE BEEN MET;
   3. TWO YEARS HAVE ELAPSED FROM THE DATE OF COMPLETING REQUIREMENTS FOR
 4(H)(1) AND (2); AND
   4.  THE  COMPACT  PRIVILEGES ARE REINSTATED BY THE COMMISSION, AND THE
 COMPACT DATA SYSTEM IS UPDATED TO REFLECT REINSTATEMENT.
   I. IF A LICENSEE'S COMPACT PRIVILEGE IN ANY REMOTE  STATE  IS  REMOVED
 DUE  TO  AN  ERRONEOUS  CHARGE, PRIVILEGES SHALL BE RESTORED THROUGH THE
 COMPACT DATA SYSTEM.
   J. ONCE THE REQUIREMENTS OF SECTION 4H HAVE BEEN MET, THE LICENSE MUST
 MEET THE REQUIREMENTS IN SECTION 4A TO OBTAIN A COMPACT PRIVILEGE  IN  A
 REMOTE STATE.
 A. 7948                            19
 
                                SECTION 5.
     OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF COMPACT PRIVILEGE
 
   A.  AN  OCCUPATIONAL  THERAPIST  OR OCCUPATIONAL THERAPY ASSISTANT MAY
 HOLD A HOME STATE LICENSE, WHICH ALLOWS FOR COMPACT PRIVILEGES IN MEMBER
 STATES, IN ONLY ONE MEMBER STATE AT A TIME.
   B. IF AN OCCUPATIONAL  THERAPIST  OR  OCCUPATIONAL  THERAPY  ASSISTANT
 CHANGES PRIMARY STATE OF RESIDENCE BY MOVING BETWEEN TWO MEMBER STATES:
   1.  THE OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT SHALL
 FILE AN APPLICATION FOR OBTAINING A NEW HOME STATE LICENSE BY VIRTUE  OF
 A COMPACT PRIVILEGE, PAY ALL APPLICABLE FEES, AND NOTIFY THE CURRENT AND
 NEW  HOME  STATE  IN  ACCORDANCE  WITH  APPLICABLE  RULES ADOPTED BY THE
 COMMISSION.
   2. UPON RECEIPT OF AN APPLICATION  FOR  OBTAINING  A  NEW  HOME  STATE
 LICENSE  BY VIRTUE OF COMPACT PRIVILEGE, THE NEW HOME STATE SHALL VERIFY
 THAT THE OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT  MEETS
 THE  PERTINENT CRITERIA OUTLINED IN SECTION 4 VIA THE DATA SYSTEM, WITH-
 OUT NEED FOR PRIMARY SOURCE VERIFICATION EXCEPT FOR:
   A. AN FBI FINGERPRINT BASED CRIMINAL BACKGROUND CHECK IF NOT PREVIOUS-
 LY PERFORMED OR UPDATED PURSUANT TO  APPLICABLE  RULES  ADOPTED  BY  THE
 COMMISSION IN ACCORDANCE WITH PUBLIC LAW 92-544;
   B.  OTHER CRIMINAL BACKGROUND CHECK AS REQUIRED BY THE NEW HOME STATE;
 AND
   C. SUBMISSION OF ANY REQUISITE JURISPRUDENCE REQUIREMENTS OF  THE  NEW
 HOME STATE.
   3.  THE  FORMER HOME STATE SHALL CONVERT THE FORMER HOME STATE LICENSE
 INTO A COMPACT PRIVILEGE ONCE THE NEW HOME STATE HAS ACTIVATED  THE  NEW
 HOME  STATE  LICENSE  IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE
 COMMISSION.
   4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS COMPACT, IF THE OCCUPA-
 TIONAL THERAPIST OR  OCCUPATIONAL  THERAPY  ASSISTANT  CANNOT  MEET  THE
 CRITERIA  IN  SECTION 4, THE NEW HOME STATE SHALL APPLY ITS REQUIREMENTS
 FOR ISSUING A NEW SINGLE-STATE LICENSE.
   5. THE OCCUPATIONAL THERAPIST OR THE  OCCUPATIONAL  THERAPY  ASSISTANT
 SHALL  PAY  ALL  APPLICABLE  FEES  TO  THE NEW HOME STATE IN ORDER TO BE
 ISSUED A NEW HOME STATE LICENSE.
   C. IF AN OCCUPATIONAL  THERAPIST  OR  OCCUPATIONAL  THERAPY  ASSISTANT
 CHANGES  PRIMARY  STATE  OF RESIDENCE BY MOVING FROM A MEMBER STATE TO A
 NON-MEMBER STATE, OR FROM A NON-MEMBER STATE  TO  A  MEMBER  STATE,  THE
 STATE CRITERIA SHALL APPLY FOR ISSUANCE OF A SINGLE-STATE LICENSE IN THE
 NEW STATE.
   D.  NOTHING  IN THIS COMPACT SHALL INTERFERE WITH A LICENSEE'S ABILITY
 TO HOLD A SINGLE-STATE LICENSE IN  MULTIPLE  STATES;  HOWEVER,  FOR  THE
 PURPOSES  OF  THIS  COMPACT,  A  LICENSEE SHALL HAVE ONLY ONE HOME STATE
 LICENSE.
   E. NOTHING IN THIS COMPACT SHALL AFFECT THE  REQUIREMENTS  ESTABLISHED
 BY A MEMBER STATE FOR THE ISSUANCE OF A SINGLE-STATE LICENSE.
 
                                SECTION 6.
              ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
 
   ACTIVE  DUTY  MILITARY  PERSONNEL, OR THEIR SPOUSES, SHALL DESIGNATE A
 HOME STATE WHERE THE INDIVIDUAL HAS A CURRENT LICENSE IN GOOD  STANDING.
 THE  INDIVIDUAL  MAY RETAIN THE HOME STATE DESIGNATION DURING THE PERIOD
 THE SERVICE MEMBER IS ON ACTIVE DUTY. SUBSEQUENT TO DESIGNATING  A  HOME
 STATE,  THE INDIVIDUAL SHALL ONLY CHANGE THEIR HOME STATE THROUGH APPLI-
 A. 7948                            20
 
 CATION FOR LICENSURE IN THE NEW STATE OR THROUGH THE  PROCESS  DESCRIBED
 IN SECTION 5.
 
                                SECTION 7.
                              ADVERSE ACTIONS
 
   A.  A  HOME  STATE SHALL HAVE EXCLUSIVE POWER TO IMPOSE ADVERSE ACTION
 AGAINST AN OCCUPATIONAL THERAPIST'S OR OCCUPATIONAL THERAPY  ASSISTANT'S
 LICENSE ISSUED BY THE HOME STATE.
   B.  IN  ADDITION  TO THE OTHER POWERS CONFERRED BY STATE LAW, A REMOTE
 STATE SHALL HAVE THE AUTHORITY, IN ACCORDANCE WITH  EXISTING  STATE  DUE
 PROCESS LAW, TO:
   1.  TAKE ADVERSE ACTION AGAINST AN OCCUPATIONAL THERAPIST'S OR OCCUPA-
 TIONAL THERAPY ASSISTANT'S COMPACT PRIVILEGE WITHIN THAT MEMBER STATE.
   2. ISSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS  THAT  REQUIRE
 THE  ATTENDANCE  AND TESTIMONY OF WITNESSES AS WELL AS THE PRODUCTION OF
 EVIDENCE. SUBPOENAS ISSUED BY A LICENSING BOARD IN A  MEMBER  STATE  FOR
 THE  ATTENDANCE AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF EVIDENCE
 FROM ANOTHER MEMBER STATE SHALL BE ENFORCED IN THE LATTER STATE  BY  ANY
 COURT OF COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE AND PROCEDURE
 OF  THAT  COURT  APPLICABLE  TO  SUBPOENAS ISSUED IN PROCEEDINGS PENDING
 BEFORE IT. THE ISSUING AUTHORITY SHALL  PAY  ANY  WITNESS  FEES,  TRAVEL
 EXPENSES, MILEAGE AND OTHER FEES REQUIRED BY THE SERVICE STATUTES OF THE
 STATE IN WHICH THE WITNESSES OR EVIDENCE ARE LOCATED.
   C.  FOR  PURPOSES  OF TAKING ADVERSE ACTION, THE HOME STATE SHALL GIVE
 THE SAME PRIORITY AND EFFECT TO REPORTED CONDUCT RECEIVED FROM A  MEMBER
 STATE  AS IT WOULD IF THE CONDUCT HAD OCCURRED WITHIN THE HOME STATE. IN
 SO DOING, THE HOME STATE SHALL APPLY ITS OWN  STATE  LAWS  TO  DETERMINE
 APPROPRIATE ACTION.
   D.  THE  HOME  STATE  SHALL  COMPLETE ANY PENDING INVESTIGATIONS OF AN
 OCCUPATIONAL THERAPIST OR OCCUPATIONAL  THERAPY  ASSISTANT  WHO  CHANGES
 PRIMARY  STATE OF RESIDENCE DURING THE COURSE OF THE INVESTIGATIONS. THE
 HOME STATE, WHERE THE INVESTIGATIONS WERE INITIATED, SHALL ALSO HAVE THE
 AUTHORITY TO TAKE APPROPRIATE ACTION(S) AND SHALL  PROMPTLY  REPORT  THE
 CONCLUSIONS  OF  THE  INVESTIGATIONS  TO  THE OT COMPACT COMMISSION DATA
 SYSTEM. THE OCCUPATIONAL THERAPY COMPACT COMMISSION DATA SYSTEM ADMINIS-
 TRATOR SHALL PROMPTLY NOTIFY THE NEW HOME STATE OF ANY ADVERSE ACTIONS.
   E. A MEMBER STATE, IF OTHERWISE PERMITTED BY STATE  LAW,  MAY  RECOVER
 FROM THE AFFECTED OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPY ASSIST-
 ANT  THE COSTS OF INVESTIGATIONS AND DISPOSITION OF CASES RESULTING FROM
 ANY ADVERSE ACTION TAKEN AGAINST THAT OCCUPATIONAL THERAPIST OR  OCCUPA-
 TIONAL THERAPY ASSISTANT.
   F.  A  MEMBER STATE MAY TAKE ADVERSE ACTION BASED ON THE FACTUAL FIND-
 INGS OF THE REMOTE STATE, PROVIDED THAT THE MEMBER STATE FOLLOWS ITS OWN
 PROCEDURES FOR TAKING THE ADVERSE ACTION.
   G. JOINT INVESTIGATIONS.
   1. IN ADDITION TO THE AUTHORITY GRANTED  TO  A  MEMBER  STATE  BY  ITS
 RESPECTIVE  STATE  OCCUPATIONAL  THERAPY  LAWS  AND REGULATIONS OR OTHER
 APPLICABLE STATE LAW, ANY MEMBER STATE MAY PARTICIPATE WITH OTHER MEMBER
 STATES IN JOINT INVESTIGATIONS OF LICENSEES.
   2. MEMBER STATES SHALL SHARE ANY INVESTIGATIVE, LITIGATION, OR COMPLI-
 ANCE MATERIALS IN FURTHERANCE OF ANY JOINT OR  INDIVIDUAL  INVESTIGATION
 INITIATED UNDER THE COMPACT.
   H.  IF AN ADVERSE ACTION IS TAKEN BY THE HOME STATE AGAINST AN OCCUPA-
 TIONAL THERAPIST'S OR  OCCUPATIONAL  THERAPY  ASSISTANT'S  LICENSE,  THE
 OCCUPATIONAL  THERAPIST'S  OR  OCCUPATIONAL  THERAPY ASSISTANT'S COMPACT
 A. 7948                            21
 
 PRIVILEGE IN ALL OTHER MEMBER STATES  SHALL  BE  DEACTIVATED  UNTIL  ALL
 ENCUMBRANCES  HAVE  BEEN  REMOVED FROM THE STATE LICENSE. ALL HOME STATE
 DISCIPLINARY ORDERS THAT IMPOSE ADVERSE ACTION AGAINST  AN  OCCUPATIONAL
 THERAPIST'S  OR OCCUPATIONAL THERAPY ASSISTANT'S LICENSE SHALL INCLUDE A
 STATEMENT THAT THE  OCCUPATIONAL  THERAPIST'S  OR  OCCUPATIONAL  THERAPY
 ASSISTANT'S COMPACT PRIVILEGE IS DEACTIVATED IN ALL MEMBER STATES DURING
 THE PENDENCY OF THE ORDER.
   I.  IF  A  MEMBER STATE TAKES ADVERSE ACTION, IT SHALL PROMPTLY NOTIFY
 THE ADMINISTRATOR OF THE DATA SYSTEM.  THE  ADMINISTRATOR  OF  THE  DATA
 SYSTEM  SHALL  PROMPTLY  NOTIFY THE HOME STATE OF ANY ADVERSE ACTIONS BY
 REMOTE STATES.
   J. NOTHING IN THIS COMPACT SHALL OVERRIDE A  MEMBER  STATE'S  DECISION
 THAT  PARTICIPATION  IN  AN  ALTERNATIVE  PROGRAM MAY BE USED IN LIEU OF
 ADVERSE ACTION.
 
                                SECTION 8.
       ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT COMMISSION.
 
   A. THE COMPACT MEMBER STATES  HEREBY  CREATE  AND  ESTABLISH  A  JOINT
 PUBLIC AGENCY KNOWN AS THE OCCUPATIONAL THERAPY COMPACT COMMISSION:
   1. THE COMMISSION IS AN INSTRUMENTALITY OF THE COMPACT STATES.
   2.  VENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST THE COMMIS-
 SION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY IN  A  COURT  OF  COMPETENT
 JURISDICTION  WHERE  THE  PRINCIPAL OFFICE OF THE COMMISSION IS LOCATED.
 THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DEFENSES TO THE EXTENT
 IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE  DISPUTE  RESOLUTION
 PROCEEDINGS.
   3. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A WAIVER OF SOVER-
 EIGN IMMUNITY.
   B. MEMBERSHIP, VOTING, AND MEETINGS.
   1.  EACH  MEMBER  STATE  SHALL HAVE AND BE LIMITED TO ONE (1) DELEGATE
 SELECTED BY THAT MEMBER STATE'S LICENSING BOARD.
   2. THE DELEGATE SHALL BE EITHER:
   A. A CURRENT MEMBER OF THE LICENSING BOARD,  WHO  IS  AN  OCCUPATIONAL
 THERAPIST, OCCUPATIONAL THERAPY ASSISTANT, OR PUBLIC MEMBER; OR
   B. AN ADMINISTRATOR OF THE LICENSING BOARD.
   3. ANY DELEGATE MAY BE REMOVED OR SUSPENDED FROM OFFICE AS PROVIDED BY
 THE LAW OF THE STATE FROM WHICH THE DELEGATE IS APPOINTED.
   4.  THE  MEMBER  STATE  BOARD  SHALL FILL ANY VACANCY OCCURRING IN THE
 COMMISSION WITHIN 90 DAYS.
   5. EACH DELEGATE SHALL BE ENTITLED TO ONE (1) VOTE WITH REGARD TO  THE
 PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN
 OPPORTUNITY  TO  PARTICIPATE  IN THE BUSINESS AND AFFAIRS OF THE COMMIS-
 SION. A DELEGATE SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS PROVIDED
 IN THE BYLAWS. THE BYLAWS MAY PROVIDE FOR  DELEGATES'  PARTICIPATION  IN
 MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
   6.  THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
 ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS.
   7. THE COMMISSION SHALL ESTABLISH BY RULE A TERM OF OFFICE FOR  DELEG-
 ATES.
   C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   1. ESTABLISH A CODE OF ETHICS FOR THE COMMISSION;
   2. ESTABLISH THE FISCAL YEAR OF THE COMMISSION;
   3. ESTABLISH BYLAWS;
   4. MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE BYLAWS;
 A. 7948                            22
 
   5. MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE PROVISIONS OF
 THIS COMPACT AND THE BYLAWS;
   6.  PROMULGATE  UNIFORM RULES TO FACILITATE AND COORDINATE IMPLEMENTA-
 TION AND ADMINISTRATION OF THIS COMPACT. THE RULES SHALL HAVE THE  FORCE
 AND EFFECT OF LAW AND SHALL BE BINDING IN ALL MEMBER STATES;
   7. BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF THE
 COMMISSION, PROVIDED THAT THE STANDING OF ANY STATE OCCUPATIONAL THERAPY
 LICENSING  BOARD  TO  SUE  OR  BE SUED UNDER APPLICABLE LAW SHALL NOT BE
 AFFECTED;
   8. PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   9. BORROW, ACCEPT, OR CONTRACT FOR SERVICES OF  PERSONNEL,  INCLUDING,
 BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE;
   10.  HIRE  EMPLOYEES,  ELECT  OR  APPOINT  OFFICERS, FIX COMPENSATION,
 DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT
 THE PURPOSES OF THE COMPACT, AND ESTABLISH  THE  COMMISSION'S  PERSONNEL
 POLICIES  AND PROGRAMS RELATING TO CONFLICTS OF INTEREST, QUALIFICATIONS
 OF PERSONNEL, AND OTHER RELATED PERSONNEL MATTERS;
   11. ACCEPT ANY AND ALL APPROPRIATE  DONATIONS  AND  GRANTS  OF  MONEY,
 EQUIPMENT,  SUPPLIES,  MATERIALS  AND SERVICES, AND RECEIVE, UTILIZE AND
 DISPOSE OF THE SAME; PROVIDED THAT AT ALL  TIMES  THE  COMMISSION  SHALL
 AVOID ANY APPEARANCE OF IMPROPRIETY AND/OR CONFLICT OF INTEREST;
   12.  LEASE,  PURCHASE,  ACCEPT  APPROPRIATE  GIFTS OR DONATIONS OF, OR
 OTHERWISE OWN, HOLD, IMPROVE OR USE, ANY  PROPERTY,  REAL,  PERSONAL  OR
 MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY APPEAR-
 ANCE OF IMPROPRIETY;
   13.  SELL,  CONVEY,  MORTGAGE,  PLEDGE,  LEASE,  EXCHANGE, ABANDON, OR
 OTHERWISE DISPOSE OF ANY PROPERTY REAL, PERSONAL, OR MIXED;
   14. ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   15. BORROW MONEY;
   16. APPOINT COMMITTEES,  INCLUDING  STANDING  COMMITTEES  COMPOSED  OF
 MEMBERS,  STATE  REGULATORS, STATE LEGISLATORS OR THEIR REPRESENTATIVES,
 AND CONSUMER REPRESENTATIVES, AND SUCH OTHER INTERESTED PERSONS  AS  MAY
 BE DESIGNATED IN THIS COMPACT AND THE BYLAWS;
   17.  PROVIDE  AND  RECEIVE  INFORMATION  FROM, AND COOPERATE WITH, LAW
 ENFORCEMENT AGENCIES;
   18. ESTABLISH AND ELECT AN EXECUTIVE COMMITTEE; AND
   19. PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO
 ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT  WITH  THE  STATE  REGU-
 LATION OF OCCUPATIONAL THERAPY LICENSURE AND PRACTICE.
   D. THE EXECUTIVE COMMITTEE.
   THE  EXECUTIVE  COMMITTEE SHALL HAVE THE POWER TO ACT ON BEHALF OF THE
 COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT.
   1. THE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF NINE MEMBERS:
   A. SEVEN VOTING MEMBERS WHO ARE ELECTED BY  THE  COMMISSION  FROM  THE
 CURRENT MEMBERSHIP OF THE COMMISSION;
   B. ONE EX-OFFICIO, NONVOTING MEMBER FROM A RECOGNIZED NATIONAL OCCUPA-
 TIONAL THERAPY PROFESSIONAL ASSOCIATION; AND
   C. ONE EX-OFFICIO, NONVOTING MEMBER FROM A RECOGNIZED NATIONAL OCCUPA-
 TIONAL THERAPY CERTIFICATION ORGANIZATION.
   2.  THE EX-OFFICIO MEMBERS WILL BE SELECTED BY THEIR RESPECTIVE ORGAN-
 IZATIONS.
   3. THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE COMMITTEE  AS
 PROVIDED IN BYLAWS.
   4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY.
   5. THE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING DUTIES AND RESPON-
 SIBILITIES:
 A. 7948                            23
 
   A.  RECOMMEND TO THE ENTIRE COMMISSION CHANGES TO THE RULES OR BYLAWS,
 CHANGES TO THIS COMPACT LEGISLATION, FEES PAID BY COMPACT MEMBER  STATES
 SUCH AS ANNUAL DUES, AND ANY COMMISSION COMPACT FEE CHARGED TO LICENSEES
 FOR THE COMPACT PRIVILEGE;
   B.  ENSURE COMPACT ADMINISTRATION SERVICES ARE APPROPRIATELY PROVIDED,
 CONTRACTUAL OR OTHERWISE;
   C. PREPARE AND RECOMMEND THE BUDGET;
   D. MAINTAIN FINANCIAL RECORDS ON BEHALF OF THE COMMISSION;
   E. MONITOR COMPACT COMPLIANCE OF MEMBER STATES AND PROVIDE  COMPLIANCE
 REPORTS TO THE COMMISSION;
   F. ESTABLISH ADDITIONAL COMMITTEES AS NECESSARY; AND
   G. PERFORM OTHER DUTIES AS PROVIDED IN RULES OR BYLAWS.
   E. MEETINGS OF THE COMMISSION.
   1.  ALL  MEETINGS  SHALL  BE  OPEN TO THE PUBLIC, AND PUBLIC NOTICE OF
 MEETINGS SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER  THE  RULE-
 MAKING PROVISIONS IN SECTION 10.
   2.  THE  COMMISSION  OR THE EXECUTIVE COMMITTEE OR OTHER COMMITTEES OF
 THE COMMISSION MAY CONVENE  IN  A  CLOSED,  NON-PUBLIC  MEETING  IF  THE
 COMMISSION  OR EXECUTIVE COMMITTEE OR OTHER COMMITTEES OF THE COMMISSION
 MUST DISCUSS:
   A. NON-COMPLIANCE OF A MEMBER STATE WITH  ITS  OBLIGATIONS  UNDER  THE
 COMPACT;
   B.  THE  EMPLOYMENT,  COMPENSATION, DISCIPLINE OR OTHER MATTERS, PRAC-
 TICES OR PROCEDURES RELATED  TO  SPECIFIC  EMPLOYEES  OR  OTHER  MATTERS
 RELATED TO THE COMMISSION'S INTERNAL PERSONNEL PRACTICES AND PROCEDURES;
   C. CURRENT, THREATENED, OR REASONABLY ANTICIPATED LITIGATION;
   D. NEGOTIATION OF CONTRACTS FOR THE PURCHASE, LEASE, OR SALE OF GOODS,
 SERVICES, OR REAL ESTATE;
   E. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON;
   F.  DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION
 THAT IS PRIVILEGED OR CONFIDENTIAL;
   G. DISCLOSURE OF INFORMATION OF A  PERSONAL  NATURE  WHERE  DISCLOSURE
 WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
   H.  DISCLOSURE  OF  INVESTIGATIVE RECORDS COMPILED FOR LAW ENFORCEMENT
 PURPOSES;
   I. DISCLOSURE OF INFORMATION  RELATED  TO  ANY  INVESTIGATIVE  REPORTS
 PREPARED  BY  OR  ON  BEHALF  OF  OR  FOR USE OF THE COMMISSION OR OTHER
 COMMITTEE CHARGED WITH RESPONSIBILITY OF INVESTIGATION OR  DETERMINATION
 OF COMPLIANCE ISSUES PURSUANT TO THE COMPACT; OR
   J.  MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL OR MEMBER
 STATE STATUTE.
   3. IF A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT  TO  THIS
 PROVISION, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY THAT
 THE  MEETING  MAY  BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING
 PROVISION.
   4. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND  CLEARLY  DESCRIBE
 ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND ACCURATE
 SUMMARY  OF  ACTIONS  TAKEN,  AND  THE  REASONS  THEREFORE,  INCLUDING A
 DESCRIPTION  OF  THE  VIEWS  EXPRESSED.  ALL  DOCUMENTS  CONSIDERED   IN
 CONNECTION  WITH  AN  ACTION  SHALL  BE  IDENTIFIED IN SUCH MINUTES. ALL
 MINUTES AND DOCUMENTS OF A  CLOSED  MEETING  SHALL  REMAIN  UNDER  SEAL,
 SUBJECT  TO  RELEASE  BY A MAJORITY VOTE OF THE COMMISSION OR ORDER OF A
 COURT OF COMPETENT JURISDICTION.
   F. FINANCING OF THE COMMISSION.
 A. 7948                            24
 
   1. THE COMMISSION SHALL PAY,  OR  PROVIDE  FOR  THE  PAYMENT  OF,  THE
 REASONABLE  EXPENSES  OF  ITS  ESTABLISHMENT,  ORGANIZATION, AND ONGOING
 ACTIVITIES.
   2.  THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE REVENUE SOURCES,
 DONATIONS, AND GRANTS OF  MONEY,  EQUIPMENT,  SUPPLIES,  MATERIALS,  AND
 SERVICES.
   3.  THE  COMMISSION  MAY LEVY ON AND COLLECT AN ANNUAL ASSESSMENT FROM
 EACH MEMBER STATE OR IMPOSE FEES ON OTHER PARTIES TO COVER THE  COST  OF
 THE  OPERATIONS  AND  ACTIVITIES  OF THE COMMISSION AND ITS STAFF, WHICH
 MUST BE IN A TOTAL AMOUNT SUFFICIENT  TO  COVER  ITS  ANNUAL  BUDGET  AS
 APPROVED  BY  THE COMMISSION EACH YEAR FOR WHICH REVENUE IS NOT PROVIDED
 BY OTHER SOURCES. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT SHALL BE  ALLO-
 CATED  BASED  UPON  A  FORMULA TO BE DETERMINED BY THE COMMISSION, WHICH
 SHALL PROMULGATE A RULE BINDING UPON ALL MEMBER STATES.
   4. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF  ANY  KIND  PRIOR  TO
 SECURING  THE  FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL THE COMMISSION
 PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES, EXCEPT BY  AND  WITH  THE
 AUTHORITY OF THE MEMBER STATE.
   5.  THE  COMMISSION  SHALL  KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND
 DISBURSEMENTS.  THE RECEIPTS AND DISBURSEMENTS OF THE  COMMISSION  SHALL
 BE  SUBJECT TO THE AUDIT AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS
 BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY  THE
 COMMISSION  SHALL  BE  AUDITED  YEARLY BY A CERTIFIED OR LICENSED PUBLIC
 ACCOUNTANT, AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND  BECOME
 PART OF THE ANNUAL REPORT OF THE COMMISSION.
   G. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.
   1.  THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESEN-
 TATIVES OF THE COMMISSION SHALL  BE  IMMUNE  FROM  SUIT  AND  LIABILITY,
 EITHER  PERSONALLY  OR  IN  THEIR  OFFICIAL  CAPACITY, FOR ANY CLAIM FOR
 DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL  LIABIL-
 ITY  CAUSED  BY  OR  ARISING  OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR
 OMISSION THAT OCCURRED, OR THAT THE PERSON AGAINST  WHOM  THE  CLAIM  IS
 MADE  HAD  A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
 COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING
 IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT  ANY  SUCH  PERSON  FROM
 SUIT  AND/OR LIABILITY FOR ANY DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED
 BY THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT PERSON.
   2. THE COMMISSION SHALL DEFEND ANY MEMBER, OFFICER,  EXECUTIVE  DIREC-
 TOR,  EMPLOYEE,  OR REPRESENTATIVE OF THE COMMISSION IN ANY CIVIL ACTION
 SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL  OR  ALLEGED  ACT,
 ERROR,  OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOY-
 MENT, DUTIES, OR RESPONSIBILITIES, OR THAT THE PERSON AGAINST  WHOM  THE
 CLAIM  IS  MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE
 SCOPE OF COMMISSION EMPLOYMENT, DUTIES,  OR  RESPONSIBILITIES;  PROVIDED
 THAT  NOTHING  HEREIN  SHALL  BE  CONSTRUED TO PROHIBIT THAT PERSON FROM
 RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED FURTHER, THAT THE  ACTUAL
 OR  ALLEGED  ACT,  ERROR,  OR OMISSION DID NOT RESULT FROM THAT PERSON'S
 INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT.
   3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY MEMBER,  OFFI-
 CER,  EXECUTIVE  DIRECTOR, EMPLOYEE, OR REPRESENTATIVE OF THE COMMISSION
 FOR THE AMOUNT OF ANY  SETTLEMENT  OR  JUDGMENT  OBTAINED  AGAINST  THAT
 PERSON  ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT
 OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
 BILITIES, OR THAT SUCH PERSON  HAD  A  REASONABLE  BASIS  FOR  BELIEVING
 OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
 BILITIES,  PROVIDED  THAT  THE ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION
 A. 7948                            25
 
 DID NOT RESULT FROM THE INTENTIONAL OR WILLFUL OR WANTON  MISCONDUCT  OF
 THAT PERSON.
 
                                SECTION 9.
                                DATA SYSTEM
 
   A.  THE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT, MAINTENANCE, AND
 UTILIZATION OF A COORDINATED DATABASE AND  REPORTING  SYSTEM  CONTAINING
 LICENSURE, ADVERSE ACTION, AND INVESTIGATIVE INFORMATION ON ALL LICENSED
 INDIVIDUALS IN MEMBER STATES.
   B.  A  MEMBER STATE SHALL SUBMIT A UNIFORM DATA SET TO THE DATA SYSTEM
 ON ALL INDIVIDUALS TO WHOM  THIS  COMPACT  IS  APPLICABLE  (UTILIZING  A
 UNIQUE  IDENTIFIER)  AS REQUIRED BY THE RULES OF THE COMMISSION, INCLUD-
 ING:
   1. IDENTIFYING INFORMATION;
   2. LICENSURE DATA;
   3. ADVERSE ACTIONS AGAINST A LICENSE OR COMPACT PRIVILEGE;
   4. NON-CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTIC-
 IPATION;
   5. ANY DENIAL OF APPLICATION FOR LICENSURE, AND THE REASON(S) FOR SUCH
 DENIAL;
   6. OTHER INFORMATION THAT MAY FACILITATE THE  ADMINISTRATION  OF  THIS
 COMPACT, AS DETERMINED BY THE RULES OF THE COMMISSION; AND
   7. CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION.
   C.  CURRENT  SIGNIFICANT  INVESTIGATIVE INFORMATION AND OTHER INVESTI-
 GATIVE INFORMATION PERTAINING TO A LICENSEE IN  ANY  MEMBER  STATE  WILL
 ONLY BE AVAILABLE TO OTHER MEMBER STATES.
   D.  THE  COMMISSION  SHALL  PROMPTLY  NOTIFY  ALL MEMBER STATES OF ANY
 ADVERSE ACTION TAKEN AGAINST A LICENSEE OR AN INDIVIDUAL APPLYING FOR  A
 LICENSE.    ADVERSE  ACTION  INFORMATION PERTAINING TO A LICENSEE IN ANY
 MEMBER STATE WILL BE AVAILABLE TO ANY OTHER MEMBER STATE.
   E. MEMBER STATES CONTRIBUTING  INFORMATION  TO  THE  DATA  SYSTEM  MAY
 DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH THE PUBLIC WITHOUT THE
 EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
   F.  ANY  INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS SUBSEQUENTLY
 REQUIRED TO BE EXPUNGED BY THE LAWS OF THE MEMBER STATE CONTRIBUTING THE
 INFORMATION SHALL BE REMOVED FROM THE DATA SYSTEM.
 
                                SECTION 10.
                                RULEMAKING
 
   A. THE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS PURSUANT TO THE
 CRITERIA SET FORTH IN THIS SECTION AND  THE  RULES  ADOPTED  THEREUNDER.
 RULES  AND  AMENDMENTS  SHALL BECOME BINDING AS OF THE DATE SPECIFIED IN
 EACH RULE OR AMENDMENT.
   B. THE COMMISSION SHALL PROMULGATE REASONABLE RULES IN ORDER TO EFFEC-
 TIVELY AND EFFICIENTLY ACHIEVE THE PURPOSES  OF  THE  COMPACT.  NOTWITH-
 STANDING  THE FOREGOING, IN THE EVENT THE COMMISSION EXERCISES ITS RULE-
 MAKING AUTHORITY IN A MANNER THAT IS BEYOND THE SCOPE OF THE PURPOSES OF
 THE COMPACT, OR THE POWERS GRANTED HEREUNDER, THEN SUCH AN ACTION BY THE
 COMMISSION SHALL BE INVALID AND HAVE NO FORCE AND EFFECT.
   C. IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER  STATES  REJECTS  A
 RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE SAME MANNER USED TO
 ADOPT  THE  COMPACT  WITHIN 4 YEARS OF THE DATE OF ADOPTION OF THE RULE,
 THEN SUCH RULE SHALL HAVE NO FURTHER FORCE  AND  EFFECT  IN  ANY  MEMBER
 STATE.
 A. 7948                            26

   D.  RULES  OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A REGULAR OR
 SPECIAL MEETING OF THE COMMISSION.
   E.  PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR RULES BY THE
 COMMISSION, AND AT LEAST THIRTY (30) DAYS IN ADVANCE OF THE  MEETING  AT
 WHICH  THE  RULE WILL BE CONSIDERED AND VOTED UPON, THE COMMISSION SHALL
 FILE A NOTICE OF PROPOSED RULEMAKING:
   1. ON THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY ACCESSIBLE PLAT-
 FORM; AND
   2. ON THE WEBSITE OF EACH MEMBER STATE OCCUPATIONAL THERAPY  LICENSING
 BOARD  OR OTHER PUBLICLY ACCESSIBLE PLATFORM OR THE PUBLICATION IN WHICH
 EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES.
   F. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE:
   1. THE PROPOSED TIME, DATE, AND LOCATION OF THE MEETING IN  WHICH  THE
 RULE WILL BE CONSIDERED AND VOTED UPON;
   2.  THE  TEXT OF THE PROPOSED RULE OR AMENDMENT AND THE REASON FOR THE
 PROPOSED RULE;
   3. A REQUEST FOR COMMENTS ON THE PROPOSED  RULE  FROM  ANY  INTERESTED
 PERSON; AND
   4.  THE  MANNER  IN  WHICH INTERESTED PERSONS MAY SUBMIT NOTICE TO THE
 COMMISSION OF THEIR INTENTION TO ATTEND THE PUBLIC HEARING AND ANY WRIT-
 TEN COMMENTS.  G. PRIOR TO ADOPTION OF A PROPOSED RULE,  THE  COMMISSION
 SHALL  ALLOW  PERSONS TO SUBMIT WRITTEN DATA, FACTS, OPINIONS, AND ARGU-
 MENTS, WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC.
   H. THE COMMISSION SHALL GRANT AN  OPPORTUNITY  FOR  A  PUBLIC  HEARING
 BEFORE IT ADOPTS A RULE OR AMENDMENT IF A HEARING IS REQUESTED BY:
   1. AT LEAST TWENTY-FIVE (25) PERSONS;
   2. A STATE OR FEDERAL GOVERNMENTAL SUBDIVISION OR AGENCY; OR
   3.  AN  ASSOCIATION  OR  ORGANIZATION HAVING AT LEAST TWENTY-FIVE (25)
 MEMBERS.
   I. IF A HEARING IS HELD ON THE PROPOSED RULE OR AMENDMENT, THE COMMIS-
 SION SHALL PUBLISH THE PLACE, TIME, AND DATE  OF  THE  SCHEDULED  PUBLIC
 HEARING.  IF  THE  HEARING  IS HELD VIA ELECTRONIC MEANS, THE COMMISSION
 SHALL PUBLISH THE MECHANISM FOR ACCESS TO THE ELECTRONIC HEARING.
   1. ALL PERSONS WISHING TO BE HEARD AT THE  HEARING  SHALL  NOTIFY  THE
 EXECUTIVE DIRECTOR OF THE COMMISSION OR OTHER DESIGNATED MEMBER IN WRIT-
 ING  OF  THEIR DESIRE TO APPEAR AND TESTIFY AT THE HEARING NOT LESS THAN
 FIVE (5) BUSINESS DAYS BEFORE THE SCHEDULED DATE OF THE HEARING.
   2. HEARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING EACH  PERSON  WHO
 WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
 IN WRITING.
   3. ALL HEARINGS WILL BE RECORDED. A COPY OF THE RECORDING WILL BE MADE
 AVAILABLE ON REQUEST.
   4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE
 HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE  CONVENIENCE  OF  THE
 COMMISSION AT HEARINGS REQUIRED BY THIS SECTION.
   J.  FOLLOWING  THE SCHEDULED HEARING DATE, OR BY THE CLOSE OF BUSINESS
 ON THE SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD,  THE  COMMIS-
 SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
   K.  IF  NO  WRITTEN  NOTICE  OF INTENT TO ATTEND THE PUBLIC HEARING BY
 INTERESTED PARTIES IS RECEIVED, THE COMMISSION MAY PROCEED WITH  PROMUL-
 GATION OF THE PROPOSED RULE WITHOUT A PUBLIC HEARING.
   L.  THE  COMMISSION SHALL, BY MAJORITY VOTE OF ALL MEMBERS, TAKE FINAL
 ACTION ON THE PROPOSED RULE AND SHALL DETERMINE THE  EFFECTIVE  DATE  OF
 THE  RULE,  IF  ANY, BASED ON THE RULEMAKING RECORD AND THE FULL TEXT OF
 THE RULE.
 A. 7948                            27
 
   M. UPON DETERMINATION THAT AN EMERGENCY  EXISTS,  THE  COMMISSION  MAY
 CONSIDER  AND  ADOPT AN EMERGENCY RULE WITHOUT PRIOR NOTICE, OPPORTUNITY
 FOR COMMENT, OR HEARING, PROVIDED THAT THE USUAL  RULEMAKING  PROCEDURES
 PROVIDED  IN  THE  COMPACT  AND  IN  THIS SECTION SHALL BE RETROACTIVELY
 APPLIED  TO  THE  RULE AS SOON AS REASONABLY POSSIBLE, IN NO EVENT LATER
 THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE  OF  THE  RULE.  FOR  THE
 PURPOSES  OF  THIS  PROVISION,  AN  EMERGENCY  RULE  IS ONE THAT MUST BE
 ADOPTED IMMEDIATELY IN ORDER TO:
   1. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY, OR WELFARE;
   2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS;
   3. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
 IS ESTABLISHED BY FEDERAL LAW OR RULE; OR
   4. PROTECT PUBLIC HEALTH AND SAFETY.
   N. THE COMMISSION OR AN AUTHORIZED COMMITTEE  OF  THE  COMMISSION  MAY
 DIRECT  REVISIONS TO A PREVIOUSLY ADOPTED RULE OR AMENDMENT FOR PURPOSES
 OF CORRECTING TYPOGRAPHICAL ERRORS, ERRORS IN FORMAT, ERRORS IN CONSIST-
 ENCY, OR GRAMMATICAL ERRORS. PUBLIC NOTICE OF  ANY  REVISIONS  SHALL  BE
 POSTED  ON  THE WEBSITE OF THE COMMISSION. THE REVISION SHALL BE SUBJECT
 TO CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY (30) DAYS AFTER  POST-
 ING.  THE  REVISION  MAY BE CHALLENGED ONLY ON GROUNDS THAT THE REVISION
 RESULTS IN A MATERIAL CHANGE TO A RULE. A CHALLENGE  SHALL  BE  MADE  IN
 WRITING AND DELIVERED TO THE CHAIR OF THE COMMISSION PRIOR TO THE END OF
 THE  NOTICE  PERIOD.  IF  NO  CHALLENGE  IS MADE, THE REVISION WILL TAKE
 EFFECT WITHOUT FURTHER  ACTION.  IF  THE  REVISION  IS  CHALLENGED,  THE
 REVISION MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE COMMISSION.
 
                                SECTION 11.
              OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
 
   A. OVERSIGHT.
   1.  THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF STATE GOVERN-
 MENT IN EACH MEMBER STATE  SHALL  ENFORCE  THIS  COMPACT  AND  TAKE  ALL
 ACTIONS  NECESSARY  AND APPROPRIATE TO EFFECTUATE THE COMPACT'S PURPOSES
 AND INTENT. THE PROVISIONS OF THIS COMPACT  AND  THE  RULES  PROMULGATED
 HEREUNDER SHALL HAVE STANDING AS STATUTORY LAW.
   2.  ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE RULES
 IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A MEMBER STATE  PERTAIN-
 ING  TO  THE SUBJECT MATTER OF THIS COMPACT WHICH MAY AFFECT THE POWERS,
 RESPONSIBILITIES, OR ACTIONS OF THE COMMISSION.
   3. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF  PROCESS  IN
 ANY  SUCH  PROCEEDING,  AND  SHALL  HAVE STANDING TO INTERVENE IN SUCH A
 PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE  OF  PROCESS  TO
 THE  COMMISSION  SHALL RENDER A JUDGMENT OR ORDER VOID AS TO THE COMMIS-
 SION, THIS COMPACT, OR PROMULGATED RULES.
   B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.
   1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS  DEFAULTED  IN
 THE  PERFORMANCE  OF  ITS  OBLIGATIONS  OR  RESPONSIBILITIES  UNDER THIS
 COMPACT OR THE PROMULGATED RULES, THE COMMISSION SHALL:
   A. PROVIDE WRITTEN NOTICE TO THE DEFAULTING  STATE  AND  OTHER  MEMBER
 STATES  OF  THE  NATURE OF THE DEFAULT, THE PROPOSED MEANS OF CURING THE
 DEFAULT AND/OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
   B. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARD-
 ING THE DEFAULT.
   2. IF A STATE IN DEFAULT FAILS TO CURE  THE  DEFAULT,  THE  DEFAULTING
 STATE  MAY  BE TERMINATED FROM THE COMPACT UPON AN AFFIRMATIVE VOTE OF A
 MAJORITY OF THE MEMBER STATES, AND ALL RIGHTS, PRIVILEGES  AND  BENEFITS
 A. 7948                            28
 
 CONFERRED  BY  THIS  COMPACT  MAY BE TERMINATED ON THE EFFECTIVE DATE OF
 TERMINATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFENDING  STATE
 OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT.
   3.  TERMINATION  OF  MEMBERSHIP  IN  THE COMPACT SHALL BE IMPOSED ONLY
 AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
 OF INTENT TO SUSPEND OR TERMINATE SHALL BE GIVEN BY  THE  COMMISSION  TO
 THE  GOVERNOR,  THE  MAJORITY  AND  MINORITY  LEADERS  OF THE DEFAULTING
 STATE'S LEGISLATURE, AND EACH OF THE MEMBER STATES.
   4. A STATE THAT HAS BEEN TERMINATED IS  RESPONSIBLE  FOR  ALL  ASSESS-
 MENTS,  OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE
 OF TERMINATION, INCLUDING OBLIGATIONS THAT EXTEND BEYOND  THE  EFFECTIVE
 DATE OF TERMINATION.
   5.  THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS
 FOUND TO BE IN DEFAULT OR THAT HAS BEEN  TERMINATED  FROM  THE  COMPACT,
 UNLESS  AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE DEFAULTING
 STATE.
   6. THE DEFAULTING STATE MAY APPEAL THE ACTION  OF  THE  COMMISSION  BY
 PETITIONING  THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE
 FEDERAL DISTRICT WHERE THE COMMISSION HAS  ITS  PRINCIPAL  OFFICES.  THE
 PREVAILING MEMBER SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
 ING REASONABLE ATTORNEY'S FEES.
   C. DISPUTE RESOLUTION.
   1.  UPON  REQUEST  BY  A MEMBER STATE, THE COMMISSION SHALL ATTEMPT TO
 RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE AMONG  MEMBER  STATES
 AND BETWEEN MEMBER AND NON-MEMBER STATES.
   2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
 AND BINDING DISPUTE RESOLUTION FOR DISPUTES AS APPROPRIATE.
   D. ENFORCEMENT.
   1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL
 ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
   2.  BY  MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
 DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A MEMBER
 STATE IN DEFAULT TO  ENFORCE  COMPLIANCE  WITH  THE  PROVISIONS  OF  THE
 COMPACT  AND  ITS  PROMULGATED  RULES  AND BYLAWS. THE RELIEF SOUGHT MAY
 INCLUDE BOTH INJUNCTIVE  RELIEF  AND  DAMAGES.  IN  THE  EVENT  JUDICIAL
 ENFORCEMENT  IS  NECESSARY,  THE  PREVAILING MEMBER SHALL BE AWARDED ALL
 COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY'S FEES.
   3. THE REMEDIES HEREIN SHALL NOT BE  THE  EXCLUSIVE  REMEDIES  OF  THE
 COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
 FEDERAL OR STATE LAW.
 
                                SECTION 12.
          DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR
                               OCCUPATIONAL
     THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
 
   A. THE COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH THE COMPACT
 STATUTE  IS  ENACTED INTO LAW IN THE TENTH MEMBER STATE. THE PROVISIONS,
 WHICH BECOME EFFECTIVE AT THAT TIME, SHALL  BE  LIMITED  TO  THE  POWERS
 GRANTED  TO  THE COMMISSION RELATING TO ASSEMBLY AND THE PROMULGATION OF
 RULES. THEREAFTER, THE COMMISSION SHALL  MEET  AND  EXERCISE  RULEMAKING
 POWERS  NECESSARY  TO  THE  IMPLEMENTATION  AND  ADMINISTRATION  OF  THE
 COMPACT.
   B. ANY STATE THAT JOINS THE COMPACT  SUBSEQUENT  TO  THE  COMMISSION'S
 INITIAL  ADOPTION  OF  THE  RULES  SHALL BE SUBJECT TO THE RULES AS THEY
 A. 7948                            29
 
 EXIST ON THE DATE ON WHICH THE COMPACT BECOMES LAW IN  THAT  STATE.  ANY
 RULE  THAT  HAS BEEN PREVIOUSLY ADOPTED BY THE COMMISSION SHALL HAVE THE
 FULL FORCE AND EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW IN  THAT
 STATE.
   C. ANY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY ENACTING A STAT-
 UTE REPEALING THE SAME.
   1.  A  MEMBER  STATE'S  WITHDRAWAL SHALL NOT TAKE EFFECT UNTIL SIX (6)
 MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE.
   2. WITHDRAWAL SHALL NOT AFFECT THE CONTINUING REQUIREMENT OF THE WITH-
 DRAWING STATE'S OCCUPATIONAL THERAPY LICENSING BOARD TO COMPLY WITH  THE
 INVESTIGATIVE  AND  ADVERSE  ACTION  REPORTING  REQUIREMENTS OF THIS ACT
 PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL.
   D. NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO  INVALIDATE
 OR PREVENT ANY OCCUPATIONAL THERAPY LICENSURE AGREEMENT OR OTHER COOPER-
 ATIVE  ARRANGEMENT  BETWEEN  A  MEMBER STATE AND A NON-MEMBER STATE THAT
 DOES NOT CONFLICT WITH THE PROVISIONS OF THIS COMPACT.
   E. THIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO  AMENDMENT  TO
 THIS  COMPACT  SHALL  BECOME EFFECTIVE AND BINDING UPON ANY MEMBER STATE
 UNTIL IT IS ENACTED INTO THE LAWS OF ALL MEMBER STATES.
 
                                SECTION 13.
                       CONSTRUCTION AND SEVERABILITY
 
   THIS COMPACT SHALL BE LIBERALLY CONSTRUED  SO  AS  TO  EFFECTUATE  THE
 PURPOSES  THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND
 IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED
 TO BE CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE OR OF THE  UNITED
 STATES  OR  THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON,
 OR CIRCUMSTANCE IS HELD INVALID, THE VALIDITY OF THE REMAINDER  OF  THIS
 COMPACT AND THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON,
 OR  CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF THIS COMPACT SHALL BE
 HELD CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE, THE COMPACT SHALL
 REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER STATES AND IN
 FULL FORCE AND EFFECT AS TO THE MEMBER STATE AFFECTED AS TO ALL  SEVERA-
 BLE MATTERS.
 
                                SECTION 14.
                 BINDING EFFECT OF COMPACT AND OTHER LAWS
 
   A.  A  LICENSEE PROVIDING OCCUPATIONAL THERAPY IN A REMOTE STATE UNDER
 THE COMPACT PRIVILEGE SHALL FUNCTION WITHIN THE LAWS AND REGULATIONS  OF
 THE REMOTE STATE.
   B.  NOTHING  HEREIN  PREVENTS  THE  ENFORCEMENT  OF ANY OTHER LAW OF A
 MEMBER STATE THAT IS NOT INCONSISTENT WITH THE COMPACT.
   C. ANY LAWS IN A MEMBER STATE IN CONFLICT WITH THE COMPACT ARE  SUPER-
 SEDED TO THE EXTENT OF THE CONFLICT.
   D.  ANY  LAWFUL  ACTIONS  OF  THE  COMMISSION, INCLUDING ALL RULES AND
 BYLAWS PROMULGATED BY  THE  COMMISSION,  ARE  BINDING  UPON  THE  MEMBER
 STATES.
   E.  ALL  AGREEMENTS  BETWEEN  THE COMMISSION AND THE MEMBER STATES ARE
 BINDING IN ACCORDANCE WITH THEIR TERMS.
   F. IN THE EVENT ANY PROVISION OF THE  COMPACT  EXCEEDS  THE  CONSTITU-
 TIONAL  LIMITS  IMPOSED  ON  THE  LEGISLATURE  OF  ANY MEMBER STATE, THE
 PROVISION SHALL BE INEFFECTIVE TO THE EXTENT OF THE  CONFLICT  WITH  THE
 CONSTITUTIONAL PROVISION IN QUESTION IN THAT MEMBER STATE.
 A. 7948                            30
 
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
 
                                  PART C
 
   Section 1. The education law is amended by adding a new section 8209-a
 to read as follows:
   §  8209-A. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT.
 THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT IS HEREBY
 ENACTED INTO LAW AND ENTERED INTO WITH ALL JURISDICTIONS LEGALLY JOINING
 THEREIN IN THE FORM SUBSTANTIALLY AS FOLLOWS:
 
        AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT
                                SECTION 1.
                                  PURPOSE
 
   THE PURPOSE OF THIS COMPACT IS TO FACILITATE  INTERSTATE  PRACTICE  OF
 AUDIOLOGY  AND  SPEECH-LANGUAGE  PATHOLOGY  WITH  THE  GOAL OF IMPROVING
 PUBLIC ACCESS TO AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY  SERVICES.  THE
 PRACTICE  OF AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY OCCURS IN THE STATE
 WHERE  THE  PATIENT/CLIENT/STUDENT  IS  LOCATED  AT  THE  TIME  OF   THE
 PATIENT/CLIENT/STUDENT  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:
   1.  INCREASE  PUBLIC ACCESS TO AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
 SERVICES BY PROVIDING FOR THE MUTUAL RECOGNITION OF OTHER  MEMBER  STATE
 LICENSES;
   2.  ENHANCE  THE  STATES'  ABILITY  TO PROTECT THE PUBLIC'S HEALTH AND
 SAFETY;
   3. ENCOURAGE THE COOPERATION OF MEMBER STATES IN REGULATING MULTISTATE
 AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE;
   4. SUPPORT SPOUSES OF RELOCATING ACTIVE DUTY MILITARY PERSONNEL;
   5. ENHANCE THE EXCHANGE OF LICENSURE, INVESTIGATIVE  AND  DISCIPLINARY
 INFORMATION BETWEEN MEMBER STATES;
   6.  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
   7.  ALLOW FOR THE USE OF TELEHEALTH TECHNOLOGY TO FACILITATE INCREASED
 ACCESS TO AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY SERVICES.
 
                                SECTION 2.
                                DEFINITIONS
 
   AS USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED, THE FOLLOW-
 ING 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 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 AUDIOLOGIST OR SPEECH-LAN-
 A. 7948                            31
 
 GUAGE  PATHOLOGIST, INCLUDING ACTIONS AGAINST AN INDIVIDUAL'S LICENSE OR
 PRIVILEGE TO PRACTICE SUCH AS REVOCATION, SUSPENSION,  PROBATION,  MONI-
 TORING OF THE LICENSEE, OR RESTRICTION ON THE LICENSEE'S PRACTICE.
   C.  "ALTERNATIVE  PROGRAM" MEANS A NON-DISCIPLINARY MONITORING PROCESS
 APPROVED BY AN AUDIOLOGY OR SPEECH-LANGUAGE PATHOLOGY LICENSING BOARD TO
 ADDRESS IMPAIRED PRACTITIONERS.
   D. "AUDIOLOGIST" MEANS AN INDIVIDUAL WHO IS LICENSED  BY  A  STATE  TO
 PRACTICE AUDIOLOGY.
   E.  "AUDIOLOGY"  MEANS  THE  CARE  AND SERVICES PROVIDED BY A LICENSED
 AUDIOLOGIST AS SET FORTH IN THE MEMBER STATE'S STATUTES AND RULES.
   F. "AUDIOLOGY AND SPEECH-LANGUAGE  PATHOLOGY  COMPACT  COMMISSION"  OR
 "COMMISSION"  MEANS  THE  NATIONAL  ADMINISTRATIVE BODY WHOSE MEMBERSHIP
 CONSISTS OF ALL STATES THAT HAVE ENACTED THE COMPACT.
   G. "AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY LICENSING BOARD," "AUDIOL-
 OGY LICENSING BOARD," "SPEECH-LANGUAGE PATHOLOGY  LICENSING  BOARD,"  OR
 "LICENSING  BOARD"  MEANS  THE AGENCY OF A STATE THAT IS RESPONSIBLE FOR
 THE LICENSING AND  REGULATION  OF  AUDIOLOGISTS  AND/OR  SPEECH-LANGUAGE
 PATHOLOGISTS.
   H.  "COMPACT  PRIVILEGE"  MEANS  THE AUTHORIZATION GRANTED BY A REMOTE
 STATE TO ALLOW A LICENSEE FROM ANOTHER MEMBER STATE TO  PRACTICE  AS  AN
 AUDIOLOGIST OR SPEECH-LANGUAGE PATHOLOGIST IN THE REMOTE STATE UNDER ITS
 LAWS  AND  RULES. THE PRACTICE OF AUDIOLOGY OR SPEECH-LANGUAGE PATHOLOGY
 OCCURS IN THE MEMBER STATE WHERE THE PATIENT/CLIENT/STUDENT  IS  LOCATED
 AT THE TIME OF THE PATIENT/CLIENT/STUDENT ENCOUNTER.
   I. "CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS INVESTIGATIVE
 INFORMATION  THAT  A  LICENSING BOARD, AFTER AN INQUIRY OR INVESTIGATION
 THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY  FOR  THE  AUDIOLOGIST  OR
 SPEECH-LANGUAGE  PATHOLOGIST  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.
   J.  "DATA  SYSTEM"  MEANS A REPOSITORY OF INFORMATION ABOUT LICENSEES,
 INCLUDING, BUT NOT LIMITED TO, CONTINUING EDUCATION, EXAMINATION, LICEN-
 SURE, INVESTIGATIVE, COMPACT PRIVILEGE AND ADVERSE ACTION.
   K. "ENCUMBERED LICENSE" MEANS A LICENSE IN  WHICH  AN  ADVERSE  ACTION
 RESTRICTS  THE PRACTICE OF AUDIOLOGY OR SPEECH-LANGUAGE PATHOLOGY BY THE
 LICENSEE AND SAID ADVERSE ACTION HAS BEEN REPORTED TO THE NATIONAL PRAC-
 TITIONERS DATA BANK (NPDB).
   L. "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.
   M.  "HOME STATE" MEANS THE MEMBER STATE THAT IS THE LICENSEE'S PRIMARY
 STATE OF RESIDENCE.
   N. "IMPAIRED PRACTITIONER" MEANS INDIVIDUALS WHOSE PROFESSIONAL  PRAC-
 TICE  IS  ADVERSELY  AFFECTED  BY  SUBSTANCE  ABUSE, ADDICTION, OR OTHER
 HEALTH-RELATED CONDITIONS.
   O. "LICENSEE" MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS AN AUTHORIZATION
 FROM THE STATE LICENSING BOARD TO PRACTICE AS AN AUDIOLOGIST OR  SPEECH-
 LANGUAGE PATHOLOGIST.
   P. "MEMBER STATE" MEANS A STATE THAT HAS ENACTED THE COMPACT.
   Q.  "PRIVILEGE TO PRACTICE" MEANS A LEGAL AUTHORIZATION PERMITTING THE
 PRACTICE OF AUDIOLOGY OR SPEECH-LANGUAGE PATHOLOGY IN A REMOTE STATE.
   R. "REMOTE STATE" MEANS A MEMBER STATE OTHER THAN THE HOME STATE WHERE
 A LICENSEE IS EXERCISING OR SEEKING TO EXERCISE THE COMPACT PRIVILEGE.
   S. "RULE" MEANS A REGULATION, PRINCIPLE OR  DIRECTIVE  PROMULGATED  BY
 THE COMMISSION THAT HAS THE FORCE OF LAW.
 A. 7948                            32
 
   T.  "SINGLE-STATE  LICENSE"  MEANS  AN  AUDIOLOGY  OR  SPEECH-LANGUAGE
 PATHOLOGY LICENSE ISSUED BY A MEMBER STATE THAT AUTHORIZES PRACTICE ONLY
 WITHIN THE ISSUING STATE AND DOES NOT INCLUDE A PRIVILEGE TO PRACTICE IN
 ANY OTHER MEMBER STATE.
   U.  "SPEECH-LANGUAGE  PATHOLOGIST" MEANS AN INDIVIDUAL WHO IS LICENSED
 BY A STATE TO PRACTICE SPEECH-LANGUAGE PATHOLOGY.
   V. "SPEECH-LANGUAGE PATHOLOGY MEANS THE CARE AND SERVICES PROVIDED  BY
 A  LICENSED  SPEECH-LANGUAGE  PATHOLOGIST  AS  SET  FORTH  IN THE MEMBER
 STATE'S STATUTES AND RULES.
   W. "STATE" MEANS ANY STATE, COMMONWEALTH, DISTRICT OR TERRITORY OF THE
 UNITED STATES OF AMERICA THAT REGULATES THE PRACTICE  OF  AUDIOLOGY  AND
 SPEECH-LANGUAGE PATHOLOGY.
   X.  "STATE PRACTICE LAWS" MEANS A MEMBER STATE'S LAWS, RULES AND REGU-
 LATIONS THAT GOVERN THE PRACTICE OF AUDIOLOGY OR SPEECH-LANGUAGE PATHOL-
 OGY, DEFINE THE SCOPE OF AUDIOLOGY OR  SPEECH-LANGUAGE  PATHOLOGY  PRAC-
 TICE, AND CREATE THE METHODS AND GROUNDS FOR IMPOSING DISCIPLINE.
   Y.  "TELEHEALTH" MEANS THE APPLICATION OF TELECOMMUNICATION TECHNOLOGY
 TO DELIVER AUDIOLOGY OR SPEECH-LANGUAGE PATHOLOGY SERVICES AT A DISTANCE
 FOR ASSESSMENT, INTERVENTION AND/OR CONSULTATION.
 
                                SECTION 3.
                    STATE PARTICIPATION IN THE COMPACT
 
   A. A LICENSE ISSUED TO AN AUDIOLOGIST OR  SPEECH-LANGUAGE  PATHOLOGIST
 BY  A HOME STATE TO A RESIDENT IN THAT STATE SHALL BE RECOGNIZED BY EACH
 MEMBER STATE AS AUTHORIZING AN AUDIOLOGIST OR  SPEECH-LANGUAGE  PATHOLO-
 GIST  TO PRACTICE AUDIOLOGY OR SPEECH-LANGUAGE PATHOLOGY, UNDER A PRIVI-
 LEGE TO PRACTICE, IN EACH MEMBER STATE.
   B. A STATE MUST IMPLEMENT OR UTILIZE PROCEDURES  FOR  CONSIDERING  THE
 CRIMINAL  HISTORY  RECORDS  OF APPLICANTS FOR INITIAL PRIVILEGE TO PRAC-
 TICE. 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.
   1.  A  MEMBER  STATE  MUST FULLY IMPLEMENT A CRIMINAL BACKGROUND CHECK
 REQUIREMENT, WITHIN A TIME FRAME ESTABLISHED BY RULE, BY  RECEIVING  THE
 RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION RECORD SEARCH ON CRIMINAL
 BACKGROUND CHECKS AND USE THE RESULTS IN MAKING LICENSURE DECISIONS.
   2.  COMMUNICATION  BETWEEN  A  MEMBER  STATE, THE COMMISSION AND AMONG
 MEMBER STATES REGARDING THE VERIFICATION OF  ELIGIBILITY  FOR  LICENSURE
 THROUGH  THE COMPACT SHALL 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.
   C.  UPON  APPLICATION FOR A PRIVILEGE TO PRACTICE, THE LICENSING BOARD
 IN THE ISSUING REMOTE STATE SHALL ASCERTAIN, THROUGH  THE  DATA  SYSTEM,
 WHETHER  THE  APPLICANT  HAS  EVER  HELD, OR IS THE HOLDER OF, A LICENSE
 ISSUED BY ANY OTHER STATE, WHETHER THERE ARE  ANY  ENCUMBRANCES  ON  ANY
 LICENSE  OR  PRIVILEGE  TO  PRACTICE  HELD BY THE APPLICANT, WHETHER ANY
 ADVERSE ACTION HAS BEEN TAKEN AGAINST ANY LICENSE OR PRIVILEGE TO  PRAC-
 TICE HELD BY THE APPLICANT.
   D.  EACH MEMBER STATE SHALL REQUIRE AN APPLICANT TO OBTAIN OR RETAIN A
 LICENSE IN THE HOME STATE AND MEET THE HOME STATE'S  QUALIFICATIONS  FOR
 LICENSURE  OR  RENEWAL  OF  LICENSURE,  AS WELL AS, ALL OTHER APPLICABLE
 STATE LAWS.
   E. FOR AN AUDIOLOGIST:
 A. 7948                            33
 
   1. MUST MEET ONE OF THE FOLLOWING EDUCATIONAL REQUIREMENTS:
   A.  ON  OR BEFORE, DEC. 31, 2007, HAS GRADUATED WITH A MASTER'S DEGREE
 OR DOCTORATE IN AUDIOLOGY, OR EQUIVALENT  DEGREE  REGARDLESS  OF  DEGREE
 NAME,  FROM A PROGRAM THAT IS ACCREDITED BY AN ACCREDITING AGENCY RECOG-
 NIZED BY THE COUNCIL FOR HIGHER EDUCATION ACCREDITATION, OR ITS  SUCCES-
 SOR,  OR  BY THE UNITED STATES DEPARTMENT OF EDUCATION AND OPERATED BY A
 COLLEGE OR UNIVERSITY ACCREDITED BY A REGIONAL OR  NATIONAL  ACCREDITING
 ORGANIZATION RECOGNIZED BY THE BOARD; OR
   B.  ON OR AFTER, JAN. 1, 2008, HAS GRADUATED WITH A DOCTORAL DEGREE IN
 AUDIOLOGY, OR EQUIVALENT DEGREE,  REGARDLESS  OF  DEGREE  NAME,  FROM  A
 PROGRAM  THAT  IS  ACCREDITED BY AN ACCREDITING AGENCY RECOGNIZED BY THE
 COUNCIL FOR HIGHER EDUCATION ACCREDITATION, OR ITS SUCCESSOR, OR BY  THE
 UNITED  STATES  DEPARTMENT  OF  EDUCATION  AND  OPERATED BY A COLLEGE OR
 UNIVERSITY ACCREDITED BY A REGIONAL OR NATIONAL ACCREDITING ORGANIZATION
 RECOGNIZED BY THE BOARD; OR
   C. HAS GRADUATED FROM AN AUDIOLOGY PROGRAM THAT IS HOUSED IN AN INSTI-
 TUTION OF HIGHER EDUCATION OUTSIDE OF THE UNITED STATES  (A)  FOR  WHICH
 THE PROGRAM AND INSTITUTION HAVE BEEN APPROVED BY THE AUTHORIZED ACCRED-
 ITING BODY IN THE APPLICABLE COUNTRY AND (B) THE DEGREE PROGRAM HAS BEEN
 VERIFIED BY AN INDEPENDENT CREDENTIALS REVIEW AGENCY TO BE COMPARABLE TO
 A STATE LICENSING BOARD-APPROVED PROGRAM.
   2.  HAS  COMPLETED  A SUPERVISED CLINICAL PRACTICUM EXPERIENCE FROM AN
 ACCREDITED  EDUCATIONAL  INSTITUTION  OR  ITS  COOPERATING  PROGRAMS  AS
 REQUIRED BY THE COMMISSION;
   3.  HAS  SUCCESSFULLY  PASSED  A  NATIONAL EXAMINATION APPROVED BY THE
 COMMISSION;
   4. HOLDS AN ACTIVE, UNENCUMBERED LICENSE;
   5. HAS NOT BEEN CONVICTED OR FOUND GUILTY, AND HAS NOT ENTERED INTO AN
 AGREED DISPOSITION, OF A FELONY RELATED TO THE  PRACTICE  OF  AUDIOLOGY,
 UNDER APPLICABLE STATE OR FEDERAL CRIMINAL LAW;
   6.  HAS A VALID UNITED STATES SOCIAL SECURITY OR NATIONAL PRACTITIONER
 IDENTIFICATION NUMBER.
   F. FOR A SPEECH-LANGUAGE PATHOLOGIST:
   1. MUST MEET ONE OF THE FOLLOWING EDUCATIONAL REQUIREMENTS:
   A. HAS GRADUATED WITH A MASTER'S DEGREE FROM A SPEECH-LANGUAGE PATHOL-
 OGY PROGRAM THAT IS ACCREDITED BY  AN  ORGANIZATION  RECOGNIZED  BY  THE
 UNITED  STATES  DEPARTMENT  OF  EDUCATION  AND  OPERATED BY A COLLEGE OR
 UNIVERSITY ACCREDITED BY A REGIONAL OR NATIONAL ACCREDITING ORGANIZATION
 RECOGNIZED BY THE BOARD; OR
   B. HAS GRADUATED FROM A  SPEECH-LANGUAGE  PATHOLOGY  PROGRAM  THAT  IS
 HOUSED  IN  AN  INSTITUTION  OF  HIGHER  EDUCATION OUTSIDE OF THE UNITED
 STATES (A) FOR WHICH THE PROGRAM AND INSTITUTION HAVE BEEN  APPROVED  BY
 THE  AUTHORIZED  ACCREDITING  BODY IN THE APPLICABLE COUNTRY AND (B) THE
 DEGREE PROGRAM HAS BEEN VERIFIED BY AN  INDEPENDENT  CREDENTIALS  REVIEW
 AGENCY TO BE COMPARABLE TO A STATE LICENSING BOARD-APPROVED PROGRAM.
   2.  HAS  COMPLETED  A SUPERVISED CLINICAL PRACTICUM EXPERIENCE FROM AN
 EDUCATIONAL INSTITUTION OR ITS COOPERATING PROGRAMS AS REQUIRED  BY  THE
 COMMISSION;
   3.  HAS COMPLETED A SUPERVISED POSTGRADUATE PROFESSIONAL EXPERIENCE AS
 REQUIRED BY THE COMMISSION;
   4. HAS SUCCESSFULLY PASSED A  NATIONAL  EXAMINATION  APPROVED  BY  THE
 COMMISSION;
   5. HOLDS AN ACTIVE, UNENCUMBERED LICENSE;
   6. HAS NOT BEEN CONVICTED OR FOUND GUILTY, AND HAS NOT ENTERED INTO AN
 AGREED  DISPOSITION,  OF A FELONY RELATED TO THE PRACTICE OF SPEECH-LAN-
 GUAGE PATHOLOGY, UNDER APPLICABLE STATE OR FEDERAL CRIMINAL LAW;
 A. 7948                            34
 
   7. HAS A VALID UNITED STATES SOCIAL SECURITY OR NATIONAL  PRACTITIONER
 IDENTIFICATION NUMBER.
   G. THE PRIVILEGE TO PRACTICE IS DERIVED FROM THE HOME STATE LICENSE.
   H.  AN  AUDIOLOGIST  OR  SPEECH-LANGUAGE  PATHOLOGIST  PRACTICING IN A
 MEMBER STATE MUST COMPLY WITH THE STATE PRACTICE LAWS OF  THE  STATE  IN
 WHICH  THE  CLIENT IS LOCATED AT THE TIME SERVICE IS PROVIDED. THE PRAC-
 TICE OF  AUDIOLOGY  AND  SPEECH-LANGUAGE  PATHOLOGY  SHALL  INCLUDE  ALL
 AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AS DEFINED BY THE STATE
 PRACTICE  LAWS  OF  THE MEMBER STATE IN WHICH THE CLIENT IS LOCATED. THE
 PRACTICE OF AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY IN  A  MEMBER  STATE
 UNDER  A  PRIVILEGE  TO PRACTICE SHALL SUBJECT AN AUDIOLOGIST OR SPEECH-
 LANGUAGE PATHOLOGIST TO THE JURISDICTION OF  THE  LICENSING  BOARD,  THE
 COURTS  AND  THE LAWS OF THE MEMBER STATE IN WHICH THE CLIENT IS LOCATED
 AT THE TIME SERVICE IS PROVIDED.
   I. INDIVIDUALS NOT RESIDING IN A MEMBER STATE  SHALL  CONTINUE  TO  BE
 ABLE  TO  APPLY  FOR  A  MEMBER STATE'S SINGLE-STATE LICENSE AS PROVIDED
 UNDER THE LAWS OF EACH MEMBER STATE.  HOWEVER, THE SINGLE-STATE  LICENSE
 GRANTED  TO  THESE  INDIVIDUALS  SHALL NOT BE RECOGNIZED AS GRANTING THE
 PRIVILEGE TO PRACTICE AUDIOLOGY  OR  SPEECH-LANGUAGE  PATHOLOGY  IN  ANY
 OTHER  MEMBER  STATE.  NOTHING IN THIS COMPACT SHALL AFFECT THE REQUIRE-
 MENTS ESTABLISHED BY A MEMBER STATE FOR THE ISSUANCE OF  A  SINGLE-STATE
 LICENSE.
   J. MEMBER STATES MAY CHARGE A FEE FOR GRANTING A COMPACT PRIVILEGE.
   K. MEMBER STATES MUST COMPLY WITH THE BYLAWS AND RULES AND REGULATIONS
 OF THE COMMISSION.
 
                                SECTION 4.
                             COMPACT PRIVILEGE

   A. TO EXERCISE THE COMPACT PRIVILEGE UNDER THE TERMS AND PROVISIONS OF
 THE COMPACT, THE AUDIOLOGIST OR SPEECH-LANGUAGE PATHOLOGIST SHALL:
   1. HOLD AN ACTIVE LICENSE IN THE HOME STATE;
   2. HAVE NO ENCUMBRANCE ON ANY STATE LICENSE;
   3.  BE ELIGIBLE FOR A COMPACT PRIVILEGE IN ANY MEMBER STATE IN ACCORD-
 ANCE WITH SECTION 3;
   4. HAVE NOT HAD ANY ADVERSE ACTION  AGAINST  ANY  LICENSE  OR  COMPACT
 PRIVILEGE WITHIN THE PREVIOUS 2 YEARS FROM DATE OF APPLICATION;
   5.  NOTIFY  THE  COMMISSION  THAT  THE LICENSEE IS SEEKING THE COMPACT
 PRIVILEGE WITHIN A REMOTE STATE(S);
   6. PAY ANY APPLICABLE FEES, INCLUDING ANY STATE FEE, FOR  THE  COMPACT
 PRIVILEGE;
   7.  REPORT  TO  THE  COMMISSION ADVERSE ACTION TAKEN BY ANY NON-MEMBER
 STATE WITHIN 30 DAYS FROM THE DATE THE ADVERSE ACTION IS TAKEN.
   B. FOR THE PURPOSES  OF  THE  COMPACT  PRIVILEGE,  AN  AUDIOLOGIST  OR
 SPEECH-LANGUAGE  PATHOLOGIST SHALL ONLY HOLD ONE HOME STATE LICENSE AT A
 TIME.
   C. EXCEPT AS PROVIDED IN SECTION 6, IF AN AUDIOLOGIST  OR  SPEECH-LAN-
 GUAGE  PATHOLOGIST  CHANGES PRIMARY STATE OF RESIDENCE BY MOVING BETWEEN
 TWO-MEMBER STATES, THE AUDIOLOGIST OR SPEECH-LANGUAGE  PATHOLOGIST  MUST
 APPLY FOR LICENSURE IN THE NEW HOME STATE, AND THE LICENSE ISSUED BY THE
 PRIOR  HOME  STATE  SHALL  BE  DEACTIVATED IN ACCORDANCE WITH APPLICABLE
 RULES ADOPTED BY THE COMMISSION.
   D. THE AUDIOLOGIST OR SPEECH-LANGUAGE PATHOLOGIST MAY APPLY FOR LICEN-
 SURE IN ADVANCE OF A CHANGE IN PRIMARY STATE OF RESIDENCE.
   E. A LICENSE SHALL NOT BE ISSUED BY  THE  NEW  HOME  STATE  UNTIL  THE
 AUDIOLOGIST   OR   SPEECH-LANGUAGE   PATHOLOGIST  PROVIDES  SATISFACTORY
 A. 7948                            35
 
 EVIDENCE OF A CHANGE IN PRIMARY STATE OF RESIDENCE TO THE NEW HOME STATE
 AND SATISFIES ALL APPLICABLE REQUIREMENTS TO OBTAIN A LICENSE  FROM  THE
 NEW HOME STATE.
   F.  IF  AN  AUDIOLOGIST OR SPEECH-LANGUAGE PATHOLOGIST CHANGES PRIMARY
 STATE OF RESIDENCE BY MOVING FROM A MEMBER STATE TO A NON-MEMBER  STATE,
 THE  LICENSE  ISSUED  BY THE PRIOR HOME STATE SHALL CONVERT TO A SINGLE-
 STATE LICENSE, VALID ONLY IN THE FORMER HOME STATE.
   G. THE COMPACT PRIVILEGE IS VALID UNTIL THE  EXPIRATION  DATE  OF  THE
 HOME  STATE  LICENSE.  THE LICENSEE MUST COMPLY WITH THE REQUIREMENTS OF
 SECTION 4A TO MAINTAIN THE COMPACT PRIVILEGE IN THE REMOTE STATE.
   H.  A  LICENSEE  PROVIDING  AUDIOLOGY  OR  SPEECH-LANGUAGE   PATHOLOGY
 SERVICES  IN  A  REMOTE STATE UNDER THE COMPACT PRIVILEGE SHALL FUNCTION
 WITHIN THE LAWS AND REGULATIONS OF THE REMOTE STATE.
   I.  A  LICENSEE  PROVIDING  AUDIOLOGY  OR  SPEECH-LANGUAGE   PATHOLOGY
 SERVICES IN A REMOTE STATE IS SUBJECT TO THAT STATE'S REGULATORY AUTHOR-
 ITY. A REMOTE STATE MAY, IN ACCORDANCE WITH DUE PROCESS AND THAT STATE'S
 LAWS,  REMOVE  A  LICENSEE'S COMPACT PRIVILEGE IN THE REMOTE STATE FOR A
 SPECIFIC PERIOD OF TIME, IMPOSE FINES, AND/OR TAKE ANY  OTHER  NECESSARY
 ACTIONS TO PROTECT THE HEALTH AND SAFETY OF ITS CITIZENS.
   J.  IF A HOME STATE LICENSE IS ENCUMBERED, THE LICENSEE SHALL LOSE THE
 COMPACT PRIVILEGE IN ANY REMOTE STATE UNTIL THE FOLLOWING OCCUR:
   1. THE HOME STATE LICENSE IS NO LONGER ENCUMBERED; AND
   2. TWO YEARS HAVE ELAPSED FROM THE DATE OF THE ADVERSE ACTION.
   K. ONCE AN ENCUMBERED LICENSE IN THE HOME STATE IS  RESTORED  TO  GOOD
 STANDING,  THE  LICENSEE  MUST  MEET  THE  REQUIREMENTS OF SECTION 4A TO
 OBTAIN A COMPACT PRIVILEGE IN ANY REMOTE STATE.
   L. ONCE THE REQUIREMENTS OF SECTION 4J HAVE  BEEN  MET,  THE  LICENSEE
 MUST  MEET  THE REQUIREMENTS IN SECTION 4A TO OBTAIN A COMPACT PRIVILEGE
 IN A REMOTE STATE.
 
                                SECTION 5.
                 COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
 
   MEMBER STATES SHALL RECOGNIZE THE RIGHT OF AN AUDIOLOGIST  OR  SPEECH-
 LANGUAGE  PATHOLOGIST,  LICENSED  BY  A  HOME  STATE  IN ACCORDANCE WITH
 SECTION 3 AND UNDER RULES PROMULGATED BY  THE  COMMISSION,  TO  PRACTICE
 AUDIOLOGY  OR  SPEECH-LANGUAGE  PATHOLOGY  IN ANY MEMBER STATE VIA TELE-
 HEALTH UNDER A PRIVILEGE TO PRACTICE AS  PROVIDED  IN  THE  COMPACT  AND
 RULES PROMULGATED BY THE COMMISSION.
 
                                SECTION 6.
              ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
 
   ACTIVE  DUTY  MILITARY  PERSONNEL,  OR THEIR SPOUSE, SHALL DESIGNATE A
 HOME STATE WHERE THE INDIVIDUAL HAS A CURRENT LICENSE IN GOOD  STANDING.
 THE  INDIVIDUAL  MAY RETAIN THE HOME STATE DESIGNATION DURING THE PERIOD
 THE SERVICE MEMBER IS ON ACTIVE DUTY. SUBSEQUENT TO DESIGNATING  A  HOME
 STATE,  THE INDIVIDUAL SHALL ONLY CHANGE THEIR HOME STATE THROUGH APPLI-
 CATION FOR LICENSURE IN THE NEW STATE.
 
                                SECTION 7.
                              ADVERSE ACTIONS
 
   A. IN ADDITION TO THE OTHER POWERS CONFERRED BY STATE  LAW,  A  REMOTE
 STATE  SHALL  HAVE  THE AUTHORITY, IN ACCORDANCE WITH EXISTING STATE DUE
 PROCESS LAW, TO:
 A. 7948                            36
 
   1. TAKE ADVERSE ACTION AGAINST  AN  AUDIOLOGIST'S  OR  SPEECH-LANGUAGE
 PATHOLOGIST'S PRIVILEGE TO PRACTICE WITHIN THAT MEMBER STATE.
   2.  ISSUE  SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS THAT REQUIRE
 THE ATTENDANCE AND TESTIMONY OF WITNESSES AS WELL AS THE  PRODUCTION  OF
 EVIDENCE.  SUBPOENAS  ISSUED  BY A LICENSING BOARD IN A MEMBER STATE FOR
 THE ATTENDANCE AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF  EVIDENCE
 FROM  ANOTHER  MEMBER STATE SHALL BE ENFORCED IN THE LATTER STATE BY ANY
 COURT OF COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE AND PROCEDURE
 OF THAT COURT APPLICABLE TO  SUBPOENAS  ISSUED  IN  PROCEEDINGS  PENDING
 BEFORE  IT.  THE  ISSUING  AUTHORITY  SHALL PAY ANY WITNESS FEES, TRAVEL
 EXPENSES, MILEAGE AND OTHER FEES REQUIRED BY THE SERVICE STATUTES OF THE
 STATE IN WHICH THE WITNESSES OR EVIDENCE ARE LOCATED.
   3. ONLY THE HOME STATE SHALL HAVE THE POWER  TO  TAKE  ADVERSE  ACTION
 AGAINST  A AUDIOLOGIST'S OR SPEECH-LANGUAGE PATHOLOGIST'S LICENSE ISSUED
 BY THE HOME STATE.
   B. FOR PURPOSES OF TAKING ADVERSE ACTION, THE HOME  STATE  SHALL  GIVE
 THE  SAME PRIORITY AND EFFECT TO REPORTED CONDUCT RECEIVED FROM A MEMBER
 STATE AS IT WOULD IF THE CONDUCT HAD OCCURRED WITHIN THE HOME STATE.  IN
 SO  DOING,  THE  HOME  STATE SHALL APPLY ITS OWN STATE LAWS TO DETERMINE
 APPROPRIATE ACTION.
   C. THE HOME STATE SHALL COMPLETE  ANY  PENDING  INVESTIGATIONS  OF  AN
 AUDIOLOGIST  OR SPEECH-LANGUAGE PATHOLOGIST WHO CHANGES PRIMARY STATE OF
 RESIDENCE DURING THE COURSE OF THE INVESTIGATIONS. THE HOME STATE  SHALL
 ALSO HAVE THE AUTHORITY TO TAKE APPROPRIATE ACTION(S) AND SHALL PROMPTLY
 REPORT THE CONCLUSIONS OF THE INVESTIGATIONS TO THE ADMINISTRATOR OF THE
 DATA  SYSTEM. THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION
 SYSTEM SHALL PROMPTLY NOTIFY THE NEW HOME STATE OF ANY ADVERSE ACTIONS.
   D. IF OTHERWISE PERMITTED BY STATE LAW, THE MEMBER STATE  MAY  RECOVER
 FROM  THE  AFFECTED AUDIOLOGIST OR SPEECH-LANGUAGE PATHOLOGIST THE COSTS
 OF INVESTIGATIONS AND DISPOSITION OF CASES RESULTING  FROM  ANY  ADVERSE
 ACTION TAKEN AGAINST THAT AUDIOLOGIST OR SPEECH-LANGUAGE PATHOLOGIST.
   E. THE MEMBER STATE MAY TAKE ADVERSE ACTION BASED ON THE FACTUAL FIND-
 INGS  OF  THE  REMOTE  STATE, PROVIDED THAT THE MEMBER STATE FOLLOWS THE
 MEMBER STATE'S OWN PROCEDURES FOR TAKING THE ADVERSE ACTION.
   F. JOINT INVESTIGATIONS.
   1. IN ADDITION TO THE AUTHORITY GRANTED  TO  A  MEMBER  STATE  BY  ITS
 RESPECTIVE  AUDIOLOGY OR SPEECH-LANGUAGE PATHOLOGY PRACTICE ACT OR OTHER
 APPLICABLE STATE LAW, ANY MEMBER STATE MAY PARTICIPATE WITH OTHER MEMBER
 STATES IN JOINT INVESTIGATIONS OF LICENSEES.
   2. MEMBER STATES SHALL SHARE ANY INVESTIGATIVE, LITIGATION, OR COMPLI-
 ANCE MATERIALS IN FURTHERANCE OF ANY JOINT OR  INDIVIDUAL  INVESTIGATION
 INITIATED UNDER THE COMPACT.
   G.   IF  ADVERSE  ACTION  IS  TAKEN  BY  THE  HOME  STATE  AGAINST  AN
 AUDIOLOGIST'S   OR   SPEECH   LANGUAGE   PATHOLOGIST'S   LICENSE,    THE
 AUDIOLOGIST'S  OR SPEECH-LANGUAGE PATHOLOGIST'S PRIVILEGE TO PRACTICE IN
 ALL OTHER MEMBER STATES SHALL BE DEACTIVATED UNTIL ALL ENCUMBRANCES HAVE
 BEEN REMOVED FROM THE STATE LICENSE. ALL HOME STATE DISCIPLINARY  ORDERS
 THAT  IMPOSE  ADVERSE ACTION AGAINST AN AUDIOLOGIST'S OR SPEECH LANGUAGE
 PATHOLOGIST'S LICENSE SHALL INCLUDE A STATEMENT THAT  THE  AUDIOLOGIST'S
 OR SPEECH-LANGUAGE PATHOLOGIST'S PRIVILEGE TO PRACTICE IS DEACTIVATED IN
 ALL MEMBER STATES DURING THE PENDENCY OF THE ORDER.
   H.  IF  A  MEMBER STATE TAKES ADVERSE ACTION, IT SHALL PROMPTLY NOTIFY
 THE ADMINISTRATOR OF THE DATA SYSTEM.  THE  ADMINISTRATOR  OF  THE  DATA
 SYSTEM  SHALL  PROMPTLY  NOTIFY THE HOME STATE OF ANY ADVERSE ACTIONS BY
 REMOTE STATES.
 A. 7948                            37
 
   I.  NOTHING IN THIS COMPACT SHALL OVERRIDE A MEMBER  STATE'S  DECISION
 THAT  PARTICIPATION  IN  AN  ALTERNATIVE  PROGRAM MAY BE USED IN LIEU OF
 ADVERSE ACTION.
 
                                SECTION 8.
       ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
                            COMPACT COMMISSION
 
   A.  THE  COMPACT  MEMBER  STATES  HEREBY  CREATE AND ESTABLISH A JOINT
 PUBLIC AGENCY KNOWN  AS  THE  AUDIOLOGY  AND  SPEECH-LANGUAGE  PATHOLOGY
 COMPACT COMMISSION:
   1. THE COMMISSION IS AN INSTRUMENTALITY OF THE COMPACT STATES.
   2.  VENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST THE COMMIS-
 SION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY IN  A  COURT  OF  COMPETENT
 JURISDICTION  WHERE  THE  PRINCIPAL OFFICE OF THE COMMISSION IS LOCATED.
 THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DEFENSES TO THE EXTENT
 IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE  DISPUTE  RESOLUTION
 PROCEEDINGS.
   3. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A WAIVER OF SOVER-
 EIGN IMMUNITY.
   B. MEMBERSHIP, VOTING AND MEETINGS.
   1.  EACH  MEMBER  STATE  SHALL HAVE TWO (2) DELEGATES SELECTED BY THAT
 MEMBER STATE'S LICENSING BOARD. THE DELEGATES SHALL BE  CURRENT  MEMBERS
 OF  THE  LICENSING BOARD. ONE SHALL BE AN AUDIOLOGIST AND ONE SHALL BE A
 SPEECH-LANGUAGE PATHOLOGIST.
   2. AN ADDITIONAL FIVE (5) DELEGATES, WHO ARE EITHER A PUBLIC MEMBER OR
 BOARD ADMINISTRATOR FROM A STATE LICENSING BOARD, SHALL BE CHOSEN BY THE
 EXECUTIVE COMMITTEE FROM A POOL OF NOMINEES PROVIDED BY  THE  COMMISSION
 AT LARGE.
   3. ANY DELEGATE MAY BE REMOVED OR SUSPENDED FROM OFFICE AS PROVIDED BY
 THE LAW OF THE STATE FROM WHICH THE DELEGATE IS APPOINTED.
   4.  THE  MEMBER  STATE  BOARD  SHALL FILL ANY VACANCY OCCURRING ON THE
 COMMISSION, WITHIN 90 DAYS.
   5. EACH DELEGATE SHALL BE ENTITLED TO ONE (1) VOTE WITH REGARD TO  THE
 PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN
 OPPORTUNITY  TO  PARTICIPATE  IN THE BUSINESS AND AFFAIRS OF THE COMMIS-
 SION.
   6. A DELEGATE SHALL VOTE IN PERSON OR BY OTHER MEANS  AS  PROVIDED  IN
 THE BYLAWS. THE BYLAWS MAY PROVIDE FOR DELEGATES' PARTICIPATION IN MEET-
 INGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
   7.  THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
 ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS.
   C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION;
   2. ESTABLISH BYLAWS;
   3. ESTABLISH A CODE OF ETHICS;
   4. MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE BYLAWS;
   5. MEET AND TAKE ACTIONS AS ARE CONSISTENT WITH THE PROVISIONS OF THIS
 COMPACT AND THE BYLAWS;
   6. PROMULGATE UNIFORM RULES TO FACILITATE AND  COORDINATE  IMPLEMENTA-
 TION  AND ADMINISTRATION OF THIS COMPACT. THE RULES SHALL HAVE THE FORCE
 AND EFFECT OF LAW AND SHALL BE BINDING IN ALL MEMBER STATES;
   7. BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF THE
 COMMISSION, PROVIDED THAT THE STANDING OF ANY STATE AUDIOLOGY OR SPEECH-
 LANGUAGE PATHOLOGY LICENSING BOARD TO SUE OR BE  SUED  UNDER  APPLICABLE
 LAW SHALL NOT BE AFFECTED;
 A. 7948                            38
 
   8. PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   9.  BORROW,  ACCEPT, OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
 BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE;
   10. HIRE EMPLOYEES,  ELECT  OR  APPOINT  OFFICERS,  FIX  COMPENSATION,
 DEFINE  DUTIES, GRANT INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT THE
 PURPOSES OF THE COMPACT, AND TO  ESTABLISH  THE  COMMISSION'S  PERSONNEL
 POLICIES  AND PROGRAMS RELATING TO CONFLICTS OF INTEREST, QUALIFICATIONS
 OF PERSONNEL, AND OTHER RELATED PERSONNEL MATTERS;
   11. ACCEPT ANY AND ALL APPROPRIATE  DONATIONS  AND  GRANTS  OF  MONEY,
 EQUIPMENT, SUPPLIES, MATERIALS AND SERVICES, AND TO RECEIVE, UTILIZE AND
 DISPOSE  OF  THE  SAME;  PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL
 AVOID ANY APPEARANCE OF IMPROPRIETY AND/OR CONFLICT OF INTEREST;
   12. LEASE, PURCHASE, ACCEPT APPROPRIATE  GIFTS  OR  DONATIONS  OF,  OR
 OTHERWISE  TO OWN, HOLD, IMPROVE OR USE, ANY PROPERTY, REAL, PERSONAL OR
 MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY APPEAR-
 ANCE OF IMPROPRIETY;
   13. SELL CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON, OR OTHER-
 WISE DISPOSE OF ANY PROPERTY REAL, PERSONAL, OR MIXED;
   14. ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   15. BORROW MONEY;
   16. APPOINT COMMITTEES,  INCLUDING  STANDING  COMMITTEES  COMPOSED  OF
 MEMBERS,  AND  OTHER  INTERESTED  PERSONS  AS  MAY BE DESIGNATED IN THIS
 COMPACT AND THE BYLAWS;
   17. PROVIDE AND RECEIVE INFORMATION  FROM,  AND  COOPERATE  WITH,  LAW
 ENFORCEMENT AGENCIES;
   18. ESTABLISH AND ELECT AN EXECUTIVE COMMITTEE; AND
   19.  PERFORM  OTHER  FUNCTIONS  AS  MAY BE NECESSARY OR APPROPRIATE TO
 ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT  WITH  THE  STATE  REGU-
 LATION  OF  AUDIOLOGY  AND SPEECH-LANGUAGE PATHOLOGY LICENSURE AND PRAC-
 TICE.
   D. THE EXECUTIVE COMMITTEE.
   THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON BEHALF  OF  THE
 COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT:
   1. THE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF TEN (10) MEMBERS:
   A. SEVEN (7) VOTING MEMBERS WHO ARE ELECTED BY THE COMMISSION FROM THE
 CURRENT MEMBERSHIP OF THE COMMISSION;
   B.  TWO  (2)  EX-OFFICIOS,  CONSISTING  OF ONE NONVOTING MEMBER FROM A
 RECOGNIZED NATIONAL AUDIOLOGY PROFESSIONAL ASSOCIATION AND ONE NONVOTING
 MEMBER FROM A RECOGNIZED NATIONAL SPEECH-LANGUAGE PATHOLOGY ASSOCIATION;
 AND
   C. ONE (1) EX-OFFICIO, NONVOTING MEMBER FROM THE RECOGNIZED MEMBERSHIP
 ORGANIZATION OF THE AUDIOLOGY AND  SPEECH-LANGUAGE  PATHOLOGY  LICENSING
 BOARDS.
   E. THE EX-OFFICIO MEMBERS SHALL BE SELECTED BY THEIR RESPECTIVE ORGAN-
 IZATIONS.
   1.  THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE COMMITTEE AS
 PROVIDED IN BYLAWS.
   2. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY.
   3. THE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING DUTIES AND RESPON-
 SIBILITIES:
   A. RECOMMEND TO THE ENTIRE COMMISSION CHANGES TO THE RULES OR  BYLAWS,
 CHANGES  TO THIS COMPACT LEGISLATION, FEES PAID BY COMPACT MEMBER STATES
 SUCH AS ANNUAL DUES, AND ANY COMMISSION COMPACT FEE CHARGED TO LICENSEES
 FOR THE COMPACT PRIVILEGE;
   B. ENSURE COMPACT ADMINISTRATION SERVICES ARE APPROPRIATELY  PROVIDED,
 CONTRACTUAL OR OTHERWISE;
 A. 7948                            39
 
   C. PREPARE AND RECOMMEND THE BUDGET;
   D. MAINTAIN FINANCIAL RECORDS ON BEHALF OF THE COMMISSION;
   E.  MONITOR COMPACT COMPLIANCE OF MEMBER STATES AND PROVIDE COMPLIANCE
 REPORTS TO THE COMMISSION;
   F. ESTABLISH ADDITIONAL COMMITTEES AS NECESSARY; AND
   G. OTHER DUTIES AS PROVIDED IN RULES OR BYLAWS.
   4. MEETINGS OF THE COMMISSION.
   ALL MEETINGS SHALL BE OPEN TO THE PUBLIC, AND PUBLIC NOTICE  OF  MEET-
 INGS  SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULEMAKING
 PROVISIONS IN SECTION 10.
   5. THE COMMISSION OR THE EXECUTIVE COMMITTEE OR  OTHER  COMMITTEES  OF
 THE  COMMISSION  MAY  CONVENE  IN  A  CLOSED,  NON-PUBLIC MEETING IF THE
 COMMISSION OR EXECUTIVE COMMITTEE OR OTHER COMMITTEES OF THE  COMMISSION
 MUST DISCUSS:
   A.  NON-COMPLIANCE  OF  A  MEMBER STATE WITH ITS OBLIGATIONS UNDER THE
 COMPACT;
   B. THE EMPLOYMENT, COMPENSATION, DISCIPLINE OR  OTHER  MATTERS,  PRAC-
 TICES  OR  PROCEDURES  RELATED  TO  SPECIFIC  EMPLOYEES OR OTHER MATTERS
 RELATED TO THE COMMISSION'S INTERNAL PERSONNEL PRACTICES AND PROCEDURES;
   C. CURRENT, THREATENED, OR REASONABLY ANTICIPATED LITIGATION;
   D. NEGOTIATION OF CONTRACTS FOR THE PURCHASE, LEASE, OR SALE OF GOODS,
 SERVICES, OR REAL ESTATE;
   E. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON;
   F. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL  INFORMATION
 THAT IS PRIVILEGED OR CONFIDENTIAL;
   G.  DISCLOSURE  OF  INFORMATION  OF A PERSONAL NATURE WHERE DISCLOSURE
 WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
   H. DISCLOSURE OF INVESTIGATIVE RECORDS COMPILED  FOR  LAW  ENFORCEMENT
 PURPOSES;
   I.  DISCLOSURE  OF  INFORMATION  RELATED  TO ANY INVESTIGATIVE REPORTS
 PREPARED BY OR ON BEHALF OF OR  FOR  USE  OF  THE  COMMISSION  OR  OTHER
 COMMITTEE  CHARGED WITH RESPONSIBILITY OF INVESTIGATION OR DETERMINATION
 OF COMPLIANCE ISSUES PURSUANT TO THE COMPACT; OR
   J. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL OR  MEMBER
 STATE STATUTE.
   6.  IF  A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS
 PROVISION, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY THAT
 THE MEETING MAY BE CLOSED AND SHALL REFERENCE  EACH  RELEVANT  EXEMPTING
 PROVISION.
   7.  THE  COMMISSION SHALL KEEP MINUTES THAT FULLY AND CLEARLY DESCRIBE
 ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND ACCURATE
 SUMMARY OF  ACTIONS  TAKEN,  AND  THE  REASONS  THEREFORE,  INCLUDING  A
 DESCRIPTION   OF  THE  VIEWS  EXPRESSED.  ALL  DOCUMENTS  CONSIDERED  IN
 CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN  MINUTES.  ALL  MINUTES
 AND  DOCUMENTS  OF  A CLOSED MEETING SHALL REMAIN UNDER SEAL, SUBJECT TO
 RELEASE BY A MAJORITY VOTE OF THE COMMISSION OR  ORDER  OF  A  COURT  OF
 COMPETENT JURISDICTION.
   8. FINANCING OF THE COMMISSION.
   A.  THE  COMMISSION  SHALL  PAY,  OR  PROVIDE  FOR THE PAYMENT OF, THE
 REASONABLE EXPENSES OF  ITS  ESTABLISHMENT,  ORGANIZATION,  AND  ONGOING
 ACTIVITIES.
   B.  THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE REVENUE SOURCES,
 DONATIONS, AND GRANTS OF  MONEY,  EQUIPMENT,  SUPPLIES,  MATERIALS,  AND
 SERVICES.
   C.  THE  COMMISSION  MAY LEVY ON AND COLLECT AN ANNUAL ASSESSMENT FROM
 EACH MEMBER STATE OR IMPOSE FEES ON OTHER PARTIES TO COVER THE  COST  OF
 A. 7948                            40
 
 THE  OPERATIONS  AND  ACTIVITIES  OF THE COMMISSION AND ITS STAFF, WHICH
 MUST BE IN A TOTAL AMOUNT SUFFICIENT  TO  COVER  ITS  ANNUAL  BUDGET  AS
 APPROVED  EACH  YEAR FOR WHICH REVENUE IS NOT PROVIDED BY OTHER SOURCES.
 THE  AGGREGATE  ANNUAL ASSESSMENT AMOUNT SHALL BE ALLOCATED BASED UPON A
 FORMULA TO BE DETERMINED BY THE COMMISSION,  WHICH  SHALL  PROMULGATE  A
 RULE BINDING UPON ALL MEMBER STATES.
   9.  THE  COMMISSION  SHALL  NOT INCUR OBLIGATIONS OF ANY KIND PRIOR TO
 SECURING THE FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL  THE  COMMISSION
 PLEDGE  THE  CREDIT  OF ANY OF THE MEMBER STATES, EXCEPT BY AND WITH THE
 AUTHORITY OF THE MEMBER STATE.
   10. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF  ALL  RECEIPTS  AND
 DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL BE
 SUBJECT  TO  THE  AUDIT  AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS
 BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY  THE
 COMMISSION  SHALL  BE  AUDITED  YEARLY BY A CERTIFIED OR LICENSED PUBLIC
 ACCOUNTANT, AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND  BECOME
 PART OF THE ANNUAL REPORT OF THE COMMISSION.
   F. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.
   1.  THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESEN-
 TATIVES OF THE COMMISSION SHALL  BE  IMMUNE  FROM  SUIT  AND  LIABILITY,
 EITHER  PERSONALLY  OR  IN  THEIR  OFFICIAL  CAPACITY, FOR ANY CLAIM FOR
 DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL  LIABIL-
 ITY  CAUSED  BY  OR  ARISING  OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR
 OMISSION THAT OCCURRED, OR THAT THE PERSON AGAINST  WHOM  THE  CLAIM  IS
 MADE  HAD  A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
 COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING
 IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT  ANY  PERSON  FROM  SUIT
 AND/OR  LIABILITY  FOR  ANY DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED BY
 THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT PERSON.
   2. THE COMMISSION SHALL DEFEND ANY MEMBER, OFFICER,  EXECUTIVE  DIREC-
 TOR,  EMPLOYEE  OR  REPRESENTATIVE OF THE COMMISSION IN ANY CIVIL ACTION
 SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL  OR  ALLEGED  ACT,
 ERROR,  OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOY-
 MENT, DUTIES, OR RESPONSIBILITIES, OR THAT THE PERSON AGAINST  WHOM  THE
 CLAIM  IS  MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE
 SCOPE OF COMMISSION EMPLOYMENT, DUTIES,  OR  RESPONSIBILITIES;  PROVIDED
 THAT  NOTHING  HEREIN  SHALL  BE  CONSTRUED TO PROHIBIT THAT PERSON FROM
 RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED FURTHER, THAT THE  ACTUAL
 OR  ALLEGED  ACT,  ERROR,  OR OMISSION DID NOT RESULT FROM THAT PERSON'S
 INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT.
   3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY MEMBER,  OFFI-
 CER,  EXECUTIVE  DIRECTOR, EMPLOYEE, OR REPRESENTATIVE OF THE COMMISSION
 FOR THE AMOUNT OF ANY  SETTLEMENT  OR  JUDGMENT  OBTAINED  AGAINST  THAT
 PERSON  ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT
 OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
 BILITIES, OR THAT PERSON HAD A REASONABLE BASIS FOR  BELIEVING  OCCURRED
 WITHIN  THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSIBILITIES,
 PROVIDED THAT THE ACTUAL OR ALLEGED ACT,  ERROR,  OR  OMISSION  DID  NOT
 RESULT  FROM  THE  INTENTIONAL  OR  WILLFUL OR WANTON MISCONDUCT OF THAT
 PERSON.
 
                                SECTION 9.
                                DATA SYSTEM
 
   A. THE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT, MAINTENANCE,  AND
 UTILIZATION  OF  A  COORDINATED DATABASE AND REPORTING SYSTEM CONTAINING
 A. 7948                            41
 
 LICENSURE, ADVERSE ACTION, AND INVESTIGATIVE INFORMATION ON ALL LICENSED
 INDIVIDUALS IN MEMBER STATES.
   B. NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY, A
 MEMBER  STATE  SHALL SUBMIT A UNIFORM DATA SET TO THE DATA SYSTEM ON ALL
 INDIVIDUALS TO WHOM THIS COMPACT IS APPLICABLE AS REQUIRED BY THE  RULES
 OF THE COMMISSION, INCLUDING:
   1. IDENTIFYING INFORMATION;
   2. LICENSURE DATA;
   3. ADVERSE ACTIONS AGAINST A LICENSE OR COMPACT PRIVILEGE;
   4. NON-CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTIC-
 IPATION;
   5.  ANY  DENIAL  OF  APPLICATION  FOR LICENSURE, AND THE REASON(S) FOR
 DENIAL; AND
   6. OTHER INFORMATION THAT MAY FACILITATE THE  ADMINISTRATION  OF  THIS
 COMPACT, AS DETERMINED BY THE RULES OF THE COMMISSION.
   C.  INVESTIGATIVE  INFORMATION  PERTAINING TO A LICENSEE IN ANY MEMBER
 STATE SHALL ONLY BE AVAILABLE TO OTHER MEMBER STATES.
   D. THE COMMISSION SHALL PROMPTLY  NOTIFY  ALL  MEMBER  STATES  OF  ANY
 ADVERSE  ACTION TAKEN AGAINST A LICENSEE OR AN INDIVIDUAL APPLYING FOR A
 LICENSE. ADVERSE ACTION INFORMATION PERTAINING  TO  A  LICENSEE  IN  ANY
 MEMBER STATE SHALL BE AVAILABLE TO ANY OTHER MEMBER STATE.
   E.  MEMBER  STATES  CONTRIBUTING  INFORMATION  TO  THE DATA SYSTEM MAY
 DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH THE PUBLIC WITHOUT THE
 EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
   F. ANY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT  IS  SUBSEQUENTLY
 REQUIRED TO BE EXPUNGED BY THE LAWS OF THE MEMBER STATE CONTRIBUTING THE
 INFORMATION SHALL BE REMOVED FROM THE DATA SYSTEM.
 
                                SECTION 10.
                                RULEMAKING
 
   A. THE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS PURSUANT TO THE
 CRITERIA  SET  FORTH  IN  THIS SECTION AND THE RULES ADOPTED THEREUNDER.
 RULES AND AMENDMENTS SHALL BECOME BINDING AS OF THE  DATE  SPECIFIED  IN
 EACH RULE OR AMENDMENT.
   B.  IF  A  MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES REJECTS A
 RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE SAME MANNER USED TO
 ADOPT THE COMPACT WITHIN 4 YEARS OF THE DATE OF ADOPTION  OF  THE  RULE,
 THE RULE SHALL HAVE NO FURTHER FORCE AND EFFECT IN ANY MEMBER STATE.
   C.  RULES  OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A REGULAR OR
 SPECIAL MEETING OF THE COMMISSION.
   D. PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR RULES BY  THE
 COMMISSION,  AND  AT LEAST THIRTY (30) DAYS IN ADVANCE OF THE MEETING AT
 WHICH THE RULE SHALL BE CONSIDERED AND VOTED UPON, THE COMMISSION  SHALL
 FILE A NOTICE OF PROPOSED RULEMAKING:
   1. ON THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY ACCESSIBLE PLAT-
 FORM; AND
   2.  ON  THE  WEBSITE OF EACH MEMBER STATE AUDIOLOGY OR SPEECH-LANGUAGE
 PATHOLOGY LICENSING BOARD OR OTHER PUBLICLY ACCESSIBLE PLATFORM  OR  THE
 PUBLICATION IN WHICH EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES.
   E. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE:
   1.  THE  PROPOSED TIME, DATE, AND LOCATION OF THE MEETING IN WHICH THE
 RULE SHALL BE CONSIDERED AND VOTED UPON;
   2. THE TEXT OF THE PROPOSED RULE OR AMENDMENT AND THE REASON  FOR  THE
 PROPOSED RULE;
 A. 7948                            42

   3.  A  REQUEST  FOR  COMMENTS ON THE PROPOSED RULE FROM ANY INTERESTED
 PERSON; AND
   4.  THE  MANNER  IN  WHICH INTERESTED PERSONS MAY SUBMIT NOTICE TO THE
 COMMISSION OF THEIR INTENTION TO ATTEND THE PUBLIC HEARING AND ANY WRIT-
 TEN COMMENTS.
   F. PRIOR TO THE ADOPTION OF A  PROPOSED  RULE,  THE  COMMISSION  SHALL
 ALLOW  PERSONS  TO  SUBMIT  WRITTEN DATA, FACTS, OPINIONS AND ARGUMENTS,
 WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC.
   G. THE COMMISSION SHALL GRANT AN  OPPORTUNITY  FOR  A  PUBLIC  HEARING
 BEFORE IT ADOPTS A RULE OR AMENDMENT IF A HEARING IS REQUESTED BY:
   1. AT LEAST TWENTY-FIVE (25) PERSONS;
   2. A STATE OR FEDERAL GOVERNMENTAL SUBDIVISION OR AGENCY; OR
   3. AN ASSOCIATION HAVING AT LEAST TWENTY-FIVE (25) MEMBERS.
   H. IF A HEARING IS HELD ON THE PROPOSED RULE OR AMENDMENT, THE COMMIS-
 SION  SHALL  PUBLISH  THE  PLACE, TIME, AND DATE OF THE SCHEDULED PUBLIC
 HEARING. IF THE HEARING IS HELD VIA  ELECTRONIC  MEANS,  THE  COMMISSION
 SHALL PUBLISH THE MECHANISM FOR ACCESS TO THE ELECTRONIC HEARING.
   1.  ALL  PERSONS  WISHING  TO BE HEARD AT THE HEARING SHALL NOTIFY THE
 EXECUTIVE DIRECTOR OF THE COMMISSION OR OTHER DESIGNATED MEMBER IN WRIT-
 ING OF THEIR DESIRE TO APPEAR AND TESTIFY AT THE HEARING NOT  LESS  THAN
 FIVE (5) BUSINESS DAYS BEFORE THE SCHEDULED DATE OF THE HEARING.
   2.  HEARINGS  SHALL BE CONDUCTED IN A MANNER PROVIDING EACH PERSON WHO
 WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
 IN WRITING.
   3. ALL HEARINGS SHALL BE RECORDED. A COPY OF THE  RECORDING  SHALL  BE
 MADE AVAILABLE ON REQUEST.
   4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE
 HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE  CONVENIENCE  OF  THE
 COMMISSION AT HEARINGS REQUIRED BY THIS SECTION.
   I.  FOLLOWING  THE SCHEDULED HEARING DATE, OR BY THE CLOSE OF BUSINESS
 ON THE SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD,  THE  COMMIS-
 SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
   J.  IF  NO  WRITTEN  NOTICE  OF INTENT TO ATTEND THE PUBLIC HEARING BY
 INTERESTED PARTIES IS RECEIVED, THE COMMISSION MAY PROCEED WITH  PROMUL-
 GATION OF THE PROPOSED RULE WITHOUT A PUBLIC HEARING.
   K.  THE  COMMISSION SHALL, BY MAJORITY VOTE OF ALL MEMBERS, TAKE FINAL
 ACTION ON THE PROPOSED RULE AND SHALL DETERMINE THE  EFFECTIVE  DATE  OF
 THE  RULE,  IF  ANY, BASED ON THE RULEMAKING RECORD AND THE FULL TEXT OF
 THE RULE.
   L. UPON DETERMINATION THAT AN EMERGENCY  EXISTS,  THE  COMMISSION  MAY
 CONSIDER  AND  ADOPT AN EMERGENCY RULE WITHOUT PRIOR NOTICE, OPPORTUNITY
 FOR COMMENT, OR HEARING, PROVIDED THAT THE USUAL  RULEMAKING  PROCEDURES
 PROVIDED  IN  THE  COMPACT  AND  IN  THIS SECTION SHALL BE RETROACTIVELY
 APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE, IN  NO  EVENT  LATER
 THAN  NINETY  (90)  DAYS  AFTER  THE EFFECTIVE DATE OF THE RULE. FOR THE
 PURPOSES OF THIS PROVISION, AN  EMERGENCY  RULE  IS  ONE  THAT  MUST  BE
 ADOPTED IMMEDIATELY IN ORDER TO:
   1. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY, OR WELFARE;
   2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS; OR
   3. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
 IS ESTABLISHED BY FEDERAL LAW OR RULE.
   M.  THE  COMMISSION  OR  AN AUTHORIZED COMMITTEE OF THE COMMISSION MAY
 DIRECT REVISIONS TO A PREVIOUSLY ADOPTED RULE OR AMENDMENT FOR  PURPOSES
 OF CORRECTING TYPOGRAPHICAL ERRORS, ERRORS IN FORMAT, ERRORS IN CONSIST-
 ENCY,  OR  GRAMMATICAL  ERRORS.  PUBLIC NOTICE OF ANY REVISIONS SHALL BE
 POSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION SHALL  BE  SUBJECT
 A. 7948                            43
 
 TO  CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY (30) DAYS AFTER POST-
 ING. THE REVISION MAY BE CHALLENGED ONLY ON GROUNDS  THAT  THE  REVISION
 RESULTS  IN  A  MATERIAL  CHANGE TO A RULE. A CHALLENGE SHALL BE MADE IN
 WRITING AND DELIVERED TO THE CHAIR OF THE COMMISSION PRIOR TO THE END OF
 THE  NOTICE  PERIOD.  IF  NO  CHALLENGE IS MADE, THE REVISION SHALL TAKE
 EFFECT WITHOUT FURTHER  ACTION.  IF  THE  REVISION  IS  CHALLENGED,  THE
 REVISION MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE COMMISSION.
 
                                SECTION 11.
              OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
 
   A. DISPUTE RESOLUTION.
   1.  UPON  REQUEST  BY  A MEMBER STATE, THE COMMISSION SHALL ATTEMPT TO
 RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE AMONG  MEMBER  STATES
 AND BETWEEN MEMBER AND NON-MEMBER STATES.
   2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
 AND BINDING DISPUTE RESOLUTION FOR DISPUTES AS APPROPRIATE.
   B. ENFORCEMENT.
   1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL
 ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
   2.  BY  MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
 DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A MEMBER
 STATE IN DEFAULT TO  ENFORCE  COMPLIANCE  WITH  THE  PROVISIONS  OF  THE
 COMPACT  AND  ITS  PROMULGATED  RULES  AND BYLAWS. THE RELIEF SOUGHT MAY
 INCLUDE BOTH INJUNCTIVE  RELIEF  AND  DAMAGES.  IN  THE  EVENT  JUDICIAL
 ENFORCEMENT  IS  NECESSARY,  THE  PREVAILING MEMBER SHALL BE AWARDED ALL
 COSTS OF LITIGATION, INCLUDING REASONABLE ATTORNEY'S FEES.
   3. THE REMEDIES HEREIN SHALL NOT BE  THE  EXCLUSIVE  REMEDIES  OF  THE
 COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
 FEDERAL OR STATE LAW.
 
                                SECTION 12.
          DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR
                               AUDIOLOGY AND
 SPEECH-LANGUAGE PATHOLOGY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND
                                 AMENDMENT
 
   A. THE COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH THE COMPACT
 STATUTE  IS  ENACTED  INTO LAW IN THE 10TH MEMBER STATE. THE PROVISIONS,
 WHICH BECOME EFFECTIVE AT THAT TIME, SHALL  BE  LIMITED  TO  THE  POWERS
 GRANTED  TO  THE COMMISSION RELATING TO ASSEMBLY AND THE PROMULGATION OF
 RULES. THEREAFTER, THE COMMISSION SHALL  MEET  AND  EXERCISE  RULEMAKING
 POWERS  NECESSARY  TO  THE  IMPLEMENTATION  AND  ADMINISTRATION  OF  THE
 COMPACT.
   B. ANY STATE THAT JOINS THE COMPACT  SUBSEQUENT  TO  THE  COMMISSION'S
 INITIAL  ADOPTION  OF  THE  RULES  SHALL BE SUBJECT TO THE RULES AS THEY
 EXIST ON THE DATE ON WHICH THE COMPACT BECOMES LAW IN  THAT  STATE.  ANY
 RULE  THAT  HAS BEEN PREVIOUSLY ADOPTED BY THE COMMISSION SHALL HAVE THE
 FULL FORCE AND EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW IN  THAT
 STATE.
   C. ANY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY ENACTING A STAT-
 UTE REPEALING THE SAME.
   1.  A  MEMBER  STATE'S  WITHDRAWAL SHALL NOT TAKE EFFECT UNTIL SIX (6)
 MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE.
 A. 7948                            44
 
   2. WITHDRAWAL SHALL NOT AFFECT THE CONTINUING REQUIREMENT OF THE WITH-
 DRAWING STATE'S AUDIOLOGY OR SPEECH-LANGUAGE PATHOLOGY  LICENSING  BOARD
 TO  COMPLY  WITH THE INVESTIGATIVE AND ADVERSE ACTION REPORTING REQUIRE-
 MENTS OF THIS ACT PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL.
   D.  NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
 OR PREVENT ANY AUDIOLOGY OR SPEECH-LANGUAGE PATHOLOGY  LICENSURE  AGREE-
 MENT  OR OTHER COOPERATIVE ARRANGEMENT BETWEEN A MEMBER STATE AND A NON-
 MEMBER STATE THAT DOES NOT CONFLICT WITH THE PROVISIONS OF THIS COMPACT.
   E. THIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO  AMENDMENT  TO
 THIS  COMPACT  SHALL  BECOME EFFECTIVE AND BINDING UPON ANY MEMBER STATE
 UNTIL IT IS ENACTED INTO THE LAWS OF ALL MEMBER STATES.
 
                                SECTION 13.
                       CONSTRUCTION AND SEVERABILITY
 
   THIS COMPACT SHALL BE LIBERALLY CONSTRUED  SO  AS  TO  EFFECTUATE  THE
 PURPOSES  THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND
 IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED
 TO BE CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE OR OF THE  UNITED
 STATES OR THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON OR
 CIRCUMSTANCE  IS  HELD  INVALID,  THE  VALIDITY OF THE REMAINDER OF THIS
 COMPACT AND THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY,  PERSON
 OR  CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF THIS COMPACT SHALL BE
 HELD CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE, THE COMPACT SHALL
 REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER STATES AND IN
 FULL FORCE AND EFFECT AS TO THE MEMBER STATE AFFECTED AS TO ALL  SEVERA-
 BLE MATTERS.

                                SECTION 14.
                 BINDING EFFECT OF COMPACT AND OTHER LAWS
 
   A.  NOTHING  HEREIN  PREVENTS  THE  ENFORCEMENT  OF ANY OTHER LAW OF A
 MEMBER STATE THAT IS NOT INCONSISTENT WITH THE COMPACT.
   B. ALL LAWS IN A MEMBER STATE IN CONFLICT WITH THE COMPACT ARE  SUPER-
 SEDED TO THE EXTENT OF THE CONFLICT.
   C.  ALL  LAWFUL  ACTIONS  OF  THE  COMMISSION, INCLUDING ALL RULES AND
 BYLAWS PROMULGATED BY  THE  COMMISSION,  ARE  BINDING  UPON  THE  MEMBER
 STATES.
   D.  ALL  AGREEMENTS  BETWEEN  THE COMMISSION AND THE MEMBER STATES ARE
 BINDING IN ACCORDANCE WITH THEIR TERMS.
   E. IN THE EVENT ANY PROVISION OF THE  COMPACT  EXCEEDS  THE  CONSTITU-
 TIONAL  LIMITS  IMPOSED  ON  THE  LEGISLATURE  OF  ANY MEMBER STATE, THE
 PROVISION SHALL BE INEFFECTIVE TO THE EXTENT OF THE  CONFLICT  WITH  THE
 CONSTITUTIONAL PROVISION IN QUESTION IN THAT MEMBER STATE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 A. 7948                            45
 
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Parts A through C of this act shall  be
 as specifically set forth in the last section of such Parts.