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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 03, 2024 |
referred to higher education |
| May 12, 2023 |
referred to higher education |
Senate Bill S6872
2023-2024 Legislative Session
Adopts the Physical Therapy Licensure Compact, the Interstate Occupational Therapy Compact, and the Audiology and Speech-Language Pathology Interstate Compact
download bill text pdfSponsored By
(R, C, IP) 62nd Senate District
Archive: Last Bill Status - In Senate Committee Higher Education Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R) 43rd Senate District
2023-S6872 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7948
- Current Committee:
- Senate Higher Education
- Law Section:
- Education Law
- Laws Affected:
- Add §§6744, 7909 & 8209-a, Ed L
- Versions Introduced in 2025-2026 Legislative Session:
-
S3598, A4522
2023-S6872 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6872REVISED 4/30/24
SPONSOR: ORTT
TITLE OF BILL:
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 Audiolo-
gy and Speech-Language Pathology Interstate Compact (Part C);
PURPOSE OR GENERAL IDEA OF BILL:
Adopts the Physical Therapy Licensure Compact, the Interstate Occupa-
tional Therapy Compact, and the Audiology and Speech-Language Pathology
Interstate Compact.
SUMMARY OF PROVISIONS:
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. Part A: 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. Part B: The education law is amended by adding a new section 7909 to read as follows: 7909. Interstate Occupational Therapy Compact. The interstate occupa- tional therapy compact is hereby enacted into law and entered into with all jurisdictions legally joining therein. Part C: The education law is amended by adding a new section 8209-a to read as follows: 8209-a. Audiology and Speech Language Pathology Inter- state Compact. The audiology and speech-language pathology interstate compact is hereby enacted into law and entered into with all jurisdic- tions legally joining therein. Section two establishes the severability clause. Section three states the effective date. JUSTIFICATION: The Office of the Deputy under Secretary of Defense recommends this legislation for the Military Community and Family Policy as part of their top ten priorities for States, which are important for the quali- ty-of-life issues for service members and families. New York is behind when it comes to the adoption of these licensing requirements. Incon- sistencies between states and the lack of portable employment opportu- nities hinder military spouses' career growth. The anticipated outcome is that states provide alternative certifications, and enhance the licensing procedures so that it fits the needs of working military fami- lies. New York can achieve this by providing education and training opportunities, reciprocal licensing agreements, and out-of-state licens- ing recognition. This would ensure that military spouses are able to practice their profession across state lines. According to the United States Department of Defense-State Liaison Office, this legislation aligns with the 'best practices' language that is given by the Depart- ment of Defense to partner with States to support military families. The purpose of this Compact is to facilitate interstate practices with the goal of improving public access to Physical Therapy, Occupational Therapy and Audiology and Speech-Language Pathology. This legislation will also serve the purpose of allowing people from other states to come and practice in New York regardless of military status. This will expand the number of jobs and people in this field. With New York joining this compact it will also allow more people to have opportunities to use these services. PRIOR LEGISLATIVE HISTORY: New Bill. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None EFFECTIVE DATE: 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.
2023-S6872 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6872
2023-2024 Regular Sessions
I N S E N A T E
May 12, 2023
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed 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
S. 6872 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.
S. 6872 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
S. 6872 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.
S. 6872 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
S. 6872 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;
S. 6872 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;
S. 6872 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.
S. 6872 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
S. 6872 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;
S. 6872 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
S. 6872 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,
S. 6872 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
S. 6872 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;
S. 6872 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.
S. 6872 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;
S. 6872 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;
S. 6872 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.
S. 6872 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-
S. 6872 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
S. 6872 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;
S. 6872 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:
S. 6872 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.
S. 6872 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
S. 6872 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.
S. 6872 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.
S. 6872 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
S. 6872 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
S. 6872 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.
S. 6872 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-
S. 6872 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.
S. 6872 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:
S. 6872 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;
S. 6872 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
S. 6872 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:
S. 6872 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.
S. 6872 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;
S. 6872 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;
S. 6872 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
S. 6872 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
S. 6872 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;
S. 6872 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
S. 6872 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.
S. 6872 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
S. 6872 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.
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