A.R.S. tit. 32 ch. 34 — Arizona Revised Statutes Title 32 Chapter 34 — Occupational Therapy

32-3401. Definitions In this chapter, unless the context otherwise requires: 1. "Board" means the board of occupational therapy examiners. 2. "Consultation" means the act or procedure of exchanging ideas or information or providing professional advice to another professional or responsible party regarding the provision of occupational therapy services. 3. "Evaluation" means an occupational therapist's assessment of treatment needs within the scope of practice of occupational therapy. Evaluation does not include making a medical diagnosis. 4. "Letter of concern" means a nondisciplinary advisory letter to notify a licensee that, while there is insufficient evidence to support disciplinary action, the licensee should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board may result in future action against the licensee's license. 5. "Occupational therapist" means a person who is licensed pursuant to this chapter to practice occupational therapy and who is a graduate of an accredited occupational therapy education program, completes the approved fieldwork and passes the examination as required by the board pursuant to section 32-3424. 6. "Occupational therapy" means the use of therapeutic activities or modalities to promote engagement in activities with individuals who are limited by physical or cognitive injury or illness, psychosocial dysfunction, developmental or learning disabilities, sensory processing or modulation deficits or the aging process in order to achieve optimum functional performance, maximize independence, prevent disability and maintain health. Occupational therapy includes evaluation, treatment and consultation based on the client's temporal, spiritual and cultural values and needs. 7. "Occupational therapy assistant" means a person who is licensed pursuant to this chapter, who is a graduate of an accredited occupational therapy assistant education program, who assists in the practice of occupational therapy and who performs delegated procedures commensurate with the person's education and training. 8. "Occupational therapy services" includes the following: (a) Developing an intervention and training plan that is based on the occupational therapist's evaluation of the client's occupational history and experiences, including the client's daily living activities, development, activity demands, values and needs. (b) Evaluating and facilitating developmental, perceptual-motor, communication, neuromuscular and sensory processing function, psychosocial skills and systemic functioning, including wound, lymphatic and cardiac functioning. (c) Enhancing functional achievement, prevocational skills and work capabilities through the use of therapeutic activities and modalities that are based on anatomy, physiology and kinesiology, growth and development, disabilities, technology and analysis of human behavioral and occupational performance. (d) Evaluating, designing, fabricating and training the individual in the use of selective orthotics, prosthetics, adaptive devices, assistive technology and durable medical equipment as appropriate. (e) Administering and interpreting standardized and nonstandardized tests that are performed within the practice of occupational therapy, including manual muscle, sensory processing, range of motion, cognition, developmental and psychosocial tests. (f) Assessing and adapting environments for individuals with disabilities or who are at risk for dysfunction. 9. "Supervision" means the giving of instructions by the supervising occupational therapist or the occupational therapy assistant that are adequate to ensure the safety of clients during the provision of occupational therapy services and that take into consideration at least the following factors: (a) Skill level. (b) Competency. (c) Experience. (d) Work setting demands. (e) Client population. 10. "Unprofessional conduct" includes the following: (a) Habitual intemperance in the use of alcohol. (b) Habitual use of narcotic or hypnotic drugs. (c) Gross incompetence, repeated incompetence or incompetence resulting in injury to a client. (d) Having professional connection with or lending the name of the licensee to an unlicensed occupational therapist. (e) Practicing or offering to practice occupational therapy beyond the scope of the practice of occupational therapy. (f) Obtaining or attempting to obtain a license by fraud or misrepresentation or assisting a person to obtain or to attempt to obtain a license by fraud or misrepresentation. (g) Failing to provide supervision according to this chapter and rules adopted pursuant to this chapter. (h) Making misleading, deceptive, untrue or fraudulent representations in violation of this chapter. (i) Having been adjudged mentally incompetent by a court of competent jurisdiction. (j) Knowingly aiding a person who is not licensed in this state and who directly or indirectly performs activities requiring a license. (k) Failing to report to the board any act or omission of a licensee or applicant or of any other person who violates this chapter. (l) Engaging in the performance of substandard care by a licensee due to a deliberate or negligent act or failure to act, regardless of whether actual injury to the person receiving occupational therapy services is established. (m) Failing to refer a client whose condition is beyond the training or ability of the occupational therapist to another professional qualified to provide such service. (n) Censure of a licensee or refusal, revocation, suspension or restriction of a license to practice occupational therapy by any other state, territory, district or country, unless the applicant or licensee can demonstrate that the disciplinary action is not related to the ability to safely and skillfully practice occupational therapy or to any act of unprofessional conduct prescribed in this paragraph. (o) Any conduct or practice that violates recognized standards of ethics of the occupational therapy profession, any conduct or practice that does or might constitute a danger to the health, welfare or safety of the client or the public or any conduct, practice or condition that does or might impair the licensee's ability to safely and skillfully practice occupational therapy. (p) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate this chapter. (q) Falsely claiming to have performed a professional service, billing for a service not rendered or charging or collecting an excessive fee for services not performed. (r) Sexually inappropriate conduct with a client. For the purposes of this subdivision, "sexually inappropriate conduct" includes: (i) Engaging in or soliciting a sexual relationship, whether consensual or nonconsensual, with a current client or with a former client within three months after termination of occupational therapy services. (ii) Making sexual advances, requesting sexual favors or engaging in other verbal conduct or inappropriate physical contact of a sexual nature with a person treated by an occupational therapist or occupational therapy assistant. (iii) Intentionally viewing a completely or partially disrobed client in the course of treatment if the viewing is not related to treatment under current practice standards. (s) Knowingly making a false or misleading statement to the board on a license application or renewal form required by the board or any other verbal or written communications directed to the board or its staff. (t) Conviction of a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case conviction by a court of competent jurisdiction is conclusive evidence of the commission and the board may take disciplinary action after the time for appeal has lapsed, when judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order. For the purposes of this subdivision, "conviction" means a plea or verdict of guilty or a conviction following a plea of nolo contendere. (u) Violating any federal law, state law, rule or regulation directly related to the practice of occupational therapy. (v) Engaging in false advertising of occupational therapy services. (w) Engaging in the assault or battery of a client. (x) Falsifying client documents or reports. (y) Failing to document or maintain client treatment records or failing to prepare client reports within thirty days of service or treatment. (z) Failing to renew a license while continuing to practice occupational therapy. (aa) Signing a blank, undated or unprepared prescription form. (bb) Entering into a financial relationship other than a normal billing process that leads to embezzlement or violates recognized ethical standards. (cc) Failing to maintain client confidentiality without written consent of the client or unless otherwise required by law. (dd) Promoting or providing treatment, intervention or a device or service that is unwarranted for the condition of the client beyond the point of reasonable benefit. 32-3402. Board of occupational therapy examiners; members; qualifications; terms; compensation; civil immunity A. The board of occupational therapy examiners is established and consists of five members appointed by the governor. Each board member shall be a resident of the state at the time of appointment. The governor shall appoint two persons who are not engaged, directly or indirectly, in the provision of health care services to serve as public members. The other three members shall have at least three years of experience in occupational therapy or teaching in an accredited occupational therapy education program in this state immediately before appointment and shall be licensed under this chapter. The governor may select board members from a list of licensees submitted by the Arizona occupational therapy association, inc. or any other appropriate organization. B. Before appointment by the governor, a prospective member of the board shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. C. The term of office of board members is three years to begin and end on the third Monday in January. A member shall not serve more than two consecutive terms. D. The board, at its first regular meeting after the start of each calendar year and as necessary, shall elect a chairperson and other officers from among its members. The board shall meet at least once each quarter in compliance with the open meeting requirements of title 38, chapter 3, article 3.1 and shall keep an official record of these meetings. Other meetings may be convened at the call of the chairperson or the written request of any two board members. A majority of the members of the board shall constitute a quorum. E. Each member of the board is eligible to receive compensation in the amount of one hundred dollars for each regular or special board meeting the member attends and is eligible for reimbursement for all expenses necessarily and properly incurred in attending board meetings. F. A board member is immune from civil liability for any actions that are within the scope of the board member's duties if they are taken without malice and in the reasonable belief that they are warranted by law. 32-3403. Executive director; personnel; duties; compensation A. Subject to title 41, chapter 4, article 4, the board may employ and discharge an executive director and other officers and employees as it deems necessary and designate their duties. Board personnel are eligible to receive compensation as determined pursuant to section 38-611. B. The executive director shall: 1. Issue and document licenses approved by the board. 2. Keep a record of the status of licenses and licensees. 3. Keep a record of the status of applicants, including those whose applications are denied. 4. Perform tasks and duties assigned by the board. 5. Collect fees and maintain accounting records according to generally accepted accounting principles. 32-3404. Powers and duties; commissioners; committees A. The board shall: 1. Administer, coordinate and enforce this chapter. 2. Evaluate the qualifications of applicants. 3. Prescribe examination requirements for licensure. 4. Adopt rules necessary to carry out this chapter. 5. Conduct informal meetings, formal interviews and hearings and keep records and minutes necessary to carry out its functions. 6. Prescribe educational programs required for licensure pursuant to this chapter. B. The board may: 1. Appoint commissioners to assist in the performance of its duties. 2. Report any violations of this chapter or rules adopted pursuant to this chapter to a county attorney, the attorney general, a federal agency or a state or national organization. 3. Establish committees to assist in carrying out its duties for a time prescribed by the board. The board may require a committee appointed pursuant to this paragraph to make regular reports to the board. C. Commissioners appointed pursuant to subsection B, paragraph 1 of this section shall receive no compensation for their services but shall be reimbursed for actual and necessary expenses that they incur in the performance of their duties. 32-3405. Occupational therapy fund; deposit of receipts by board (L24, Ch. 222, sec. 43. Eff. until 7/1/28) A. The occupational therapy fund is established. Pursuant to sections 35-146 and 35-147, civil penalties imposed under section 32-3442, subsection K shall be deposited in the state general fund. The board shall deposit fifteen percent of all other monies collected under this chapter in the state general fund and deposit the remaining eighty-five percent in the occupational therapy fund. Monies in the occupational therapy fund may be used by the board for payment of all necessary board expenses, including compensation and expenses of board members and board staff on claims approved by the board. B. Monies deposited in the occupational therapy fund are subject to section 35-143.01. 32-3405. Occupational therapy fund; deposit of receipts by board (L24, Ch. 222, sec. 44. Eff. 7/1/28) A. The occupational therapy fund is established. Pursuant to sections 35-146 and 35-147, civil penalties imposed under section 32-3442, subsection K shall be deposited in the state general fund. The board shall deposit ten percent of all other monies collected under this chapter in the state general fund and deposit the remaining ninety percent in the occupational therapy fund. Monies in the occupational therapy fund may be used by the board for payment of all necessary board expenses, including compensation and expenses of board members and board staff on claims approved by the board. B. Monies deposited in the occupational therapy fund are subject to section 35-143.01. 32-3421. Practicing without a license; prohibition; use of titles A. Except as provided by section 32-3422, a person shall not do any of the following in this state unless licensed pursuant to this chapter: 1. Practice or assist in the practice of occupational therapy. 2. Claim to be an occupational therapist, an occupational therapy assistant or a provider of occupational therapy services. 3. Render occupational therapy services. B. A person shall not use any of the following titles, or any letters, abbreviations or insignia of these titles, in connection with that person's name or place of business unless the person is licensed pursuant to this chapter: 1. Occupational therapist. 2. Licensed occupational therapist. 3. Occupational therapist registered. 4. Occupational therapy assistant. 5. Licensed occupational therapy assistant. 6. Certified occupational therapy assistant. 32-3422. Persons and practices not required to be licensed This chapter does not prevent or restrict the practice, services or activities of: 1. A person engaging in the practice of that person's profession if the service is not practiced as or represented to be occupational therapy. 2. A person licensed in this state from engaging in the profession or occupation for which the person is licensed. 3. A person employed as an occupational therapist or occupational therapy assistant by the United States or any agency of the United States, if that person provides occupational therapy solely under the direction or control of the agency that employs that person. 4. A person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program pursuant to section 32-3404, if the person is designated by a title that clearly indicates the person's status as a student or trainee. 5. A person fulfilling the supervised fieldwork experience requirements of section 32-3423, if the experience constitutes a part of the fieldwork experience necessary to meet the requirements of section 32-3423. 6. A person performing occupational therapy services in this state for purposes of continuing education, consultation or training, if these services are performed for no more than a cumulative total of sixty days in a calendar year in association with an occupational therapist licensed under this chapter, if either of the following is true: (a) The person is licensed as an occupational therapist or occupational therapy assistant in good standing in another state. (b) The person is certified by the national board for certification in occupational therapy, incorporated. 7. A person employed by a health care provider licensed pursuant to another chapter of this title if the person does not claim to be an occupational therapist or occupational therapy assistant and the services or activities constitute a part of the person's job duties. 32-3423. Application for licensure; qualifications A. An applicant for licensure as an occupational therapist or as an occupational therapy assistant shall: 1. Successfully complete the academic and fieldwork requirements of an educational program subject to board review and standards prescribed by the board. The board shall require: (a) For an occupational therapist, a minimum of nine hundred twenty-eight hours of supervised fieldwork experience as determined by the supervising institution, organization or sponsor. (b) For an occupational therapy assistant, a minimum of six hundred eight hours of supervised fieldwork experience as determined by the supervising institution, organization or sponsor. 2. Pass an examination administered pursuant to section 32-3424. 3. Complete the application process and pay all fees required pursuant to this chapter. B. The board may deny a license to an applicant who: 1. Commits a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case conviction by a court of competent jurisdiction is conclusive evidence of the commission. 2. Engages in any conduct that violates section 32-3401. C. An applicant who is denied a license may request a hearing pursuant to title 41, chapter 6, article 10. 32-3424. Examination for licensure of occupational therapists and occupational therapy assistants A. An applicant for licensure shall take a written examination approved and administered by the national board for certification in occupational therapy, incorporated. The examination shall test an applicant's knowledge of the basic and clinical services relating to providing occupational therapy services, techniques and methods. B. The applicant shall arrange for the examination following successful completion of the academic and fieldwork requirements of section 32-3423 and submit evidence of successful completion of the examination. 32-3425. Licensure by endorsement A. The board shall grant a license to any person certified before July 1, 1990 as a registered occupational therapist or a certified occupational therapy assistant by the American occupational therapy certification board, incorporated. B. The board may waive the examination, education or experience requirements and grant a license to an applicant who presents proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia or a territory of the United States that requires standards for licensure considered by the board to be equivalent to the requirements of this chapter for licensure. C. The board shall issue a license to a person who meets the requirements of this chapter on payment of all prescribed fees. 32-3426. Renewal of license; inactive status; notice of address or name change A. Except as provided in section 32-4301, a license issued under this chapter is subject to renewal every two years and expires unless renewed. The board may reinstate an expired license if the licensee: 1. Complies with board rules for renewal of licenses. 2. Is not in violation of this chapter or board rules or orders. 3. Pays the fees prescribed pursuant to section 32-3427. B. A licensee may request and the board may grant inactive status to a licensee who ceases to practice as an occupational therapist or occupational therapy assistant. C. The board may establish by rule additional requirements for license renewal to require the successful completion of a prescribed number of hours of continuing education as a condition of licensure renewal. D. A licensee must report to the board in writing a name change and any change in business or home address within thirty days after the change. 32-3427. Fees A. The board by rule, shall establish and collect fees not to exceed: 1. One hundred dollars for application for a license. 2. Three hundred dollars for an initial license. 3. Three hundred dollars for renewal of a license. 4. Three hundred dollars for an application for reinstatement. 5. Seventy-five dollars for a limited license. 6. Fifty dollars for a duplicate license. B. The board, by rule, shall establish and collect fees for renewal of an inactive status license. 32-3428. Limited license A. The board may grant a limited license to a person who has not taken the licensure examination if that person was trained in this country and has completed the academic and fieldwork requirements of this chapter. B. The board may grant a limited license to a foreign-trained person who has completed the academic and fieldwork requirements of this chapter if that person has not taken the licensure examination but submits proof of acceptance to take the licensure examination. C. The holder of a limited license may practice occupational therapy only under the supervision of a licensed occupational therapist. D. A limited license is valid for four months and becomes void if a person fails the examination. The limited license expires if a person passes the examination and is issued a license under section 32-3425, subsection C. E. The board may reissue a limited license once. 32-3429. Foreign trained applicants Foreign trained occupational therapists and occupational therapy assistants shall: 1. Satisfy the examination requirements of section 32-3424. 2. Complete the academic and supervised fieldwork requirements that are substantially equal to those prescribed in section 32-3423 before taking the examination. 3. Submit a completed application as prescribed by the board. 4. Pay all applicable fees prescribed pursuant to section 32-3427. 32-3430. Fingerprinting; requirement A. Beginning January 1, 2022, an applicant for original licensure, license renewal, license reinstatement or a limited license pursuant to this chapter shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1. B. This section does not affect the board's authority to otherwise issue, deny, cancel, terminate, suspend or revoke a license or a limited license. 32-3431. Occupational therapy licensure compact The occupational therapy licensure compact model legislation is adopted and enacted into law as follows: Section 1 Purpose The purpose of this compact is to facilitate the interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. This 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 occupational 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 multistate occupational therapy practice. 4. Support spouses of relocating military members. 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. 7. Facilitate the use of telehealth technology in order to increase access to occupational therapy services. Section 2 Definitions As used in this compact, and except as otherwise provided, the following definitions 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 United States Code chapter 1209 and 10 United States Code chapter 1211. 2. "Adverse action" means any administrative, civil, equitable or criminal action allowed by a state's laws that is imposed by a licensing board or other authority against an occupational therapist or occupational therapy assistant, including actions against an individual's license or compact privilege such as censure, revocation, suspension, probation, monitoring of the licensee or restriction on the licensee's practice. 3. "Alternative program" means a nondisciplinary monitoring process approved by an occupational therapy licensing board. 4. "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. 5. "Continuing competence/education" means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work. 6. "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the occupational therapist or occupational therapy assistant to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction. 7. "Data system" means a repository of information about licensees, including but not limited to license status, investigative information, compact privileges, and adverse actions. 8. "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. 9. "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. 10. "Home state" means the member state that is the licensee’s primary state of residence. 11. "Impaired practitioner" means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions. 12. "Investigative information" means information, records, and/or documents received or generated by an occupational therapy licensing board pursuant to an investigation. 13. "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of occupational therapy in a state. 14. "Licensee" means an individual who currently holds an authorization from the state to practice as an occupational therapist or as an occupational therapy assistant. 15. "Member state" means a state that has enacted the compact. 16. "Occupational therapist" means an individual who is licensed by a state to practice occupational therapy. 17. "Occupational therapy", "occupational therapy practice" and "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. 18. "Occupational therapy assistant" means an individual who is licensed by a state to assist in the practice of occupational therapy. 19. "Occupational therapy compact commission" or "commission" means the national administrative body whose membership consists of all states that have enacted this compact. 20. "Occupational therapy licensing board" or "licensing board" means the agency of a state that is authorized to license and regulate occupational therapists and occupational therapy assistants. 21. "Primary state of residence" means the 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 a driver license, federal income tax return, lease, deed, mortgage or voter registration or other verifying documentation as further defined by commission rules. 22. "Remote state" means a member state, other than the home state, where a licensee is exercising or seeking to exercise the compact privilege. 23. "Rule" means a regulation adopted by the commission that has the force of law. 24. "Single-state license" means an occupational therapist license or occupational therapy assistant license issued by a member state that authorizes practice only within the issuing state and does not include a compact privilege in any other member state. 25. "State" means any state, commonwealth, district or territory of the United States that regulates the practice of occupational therapy. 26. "Telehealth" means the application of telecommunication technology to deliver occupational therapy services for assessment, intervention or consultation, or any combination of these. Section 3 State Participation in the Compact A. To participate in the compact, a member state shall: 1. License occupational therapists and occupational therapy assistants. 2. Participate fully in the commission's data system, including 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 use procedures for considering the criminal history records of applicants for an initial compact privilege. 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, subject to the following: (a) A member state, within a time frame established by the commission, shall require a criminal background check for a licensee seeking or applying for a compact privilege whose primary state of residence 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. 8. Have continuing competence and 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 accordance 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. This compact does not 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 meet all of the following requirements: 1. Hold a license in the home state. 2. Have a valid United States social security number or national practitioner identification number. 3. Have no encumbrance on any state license. 4. Be eligible for a compact privilege in any member state in accordance with subsections D, F, G and H of this section. 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 or states. 7. Pay any applicable fees, including any state fee, for the compact privilege. 8. Complete a criminal background check in accordance with section 3, subsection A, paragraph 5 of this compact. The licensee is responsible for the payment of any fee associated with the completion of a criminal background check. 9. Meet any jurisprudence requirements established by the remote state or states in which the licensee is seeking a compact privilege. 10. Report to the commission adverse action taken by any nonmember state within thirty days after 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 subsection A of this section 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, in accordance with due process and that state's laws, may remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, 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 both of the following occur: 1. The home state license is no longer encumbered. 2. Two years have elapsed from the date on which the home state license is no longer encumbered in accordance with paragraph 1 of this subsection. G. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection A of this section 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 paragraphs 1 and 2 of this subsection. 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 subsection H of this section have been met, the licensee must meet the requirements in subsection A of this section to obtain a compact privilege in a remote state. 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 states in accordance with applicable rules adopted by the commission. 2. On 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 of this compact via the data system, without need for primary source verification, except for: (a) A federal bureau of investigation fingerprint-based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with Public Law 92-544. (b) Another criminal background check as required by the new home state. (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 occupational therapist or occupational therapy assistant cannot meet the criteria in section 4 of this compact, 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 nonmember state, or from a nonmember state to a member state, the state criteria shall apply for issuance of a single-state license in the new state. D. This compact does not 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. This compact does not 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 change the home state only through application for licensure in the new state or through the process described in section 5 of this compact. 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 occupational 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 is 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 any appropriate action and shall promptly report the conclusions of the investigations to the occupational therapy compact commission data system. The occupational therapy compact commission data system administrator shall promptly notify the new home state of any adverse actions. E. A member state, if otherwise allowed by state law, may recover from the affected occupational therapist or occupational therapy assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant. F. A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action. G. Joint investigations are as follows: 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 compliance materials in furtherance of any joint or individual investigation initiated under this compact. H. If an adverse action is taken by the home state against an occupational therapist's or occupational therapy assistant's license, the occupational therapist's or occupational therapy assistant's compact 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. This compact does not 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 to which the following apply: 1. The commission is an instrumentality of the compact states. 2. Venue is proper and judicial proceedings by or against the commission 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 sovereign immunity. B. Membership, voting and meetings are as follows: 1. Each member state shall have and be limited to one 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. (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 ninety days. 5. Each delegate shall be entitled to one vote with regard to the adoption of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. 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 delegates. 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. 5. Meet and take such actions as are consistent with the provisions of this compact and the bylaws. 6. Adopt uniform rules to facilitate and coordinate implementation 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 employees of a member state. 10. Hire employees, elect or appoint officers, fix compensation, define duties and 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 monies, equipment, supplies, materials and services, and receive, use and dispose of the same, if at all times the commission avoids any appearance of impropriety 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, if at all times the commission avoids any appearance 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 monies. 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. 19. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of occupational therapy licensure and practice. D. The executive committee shall have the power to act on behalf of the commission according to the terms of this compact as follows: 1. The executive committee shall be composed of nine members as follows: (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 occupational therapy professional association. (c) One ex officio, nonvoting member from a recognized national occupational therapy certification organization. 2. The ex officio members will be selected by their respective organizations. 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 responsibilities: (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. (g) Perform other duties as provided in rules or bylaws. E. Meetings of the commission are as follows: 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 rulemaking provisions in section 10 of this compact. 2. The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss: (a) Noncompliance of a member state with its obligations under the compact. (b) The employment, compensation or discipline or any other matter, practice or procedure 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) The negotiation of contracts for the purchase, lease or sale of goods, services or real estate. (e) The accusation of any person of a crime or formally censuring any person. (f) The disclosure of trade secrets or commercial or financial information that is privileged or confidential. (g) The disclosure of information of a personal nature that would constitute a clearly unwarranted invasion of personal privacy. (h) The disclosure of investigative records compiled for law enforcement purposes. (i) The disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or another committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact. (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 section, 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 is as follows: 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 appropriate revenue sources, donations and grants of monies, 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 allocated based on a formula to be determined by the commission, which shall adopt a rule that is binding on all member states. 4. The commission shall not incur obligations of any kind before securing the monies adequate to meet these obligations, and the commission may not 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, which are subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of monies 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 provisions are as follows: 1. The members, officers, executive director, employees and representatives of the commission are 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 liability 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. This paragraph does not protect any such person from suit 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 director, 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 employment, 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 if the actual or alleged act, error or omission did not result from that person's intentional or wilful or wanton misconduct. This paragraph does not prohibit the person against whom the claim is made from retaining the person's own counsel. 3. The commission shall indemnify and hold harmless any member, officer, 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 responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities if the actual or alleged act, error or omission did not result from the intentional or wilful 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 applies, using a unique identifier, as required by the rules of the commission, including all of the following: 1. Identifying information. 2. Licensure data. 3. Adverse actions against a license or compact privilege. 4. Nonconfidential information related to alternative program participation. 5. Any denial of an application for licensure and the reason or reasons for such denial. 6. Other information that may facilitate the administration of this compact, as determined by the rules of the commission. 7. Current significant investigative information. C. Current significant investigative information and other investigative 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 under this section. Rules and amendments become binding as of the date specified in each rule or amendment. B. The commission shall adopt reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, if the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this compact or the powers granted under this compact, such an action by the commission is invalid and has 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 four years after the date of adoption of the rule, the rule has no further force and effect in any member state. D. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission. E. Before the adoption of a final rule or rules by the commission, and at least thirty